Austria – minimum wage update

As regards to the minimum wage law in Austria, FEDEMAC would like to inform you that the obligations under this law has been extended beyond cabotage as of the 1st of January 2017.
Scope (both freight and passenger)
– cabotage
– bilateral point to point international transport
– transit EXCLUDED

Pre-registration

Electronic pre-declaration of the drives must be done using this form:

https://www4.formularservice.gv.at/formularserver/user/formular.aspx?pid=fe66cedb506e495c94b3e826701443e5&pn=B461f73088ab946fe9bd1d1cce573d81a&lang=en (available in several languages). Instructions for filling out are included in the document.  In the case of mobile employees in the transport area, the notification must be submitted BEFORE entry into federal territory. In the case of spontaneous cabotage, notification must be made BEFORE the work is started.

Documentation obligation

The pre-registration form and other documents must be kept available in the vehicle (place of employment) – see below. Please note that further details are included in the pre-registration form under the green buttons.

– the social insurance document A1
– a copy of the message of the posting
– supporting documentation, which in any case indicates the actual salary paid to employees during their employment in Austria.

These documents include:

  • The employment contract or a written record of the content of the employment contract
  • Payslip, employer’s or employer’s proof of payment, or bank transfer vouchers
  • Payroll records
  • Documentation on wage classification
  • These documents must be available in German.

Non EU operators

For the posting of workers from companies based in a third country, an assignment permit must be applied for by the Austrian client. It is only granted if the work does not take more than six months and the posting of the individual worker does not take longer than four months.

Minimum salary level

During the period of posting to Austria, workers must be paid at least the level of remuneration specified by a statute or a regulation or the collective agreement in Austria. Please note that the concrete level of the minimum wage is not regulated by law in Austria, but is usually the result of the collective agreement applicable to the industry and the activity. The specific work actually performed by the posted worker in Austria determines the pay level due as stipulated in a collective agreement in Austria.

The question is which collective agreement applies to the employer based outside Austria. Limited information (related only to freight transport) can be found here:

http://www.postingofworkers.at/cms/Z04/Z04_10.1.a/collective-agreements/search?dokid=163088&dokset=4443&language=en

http://www.postingofworkers.at/cms/Z04/Z04_10.1.a/collective-agreements/search?dokid=163066&dokset=4633&language=en

Links to the applicable collective agreements (freight and passenger) in Austria setting the minimum wage levels (only in German) can be found here:

http://www.entsendeplattform.at/kv/Z04/gueterbefoerderungsgewerbe-arb/gueterbefoerderungsgewerbe-rahmen/4207253?d=Touch&language=de

http://www.kollektivvertrag.at/kv/private-autobusbetriebe-arb-ang/private-autobusbetriebe-rahmen/4003216

Remarks

The provisions of the Federal Act shall not apply if the employee is sent to Austria solely for the purpose of providing work of a small scale and short duration (not defined).Transit is excluded, provided that the work is performed exclusively within the transit traffic and the usual place of work is not situated in Austria (cf Rome I and Koelzch ECJ case).

Sources of information

Further information can be found under the Posting of Workers webpage of the Austrian authorities – http://www.postingofworkers.at/cms/Z04/Z04_10/home. (available in German and English)

FEDEMAC would like to kindly ask all of its Members to report any infringement case to gabriela.dimitrova@fedemac.eu or to submit it directly to the Austrian authorities via this contact form.

FEDEMAC will inform its Members as soon as new information become available.