What are the payroll obligations for an Austrian employer?
Austrian employers must register every new employee with the ÖGK (health insurance) before their first working day. Total employer costs are approximately 40% above gross salary (ASVG ~21%, DB 3.9%, DZ ~0.4%, Kommunalsteuer 3%). 13th and 14th month Sonderzahlungen are mandatory under most Kollektivverträge.
Detailed Explanation
Austria has a comprehensive and well-enforced employer compliance system. Key obligations begin before the employee's first day and continue throughout employment and beyond.\n\nPre-employment: ÖGK registration (Anmeldung)\nThe most critical and most-breached obligation: every employee must be registered with the Österreichische Gesundheitskasse (ÖGK) BEFORE they begin work. The registration (Anmeldung) can be submitted online via ELDA (the ÖGK electronic reporting portal) or via a Lohnverrechnung bureau. Late or post-hoc registration is a §111 ASVG offence — criminal, not merely an administrative penalty. Inspectors from the Finanzpolizei conduct unannounced workplace checks and verify that all workers present are duly registered.\n\nEmployer social contributions (ASVG)\nFor each employee, the employer pays approximately 21% of gross salary in ASVG contributions:\n- Krankenversicherung (health): ~3.78%\n- Pensionsversicherung (pension): ~12.55%\n- Unfallversicherung (accident): ~1.2%\n- Arbeitslosenversicherung (unemployment): ~3%\n- Insolvenz-Entgeltsicherungsfonds (insolvency fund): ~0.1%\n\nEmployees pay a corresponding ~18% employee share deducted from gross salary.\n\nDB, DZ, and Kommunalsteuer\n- Dienstgeberbeitrag (DB)
3.9% of gross, paid to FLAF (family allowance fund)\n- **Dienstgeberzuschlag (DZ)**: approximately 0.36–0.44% depending on state, paid to the insolvency protection fund\n- **Kommunalsteuer**: 3% of gross payroll, paid to the municipality where the workplace is located\n\nAll three are reported on the monthly Lohnsteueranmeldung (L1) via FinanzOnline and paid by the 15th of the following month.\n\n**Lohnsteuer (wage tax)**\nEmployers withhold Lohnsteuer from employee gross salary and remit it to the Finanzamt monthly. The applicable rate depends on each employee's annual income, declared on their Arbeitnehmerveranlagungsformular (tax card equivalent). The 13th and 14th month Sonderzahlungen are taxed at a preferential flat 6% Lohnsteuer on the first €620 of each payment.\n\n**Sonderzahlungen: the 13th and 14th month**\nUnder most Austrian Kollektivverträge (collective agreements), employees receive:\n- **Weihnachtsremuneration** (Christmas bonus, 13th month): typically paid in November/December\n- **Urlaubszuschuss** (holiday bonus, 14th month): typically paid before summer holidays\nThese are legally required where a Kollektivvertrag applies (which covers most commercial sectors). Amounts are typically one month's gross salary each. Both are taxed at the preferential 6% Lohnsteuer rate on the first €620, making them tax-efficient for employees.\n\n**Annual leave entitlement**\nAustrian employees are legally entitled to 5 weeks (25 working days) annual leave, increasing to 6 weeks after 25 years of service. Leave entitlement accrues immediately and cannot be replaced by cash payment (except on termination). Unused leave carries forward indefinitely.\n\n**Notice periods and dismissal**\nFor non-manual workers (Angestellte), notice periods are governed by the AngG (Angestelltengesetz): minimum 6 weeks (0–2 years), increasing to 5 months at 25 years service. For manual workers (Arbeiter), notice periods are set by Kollektivvertrag. Wrongful dismissal can trigger Abfertigung (severance entitlement) under the ABGB/AngG or contributions to the Mitarbeitervorsorgekasse (MV-Kasse, the Austrian portable pension system for employees starting after 2003).\n\n**MV-Kasse (Mitarbeitervorsorgekasse)**\nFor employees commencing work after 31 December 2002, employers must contribute 1.53% of gross salary to an approved MV-Kasse (occupational pension/severance fund). This is in addition to the ASVG contributions and effectively reduces the pain of statutory severance for employers (since the fund builds the entitlement rather than a lump sum liability).\n\n**GPLA Audit**\nJoint audits (Gemeinsame Prüfung aller lohnabhängigen Abgaben, GPLA) by ÖGK and Finanzamt cover payroll compliance for up to 5 years. They verify: registration of all workers, correct Lohnsteuer deductions, correct ASVG contributions, and correct DB/DZ/Kommunalsteuer. Results in backdated contributions plus interest.
