Employment Assignments
A visa or a temporary residence permits allow the foreign citizen the right to live and work in Austria. Anyone who is not a citizen of the EU generally needs to apply for work permits (however it is recommended to look up the exemptions within "Exemptions from the Austrian Act on the Employment of Foreign Nationals") in addition to the residence permit. If the worker meets the criteria for employment then they need to be issued a Red-White-Red card (see the next section) since it comes with the option of a settlement permit and the work permit. There are no additional conditions (apart from the relevant qualifications) have to be fulfilled.
Skilled Workers
The Red-White-Red Card
The model of immigration based on criteria, known as"the Red-White-Red Card ( Rot-Weiss-Rot Karte, "RWR Card") provides highly skilled employees the opportunity to live and work in Austria. The RWR Card is a combination of the legal rights that come with a residency permit along with an employment permit (i.e. that no separate work permit needs to be sought). Since the beginning of the year it was announced that the RWR Card program was extended to meet the requirements of the Austrian labour market to facilitate the entry of qualified workers.
To determine if someone has the qualifications, a credit system has been developed which evaluates qualifications on objective standards (e.g. educational background, professional experience and experience, as well as language skills or the age). In 2019, it's possible to decrease the number of points required for individuals who are highly skilled and have earned a degree from a university, according to the Austrian Ministry for Employment, Social Affairs and Consumer Protection. So, anyone who wants to be employed in Austria is able to easily determine whether or not they meet the requirements by reviewing the criteria. The 2020 deadline for obtaining number of points needed for highly skilled individuals have been cut again to allow for the admission of those who are in particular high demand, and to help strengthen Austria as a business destination.
There are six types of foreign nationals that can be eligible to receive an RWR Card:
A highly skilled individual can an extremely highly qualified person is permitted to enter Austria for up to six months in order to seek work that is in line with their qualifications. If the person succeeds in securing a job or has already found a job then they can apply for an RWR Card. In reality this option can also be utilized when a foreign business creates the Austrian branch office and then transfers its employees who are qualified to the branch office.
A skilled worker who is in need of jobs can be granted an RWR Card if they're specifically trained in a job that is considered to be a shortage ( Mangelberuf) according to the Austrian Ministry for Employment, Social Affairs and Consumer Protection and are eligible for an job offer. Since the year 2019, federal states (also known as Bundeslander) are able to also identify local shortage occupations within their territories. The RWR Card issued in connection with this type of shortage job generally is only valid for the foreign worker to work for the workplace of the employer within the federal state.
A foreign graduate can extend their stay by six months following the completion of their study in Austria to seek employment which matches their credentials. A certain minimum wage has to be paid.
An independent key worker can be granted an RWR Card if they have an overall benefit to economic growth (i.e. that they are able to transfer capital of at the minimum of EUR 100,000, acquire new technology or know-how into Austria and create jobs to the Austrian employment market, or their company is of vital importance for the whole area).
A founder of a start-up can obtain an RWR card if they meet specific requirements: qualifications in professional experience, work experience, language proficiency or age, in addition to the funding or assistance from the start-up company. In addition, the startup founder has to: (i) develop innovative processes, products, or techniques or bring them products, services, or procedures to the market (ii) have a solid business plan to fund and operating the business (iii) have a significant impact on the beginning of the business and (iv) provide evidence of an initial capital amount of at the minimum EUR $50,000 including an equity ratio of not less than 50 percent.
Other key workers can obtain other key workers can obtain an RWR Cards for other key workers if they meet specific requirements: education with a professional background or language skills, and are able to secure an job offer that includes a clearly defined minimum wage. The 2021 minimum wage is EUR 38.850, gross those who are younger than 30 years of age and EUR 46,620 gross for all other employees. In addition, there should be no similarly qualified Austrian employee on the market for employment.
People who already have an RWR Card are also eligible to apply for The Red-White Red Card Plus (RWR Card Plus) in the event that they have met the requirements for admission (as previously described) in 21 of the most recent 24 months prior applying. However, applicants who hold an RWR Card for founders of start-ups must meet additional requirements prior to receiving an RWR Card Plus (e.g. for start-ups, they must have more than two full time workers). After the issuance of an RWR Card Plus, a foreign national will be granted unlimited accessibility to Austrian employment market and be able for employment in Austria.
Family members of highly-qualified employees can also apply for an RWR Card plus. In general, they have to demonstrate basic German-language abilities prior to moving to Austria (exceptions exist for family members of competent employees). If they wish for them to upgrade their RWR Cards, each members of the family must demonstrate basic German language skills within two years of moving to Austria.
The European Union Blue Card (EU Blue Card)
The EU Blue Card offers highly skilled employees the chance to get a work and residence permit.
