BUAG’s posting provisions apply to all businesses that meet the following conditions:
During an ongoing employment contract,
an employer employs workers who are not normally resident in Austria
on a temporary basis for the purposes of continued work performance
or to carry out construction activities
pursuant to BUAG
in the context of an employee transfer to Austria.
In addition, this also applies to workers who, despite their usual place of work being Austria, are called on by an employer with their registered office outside of Austria to perform work within Austria.
The decision on whether or not BUAG posting provisions are applicable to workers posted to Austria depends primarily on the type of work that they are performing in Austria.
How is leave entitlement established?
The employees concerned have an obligatory entitlement to paid leave for the duration of their posting to Austria. The entitlement is directed to BUAK, and must be claimed by the employee (or by the company on behalf of the employee) by presenting the form “Submission for holiday remuneration claims pursuant to § 33f BUAG”.
In general, once posted workers have earned 52 qualifying weeks, they are entitled to 25 days of leave (30 working days). This increases to 30 days of leave (36 working days) at 1150 qualifying weeks.
Leave entitlement is awarded in relation to the number of qualifying weeks accumulated in a calendar year.
However, the leave entitlement is only awarded to the extent of the entitlements for which the employer pays the specified supplements. For more information about the calculation of supplements for leave, click here.
Who pays the holiday remuneration?
BUAK pays the (net) holiday remuneration directly to employees, but only to the extent of the payments that the company has made to BUAK.
Additional information on this topic