EU posting confirmation

General information

Company posting by companies from the EEA

Notifying the Central Coordinating Agency (ZKO)

Under Section 19 of the Lohn- und Sozialdumping-Bekämpfungsgesetz (LSD-BG), companies with headquarters in an EEA Member State must notify the Central Coordinating Agency (ZKO) of the Federal Ministry of Finance (BMF) of the employment of any workers who are posted to Austria to perform temporary work.

The provisions of the LSD-BG ensure compliance with Austrian wage and working conditions, prevent wage and social dumping by foreign companies and implement Directive 96/71/EC on the posting of workers and Directive 2014/67/EU on enforcement thereof.

Forwarding to the Public Employment Service (AMS)

The Central Coordinating Agency forwards the notification to the Public Employment Service if the posted workers come from third countries (non-EU countries, with the exception of Switzerland).

Issuing an EU posting confirmation

The Public Employment Service (AMS) issues an EU posting confirmation if:

• the posted worker is properly employed in the sending country and carries out their main activity there; and
• Austrian wage and working conditions are respected and Austrian social security regulations are observed during the posting.

Posting by companies from third countries

Companies headquartered in a third country do not have to report the posting of workers to the ZKO. In this case, the Austrian employee must apply directly to the Public Employment Service for a posting permit or a work permit.

• A posting permit^{German text} is required for workers who are posted for up to four months; a work permit^{German text} is required for longer periods.
• In construction and related trades, a work permit is always required regardless of the duration of the posting.

Notification confirmation

There is no requirement for a permit for the cases listed below; however, the domestic company must notify the Public Employment Service of the posting at least 2 weeks before it begins for the following:

• training as part of a joint venture (a group of two independent companies) based on a training programme of up to six months;
• in-house training and professional development at a headquarters in Austria based on a specialist programme of up to 50 weeks;
• posting of management trainees by an international company to a branch in Austria belonging to the same corporate group for up to 24 months

Legal residence status of posted workers from third countries

As a worker from a third country who is posted for a period of more than 6 months, you also need the appropriate residence permit.

In that situation, the relevant residence permit is as a “company posted worker”^{German text}. This entitles you to temporary residence in Austria. It will be granted if you meet certain requirements (such as accommodation according to local standards, sufficient means of subsistence, health insurance cover) and you have a confirmation of guaranteed work^{German text} (“Sicherungsbescheinigung”) as a company posted worker.

As a worker from a third country who is posted for a period of less than 6 months, you will need a visa, which you can only apply for at the relevant Austrian representative authority (embassy or consulate) abroad.

Competent authority

• To issue the posting permit: the regional office of the Public Employment Service (AMS)^{German text} in the district where the employment is to take place.
• For the notification: the Central Coordinating Agency of the Federal Ministry of Finance^{German text} for monitoring illegal employment.
• To issue the EU posting confirmation: the regional office of the Public Employment Service (AMS)^{German text} in the district where the employment is to take place.

Required documents

Posting permit:

• proof of the duration of the work (project duration), e.g. the contract with the foreign sending company;
• confirmation from the sending company of the foreign worker’s affiliation with that company, their registration for social security and the remuneration to be paid for the duration of the project in Austria;
• certificates of professional qualifications, training and practice.

EU posting confirmation:

• ZKO – Notification of a posting to Austria – ZKO 3
  • if applicable, a copy of the employee’s residence permit in the headquarters State
  • if applicable, a copy of the employee’s work permit in the headquarters State
• certificate of the applicable legal provisions – E 101 or A1 document

If several workers are posted:

ZKO supplement – Supplement to ZKO 3 for additional posted workers – ZKO 3a

If a responsible officer is appointed:

ZKO supplement – Appointment of responsible representatives – ZKO 1

In order to avoid delays, the notification form has to be filled out in full and legibly and submit (copies of) the documents listed in the form. If the Public Employment Service needs additional information or documents for its assessment, it will make contact directly.

Costs and fees

Costs for the EU confirmation of posting

• For the application:
  • Application fee: 26 Euro
• For the issue:
  • Completion fee: 8 Euro

Cost for the posting permit

• For the application
  • Application fee: 20 Euro
• For the issue
  • Completion fee: 12 Euro

Further information

• Residence permit: “Company posted worker” (→ BMAW, BMI)^{German text}
• Posting of workers platform (→ BMAW)

Legal bases

Section 19 of the Lohn- und Sozialdumping-Bekämpfungsgesetz (LSD-BG)

Link to form

• Application for posting of workers in accordance with Section 18 of the Ausländerbeschäftigungsgesetz^{German text}
• Application for a work permit^{German text}
• Posting of workers – Certificate of the applicable legal provisions^{German text}
• ZKO – Appointment of responsible representatives in accordance with Sect. 28a(3) of the AuslBG – ZKO 1
• ZKO – Information regarding the appointment of responsible representatives – ZKO 1 Erl
  ZKO – Notification of a posting to Austria ZKO 3
• ZKO – Notification of change in accordance with Section 19(3) of the Abs 3 ZKO 3A