Foreign workers

The following persons and activities are excluded from the Ausländerbeschäftigungsgesetz (AuslBG) under certain conditions:

• Persons entitled to asylum and subsidiary protection
• Exchange teachers and language assistants within the framework of certain intergovernmental agreements
• diplomatic and consular activities
• pastoral activities
• crew members working in maritime and inland waterway transport
• specific managerial staff and internationally recognized researchers
• media reporters
• researchers within the meaning of the Researchers and Students Directive (→ EUR-lex)
• activities as part of EU education and research programmes
• displaced persons in possession of a displaced person's identity card
• foreigners who enjoy freedom of movement for workers (e.g. from EU or EEA member states)
• family member (→ oesterreich.gv.at) of Austrians who have a right to settle
• staff of the European Centre for the Development of Vocational Training
• teaching staff of certain international schools (Vienna International School, American International School Vienna, Danube International School, Graz International and Bilingual School, Linz International School Auhof, Anton-Bruckner-International-School, American International School Salzburg, Vienna Elementary School, Vienna European School, Amadeus International School Vienna, Japanese International School in Vienna, International School Carinthia, Academic high school Innsbruck, Lauder Business School and Schools of the Lauder Chabad Campus)
• exchange teachers and language assistants under certain intergovernmental agreements
• technical staff of air carriers 
• students and graduates under certain exchange programmes
• foreign nationals who have completed training in Austria in a nursing assistant profession, in the higher service for health and nursing care or training in a social care profession and are authorized to practice the professionteaching staff at universities of applied sciences (Fachhochschulen)
• military experts
• staff of the School of International Studies (Diplomatische Akademie) and of the Security Academy (Sicherheitsakademie)
• Au-pairs who have received confirmation from the AMS
• family members of employees of International Instiutions or International Non-Governmental Organisations, including Quasi-International Organisations.
• relatives of foreign diplomats on condition that the members of austrian diplomats are also allowed to work in the other country under the same conditions
• working holidaymaker (→ oesterreich.gv.at) from Argentina, Australia, Chile, Hong Kong, Israel, Japan, Canada, the Republic of Korea, New Zealand, Chinese Taipei and the United States of America between the ages of 18 and 31
• speciality chefs in fine cuisine from the People’s Republic of China
• Asylum seekers for the provision of simple household services in private households via the service voucher (→ oesterreich.gv.at)

In the case of a posting to Austria, a company without an Austrian registered office temporarily deploys its employees to perform work in Austria in order to fulfill a contractual obligation.

In the case of labor leasing (provision of personnel, personnel services) to Austria, an employer (transferor) makes its workforce available to another employer (employing company) to perform work.

Temporary employment is subject to the special labor law regulations of the Temporary Employment Act and requires official approval.

Certain procedural steps must be taken into account when posting and hiring out workers from third countries to Austria.

EU/EEA countries and Switzerland

Companies based in a member state of the EU, the EEA or Switzerland must notify the Central Coordination Office for the Control of Illegal Employment of the posting or assignment of workers before work begins.

If EU citizens are posted, they have freedom of movement for workers in Austria.

If third-country nationals are posted, an EU posting confirmation is required.

Companies based in a third country

Companies based in a third country (outside the EU, EEA and Switzerland) can only post or assign workers if they have a posting permit, an employment permit and/or a temporary work permit.

Formalities such as reporting obligations, labor law entitlements and obligations are linked to posting and hiring out.