Staff - Austria

Updated 10/2010

• European Union
• Austriadeen
• Belgiumenfrnl
• Bulgariabgen
• Cypruselen
• Czech Republiccsen
• Denmarkdaen
• Estoniaenet
• Finlandenfi
• Franceenfr
• Germanydeen
• Greeceelen
• Hungaryenhu
• Irelanden
• Italyenit
• Latviaenlv
• Lithuaniaenlt
• Luxembourgenfr
• Maltaen
• Netherlandsennl
• Norwayenno
• Polandenpl
• Portugalenpt
• Romaniaenro
• Slovakiaensk
• Sloveniaensl
• Spainenes
• Swedenensv
• United Kingdomen

Legal requirements

The Austrian labour market is governed by the following laws:

• Labour market policy in Austria
• Legal foundations for labour law
• Austrian Civil Code
• Objectives for implementing labour market policy
• National programme of reform for growth and employment

A distinction is made under Austrian law between the following forms of employment with regard to taxation and social security:

• Employees
• Persons in marginal employment
• Freelancers
• Newly self-employed persons
• Service contract with a business licence

Employment of foreign nationals

Foreign workers can only take up employment in Austria under certain circumstances. The Foreign Labour Act (AuslBG) should be consulted in this respect. The Foreign Labour Act is the legal foundation for authorising the entry of foreign labour into the Austrian labour market.

Citizens from the old EU Member States, Switzerland and the EEA states (Iceland, Norway and Liechtenstein) are free to access the Austrian labour market and do not require authorisation from the Public Employment Service.

• Foreign Labour Act
• Forms of employment
• Legal foundations for labour law
• Equal Treatment Act

Temporary regulations apply to the citizens of other new EU Member States (Estonia, Latvia, Lithuania, Poland, Slovakia, Slovenia, the Czech Republic, Hungary, Romania and Bulgaria). These regulations apply for a maximum period of seven years.         

• Employing EU/EEA citizens

There are minimum social rules to follow, especially about non-discrimination, gender equality and health and safety.

• Staff welfare — Austria

Administrative procedures

Registering and deregistering employees

New employees must be registered with the relevant regional health fund. Persons registering employees for the first time are required to apply to this authority for an employee account number before they can register new employees. The same basic principle applies when deregistering employees.

• Employing staff
• Registration with the regional health fund    
• Registration of employees    

Authorisation for employment for foreign workers

For the duration of the interim period, citizens from the new EU Member States will continue to require authorisation for employment from the Public Employment Service (AMS).

• Authorisation for employment with Austrian employers

Resources

The Federal Ministry of Labour, Social Affairs and Consumer Protection (BMASK) service for job-seekers and employers provides information on the following subject areas:

• Labour exchange;
• Employing foreign nationals;
• Unemployment insurance;
• Further training;
• Employment agency;
• Short-time work;
• Insolvency remuneration assurance;
• Social welfare and service cheques.
• BMASK service
• Employing foreign nationals
• Legal guidelines

The Public Employment Service Austria (AMS) homepage includes details about authorising the employment of foreign nationals and the approvals required for this.

• Service for job-seekers
• Service for employers

The following publications contain information about employing citizens from new Member States of the European Union:

• Information for employers
• Information for citizens of new EU Member States [37 KB]

Useful information for people living and working in Austria is available from HELP, the Austrian government help service, or the Business Service Portal USP .

• USP

EURES, the European job portal, offers employers information and support on recruiting across the EU. As well as assisting jobseekers, it helps entrepreneurs find workers from across the EU. In border regions, EURES provides information on cross-border commuting and helps workers and employers with problems that may arise.

• About EURES
• Eures advisers

Check also the legislation on this topic in:

• European Union
• Austriadeen
• Belgiumenfrnl
• Bulgariabgen
• Cypruselen
• Czech Republiccsen
• Denmarkdaen
• Estoniaenet
• Finlandenfi
• Franceenfr
• Germanydeen
• Greeceelen
• Hungaryenhu
• Irelanden
• Italyenit
• Latviaenlv
• Lithuaniaenlt
• Luxembourgenfr
• Maltaen
• Netherlandsennl
• Norwayenno
• Polandenpl
• Portugalenpt
• Romaniaenro
• Slovakiaensk
• Sloveniaensl
• Spainenes
• Swedenensv
• United Kingdomen