Legal framework – Posting conditions
Inclusion of posting situations in the Construction Workers’ Annual Leave and Severance Pay Act [Bauarbeiter-Urlaubs- und Abfertigungsgesetz] (BUAG)
In the interest of enabling the freedom of movement for services, the European Parliament and the Council enacted the Posting of Workers Directive 96/71/EC. This directive applies to all businesses that post employees to another country for the purposes of temporary employment. It is intended to ensure that certain labour and employment conditions of the country of employment, e.g. the minimum amount of paid annual leave or minimum wages, are also fulfilled in cases of temporary cross-border employment.
The Directive was enacted in Austrian law by means of an amendment to the Construction Workers’ Annual Leave and Severance Pay Act [Bauarbeiter-Urlaubs- und Abfertigungsgesetz] (BUAG) on 1 September 2005. The amendment to the BUAG, which came into effect on 01/08/2009 specified the scope of application and the concept of posting. Therefore, all workers who have no usual workplace in Austria, and are posted or temporarily employed by employers for the cross-border performance of construction activities as defined in the BUAG, are covered by the annual leave fund of the Construction Workers’ Annual Leave and Severance Pay Fund [Bauarbeiter-Urlaubs- und Abfertigungskasse] (BUAK).
In addition, this also applies to workers who, despite their usual place of work being Austria, are called on by employers with their registered office outside of Austria to perform work within Austria.
With the posting conditions, workers who are temporarily posted to or temporarily employed in Austria are therefore treated the same as workers to whom the BUAG already applied in the past.
On the following pages, questions such as
- Who is covered by the BUAG’s posting conditions?
- What information has to be made available, and where?
- What are BUAK’s actual responsibilities?
- When is there leave entitlement?
- are answered in detail.
Visit the Posting Platform to find out more.