(goods and passenger transport)
Under § 21 para. 3 and § 22 para. 2 LSD-BG, the notification and wage documents must, as a rule, ALWAYS be available from the domestic employer for inspection at the workplace/deployment site (place of employment) or be available immediately in electronic form on-site at the time of inspection.
Notwithstanding this general rule, § 21 para. 2 LSD-BG provides the listed exceptions to the requirement to keep the documents available on-site.
Note: The information indicated here is BINDING and EXCLUSIVE – changes are not possible. The documents must be available at the location indicated from the person indicated. Non-compliance will lead to initiation of an administrative penal procedure.
Note: For subsequent employee notifications (ZKO4-N), the notification and wage documents must be kept available in accordance with the information indicated in the first notification.
Note: Under § 21 para. 1 LSD-BG, the following notification documents are required:
Ø Employee provision notification (ZKO4) and subsequent notification(s) ZKO4-N, change notifications
Ø Social security document A1/E101 or equivalent documents, such as a request for issue and confirmation by the applicable social security institution in the German language,
Ø In the case of third country citizens, if required, an official work permit in the country of domicile of the provider/employer for the employee being provided
Under § 22 Abs. 1 LSD-BG, in addition to the notification documents the following wage documents must, as a rule, ALWAYS be available from the domestic employer at the workplace/deployment location; the provider/employer must provide them to the domestic employer.
The following are wage documents:
Ø Employment contract or statement of terms and conditions (Dienstzettel)
Ø Pay slips
Ø Proof of wage payment or bank transfer slips
Ø Wage records
Ø Work records
Ø Documents concerning wage classification for checking the remuneration required under Austrian law for the seconded employee during the period of employment
All wage documents must be available in the German language, except for the employment contract, which may be presented in German or English.
Note: This does not apply to mobile employees (e.g. drivers in the transport industry transporting goods and/or passengers), who must have the notification documents available on location (in the vehicle)