Employment Assignments
The absence of a visa or temporary residence permits permit a foreign citizen working in Austria. All non-EEA citizens are required to get an employment permit (however it is recommended to take note of the exceptions listed found in "Exemptions from the Austrian Act on the Employment of Foreign Nationals") in addition to an residence permit. If the applicant meets the requirements and meets the relevant criteria, they must get a Red-White Red Card (see the next section) because it comes with an option for a settlement permit, along with the work permit. 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 an easier method to live and work in Austria. The RWR Card is a combination of the legal rights that come with a residency permit and the work permit (i.e. there is no need for a separate work permit needs to be sought). In the first quarter of 2019 this RWR Card process was extended to meet the requirements of the Austrian labour market to facilitate the entry of qualified workers.
To determine if someone qualifies, a credit system has been developed which measures qualifications based on objective standards (e.g. the previous education, professional qualifications and experience, language proficiency or the age). Since the year 2019, it is possible to decrease the number of points required for high-quality individuals with an academic degree according to the Austrian Ministry for Employment, Social Affairs and Consumer Protection. So, anyone who wants for employment in Austria can easily decide whether they are qualified by reviewing the criteria. The 2020 deadline for obtaining number of points needed for highly skilled people have been reduced in order to ease the entry of these individuals who are in particular high demand, and to help strengthen Austria as a location for business.
There are six types of foreign nationals that can be eligible to receive an RWR Card:
A highly skilled individual can be admitted to Austria for the duration of six months in order to seek jobs that match their qualifications. If the person succeeds in securing a job or has already secured employment then they can apply for an RWR Card. However, in practice this option can also be employed when a foreign corporation establishes the Austrian branch office, and transfers its employees who are qualified to the branch office.
A skilled worker who is in need of job fields can obtain an RWR Card if they have been specifically trained in a specific shortage job ( Mangelberuf) which is determined by 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) is able to also identify local shortage occupations within their borders. An RWR Card issued for the shortage of a particular occupation typically does not permit the foreign national to work for the company's operations within that federal state.
A foreign graduate can extend their stay to six months following the completion of their the course in Austria to seek employment that is in line with their education. A certain minimum wage has to be paid.
an individual key worker could be granted an RWR Card if they have an overall benefit to an economy (i.e. the worker can are able to transfer capital of at minimum EUR 100,000, acquire new technology or know-how transfer to Austria and create jobs to the Austrian labour market, or if their business is of significant importance to the entire area).
A founder of a start-up can obtain an RWR card if they meet the following criteria: qualifications of work experience, language proficiency and age, as well as additional funds or subsidies of an organization that is a start-up. Additionally, the start-up founder has to: (i) develop innovative processes, products, or technology or launch them in the marketplace (ii) have a solid business plan for financing and running the business (iii) exert a significant influence on the beginning of the business and (iv) demonstrate having a starting capital of at minimum EUR 50 000 including an equity ratio of not less than 50 percent.
Other key workers can obtain other key workers may be eligible for an RWR Cards for other key workers if they meet specific requirements: education with a professional background and language proficiency, and have a valid job offer that includes a clearly defined minimum wage. For 2021 the minimum wage is EUR 38.850, gross those younger than 30 years old, and EUR 46,620 gross for all other employees. In addition, there should be no comparable Austrian employee in 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) provided they meet the requirements for admission (as mentioned above) in 21 of the most recent 24 months prior applying. However, those who have an RWR Card for founders of start-ups have to meet additional requirements before getting an RWR Card Plus (e.g. that the startup must have minimum two full-time workers). After the issuance of an RWR Card Plus, a foreign national will be granted unlimited entry into the Austrian labour market and will be eligible for employment in Austria.
Family members of highly skilled employees can also apply for an RWR Card plus. They must generally demonstrate basic German-language abilities prior to moving to Austria (exceptions exist for family members of competent employees). If they are looking for them to upgrade their RWR Cards, then each family members must show basic German-language proficiency 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 working and residence permit.
An applicant is eligible to be eligible for the EU Blue Card if they (i) have completed their university studies with a minimum time of three years (ii) are employed in a position that is appropriate to the education they have completed as well (iii) will be paid an annual minimum salary of 65,579 EUR total (2021). Furthermore it is the case that Austrian authorities can not issue the EU Blue Card if there is no similarly qualified and employed Austrian citizen who is registered with the AMS at the time that 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 when they have met the requirements for admission (as previously described) within 21 of 24 hours prior to the application. Following the issue of the RWR Card Plus, a foreign national will enjoy unlimited acces to Austrian labour market and is able to apply for employment in Austria.
Family members of those who have the EU Blue Card may also get an RWR Card Plus. In general, they have to demonstrate basic German-language proficiency 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 significant economic or public reasons 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 skilled and unemployed Austrian citizen can become registered at the AMS in the process of applying for the work permit. Special work permits are that are available to seasonal workers as well as university students.
The relevant authorities won't issue the work permit if the requirements are not fulfilled. But, a permit is required to legally hire an employee who is not a member of the European Union (for the exceptions , see further below) and the permit must be obtained prior to when the employee is allowed to start working. The possibility of severe fines and rejection of further work permit applications could be the result of employers hiring people who do not have a valid permit. Additionally, harsh penalties could be in place.
The exemptions to the Austrian Act on the Employment of Foreign Nationals
Generallyspeaking, when an international citizen plans to work in Austria and Switzerland, they need to get an RWR Card as well as an employment permit, or a posting permit. But, some groups are exempt from the requirement. The most significant exemptions are:
Citizens of Switzerland and the EEA along with Switzerland
Citizens of Europe, the EEA and Switzerland do not need to get an authorization to work before starting work in Austria.
