A prerequisite of cross-border posting or temporary agency work is that the posted or hired-out employee performs work in Austria.
The specific employee rights and employer obligations that are attached to posting and temporary agency work do not apply where a worker assigned to another country does not perform any work.
If a worker whose place of employment is not in Austria travels to Austria to participate in training, the details of the case will determine whether the individual’s participation in training is to be seen as performing work and thus as posting or temporary agency work.
Features indicating that no work is performed include:
- The deployment of the worker and any goods or services arising as a result of the training are not relevant for the production process or the revenue of the business at which training is held.
- The business cannot derive any economic benefit from the worker’s activity. The objective of the worker’s activity is instead to advance that person’s knowledge or skills.
- The worker’s performance is merely a by-product of the central activity of undergoing training.
Features indicating, on the other hand, that work is performed include:
- The worker’s activity results in economic benefit for the business at which the activity takes place, or
- the worker is involved in the training business for a longer period than is necessary for acquiring knowledge and skills.