Unemployment benefit (Austria)

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The unemployment benefit should in Austria ensure unemployed citizens while searching for a new job, the financial basis for life and is from the moment when unemployment pay. In addition, there are other requirements for entitlement to unemployment benefit.

Legal bases

The legal basis in Austria is the Unemployment Insurance Act (AIVG).

Eligibility requirements

In Austria there are various requirements for claiming unemployment benefit. In addition to the basic requirement (there must be unemployment), willingness and ability to work must be proven. An unemployed person must be willing to take up employment for at least 20 hours per week - in the case of care obligations for children up to the age of 10 or for a disabled child, the minimum amount drops to 16 hours per week. Furthermore, unemployment benefits can only be drawn if you have been in employment that is subject to unemployment insurance for a certain period of time before becoming unemployed, whereby the following periods must be observed:

  • When claiming unemployment benefit for the first time, the period is at least 52 weeks within the last two years before the claim is made.
  • Thereafter, a minimum period of 28 weeks applies within the last year before the claim is asserted.
  • Before reaching the age of 25, if the claim is made for the first time, it is sufficient to have an employment subject to unemployment insurance for 26 weeks within the last year.

Unemployment registration

Registration of unemployment is also a prerequisite for receiving unemployment benefit. This must be announced in person to the relevant regional office of the Labor Market Service (AMS) on the first day of unemployment at the latest .

Amount of unemployment benefit

In Austria, unemployment benefits consist of the basic amount and possible family allowances as well as any supplementary amount. The basic amount is based on the annual contribution basis from the earnings subject to unemployment insurance - if the claim is made in the first half of the year, the year before last, and if it is made in the second half of the year, the last year is used for assessment.

Unemployment benefit is calculated on the basis of net income (social contributions and income tax are deducted from the gross assessment basis). 55% of net income is the basic amount of unemployment benefit. 

Arbeitslosengeld = Nettoeinkommen x 0,55 + Familienzuschlag + allfälliger Ergänzungsbeitrag

As part of the family allowance, an additional amount of € 0.97 per day is granted for each person eligible for the allowance. Eligible persons are children and grandchildren, stepchildren, chosen children and foster children as well as spouses and domestic partners if the unemployed person makes a substantial contribution to the maintenance of these persons and if children are entitled to family allowances and if adults do not exceed the marginal earnings threshold.

After reaching the age of 45, the remuneration that has already been used to calculate the basic amount of unemployment benefit must also be used for further claims ("assessment base protection").

The unemployment benefit is paid out monthly in arrears around the 8th of the following month.

The Bundesrechenzentrum GmbH offers an online calculator to determine the expected amount of unemployment benefit.

Duration of receipt of unemployment benefit

Unemployment benefit is generally granted for 20 weeks. However, under certain conditions, the subscription period can be extended to:

  • 30 weeks, if in the last 5 years prior to the assertion of unemployment insurance there was employment of 156 weeks,
  • 39 weeks if you have reached the age of 40 and you have been employed for 312 weeks within the last ten years and are subject to unemployment insurance,
  • 52 weeks if you have reached the age of 50 and have been employed for 468 weeks within the last 15 years and are subject to unemployment insurance.

After the period of receipt of unemployment benefit has expired, the means-dependent emergency assistance can be applied for. In 2018, emergency aid will be newly regulated in Austria and will be independent of partner.

In addition, earnings with unemployment benefit

  • Marginal employment

Minor employment may be carried out without affecting the receipt of unemployment benefit (currently the minimum earnings limit is 425.70 euros per month (as of January 1, 2017), it is subject to constant adjustment and is regulated in Section 5 (2) ASVG .) Exception: If you take up part-time employment with the same employer, you are not considered unemployed if there is a period of less than a month between the previous fully insured employment and the part-time employment.

If the employment relationship does not begin on the first day of the month, the monthly amount must be calculated proportionally in this first month.

If the employment relationship is contractually limited to a period of less than one calendar month, the limit is 28.89 euros per working day (as of January 1, 2012), but the total gross monthly income may not exceed the monthly marginal earnings limit of 376.26 euros.

If the daily marginal earnings limit is exceeded, there is no entitlement to unemployment benefit for the working days on which the activity was carried out.

  • Selfemployment

If you are self-employed, the same income limits apply to receiving unemployment benefits. In addition, 11.1% of sales may not be higher than the marginal earnings limit, i.e. EUR 3,389.73 per month (2012).

  • Reporting requirement

In any form of additional earnings to unemployment benefit, there is an obligation to report to the AMS. This applies regardless of registration with the regional health insurance fund or the like.

Further legal provisions

Embargo

If the employment relationship itself has been terminated, there is no entitlement to unemployment benefit for 4 weeks from the end of the employment relationship ("blocking period"). It comes into force if the employment relationship was terminated through one's own fault (justified dismissal, unauthorized resignation) or voluntarily without good reason (employee termination, but not amicable termination). This also applies to the solution within the trial period. The lock-up period does not reduce the duration of receiving unemployment benefit, it only postpones the day the benefit is due. Even in the case of a blocking period, an application for unemployment benefit should be submitted immediately to the responsible labor market service, as this is the only way to ensure continuous protection in health insurance. The AMS can refrain from imposing a blocking period or shorten it under certain conditions.

Suspension of entitlement to unemployment benefit

Even if there is a general entitlement to unemployment benefit, entitlement can be suspended in the following cases:

  • At the end of the employment relationship, there was still remaining leave open
  • a termination fee was paid
  • Due to illness, the former employer is still obliged to continue paying wages
  • sick pay or maternity allowance is received
  • Stay abroad - unless you can prove that you are looking for a job abroad

Resting only postpones the day on which the benefit is due; this does not change the duration of the benefits. Under certain conditions, there is the possibility of receiving unemployment benefit as an advance on termination compensation or holiday compensation.

Acceptance of reasonable employment

If a reasonable job is not accepted or a retraining or an integration measure is refused, the entitlement to unemployment benefit expires for the duration of the refusal, but at least for 6 weeks. If there has already been a loss of entitlement to unemployment benefit within one year before the current loss of entitlement, the period increases to 8 weeks.

Employment is reasonable if it fulfills the following requirements: - the physical abilities are appropriate - health and morality are not endangered - is adequately remunerated - future employment in the profession is not significantly more difficult.

Pension insurance

The periods of receipt of unemployment benefit are taken into account in pension insurance as follows:

For people who have reached the age of 50 before January 1, 2005, the reference times apply as replacement periods in the pension insurance; for younger people, the reference times apply as contribution periods from January 1, 2005.

The contribution periods that are earned while receiving unemployment benefit are only valued at 70% of the contribution basis that was used to determine the unemployment benefit.

Individual evidence

  1. ^ Federal Chancellery Legal Information System: Federal Law: Entire Legal Provision for the Unemployment Insurance Act 1977.
  2. ↑ a b Public Employment Service: Unemployment Benefit ( Memento of the original from October 25, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.ams.at
  3. ↑ a b c d e f Social life in Austria: unemployment benefit
  4. ↑ jusline.at: §5. Exceptions to full insurance. General Social Insurance Act (ASVG) §5

Web links

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