European Employment Law Cases

Case Reports

2017/19 Sureties for alleged breaches of the Austrian Anti-Wage and Social Dumping Law (AT)

Keywords Minimum wage/social dumping, Posted Workers Directive
Authors Hans Georg Laimer en Lukas Wieser
Author's information

307705 Hans Georg Laimer

307708 Lukas Wieser
Hans Georg Laimer and Lukas Wieser are respectively a partner and an attorney at Law at zeiler.partners Rechtsanwaelte GmbH in Vienna.
  • Abstract

      A surety can be imposed on an Austrian contractor retaining the services of a foreign company, if the foreign company is accused of breaching the Austrian Anti-Wage and Social Dumping Law and if the enforcement of a penalty outside Austria would be extremely difficult or impossible. Any risk assessment of this should based on not only what law is in place but whether it is routinely being applied. The Austrian Supreme Administrative Court (Verwaltungsgerichtshof) ruled that a surety should be imposed on a domestic contractor in relation to violations by a Hungarian suspect, even though law enforcement regulations are in place between Austria and Hungary (but just not applied in practice).

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