Do I have to obtain a work permit?
Posting of workers
1. Posting undertakings established in an EU or EEA Member State or in Switzerland whose posted employees are citizens of a third country or of Croatia:
The notice for the posting of workers (refer to menu item Notification requirements) is forwarded to the Austrian Public Employment Service (AMS) by the Central Co-Ordinating Agency (Zentrale Koordinationsstelle, ZKO) with the Federal Ministry of Finance.
An EU posting confirmation (EU-Entsendebestätigung) is required pursuant to Section 18 para. 12 of the Employment of Foreigners Act (Ausländerbeschäftigungsgesetz, AuslBG).
This confirmation is issued by the AMS if the posted worker is properly employed in the posting country and is employed in Austria in accordance with Austrian wage and working conditions during the posting period.
To allow verification of legal employment in the posting country, the posting employer is required in the notification to include details of the employment permit and of the residence permit which were issued in the posting country.
As soon as the worker begins work, it must be possible to present that work permit to the inspection authorities (refer to menu item Documents)
Exception for Croatian undertakings:
Due to the transitional provisions in force, a posting permit (Entsendebewilligung) rather than an EU posting confirmation is required for workers from Croatia in the sectors listed below; the Austrian employer must apply for the permit from the AMS.
- Gardening services
- Working and processing of natural stone
- Manufacturing of steel and lightweight metal structures
- Security services
- Cleaning of buildings, inventory and vehicles
- Home nursing
- Social services
In the construction trade and ancillary trades and where the posting is for longer than four months the undertaking is required to apply for an employment permit instead of a posting permit.
Prior to issuing a posting permit or an employment permit, the AMS is required to verify the labour market situation.
2. Posting undertaking established in a third country:
Posted workers are citizens of a third country or of Croatia:
Undertakings established in third countries are not required to notify the ZKO when posting workers.
In such cases, the Austrian employer has to apply to the AMS directly for a posting permit or an employment permit:
- Workers posted for up to four months require a posting permit, whereas an employment permit is needed for periods exceeding four months.
- An employment permit is always required for the construction trade and ancillary trades regardless of the posting period.
Cross-border hiring out of workers:
1. By undertakings established in the EEA or in Switzerland:
The foreign undertaking is required to notify the ZKO of workers hired out temporarily.
2. By undertakings established in third countries:
In this case, the Austrian company to which the temporary agency worker is assigned requires a special temporary employment permit (Überlassungsbewilligung).
The temporary employment permit, which must be applied for with the trade authority, can be issued only for
- highly qualified professionals where required for reasons related to labour market and economic policy,
- such workers are available from another country exclusively through a temporary work agency, and
- employing them does not jeopardise the wage and working conditions of Austrian workers.
An employment permit is required to be subsequently obtained from the AMS.
Posted or temporary agency workers who are third-country citizens require a visa and, when staying for more than six months, a residence permit.
Croatian citizens, like all other citizens of EU countries, require confirmation of registration when staying for longer than three months.
Administrative penalties ranging between EUR 1,000 and EUR 50,000 are defined per case of illegal employment of a foreign worker.