Roadmap to Austria Lauder Business School

Seeking employment in Austria

EU-/EEA- and Swiss citizens seeking employment in Austria

Pursuant to Austria´s membership in the European Union, EU/EEA-citizens, Swiss citizens and their family members (spouses, children, stepchildren and adopted children) are entitled to live and work in Austria without working permits in accordance with the principle of “free movement of labour”.

EU-citizens from Bulgaria and Romania have free access to the Austrian Labour market as of January 1, 2014 and don´t require a work permit.

Special transitional stipulations: Croatia

Transition periods apply to Croatian citizens, when seeking employment on the Austrian labour market and

  • have not found a job yet or
  • have found a job, but employers must apply for an employment permit (Beschäftigungsbewilligung) at the AMS. Exceptions can be made if the person is eligible for a freedom of movement confirmation (Freizugügkeitsbestätigung – http://www.ams.at/service-unternehmen/auslaenderinnen/zugangsberechtigungen/freizuegigkeitsbestaetigung). (http://www.ams.at/_docs/eurespubl_en.pdf, page 20)

Specific labour market access regulations are valid for Croatians as well as for Croatian seasonal workers with key qualifications. Still you need to apply for a registration confirmation (Anmeldebescheinigung). (http://www.ams.at/_docs/eurespubl_en.pdf, page 20)

Working hours and vacation entitlements

According to law, full-time employment is:

  • A working day of 8 hours (within 24 hours)
  • A weekly working time of 40 hours (Monday thru Sunday)

If the daily working time exceeds six hours of work, it must be interrupted by a half hour break. The break is unpaid and does not count as working hours.

Employees are granted a vacation entitlement (Urlaubsanspruch) of at least 5 weeks (25 – 30 days) per year. In addition to the monthly salary, employees are receiving a vacation bonus and a Christmas bonus which makes 14 salaries in total. However, the payment of the bonuses is not fixed by law for every industry.

Termination of employment

For salaried employees: one month (at the end of the month) or as regulated by the respective collective bargaining agreement

For waged employees: 2 weeks or as regulated by the respective collective bargaining agreement (http://www.ams.at/_docs/eurespubl_en.pdf, page 24)
Registration with the appropriate social security institution is mandatory. Normally, the employers are responsible for registering their employees at the institution.
In Austria, employees and students who exceed the low-income limit of € 438,05 per month (in 2018) have to either pay the insurance themselves or are insured by the employer.
Employees and students who stay below the low-income limit of € 438,05 are only covered in parts by the social security system (only accident insurance). (http://www.ams.at/_docs/eurespubl_en.pdf, page 35)

Unemployment benefits from the EU-/EEA- and Swiss citizens

After consultation with the public employment service of your home country, you may receive benefits over a certain period of time while already seeking employment in Austria. It is essential to inform the employment office in your home country prior to your departure to Austria. (http://www.ams.at/_docs/eurespubl_en.pdf, page 38). For more information on this topic, please inform yourself at the public employment office in your home country.

Short-time employment:

The employment contract can either be limited to a month or be unlimited.

What does short-time employment mean?
You will not earn more than €438,05 a month for the year 2018.
The rights you have as a short-time employee:

  • 5-6 weeks vacation time per year
  • continuation of salary payments while on sick leave
  • settlement on dismissal
  • 13.+14. salary

Short-time employment and social security:
Every short-time employee must be registered at the relevant social security, though the employer covers only accident insurance.

If the short-time employee earns more than €438,05, the employer is obliged to pay the whole insurance (incl. health, accident, pension, unemployment).
Short-time employees are not entitled to receive unemployment benefits.
Starting January 1, 1998, the income of more short-time occupations is being added up. If you earn more than €438,05, you will be registered at the social security and will have to pay insurance. This may lead to additional payments for the insurer.

 

http://www.arbeiterkammer.at/beratung/arbeitundrecht/Arbeitszeit/SonderformenderArbeitszeit/Geringfuegige_Beschaeftigung.html , Stand: February, 2017

Permanent Settlement in Austria

Vergleich RWR-Blue-card

Last update: January 2018

All information is supplied without liability and is subject to change. Lauder Business School does not resume any legal responsibility.