AUSTRIA WILL SHORTLY IMPLEMENT EU DIRECTIVE 2008/104/EC ON TEMPORARY AGENCY WORK TO ENSURE THAT TEMPORARY WORKERS RECEIVE EQUAL TREATMENT TO THAT GRANTED TO PERMANENT EMPLOYEES

- Impact date: To be confirmed.

Austria will shortly implement EU Directive 2008/104/EC on temporary agency work to ensure that temporary workers receive equal treatment to that granted to permanent employees. This will result in changes to the Act on the Lease of Personnel (Arbeitskräfteüberlassungsgesetz; AÜG) and other relevant Employment Laws.

Temporary workers will be entitled to equal treatment with regard to salary, working time and vacation entitlement as well as access to welfare facilities within the end-user's undertakings (e.g. in house day-care centre, staff canteen etc).

The end-user will also be obliged to inform temporary workers of available vacancies within the company.

Before hiring any temporary workers, the end-user will be obliged to provide certain information to the employment agency including details of the required qualifications, the minimum wage for the position under the applicable collective bargaining agreement, working hours and vacation entitlements.

In order to monitor compliance, all relevant data for temporary workers needs to be transmitted on a quarterly basis to the Federal Ministry of Labour and Social Affairs. Administrative penalties for non-compliance will be increased up to a maximum of EUR 10.000 (in the case of repeated violations).

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