Temporary Employment Act
| Basic data | |
|---|---|
| Title: | Temporary Employment Act |
| Long title: | Federal law of March 23, 1988, which regulates the provision of workers (Temporary Employment Act - AÜG) as well as the Labor Market Promotion Act, the Labor Constitution Act, the General Social Insurance Act and the 1973 Trade Regulations |
| Abbreviation: | AÜG |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Employment Law |
| Date of law: | March 23, 1988 |
| Effective date: | July 1, 1988 |
| Last change: | Federal Law Gazette I No. 21/2019 |
| Legal text: | Temporary Employment Act |
| Please note the note on the applicable legal version ! | |
The Austrian Temporary Employment Act (AÜG) of March 23, 1988 regulates the commercial leasing of employees . Originally it served exclusively the social protection of the hired-out workers and was intended in particular to protect them from exploitation . In the meantime, the legislature is also pursuing labor market policy purposes with the AÜG .
The aim of the AÜG thus corresponds to the German Temporary Employment Act .
Basics
Temporary employment is a regulated trade .
Definitions
- § 3. (1) The provision of workers is the provision of workers for work to third parties.
- (2) The subcontractor is whoever contractually obliges workers to perform work on third parties.
- (3) Employer is someone who uses the workers of a subcontractor to perform work for in-house tasks.
Protection provisions for employees
- § 2 (3) The employment of leased workers must not result in any impairment of wage and labor regulations or endanger the workplace for the employees in the employing company.
Neighborhood help
According to the trade regulations (GewO) § 135 (2) -1, neighborhood help is possible up to 6 man-months / year.
Please note:
- The companies must have an identical trade license.
- The helping company must inform the responsible trade authority by the end of the month following the initial release (Section 17 (1) AÜG).
- The release can be prohibited by the authorities (§18 AÜG). In this case, the contracts between the employee and the subcontractor are retained ! The employee retains the right to unilateral termination of the contract for up to 3 months, which is the fault of the agency.
