Incorporation of postings in the Act on Construction Workers’ Annual Leave and Severance Pay
In the interest of realising the freedom to provide services, the European parliament and the Council enacted the Posting of Workers Directive 96/71/EC. This Directive is applicable to all companies that send post workers to other states for temporary employment. The purpose is to ensure that workers are assured of minimum protection regulations, such as payment of minimum leave or wages, also in the case of cross-border employment.
This Directive was enacted in Austrian law by means of a revision of the Act on Construction Workers' Annual Leave and Severance Pay (BUAG) on 01.09.2005. An amendment to BUAG, effective as from 01.08.2009, defined the area of validity and the posting concept. Workers who are not normally stationed in Austria and who are posted or made available cross-border by employers to perform construction tasks as defined by BUAG are now included in the BUAK holiday pay fund procedure.
Also included are workers who are normally stationed in Austria and who are recruited to work in the federal territory by employers not headquartered in Austria.
Workers temporarily stationed or made available in Austria are therefore put on an equal base with workers already under the BUAG regulations.
The following pages provide answers to open questions such as
- Who falls under the BUAG Posting regulations?
- Which information must be provided where?
- What is BUAK actually responsible for?
- When does a claim to leave arise?
- Das Bauarbeiter- Urlaubs- und Abfertigungsgesetz und das Bauarbeiter-Schlechtwetter-Entschädigungsgesetz (pdf, 0.6 MB).
- Broschüre Leitfaden für Entsendung nach Österreich in der Bauwirtschaft (pdf, 281 KB).
- Entsenderichtlinie 96/71/EG (pdf, 38 KB).
- Entsendung Erstmeldeverfahren ab 01.05.2011 (pdf, 54 KB).
- Broschüre Entsendung Stand April 2012 (pdf, 284 KB).