- New Document Retention Requirements; General Enforcement Increased
- April 19, 2016
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
- Immigration authorities have implemented a new requirement for employers of foreign nationals to store diplomas and resumes at the Austrian worksite and are increasingly enforcing document retention requirements and implementing fines for noncomplying companies.
Employers must now maintain resumes and diplomas for all foreign workers, especially for employees from Bulgaria, Croatia, Hungary, Italy, Poland, Portugal, Romania, Slovakia and Slovenia. Authorities have requested such documents in recent audits.
General Record-Keeping Requirements
In addition to resumes and diplomas, as a reminder, employers must also maintain the following documents at the worksite:
- KIAB declaration (a document filed with the Law Enforcement Unit to Combat Illicit Work and with the Austrian Tax Authority);
- Signed assignment agreement;
- Signed Information Sheet for employees hired by staffing or hiring agencies;
- A1 certificate issued by the social and health insurance authority in the employee's home country;
- Each pay slip from each foreign worker’s home employer during the entire assignment period;
- Proof that the stated salary has effectively been paid to and received by the employee; and
- Time sheets for each day of the foreign worker’s assignment in Austria.
What This Means for Employers
Employers should be prepared to produce all the documents listed above in a short timeframe in case of an audit, and should work with their immigration professional to ensure the documents are ready for production.