Scientists (Wissenschaftler)
Certain rules are in place to the hiring of foreign scientists. Austrian laws do not require public or private scientist to have an authorization to work, as highly skilled scientists are highly sought-after. Furthermore, it is simpler for foreign scientists to obtain an indefinite residence permit.
Most scientific researchers can also be eligible for an RWR Card. It is typically suggested to apply for foreign researchers an RWR Card since they could use the RWR card to extend their extended 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 or groups of corporations. Internationally recognized researchers are those who are well-known for their publications and work internationally or are of significant significance in the context of research circles. Their responsibilities must include (a) creating or maintaining long-lasting business relationships or (b) developing or securing suitable workplaces in Austria. They are required to receive the minimum amount of salary (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 that apply 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
Opportunities of working Austria as employees are restricted but providing services generally is not. However, some restrictions could apply because of trade laws.
Generallyspeaking, businesses may conduct tasks 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 there are two conditions that must be fulfilled the project should not last more than six months, and the employee is not allowed to be in Austria for longer than four months over the course of the duration of the project. If the duration of these terms is to be extended the working permit, or the Red-White-Red Card is required.
It is crucial to stress that the requirement for a work permit cannot be evaded by declaring a series of four-month projects that attempt to use the to continue using the permit to post. Austrian authorities view this as an unconstitutional violation of obligatory regulations.
A foreign national working as (i) manager (ii) specialist (iii) trainee and then transferred to Austria within the group to perform an appropriate position, could be qualified for an indefinite residence permit and a work permit for transfer of company-internal personnel (ICT permission).
Different applications procedures and permits are based on (i) the fact that employees are being directly transferred to Austria from the EU or non-EU member state and (ii) the length that the employee is assigned to Austria are in effect.
If employees from outside the EEA working for a firm located inside the EEA are transferred to Austria to provide services, they are required to register through the ZKO. If the posting is lawful, an EU-posting certification will be issued (EU-Entsendebestatigung).
There are various responsibilities for employers who send employees for transfer to Austria (e.g. the provisioning of certain documents such as the employment contract pay slips, pay slips, time sheets and the enrollment of workers with ZKO). The obligations differ slightly based on the location of the employer in or outside of the EEA.
It is not considered to be a employment assignment of an employee, and thus the regulations don't apply, and registration with the ZKO is not required for employees who are transferred to Austria to do minor tasks for a short period of time in connection with:
Business meetings or seminars (without any other performance of 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
Internationally-specified sports events
Furthermore these rules are not applicable to intra-group assignments for (i) specially-trained employees with specific goals (e.g. research and development or project planning, control) for at least two months within the 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 financial penalties. Repeat offenders could be banned from performing any services in Austria for as long as five years.
The authorities can also direct the customer to stop making payments to the service provider only in the event that the case is complex.
Certain regulations also apply to employees leasing out of a foreign location.
In addition, non-EEA employees who are transferred within a group and possess the ICT permit from an other EU Member State could be qualified to apply for the ICT mobility permit to Austria when their stay is longer than 90 days.
Austrian law requires that, in the event that a relevant contract for collective bargaining (CBA) that covers the company that is sending the company is in place in Austria the employer must pay the minimum amount stipulated by the CBA. If there is no applicable CBA exists the employer is required to pay the median salary of an equivalent peer group comprising Austrian employees.
Lease of Employees
Employers in non-EEA nation can hire their employees in Austria to be under the supervision from 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 relevant trade authority has approved employee leases and confirms:
The employees are extremely well-qualified for the tasks they are assigned (i.e. that the employee has held an exact job for a prolonged duration of time and"significantly qualified") "significantly well-qualified") and the job assignment is necessary due to economic and labor market reasons.
The only way to get employment is by leasing employees from other countries (e.g. that no similarly skilled Austrian employees could be found on the Austrian market for employment)
The employment of these employees will not affect the payment or working conditions of comparable Austrian employees
Austrian law states that employees are entitled to a fair pay and working conditions. In addition, employees assigned to the position have the right to receive the exact 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, leasing employees from outside the EEA from employers located within the EEA is not required prior approval to 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).
Every lease for employees needs an advance consent from the employee that is being transferred to a different company or corporation member regardless of whether the contract is for only a brief duration.
Post-Entry Procedures
Anyone who is staying in Austria is required to register with the relevant authority (usually this is the mayor in the local area). If, however, the person is staying in a hotel, registration is completed once that registration in the hotel has been completed. Individuals who are staying in private accommodations do not have to sign up in the event that their stay is no more than 3 days. Therefore registration is typically an administrative procedure.
Employers must keep specific documents (e.g. contracts of employment pay slip and work permit) in the workplace of employment when hiring foreign workers as well as leasing or posting workers. Employers could face serious administrative penalties for not complying.
Admission based On International Agreements - Citizens from the European Economic Area
For those who are citizens from the EEA, Switzerland and Croatia (since July 2020) getting a job in Austria is easy. If they work or are self-employed in Austria or earn a stable life and have health insurance They do not require specific residence or work permits to work and live in Austria.
In addition, EEA citizens must notify the Austrian registry authority within three days of their entry to Austria. In addition, EEA citizens and their family members are required to be registered as permanent residents with the local authorities in the next four months if they are planning to stay in Austria for longer than 3 months. In general, these registration requirements are just a formality for administrative purposes.
Furthermore the non-quota-free "Settlement Permit for Family Members (Niederlassungsbewilligung Angehöriger) " is also available to relatives of EEA citizens in certain situations.