Posting of workers platform

What is the minimum period to which Austrian labour law applies in full, and what does this entail?

Austrian labour law applies regardless of the posting period

Even when posting workers for very short periods, companies must comply with Austrian provisions governing working time (laws, ordinances, collective agreements) and relating to safety and health at work.
Further details
can be found at:

Except when performing specific types of assembly work, workers posted are entitled to annual leave as specified under Austrian law if the laws of the posting country specify less annual leave.
Further details can be found at:

Austrian labour law applies after a 12-month posting or hiring-out period

When workers are posted or hired out for more than 12 months, Austrian labour law applies in full where Austria’s provisions are more favourable to workers than those of the posting country.

The previous posting period worked by a posted or hired-out worker at a particular job must be counted for the worker subsequently posted to replace that worker at the same job.

Applicable labour law also includes:

  • Entitlement to continued renumeration if the worker is prevented from work for specific reasons
  • Entitlement to leave from work as stipulated in an Austrian collective agreement (e.g. special leave)

Provisions relating to the following are not applicable:

  • Entering into and termination of an employment relationship
  • Company-based retirement provision (including company pension schemes)

Workers having entitlements based on Austrian labour law can assert their claims through courts of law in Austria or in their home countries.

Notification of reasons for extending the period of posting or hiring-out to 18 months

Employers can extend the 12-month period to 18 months by providing reasons in writing. Austrian labour law does not subsequently apply in full to the extension period.

Potential reasons for an extension include: measures taken by the authorities, delayed supplies of materials, delays arising from collaboration with local companies or illness.

Notification including reasons is to be provided:

  • initially when submitting notification using form ZKO 3 (when posting workers) or ZKO 4 (when hiring out workers)
  • or when submitting a change report using form ZKO-3-A (when posting workers) or ZKO-4-A (when hiring out workers)

Further information on specific aspects of applicable Austrian labour law: