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Facilitation of transit transport through Austria

29 January 2017

Information for forwarding agents – Facilitation of transit transport through Austria

An Austrian law for wages and social dumping control (LSDB-G) was revised comprehensively in June 2016 and became effective on the 1st of January 2017. All issues occurred after the 31st of December 2016 are subject to the revised law. 

Scope of application

From now on, the provisions of the LSDB-G include all issues of cargo transportation into Austria (bilateral transports) and inside Austria (cabotage). However, transit transports through Austria are excluded. It is stated in the law as follows: 

§ 1 (5) This federal law does not apply, when an employee is sent to Austria exclusively for following activities with a small extent and a short duration: […] 

7. The activity as mobile employee or as crew member (§ 4 of ship’s crew provision, BGBl. II Nr. 518/2004) in cross-border freight and passenger transport, as long as the performance is rendered exclusively in line with the transit transport as well as the habitual residence is not in Austria. 

Reporting obligations

In § 19 (1) it is stated: Employer and abandoner with residence in a EU member country, in a European Economic Area country or in the Swiss Confederation are obliged to report the engagement of employees posted to Austria and employees abandoned to Austria. Reporting has to be done for each posting or abandonment separately. Subsequent changes of details regarding the 3rd or 4th paragraph have to be reported immediately. According to the 2nd and 3rd paragraph, an employed person, who is sending an employee to Austria for a job performance, is considered as employer. 

Mobile employee

Reporting for a mobile employee in the transport sector (freight and passenger transport via rail, road, air or water) has to be done before the actual entry to Austria. The reporting documents have to be kept solely in the vehicle (= place of employment). 

In the case of spontaneous cabotage reporting has to be done before the start of the job performance. However, the reporting documents have to be kept in the vehicle. 

Note: For transit transport (any form of transit or without cabotage) reporting is not required.

For further details, please don’t hesitate to contact us