1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?
  2. Are there any sector-specific rules?
  3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?
  4. Are there any government reporting requirements?
  5. Are there any penalties and enforcement mechanisms?
  6. Potential criminal, civil or administrative penalties for violations?
  7. Risks for directors or executives?
  8. Upcoming laws, regulations, etc?

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Austria
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1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?

  • Austrian Federal Constitution Act (Bundes-Verfassungsgesetz, B-VG), along with the directly applicable European Convention on Human Rights (Europäische Menschenrechtskonvention, EMRK) and the Constitutional Act on the Rights of Children (BVG über die Rechte von Kindern).
  • Criminal Code (Strafgesetzbuch, StGB), particularly section 104 (slavery), section 104a (human trafficking) and provisions regarding withholding employee social security contributions (sections153c et seq.).
  • Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz, AuslBG)
  • Labour laws ensuring good working conditions, including: Federal Act on Security and Health at Work (ArbeitnehmerInnenschutzgesetz, ASchG), Act on Equal Treatment (Gleichbehandlungsgesetz, GlbG) and Working Time Act (Arbeitszeitgesetz, AZG).
  • Minimum wages are regulated sector-by-sector through collective agreements (Kollektivverträge).
  • The Wage and Social Dumping Prevention Act (Lohn- und Sozialdumping-Bekämpfungsgesetz) prohibits underpayment.

2. Are there any sector-specific rules?

There are no sector-specific human rights regulations in Austria. However, minimum wages are determined individually for each sector through collective agreements.

3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?

Currently, there are no mandatory obligations in these areas.

4. Are there any government reporting requirements?

None at present.

5. Are there any penalties and enforcement mechanisms?

None at present.

6. Potential criminal, civil or administrative penalties for violations?

Violations related to forced labour, human rights and employment law can lead to criminal, civil, or administrative penalties, depending on the nature and severity of the offense.

  • Underpayment: Employers may face administrative fines of up to €400,000 under the Wage and Social Dumping Prevention Act.
  • Unlawful employment of foreign nationals: Employers may be fined up to €40,000 per individual in cases of repeated violations under the Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz, AuslBG).
  • Failure to register employees with social insurance: This constitutes an administrative offense. Fines range from €730 to €2,180, increasing to €5,000 for repeat offenses under the General Social Insurance Act (Allgemeines Sozialversicherungsgesetz, ASVG).
  • Violations of criminal offenses may result in fines or prison sentences, depending on the specific crime and its gravity. The statutory penalties are as follows:
    • Ten to twenty years’ imprisonment for anyone who engages in slave trade or otherwise deprives another person of their personal liberty through slavery or a slavery-like condition (Section 104 of the Criminal Code).
    • Six months to ten years’ imprisonment for individuals found guilty of human trafficking, forced labour, or exploitation of labour (Section 104a of the Criminal Code).
    • Fines or imprisonment of up to one year for employers who withhold an employee’s social security contributions from the entitled insurance institution (Section 153c of the Criminal Code).

In cases of organized undeclared work, the statutory penalty is imprisonment of up to two years (Section 153e of the Criminal Code).

7. Risks for directors or executives?

  • Directors and executives may be personally liable for administrative fines under Section 9 of the Administrative Penal Act 1991 (Verwaltungsstrafgesetz 1991, VStG).
  • They may also face criminal prosecution and imprisonment for violations of the Criminal Code. Additionally, legal entities can be held criminally liable for offenses committed by their executives or employees under the Corporate Criminal Liability Act (Verbandsverantwortlichkeitsgesetz, VbVG).

8. Upcoming laws, regulations, etc?

A ministerial draft of the Sustainability Reporting Act (Nachhaltigkeitsberichterstattungsgesetz, NaBEeG) has been proposed to implement Directive (EU) 2022/2464 on corporate sustainability reporting. However, its adoption into national law is still pending.