NATIONAL LABOUR MARKET POLICIES
Basic Information Reports
2.4.1.7.Employment licence
An employment licence sanctions the employment of a foreign worker identified by name in a precisely defined job for a fixed term of maximum one year; the employment licence may be extended by one year at a time.
If the employer or the employees' duties in the firm change, a new employment licence is required.
Employment licences are issued when the current and prospective labour market situation are favourable, if the employment of foreign workers does not significantly impinge on public or economic interests and the employer meets the necessary requirements (e.g. observance of wage and working conditions and regulations concerning social security).
In addition, the social partners (regional council) must agree unanimously to the granting of the employment licence.
Should the representative parties not agree to the granting of the employment licence, the worker may only be admitted to the Austrian labour market if there are special reasons for doing so (e.g. the employment would be in the public or national economic interest, or the person is classified as a key employee); in this case an employment licence may be issued nonetheless.
When examining the situation and development of the labour market, the AMS must ascertain, in particular, whether a registered jobseeker (replacement worker) could be recruited for the job in question. Hence, placement of Austrian nationals, foreigners with equal status and integrated foreigners has absolute priority over approval of licences for new entrants, especially if the former are receiving benefits from unemployment insurance. Other persons who enjoy priority over new entrants include recognised refugees and non-Austrian relatives (spouses and children) of Austrian nationals.
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