BUAK

For Employers

Companies whose employees perform certain activities are subject to the Construction Workers’ Annual Leave and Severance Pay Act [Bauarbeiter-Urlaubs- und Abfertigungsgesetz] (BUAG). Companies that are operated in the form of an industrial business also fall under BUAG.

The affected company types are listed in § 2 BUAG although not all areas apply to every company.


Company type:

a) businesses of master builders, master bricklayers, construction firms, businesses engaging in the bending and installation of structural iron, demolition businesses, businesses whose owners are licensed to carry out masonry and bricklaying work pursuant to § 6 of the Building Trade Act [Baugewerbegesetz], Imperial Law Gazette no. 193/1893, businesses engaging in earth moving (dike building), earthwork, concrete pipes and concrete cutting, water regulation, torrent control and avalanche protection, preparation and improvement work, road construction, construction of back roads, grinding out chimneys and fireplaces, coating facades for the purpose of thermal insulation;

b) businesses of master stonemasons, businesses whose owners are licensed to carry out the trade of stonemasonry pursuant to § 6 of the Building Trade Act [Baugewerbegesetz], Imperial Law Gazette no. 193/1893, businesses manufacturing cast stone or terrazzo;

c) roofing businesses, paving businesses;

d) stove-fitting businesses (except for businesses engaging in manufacturing only), tiling businesses;

e) businesses of master well sinkers, businesses whose owners are licensed to carry out the trade of well sinking pursuant to § 6 of the Building Trade Act [Baugewerbegesetz], Imperial Law Gazette no. 193/1893, deep drilling businesses, scaffolding rental businesses, businesses renting out construction equipment including service staff, thermal, cold, sound and fire insulation businesses, asphalting businesses, blacktopping businesses, businesses engaging in sealing against moisture and infiltration water, businesses engaging in stucco and drywall work, plasterwork businesses, stone wood tiling businesses, screed manufacturing;

f) carpentry businesses and businesses whose owners are licensed to carry out the trade of carpentry pursuant to § 6 of the Building Trade Act [Baugewerbegesetz], Imperial Law Gazette no. 193/1893, parquetry businesses;

g) specialised businesses which carry out activities that fall within the scope of the businesses as defined by lits. a to f with respect to their fields of activity; even if the activity is also performed by companies that are not covered by lits. a to f above;

h) temporary agencies with respect to those employees who are recruited in order to be hired out to perform activities carried out by the businesses covered by lits. a to g with respect to their fields of activity, or actually hired out to perform such activities.

Scope of application of the individual areas:

  • Holidays and interim supplement paid to unemployed construction workers prior to retirement: all listed
     
  • Additional holidays for shift work:
    • point.a,
    • point g: only areas of activity as per §2 (1) a BUAG,
    • point h: only areas of activity as per §2 (1) a or b BUAG
  • Statutory severance pay:
    • points a-e
    • point f: carpentry companies and companies of holders of carpentry concessions pursuant to § 6 of the Building Trade Act [Baugewerbegesetz], Imperial Law Gazette no. 193/1893, as long as they are not operated as a factory
  • Winter holiday provision:
    • point a: Companies that coat facades for the purposes of heat insulation, except for painting companies
    • point g: only areas of activity as per §2 (1) a BUAG
    • point h: only areas of activity as per §2 (1)a or b BUAG
       

Mixed-industry company provision:

§ 3 BUAG stipulates that companies that conduct activities in the fields of activity conducted by the companies listed in § 2, as well as activities that do not fall under those fields of activity, are subject to the conditions of this federal law as mixed-industry companies pursuant to Paragraphs 2 through 5. Companies in which activities as per § 2 are conducted only for the company itself are excluded.

 For details on the mixed-industry company provision, see  §3 BUAG.

 

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BUAK - Bauarbeiter-Urlaubs- und Abfertigungskasse
Kliebergasse 1a, 1050 Vienna

0579 579 5000
0579 579 95 0 99

kundendienst@buak.at

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Fri 7.00 am to 1.00 pm