Important Updates
Important Updates
May 14, 2026 | United KingdomUnited Kingdom: Children Can Now Use Passport E-Gates
May 15, 2026 | AustraliaAustralia: Federal Budget for 2026-27 Released
May 15, 2026 | ChileChile: Expedited Business Visa Implemented for Indian Nationals
May 15, 2026Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership
May 15, 2026 | RomaniaRomania: New Unified Work Permit System and Online System Implemented
May 14, 2026 | United KingdomUnited Kingdom: Children Can Now Use Passport E-Gates
May 15, 2026 | AustraliaAustralia: Federal Budget for 2026-27 Released
May 15, 2026 | ChileChile: Expedited Business Visa Implemented for Indian Nationals
May 15, 2026Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership
May 15, 2026 | RomaniaRomania: New Unified Work Permit System and Online System Implemented
May 14, 2026 | United KingdomUnited Kingdom: Children Can Now Use Passport E-Gates
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Austria: Posted Worker Notification Rules Relaxed

October 4, 2021

insight-news-default

Country / Territory

  • AustriaAustria

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

Rules for posted worker notifications in Austria have been amended, with key changes including:

  • A new requirement for a service contract between an employer based in the European Union/European Economic Area/Switzerland and an Austrian company for posted worker rules to apply for direct client assignments;
  • The addition of new exemptions from posted worker rules, including for employees who earn at least EUR 6,660 gross monthly; and
  • More transparent sanctions for employers violating posted worker rules.

The situation

Austria has amended the rules for posted worker notifications and document maintenance to make it easier for workers temporarily working in Austria for an employer based in the European Union/European Economic Area(EEA)/Switzerland to start work.

A closer look

Change Previous rule Impact

New definition for posted workers for direct client assignments. A service contract between an employer based in the European Union/EEA/Switzerland and an Austrian company is now a pre-requisite for posted worker rules to apply. 

A service contract was not required, so a wider pool of employees were subject to posted worker rules in Austria.

Meetings or tasks to be performed without a service contract do not fall under posted worker rules and therefore do not trigger posted worker notification and document maintenance requirements, unless another type of posting applies (i.e. intra-company postings or postings of employees employed by a third party).

New exemptions from posted worker rules. The following employees were added to the list of those exempt from posted worker rules in Austria:

  • Employees who earn at least EUR 6,660 gross monthly (to be increased in 2022);
  • Intra-company transferees performing delivery and commissioning, maintenance, and service work (intra-group activities only);
  • Intra-company transferees performing repairs of plants, machines, or computer systems (intra-group activities only); and
  • Employees of certain vendors or lessors of those supplying/collecting goods.

These categories of workers were subject to posted worker notification and document maintenance rules.

A wider pool of posted workers can work with fewer administrative burdens in Austria.

Despite the new exemptions, third country nationals may be subject to work visa and residence permit requirements.

Stays for less than one week. Posted workers staying in Austria for less than one week only need to file one posted worker notification (even for more than one service contract) if the employee remains in Austria for a maximum of one week.

 

 

Multiple engagements could be filed in each notification, even if the engagements lasted more than one week.

Shorter-term posted workers face fewer administrative hurdles, even if they are involved in multiple service contracts.

Social insurance proof. In case the employer cannot obtain an A1-Certificate before the posted worker’s start date, they can now prove social security registration through an alternative document in German or English.

Employers who could not obtain the A-1 Certificate before the posted worker’s start date needed to obtain a coverage certificate from the social insurance provider. 

Employers of posted workers now have more avenues to prove social security registration.

Language for remuneration-related documents. Documents on the posted worker’s remunerated can now be in German or English.

These documents had to be in German.

Fewer administrative hurdles for employers of posted workers.

Reduced penalties. Penalties for underpayment are now assessed based on the underpayment amount, minimum penalties were removed and maximum penalties were introduced. 

Penalties could previously be accumulated with no maximum, potentially causing exorbitant penalties. 

This update addresses long-standing jurisprudence which barred unrestricted accumulation of fines for cross-border intra-EU secondments.

Affected companies should benefit from more transparent sanctions for posted worker violations.

 

Background

  • Posted worker definition. According to the Posted Worker Directive, posted workers are individuals employed with a company in the EU/EEA/Switzerland sent to work temporarily on an assignment to Austria where either (i) the sending entity has a service contract with the Austrian receiving entity; (ii) the sending and the receiving entity are part of the same group of companies (intra-company posting); or (iii) the posting is carried out by a third party.
  • Reason for relaxed rules. These relaxed rules followed from the European Commission calling for better protection of worker rights and streamlined notification options for employers.
  • Immigration requirements still apply. Individuals exempt from posted worker requirements may still be required to obtain a work visa and/or residence permit depending on their nationality and purpose of stay. Employees posted from a country outside the EU/EEA/Switzerland still require work permits and a work visa. 

 

Looking ahead

As Austria’s posted worker notification rules continue to be complex, further changes may be required to address the European Commission’s enforcement action. This will depend on whether the Commission continues or drops their enforcement against Austria in the next enforcement update.

Fragomen will report on related developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]. 

Country / Territory

  • AustriaAustria

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

Learn more

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

Learn more

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.