An applicant is eligible to be eligible for the EU Blue Card if they (i) have completed a university education that has a minimum duration of 3 years (ii) are employed in a job that is suitable to the education they have completed as well (iii) will earn an annual minimum salary of 65,579 euros total (2021). Furthermore the Austrian authorities can not issue the EU Blue Card if there is no similarly qualified and unemployed Austrian citizen who is registered with the AMS after an application to get the EU Blue Card is completed.
Anyone who is already a holder of the EU Blue Card may also apply for an RWR Card Plus in the event that they meet the requirements for admission (as mentioned above) in 21 of 24 months prior to the application. After the issuance of an RWR Card Plus, a foreign national will enjoy unlimited acces to Austrian employment market and is able to apply for employment in Austria.
Family members of those who have the EU Blue Card may also be eligible for an RWR Card Plus. In general, they need to prove basic German language skills within 2 years of moving to Austria in order the ability to renew the validity of their RWR Cards Plus.
Work Permits
If an employee does not meet the criteria for a RWR Card or an EU Blue Card, they may only work in Austria if their employer has either obtained a work permit (Beschaftigungsbewilligung) or if the employee is a Turkish citizen and has been granted a certificate of dispensation (Befreiungsschein).
If there aren't any other important economic or public reason that would prevent the use of a foreign citizen the work permit could be granted. The most obvious justification is because the position is filled by the Austrian employee. Thus, no similarly competent and currently employed Austrian citizen is eligible to become registered at the AMS in the process of applying for the work permit. Special work permits are for seasonal workers as well as students at universities.
The authorities in charge will not issue the work permit if the requirements are not fulfilled. But, a permit is required for legally hiring an employee who is not a member of the European Union (for the exceptions , see further below) and the permit must be sought out before the employee begins working. A severe fine and rejection of further work permit applications could be the result of employers hiring people who do not have a valid permit. In addition, serious penalties may be imposed.
Exclusivity from Austrian Act on the Employment of Foreign Nationals
Generallyspeaking, when the foreign national plans to seek employment in Austria is required to obtain an RWR Card or the work permit or posting permit. Certain groups, however, are legally exempt from the requirement. The most significant exemptions are:
Citizens of Switzerland and the EEA as well Switzerland
Citizens of Europe, the EEA and Switzerland are not required to get an employment permit prior to beginning work in Austria.
Scientists (Wissenschaftler)
Certain rules are in place for foreign scientists. Austrian laws do not require public or private scientist to get an authorization to work, as highly skilled scientists are in high demand. Furthermore, it is simpler for foreign scientists to obtain an indefinite residence permit.
Most scientific researchers are also eligible for an RWR Card. It is generally advised to apply for foreign researchers an RWR Card since they could utilize the RWR card to extend their longer-term time in Austria.
Senior Managers and internationally recognized researchers (Besondere Fuhrungskrafte und international anerkannte Forscher)
Senior managers, within terms of the lawful exemption, are people who are in charge of executive positions at the levels of management or board in internationally active companies and groupings of corporations. Researchers internationally recognized are those who are well-known for their publications and work internationally or have a significant meaning within research circles. Their work must consist of (a) developing or maintaining long-lasting business relationships or (b) developing or securing workplaces that are qualified in Austria. They are required to receive an annual minimum wage (at at least EUR 6,660 gross monthly income plus any special payments beginning in 2021).
Senior managers, international recognized researchers, their spouses, children, their support staff and household staff (i.e., secretaries, assistants if they have been employed by the senior manager/international recognized researcher for at least one year) are also exempt. There are no quota limitations applicable to senior managers. In most instances, the top managers are also eligible to be eligible for an RWR Card.
Intra-company Transfer
Posting of Employees to Austria
While opportunities of working Austria as employees are limited but providing services generally is not. However, some restrictions could apply in accordance with trade laws.
In general, businesses can conduct work in Austria. When employees are sent to Austria to perform services within projects, a posting permit (Entsendebewilligung) by the local AMS office must be obtained. In this instance two requirements are required the project should not last more than six months in duration and the worker is not allowed to be in Austria for more than 4 months over the course of the duration of the project. If these times are to be extended then a working permit, or the Red-White-Red Card must be obtained.
It is vital to note that the requirement for a work permit cannot be evaded by declaring a series of four-month projects in order to make to continue using the permit to post. Austrian authorities view this as an unconstitutional violation of compulsory requirements.
A foreign national working as (i) director (ii) specialist, or (iii) trainee and is sent to Austria within the group to perform an appropriate position, could be qualified for the temporary residence and work permit for transfer of company-internal workers (ICT permits).
