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Name: Federal Act of 23 March 1988 governing the temporary contracting of labour resources (Labour Resources Temporary Contracting Act) and amending the Labour Market Promotion Act [BGBl. 31/1969], the General Social Security Act [LS 1955-Aus. 3...1961-Aus. 2], the Works' Councils Act [see LS 1973-Aus. 2] and the Ordinance governing the trades [BGBl. 50/1974], all as amended.
Country: Austria
Subject(s): Conditions of employment; Wages; Employment policy, promotion of employment and employment services; Social security (general standards)
Type of legislation: Law, Act
Adopted on: 1988-03-23
Entry into force:
Published on: Bundesgesetzblatt, 1988-04-21, No. 70, p. 1905-1913
ISN: AUT-1988-L-4982
Bibliography: Bundesgesetzblatt, 1988-04-21, No. 70, p. 1905-1913
Abstract/Citation: The Labour Resources Temporary Contracting Act is designed to protect workers who are engaged by one party but made available to perform work for a third party (ss. 1 to 3). Division I defines the Act's scope of application; Division II lays down general principles. The employer's responsibilities, especially regarding social security, are not affected by a contracting arrangement (s. 5). An agreement between the party engaging the worker and the contracted worker which seeks to evade legal obligations is prohibited (s. 8(2)). The contracting of workers to a firm in which there is a strike or a lock-out is also banned (s. 9). Division III of the Act lays down rules governing the protection of wages, minimum notice prior to dismissal, etc., and sets limits on the circumstances in which contracted workers may be used (not, for example, to reduce the number of regularly employed staff). The contracting of workers from abroad to Austria is permitted only when such engagement meets the criteria set forth in the Act (s. 16). The new Act contains administrative and penalty provisions as well. Conforming amendments are made to the Labour Market Promotion Act, the Works' Constitution Act and the General Social Security Act. New ss. 323a to 323d on labour contracting are added to the Ordinance governing the trades.
Amended text(s):

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