Posted Worker Litigation
Posted worker litigation addresses sanctions and enforcement actions under Austria’s wage and social dumping laws (LSD-BG), including penalties for underpayment, documentation violations, and non-compliance with Austrian labour standards. We represent employers in proceedings before administrative courts and the Administrative High Court, defending against sanctions or appealing decisions when authorities impose fines for posting violations.
Who this is for
- Employers defending against sanctions for wage dumping or posting violations
- Companies facing immigration police enforcement actions for posted worker non-compliance
- Service providers appealing fines for documentation failures or labour standard violations
- Businesses managing multi-jurisdictional posting compliance and litigation risk
- HR and legal teams requiring specialist support in posted worker dispute resolution
What litigation support includes
LSD-BG Sanctions Defense:
We defend employers against wage and social dumping sanctions, challenging penalties for underpayment, collective agreement violations, and documentation failures under the LSD-BG.
Administrative Court Representation:
We represent clients before administrative courts (Bundesverwaltungsgericht, Landesverwaltungsgerichte) and the Administrative High Court (Verwaltungsgerichtshof) in posting enforcement proceedings.
Immigration Police Defense:
We defend against immigration police (Finanzpolizei) enforcement actions, challenging inspections, sanctions, and compliance orders related to posted workers.
Labour Law Violations:
We handle proceedings under AuslBG (Aliens Employment Act), AÜG (labour leasing), AZG (Working Time Act), ARG (Rest Period Act), and other Austrian labour laws affecting posted workers.
EU Law Challenges:
We raise EU law defenses where Austrian sanctions violate freedom to provide services, including challenges based on European Court of Justice precedent.
Case Assessment and Strategy:
We evaluate sanction decisions, assess legal grounds for appeals, and develop litigation strategy balancing legal prospects with business continuity and reputational considerations.
Evidence Preparation:
We compile documentation including employment contracts, payslips, collective agreements, posting notifications, and legal arguments demonstrating compliance or procedural violations by authorities.
Our posted worker litigation expertise
- LSD-BG specialists – Deep expertise in Austrian wage dumping and posting law
- European Court of Justice experience – Successfully litigated landmark cases Danieli (C-18/17) and Maksimovic (C-64/18), resulting in changes to Austrian law
- Volume capacity – Successfully processed 80,000+ postings with zero sanctions in managed cases
- Administrative court experience – Proven track record before Austrian courts and Administrative High Court
- Transparent pricing – Clear fee structures for posting compliance disputes
Ready to defend against posting sanctions?
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