Different procedures for application and permits based on (i) the fact that employees are being directly transferred to Austria from one of the EU or non-EU member state and (ii) the length for the mission to Austria are applicable.
If employees from outside the EEA working for a firm located in the EEA are transferred to Austria to provide services, they're only required to register at the ZKO. If the posting is lawful, an EU-posting certification will be issued (EU-Entsendebestatigung).
There are a variety of responsibilities for employers who send employees in Austria (e.g. providing of certain documents such as employment contracts pay slips and pay slips, as well as time records , and enrollment of workers with ZKO). The requirements differ a bit based on the location of the employer in or outside of the EEA.
It isn't considered to be a placement of an employee and thus the regulations are not applicable and a registration with ZKO is not required when employees are posted to Austria for temporary jobs related to:
business seminars or meetings (without any further obligation to provide services)
fairs and other similar fairs and similar (except final and preparatory works)
Participation and attendance at certain congresses as well as other participation and attendance at certain
specific international sporting events
In addition the rules are not applicable to intra-group assignments for (i) employees with special skills to serve a specific purpose (e.g. research and development and project management, as well as controlling) for up to two months in one calendar year, as well as (ii) employees who earn an annual minimum gross income of at the minimum EUR 6,937.5 (2021).
Failure to comply could result in severe sanctions in the form of money. Repeat offenders could be banned from performing any services in Austria for up to five years.
The authorities could also instruct the customer to stop paying the service provider only in the event that the investigation is difficult.
A number of rules also apply to personnel leasing from overseas.
In addition, non-EEA employees who have been transferred to another group and possess the ICT permit from an other EU Member State might be qualified to apply for the ICT Mobile permit for Austria when their stay is longer than 90 days.
Austrian law states that when a Collective bargaining arrangement (CBA) that covers the operations of the sending company is in force in Austria the employer is required to pay the minimum amount stipulated by the CBA. If there is no applicable CBA exists the employer is required to pay the salary average of an equivalent peer group comprising Austrian employees.
Lease of Employees
Employers in non-EEA state can hire their employees in Austria to be under the supervision by an Austrian company However, this is only permitted in the event that the employee is granted an employment permit under the Austrian Act on the Employment of Foreign Nationals and also according to the Austrian Act on the Lease of Employees. A permit issued under this second is only granted if the appropriate trade authority approves leasing of workers and affirms that:
The employees are highly qualified to perform the task (i.e. that the employee has held the job for a prolonged duration of time and"significantly well-qualified") "significantly well-qualified") and the appointment of such employees is required because of economic and labor market factors
The only way to get employment is by leasing employees from other countries (e.g. there are no competent Austrian employees are available on the Austrian labour market)
The employment of these employees will not affect the payment or working conditions of comparable Austrian employees
Austrian law provides that employees are entitled to a fair work and pay. Additionally, employees who are assigned have the right to the minimum salary as similar Austrian employees, as defined by the relevant CBA.
The applications for the assignment of employees are thoroughly reviewed by Austrian authorities, and permits are not often issued.
However, the leasing of non-EEA employees from companies located within the EEA is not required prior approval by Austrian authorities. However, the notification of the lease to ZKO ZKO is mandatory. If the posting is lawful, an EU-leasing certification will be issued (EU-Uberlassungsbestatigung).
Each lease of employees must have the prior consent of the employee who is being transferred to a different company or corporation member regardless of whether the contract is for only a brief time.
Post-Entry Procedures
Anyone who is staying in Austria must sign up with the relevant authority (usually this is the mayor of the area). If the individual is staying in a hotel, the requirement is fulfilled when your registration with the hotel has been completed. People who stay in private accommodation are not required to register for as long as their stay is no more that three consecutive days. In this sense registration is typically an administrative requirement.
Employers are required to keep specific documents (e.g. contracts of employment pay slip or work permit) available at the point of employment when hiring foreign workers or leasing or posting workers. Employers may be subject to severe penalties administratively if they fail to comply.
Entry based On International Agreements - Citizens from the European Economic Area
For those who are citizens who are citizens of EEA, Switzerland and Croatia (since July 2020) finding work in Austria is easy. If you are self-employed or employed in Austria or make a steady income and have adequate health insurance and health insurance coverage, they don't require any special permits for residence or work to live and work in Austria.
In addition, EEA citizens must notify the Austrian registry authority within three days of their entry in Austria. In addition, EEA citizens and their relatives must be registered as permanent residents with the local authorities in the next four months, if they plan to stay in Austria for longer than 3 months. The majority of the time, these registration obligations are just a formality for administrative purposes.
Furthermore the non-quota-free (Niederlassungsbewilligung Angehöriger) "Settlement Permit for Family Members" is also available to relatives of EEA citizens in certain situations.