The absence of a visa or temporary residence permits permit a foreign citizen working in Austria. Anyone who is not a citizen of the EU generally needs to apply for an employment permit (however it is recommended to take note of the exceptions listed within "Exemptions from the Austrian Act on the Employment of Foreign Nationals") in addition to an residence permit. If the applicant meets the criteria for employment then they need to be issued a Red-White-Red card (see the next section) because it comes with the option of a settlement permit along with the work permit. There are no additional conditions (apart from the relevant qualifications) are required.
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 offers the legal rights associated with having a resident permit and the work permit (i.e. that no separate work permit is required to be sought). Since the beginning of the year it was announced that the RWR Card program was widened to better accommodate the requirements of the Austrian market for immigrants with qualifications.
To determine if a person qualifies, a credit system was developed which measures qualifications based on objective standards (e.g. the previous education, professional qualifications and experience, language proficiency or the age). In 2019, it's possible to lower the amount of points needed for high-quality individuals with earned a degree from a university, according to the Austrian Ministry for Employment, Social Affairs and Consumer Protection. So, anyone who wants for employment in Austria can easily decide whether or not they meet the requirements by reviewing the criteria. For 2020, amount of points needed for highly skilled individuals have been cut again in order to ease the admission of those working in fields that are particular high demand, and to increase the strength of Austria as a business destination.
There are six types of foreign citizens who can get an RWR Card:
A highly-qualified individual can be admitted to Austria for up to six months in order to seek work that is in line with their qualifications. If they succeed in obtaining a suitable job or has already secured employment then they can apply for an RWR Card. In reality this option is utilized when a foreign business establishes the Austrian branch office and then transfers its employees who are qualified to the branch office.
A skilled worker working in shortage job fields can obtain an RWR Card if they have been specifically trained in a job that is considered to be a shortage ( Mangelberuf) which is determined by the Austrian Ministry for Employment, Social Affairs and Consumer Protection and possess a suitable job offer. Since the year 2019, federal states (also known as Bundeslander) are able to also identify local shortage occupations within their borders. The RWR Card issued for this type of shortage job generally does not permit the foreign national to work for the company's operations within that federal state.
A graduate from a foreign university may extend their stay to six months after they have completed their study in Austria to secure a job that is in line with their education. A minimum wage must be paid.
An independent key worker can be granted an RWR Card if they have an overall benefit to economic growth (i.e. the worker can are able to transfer capital of at the minimum of EUR 100,000, develop new technologies or know-how transfer to Austria and create jobs in the Austrian labour market, or if their business is of significant importance for the whole area).
A founder of a start-up can obtain an RWR card if they meet specific requirements: qualifications of work experience, language proficiency and age, as well as additional funding or assistance from an organization that is a start-up. Additionally, the start-up founder has to: (i) develop innovative methods, services, or techniques or bring them in the marketplace (ii) present a solid business plan for financing and operating the business (iii) have a significant impact on the startup 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 may be eligible for an RWR card if they meet specific requirements: education with a professional background or language skills, and are able to secure an employment contract with a specified minimum wage. The 2021 minimum wage will be EUR 38.850, gross those who are younger than 30 years of age and EUR 46,620 gross for all other employees. Furthermore, there must be no comparable Austrian employee on the market for employment.
Anyone who is already a holder of an RWR Card may also be eligible 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 have to meet additional requirements before getting an RWR Card Plus (e.g. that the startup requires minimum two full-time workers). Following the issue of the RWR Card Plus, a foreign national will enjoy unlimited accessibility to Austrian employment market and be eligible for employment in Austria.
Family members of highly skilled employees are also eligible for the RWR Card plus. They must generally demonstrate basic German-language abilities prior to moving to Austria (exceptions are available for relatives of competent employees). If they are looking expand their RWR Cards, then each members of the family must demonstrate 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.
A person 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 position that is appropriate for the degree as well (iii) will be paid an annual salary minimum of 65,579 euros net (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 applying for an EU Blue Card is completed.
People who already have the EU Blue Card may also be eligible for an RWR Card Plus when they have met the requirements for admission (as mentioned above) within 21 of 24 hours prior to the application. After the issuance of an RWR Card Plus, a foreign national will enjoy unlimited entry into the Austrian labour market and will be 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 for an extension of 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 important economic or public reason to prevent the hiring of a foreign citizen the work permit could be granted. A public motive is the position that is being sought could be 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 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. A work permit is required to legally hire workers who are not from the EU (for the exemptions, please refer to further below) and the permit must be sought out before the employee is allowed to start working. The possibility of severe fines and rejection of subsequent work permit applications may occur if employers hire people who do not have a valid permit. Additionally, harsh penalties could be imposed.
Exclusivity from Austrian Act on the Employment of Foreign Nationals
In general, if an international citizen plans to work in Austria is required to obtain an RWR Card or the work permit or posting permit. But, some groups are legally exempt from the requirement. The most notable exemptions are:
Citizens of Switzerland and the EEA as well Switzerland
Citizens of Switzerland and the EEA and Switzerland are not required to apply for an employment permit prior to beginning work in Austria.
