Under section 3, all employees working in a regular work place in Austria are entitled to wages as defined in the law in, regulations or in collective agreements.
(1) Employees with their habitual place of work in Austria shall be mandatorily entitled to the remuneration determined by law, ordinance or collective agreement.
(2) Employees with their habitual place of work in Austria whose employer is not established in Austria and is not a member of a corporate body entitled to enter into collective agreements in Austria shall be mandatorily entitled to the same remuneration determined by law, ordinance or collective agreement to which comparable workers employed by comparable employers are entitled at the place of work.
(3) Workers posted to Austria by an employer established in an EU Member State or EEA State or a third country in order to perform work shall, without prejudice to the law governing the employment relationship, be mandatorily entitled to at least the remuneration determined by law, ordinance or collective agreement (except for contributions pursuant to Section 6 of the Corporate Staff and Self-Employment Provision Act (Betriebliches Mitarbeiter- und Selbständigenvor sorgegesetz, BMSVG),
Federal Law Gazette I no. 100/2002 or comparable Austrian legislation, and contributions or premiums pursuant to the Company Pension Act (Betrieb spensionsgesetz, BPG), Federal Law Gazette no. 282/1990) to which comparable workers employed by comparable employers are entitled at the place of work.
(6) For posted workers involved in construction work for the purpose of erection, restoration, maintenance, conversion or demolition of buildings, in particular in excavation, earthwork, construction work in the narrow sense, erection and disassembly of pre-fabricated elements, fittings or equipment, conversion, renovation, repair, dismantling work, demolition work, servicing, maintenance (painting and cleaning work) or refurbishment as well as in repairs and installations at plant facilities, Paras. 3 and 4 shall, in any case, apply as of the first day of employment in Austria.
Law / Federal Law Gazette I Nr. 44/2016 /Austria / Anti Wage and Social Dumping Act
The Anti Wage and Social Dumping Act regulates the monitoring of minimum wages paid to employees in Austria. And introduces the obligations to notify and provide specific documentation for cross border postings and hiring out labour. Under this Act, employers are fined for breach of their obligations to pay employees a minimum wage, including in cross-border employment relations. Furthermore, it includes specific liability rules for the construction sector, which extent liability for the payment of minimum wages by subcontractors to the principal contractor. The Act entered into force on the 1st of January 2017.