Mitschrift

Access to the labor market & employment

Under what conditions am I allowed to work in Austria? Who represents my interests in the labor market? And what is an employment relationship? These are the questions addressed in this StartWien video. Let's start with the employers.

Employer and employee

An employer is a person who employs others for regular pay. As an employee, you provide your labor for a monthly salary. A distinction is made between manual workers, who work physically, and employees, who work in an office, for example. Both are employed and have an employment relationship with an employer. The rights and obligations in the labor market are regulated, among other things, by:

Labor law

collective agreements - for the industry in which you work

and work agreements - if there is a workers' council in your company. In Austria, there is also a strong interest group that stands up for your rights.

Arbeiterkammer, Trade Union and Workers' Council

The Chamber of Labor, the Arbeiterkammer, is the legal representation of the interests of employees in Austria. Almost all employees automatically have Arbeiterkammer membership. They receive the best advice and support and pay a small monthly fee. The trade union is a voluntary representation whose parent organization is called the Österreichischer Gewerkschaftsbund (Austrian Trade Union Confederation) - ÖGB for short. Sub-unions negotiate collective agreements and fight for the rights of their members. Anyone who wants to, can join for a membership fee. If five or more people are employed in a company, a workers' council can be elected. This workers‘ council represents colleagues in the company.

Employment relationship and work permit

There is self-employment and employment. Self-employed means that you have your own company. You are not self-employed if you work for a company. In this case, you are in an employment relationship with an employer. Attention: Even marginal or short-term work must be registered. Any form of “undeclared work" is punishable by law. If you have an EU or EEA passport, you do not need a permit to work in Austria. The situation is different for nationals from third countries. If you come from a third country, you need:

a residence permit with access to the labor market

or a work permit that is limited in time. Only then are you allowed to live and work legally in Austria. This also applies to seasonal work, tourism, harvest assistance or studies.

Vollzeit, Teilzeit und Geringfügigkeit

In Austria, it is customary to work an 8-hour workday and a 40 hour work week. In special circumstances, it is permitted to work up to 12 hours per day and 60 hours per week. Depending on the working hours, a distinction is made:

Full-time - if you work 40 ho¬urs per week. Collective agreements can shorten this "normal working time". Overtime must be mandated by a supervisor and duly compensated with a supplement (of 50%). (Overtime can be paid out or taken as compensatory time).

Part-time is when an employee works less than full-time and is registered and insured for, say, 20 hours per week.

Marginal employees are those who earn no more than a certain amount per month. They do not pay social security or income tax and are only insured against accidents.

Self-employment and company formation

If you want to start your own business, it is best to contact the Wirtschaftskammer (Chamber of Commerce). At wko.at and gruenderservice.at you will find a lot of information about registering a business and setting up a company. In addition, the Vienna Business Agency offers multilingual consultations and supports aspiring entrepreneurs. More at wirtschaftsagentur.at. With an EU or EEA passport you are allowed to establish a company in Austria. For regulated trades and crafts, you need a "Gewerbeschein" (trade license), which you can get at the Municipal Office. If you come from a third country, you must meet requirements and need:

a residence permit as a self-employed person

proof that the company provides an economic added value and benefit for Austria. For example, if shortage occupations are covered or jobs are created.

More information for third-country nationals in our videos on the topic of "Right of residence".