Work permit

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An employment permit is a permit that is issued to the employer in Austria and entitles him to employ a specifically requested foreign worker for a specific professional activity at a specific job. The employment permit is regulated in §§ 4–11 AuslBG .

EU / EEA citizens and citizens of Switzerland , as well as their spouses who are entitled to reside and u. U. your children do not need a work permit due to the European freedom of movement . However, this does not apply to citizens of the state of Croatia that joined the European Union on July 1, 2013 (as of January 1, 2018). Some other foreigners are also allowed to work in Austria based on their residence permit and therefore do not need a work permit . This applies, for example, to holders of a Red-White-Red Card plus and certain other groups of people.

The requirements for the issue of an employment permit are regulated in § 4 AuslBG.

The Federal Minister for Labor, Social Affairs and Consumer Protection , after § 5 AuslBG the number of foreign seasonal workers and harvest helpers possibly a numerical quota subject. An employment permit must be applied for by the employer in good time before the start of the planned start of work at the responsible regional office of the Public Employment Service (AMS) is issued for a maximum of one year from the date of issue (Section 7 AuslBG).

Asylum seekers may under no circumstances be self-employed or employed during the first three months after submitting their application. If the authority has not yet made a final decision on the asylum application after this period has elapsed, they may be employed, provided that an employment permit is issued. As a rule, asylum seekers are only granted an employment permit for a maximum of six months of seasonal work in tourism and agriculture , and even in this area it is difficult to obtain an employment permit. Recognized convention refugees and persons entitled to subsidiary protection , however, do not require an employment permit (as of 2018). In practice, although the latter are on an equal footing with recognized refugees, they have a considerably more difficult time finding a job due to their temporary residence permit.

Web links

Individual evidence

  1. Aliens Employment Act , jusline.
  2. a b Basic information on the employment of foreigners. Austrian Chamber of Commerce, January 1, 2018, accessed October 5, 2018 .
  3. a b c You have to take this into account when employing refugees. In: www.hrm.at. June 7, 2016, accessed October 5, 2018 .
  4. Foreign employees. In: Unternehmensserviceportal. Federal Chancellery, January 8, 2018, accessed October 5, 2018 .
  5. § 4 AuslBG , jusline.
  6. §5 AuslBG , jusline.
  7. § 7 AuslBG , jusline.
  8. ↑ Work permit. In: Portal of the Chamber of Labor. Retrieved October 5, 2018 .
  9. Asylum & Work. In: www.fluechtlinge.wien. 2017, accessed October 5, 2018 .
  10. Employment of persons entitled to asylum, persons entitled to subsidiary protection and asylum seekers. AMS, 2018, accessed October 5, 2018 .
  11. Those entitled to subsidiary protection: Fewer rights than refugees. In: medienservicestelle.at. March 17, 2015, accessed October 5, 2018 .