Scientists (Wissenschaftler)
Certain rules are in place to the hiring of foreign scientists. Austrian laws do not require scientific scientist, whether public or private, to get an authorization to work, as highly skilled scientists are in high demand. Furthermore, it is simpler for foreign scientists to obtain temporary residence permits.
In the majority of cases, scientists are also eligible for an RWR Card. It is generally suggested to apply for foreign researchers an RWR Card as they may use 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, as per terms of the lawful exception, are those who are in charge of executive positions at the top management or board levels within internationally active corporations or groups of corporations. Internationally recognized researchers are those who are recognized for their research and publications internationally or are of significant significance within research circles. Their responsibilities must include (a) developing or maintaining long-lasting business relationships or (b) making or securing suitable workplaces in Austria. They are required to receive an annual minimum wage (at at least EUR 6,660 monthly gross salary 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, senior managers can also be eligible in the 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 must be fulfilled 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 the duration of these terms is to be extended then a Work permit or Red-White Red Card must be obtained.
It is crucial to stress that the requirement for a work permit cannot be evaded by using a four-month chain of projects that attempt to use the to continue using the permit to post. Austrian authorities view this as an unconstitutional violation of compulsory requirements.
Or, a non-native working as (i) director (ii) specialist, or (iii) trainee and is sent to Austria intra-group to be employed in the relevant job, might be qualified for the temporary residence and work permit for transferred company workers (ICT permits).
Different applications procedures and permits based on (i) the fact that employees are being directly transferred by one of the EU or non-EU member state and (ii) the time frame 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 posted to Austria to provide services, they are required to register at 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. providing of certain documents such as employment contracts pay slips and pay slips, as well as time sheets and the enrollment of workers with ZKO). The requirements differ a bit based on whether the employer is 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 registration with the ZKO is not required when employees are posted to Austria for temporary jobs related to:
business seminars or meetings (without any other performance of services)
fairs and other similar fairs and similar (except final and preparatory works)
participation and attendance in congresses, as well as certain participation and attendance at certain
specific international sporting events
In addition these rules are not applicable to assignments within groups of (i) specially-trained employees to serve a specific purpose (e.g. research and development and project management, as well as controlling) for at least two months within the calendar year, or (ii) employees earning the minimum monthly gross wage of at minimum EUR 6,937.5 (2021).
Infractions can result in serious sanctions in the form of money. Repeat offenders may be barred from performing any services in Austria for as long as five years.
The authorities could also instruct the recipient of services to stop paying the service provider, but only in situations where the investigation is difficult.
A number of rules also apply to personnel leasing out of a foreign location.
In addition, non-EEA employees who have been transferred to another 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 Collective bargaining arrangement (CBA) that covers the company that is sending the company is in force in Austria the employer is required to pay the minimum wage stipulated in the CBA. If there is no applicable CBA exists the employer has to pay the median salary of similar peer groups that includes Austrian employees.
Lease of Employees
Employers who are located in a non-EEA nation can hire their employees in Austria to be under the supervision by an Austrian company however, only in the event that the employee is granted an employment permit under the Austrian Act on the Employment of Foreign Nationals as well as pursuant to the Austrian Act on the Lease of Employees. The permit granted under the law is only issued when the appropriate trade authority approves leasing of workers and confirms:
The employees are highly qualified for the tasks they are assigned (i.e. that the employee was previously in the job for a prolonged period of time , and thus"significantly qualified") "significantly well-qualified") and the job assignment is required because of economic and labor market reasons.
The only way to get employment is by leasing foreign workers (e.g. there are no skilled Austrian employees could be found on the Austrian market for employment)
The employment of these employees will not affect the payment and working conditions of similar Austrian employees
Austrian law states that employees are entitled to a fair work and pay. In addition, employees assigned to the position have the right to receive the exact minimum salary as similar Austrian employees, as defined by the applicable CBA.
Application for the appointment of employees are thoroughly examined 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 that is being transferred to another corporation or company member even if the position is for only a brief time.
Post-Entry Procedures
Every person who lives in Austria is required to register with the appropriate authority (usually it is the mayor in the local area). If, however, the person is staying in a hotel, registration is completed when that registration in the hotel has been completed. People who stay in private accommodation are not required to register for as long as their stay is not more than 3 days. In this sense the registration process is generally an administrative requirement.
Employers are required to keep particular documents (e.g. contracts of employment pay slip or work permit) in the workplace of employment when hiring foreign workers or hiring or leasing workers. Employers could face serious penalties administratively if they fail to comply.
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) finding work in Austria is easy. If you are self-employed or employed in Austria or make a steady income and have adequate insurance for health They do not require specific residence or work permits to live and work in Austria.
In addition, EEA citizens must notify the Austrian registry authority within three days of their entry to Austria. Furthermore, EEA citizens and their family members are required to declare their permanent residence to the local authorities in the next four months, if they plan to remain in Austria for longer than three months. The majority of the time, these registration obligations are just a formality for administrative purposes.
In addition the free-of-cost "Settlement Permit for Family Members" (Niederlassungsbewilligung Angehöriger) is also available to relatives of EEA citizens in certain situations.assungsbewilligung Angehöriger)