User undertaking

The user undertaking is the undertaking to which workers are hired out, i.e. the undertaking using hired-out workers. In other words the user undertaking is the third party for whom work is performed as part of temporary agency work.

The hired-out worker is deployed by the user undertaking to perform tasks at the user undertaking’s business and in many cases is integrated in that business. Yet, temporary agency work can exist even where workers are not integrated in the business.
For the period hired out, the worker is in many cases under the supervision of the user undertaking in work-related matters.
The temporary work agency remains the employer of the worker for the period that worker is hired out. Yet in practice the user undertaking exercises a role similar in part to that of an employer, so that Austrian labour law correspondingly transfers certain employer obligations to user undertakings, such as those arising from occupational health and safety requirements.

Depending on the situation in the particular case, the specific obligations below apply to user undertakings in the context of cross-border temporary agency work:
1) Undertaking B using hired-out workers, established in a country belonging to the EU or EEA or in Switzerland, hires out its temporary agency workers in turn to user undertaking A in Austria.

• User undertaking B is required to:
  • Report the temporary agency work to the Central Co-Ordinating Agency (ZKO) in the Federal Ministry of Finance
  • Ensure availability at the place of work in Austria of documents such as the A1 social security document, a copy of the report, pay documents in German and any work permit issued by the posting country
     
• User undertaking A is required to:
  • Apply with the Public Employment Service (AMS) for an employment permit for hired-out workers who are third-country or Croatian nationals
  • Also ensure availability at the place of work in Austria of documents such as the A1 social security document, a copy of the report, pay documents in German and any work permit issued by the posting country

2) Undertaking C, using hired-out workers and established in a third country, hires out its temporary agency workers in turn to user undertaking A in Austria.
In this case user undertaking A requires a special temporary work permit, which is issued only under certain conditions, as well as an employment permit. Details are available under the menu item ‘Formal requirements’/‘Work permit’

3) User undertaking A, established in Austria, directly deploys workers hired out to A from another country.
Where the temporary work agency is established in a country belonging to the EU or the EEA or in Switzerland, user undertaking A is required to:

• Apply with the Public Employment Service (AMS) for an employment permit for hired-out workers who are third-country or Croatian nationals
• Ensure availability at the place of employment in Austria of documents such as the A1 social security document, a copy of the report, pay documents in German and any work permit issued by the posting country; the temporary work agency must provide these documents to user undertaking A

Where the temporary work agency is established in a third country, user undertaking A is required to:

• Acquire a special temporary work permit, which is issued only under certain conditions, as well as an employment permit

Details are available under the menu item ‘Formal requirements’/‘Work permit’.