Source: https://www.wko.at/arbeitsrecht/lohnnebenkosten-oesterreich
Real-World Examples
Hiring a first employee
A Vienna GmbH hires its first employee at €3,000 gross/month. Employer costs: ASVG ~€630 + DB €117 + DZ €12 + Kommunalsteuer €90 = additional €849/month = total €3,849/month. Plus 1.53% MV-Kasse = €46/month. Total employer cost: ~€3,895/month for a €3,000 gross employee. Annual 13th/14th month cost: 2 × €3,000 × (1 + 0.283) = additional ~€7,700/year.
GPLA audit scenario
An Austrian company engaged a contractor for 18 months under a Werkvertrag. The GPLA audit reclassifies the relationship as employment. Back ASVG contributions (employer + employee share) are assessed for the full 18 months, plus 3.9% DB and 3% Kommunalsteuer. Total assessment: approximately €45,000 in back contributions plus €4,500 in late interest and penalties.
Common Mistakes to Avoid
- Registering employees with ÖGK after rather than before the first working day — this is the most common payroll compliance breach and triggers automatic fines
- Forgetting the MV-Kasse 1.53% contribution for employees starting after 2002 — this is separate from ASVG and not automatically calculated in basic payroll tools
- Not applying the Kollektivvertrag (collective agreement) correctly — most Austrian industries have mandatory minimum wages and conditions set by KV; check the WKO KV database
- Missing the year-end Lohnzettel (L16) submission to Finanzamt by 28 February — affects all employees' personal tax assessments
Frequently Asked Questions
When must I register a new employee with Austrian social insurance?
Before they start work — the ÖGK Anmeldung must be submitted before the first working day. Late registration is a criminal offence under §111 ASVG. Use the ELDA online system for registration, which can be done in under 5 minutes.
Are 13th and 14th month payments mandatory in Austria?
Yes in most industries. Austrian Kollektivverträge (collective agreements) typically require both a Weihnachtsremuneration (Christmas bonus) and Urlaubszuschuss (holiday bonus) of one month's salary each. These are taxed at a preferential 6% Lohnsteuer rate for the employee.
What is Austrian Kommunalsteuer?
A 3% municipal payroll tax on gross salaries, paid to the municipality where the workplace is located. It applies to all employees and is fully deductible as a business expense for KSt purposes. It is reported and paid with the monthly Lohnsteueranmeldung.
How many weeks of annual leave do Austrian employees get?
5 weeks (25 working days) per year by law, increasing to 6 weeks after 25 years of service. Leave cannot be replaced with cash payment during employment — only on termination.
What is the MV-Kasse and does it apply to all employees?
The Mitarbeitervorsorgekasse (MV-Kasse) requires employers to contribute 1.53% of gross salary to a portable occupational fund for all employees hired after 31 December 2002. The fund provides either a portable pension or severance benefit.
Practical Tips
- Use a licensed Austrian Lohnverrechnungssoftware (BMD, DATEV Austria, or a Steuerberater's bureau service) — Austrian payroll is complex enough (multiple Kollektivverträge, three-tier social insurance, Sonderzahlungen, MV-Kasse) that manual calculation is high-risk
- Register for ELDA (the ÖGK electronic portal) before making any hires — pre-registration means you can Anmelden a new employee within minutes of deciding to proceed
- Check which Kollektivvertrag covers your industry before setting salary levels — the KV minimum wage must be met, and the KV also sets notice periods, Sonderzahlung rules, and other conditions
- Set up a monthly payroll calendar reminder for the 15th — missing the simultaneous Lohnsteueranmeldung (FinanzOnline) and ASVG Beitragsnachricht (ELDA) deadline triggers the 2% Säumniszuschlag on both
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