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Employment in Austria
Employment Permission
1. Working in Austria (for EEA Citizens)
Within the framework of Austrian free movement of labor and the freedom to establish residence, EEA citizens (i.e. those who are members of the European Economic Area) enjoy free and unhindered passage in the country and thus are, in general, entitled to work in a non-self-employed and self-employed capacity as long as they are in possession of a valid travel document.
2. Working in Austria (for non-EEA citizens)
According to the Austrian Foreign Citizens’ Employment Act, non-EEA citizens wishing to engage in non-self-employed work for gain in Austria generally require (after acquiring a valid residence entitlement – applications are normally filed at Austrian Diplomatic Representations abroad, or, at the Alien Registration Authority Office in Austria), one of the following: a work authorization, a delegation permit, an EU delegation permit confirmation, a work permit or an exemption certificate. The corresponding application forms are available from the Public Employment Service (www.ams.at), the locally responsible office of which issues the requisite authorization or permit following examination of the prerequisite conditions.
Simplified work authorization for non-EEA artists
Conditions for the acquisition of work authorization for a complete artistic production (e.g. film production) in Austria can be simplified: The Austrian employer must submit an application for security confirmation for artists (Antrag auf Sicherungsbescheinigung für Künstler) to the locally competent Public Employment Service office. This security confirmation also covers technical and administrative personnel and is the assurance that the work authorization will be issued for non-EEA citizens who have been engaged and have entered the country duly and properly.
Employers who are not EEA citizens or whose companies do not have offices in the EEA must also apply for authorization (i.e. security confirmation) for their non-EEA employees in the case of labor in Austria (e.g. without co-operation partners) in accordance with the Foreign Citizens’ Employment Act. In such a case, it is practical to engage the service of an Austrian vested with proxy (person or enterprise) to submit applications in their name and on their behalf.
In case of complete artistic productions the following information must be included:
- the number of crew members (list of individual persons and their jobs)
- the duration of the production work in Austria
- the locations (or, at least the first one)
Waiver of work authorization
Foreign (i.e. non-EEA citizens) workers in the film, radio and television industry and performing artists may be employed in Austria for one day without work authorization. Similarly, such persons may, within the framework of a larger artistic production, to safeguard a production in progress, a live radio or TV broadcast, work for four weeks in Austria without work authorization. The producer or producing entity must merely report this to the locally responsible Public Employment Service office on the day on which work commences. Generally, repetitions of this four-week employment are possible, if sojourns abroad lie between them.
Short-term work, i.e. not in excess of four weeks, which can only be performed by “irreplaceable” foreign employees, may also be conducted without work authorization or delegation confirmation. This fact is to be made sufficiently clear to the Public Employment Service, which would then issue a confirmation in reference to the Austrian Foreign Citizens’ Employment Act, Art. 18, Par. 2.
The above scenario is the most commonly used. Location Austria will gladly process this application on behalf of international production companies which supply the following information: name and address of production company, list of crew members (including name, date of birth, passport number, and job title), production dates, intended locations, and accommodations (hotel) in Austria.
Delegation authorization
Non-EEA citizens working for a company without EEA headquarters and delegated to Austria in order to work here on a project lasting no longer than six months require a delegation authorization, which is issued for a period of time not in excess of four months. Work authorization is required in order to continue employment beyond this time. Either the foreign citizens themselves or the employer may submit applications for delegation authorization to the Public Employment Service. If renewals are applied for in sufficient time before expiry of the delegation authorization, the latter are deemed to be automatically renewed until such time as the government office has rendered its decision. It is to be noted that carrying out such work in Austria is only possible on the basis of a residence permit in accordance with alien registration laws (see below).
EU delegation authorization
Should non-EEA citizens be sent to Austria by a company with headquarters in the EU in order to work temporarily for an Austrian firm, such citizens’ employment must merely be reported to the Labor Market Service’s regional office. The foreign citizen must demonstrate all authorizations with regard to residence and labor laws in the country from which he/she is sent. In addition, he/she must have been employed for a minimum of one year by the company from which he/she is sent, or be in possession of a contract unlimited in time. The Public Employment Service then issues a so-called EU delegation authorization lasting six months. Applications must also be filed for a residence permit (see below).
Work permit/exemption certificate
Work permits are issued after a non-EEA citizen has been duly and properly employed for a total of 52 weeks within the preceding 14 months whereby, among other things, times of employment based on work authorization for artists are not taken into account. Work permits are valid for a period of two years and issued for a specific Austrian province.
Exemption certificates are issued in particular if a non-EEA citizen has been employed in Austria for a minimum of five years during the preceding eight, or if the person has been married to an Austrian citizen for at least five years.
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