What level of remuneration is to be paid to workers hired out to Austria?
As a general rule, during the period they are hired out to Austria, workers must be paid at least the level of remuneration that the collective agreement stipulates for that type of work in the user undertaking’s business in Austria. The hired-out worker is entitled unconditionally to the minimum remuneration stipulated by the collective agreement applying to the user undertaking’s business.
However, derogating from the general rule, at least the level of remuneration stipulated by Austrian collective agreements governing temporary agency work (the Collective Agreement for Temporary-Work Agencies in the case of blue-collar employees and the Collective agreement for Crafts and Trades in the case of white-collar employees) is due where:
the user undertaking’s business does not fall under any collective agreement in Austria; or
the hired-out employees are not active during certain periods in Austria; or
- the collective agreements governing temporary agency work are more favourable for the hired-out worker than the specific collective agreement applying to the user undertaking.
When determining the pay level, consideration also has to be given to any other provisions of a general nature with legally binding effect (such as works agreements) which apply to comparable employees performing comparable work at the user undertaking, except where the temporary work agency is subject to a collective agreement and rules based on a collective agreement have been specified by ordinance or statute for the pay level at the user undertaking.
A pro-rated share of special payments (Sonderzahlungen, i.e. Christmas bonus or Weihnachtsgeld and annual leave bonus or Urlaubszuschuss) is due to workers for the period they are hired out and is to be paid out with regular wages – normally already with each monthly wage, even if the collective agreement stipulates payment of a total amount at a later date.
If an employee is hired out to Austria only for one day at a time, special payments are also due on a pro-rata basis for those days.
The employee is entitled to, and administrative authorities in Austria verify compliance with, the gross wage. This gross wage or salary must be paid, otherwise a case of underpayment (i.e. below the minimum wage) punishable under law exists.