Unlawful employment of third-country nationals in Austria - Prisca Ebner

Unlawful employment of third-country nationals in Austria Prisca Ebner The opinions expressed in the report are those of the author and do not necessarily reflect the views of the Austrian Federal Ministry of the Interior, the European Commission and/or the International Organization for Migration (IOM). [...] The Chamber of Labour also highlights the complexity of company constructs and cross-border interconnections in the case of posted workers in the construction industry, which is accompanied by corresponding challenges in the assertion of employees’ rights (see 4.4).33 2.2 Trends and origins of unlawful employees One key development during the period under review (2017 to mid-2023) is the reversal. [...] While the number of unfilled vacancies in the first quarter of 2023 exceeded the figures for the last 10 years (Statistics Austria, 2023), the unemployment rate fell to 6.3 per cent in 2022, lower than the levels registered in the years preceding the outbreak of the COVID-19 pandemic (Angel et al., 2023). [...] The daily rate is determined according to the personal circumstances and the economic capacity of the sentenced person at the time of the judgment in the first instance, with a minimum of EUR 4 and a maximum of EUR 5,000 (see Art. [...] The Chamber of Labour cited a legislative amendment in 2021 that abolished the accumulation principle that had hitherto applied in the Act to Combat Wage and Social Dumping.96 The background to this was a ruling by the Court of Justice of the European Union (CJEU) in 2019, according to which some of the penalties issued by the Austrian government were deemed disproportionate and contrary to Europe.