NATIONAL LABOUR MARKET POLICIES
Basic Information Reports
2.4.1.12.Licences issued on the basis of the EU-Turkey Association Agreement
Since its entry into the EU, Austria is obliged to honour the duties ensuing from the 1963 Association Agreement with Turkey (Agreement on Founding an Association between the EEC and Turkey) and thus also the related Association Council Resolution 1/1980. The result of the relevant amendment to the Foreign Labour Act of 1.1.1998 is that Turkish nationals may now be issued with employment licences and dispensation certificates (instead of the previous notice of appraisal - Feststellungsbescheid) if they satisfy the conditions of the above resolution.
A Turkish national who fails to meet the conditions of the resolution is subject to the stipulations of the AuslBG which apply to all other foreigners. Thus, in addition to the rights ensuing from the Association Agreement and the Council Resolution, Turkish workers also enjoy the rights afforded to other workers from non-EU countries under the AuslBG, i.e. in particular they are entitled to a new or extended ("normal") work permit or ("normal") dispensation certificate.
The situation and development of the labour market must be examined in accordance with Art. 6, § 1, Section 2 of the council resolution when an employment licence is issued after three years of legal employment and in accordance with Art. 7, Section 1 for employment licences for family members after three years of residence. Thus, the possibility of employing Austrian or EEA nationals who are available to the labour market must be investigated before the employment licence may be issued.
Turkish nationals who meet the requirements of eligibility - for whatever reason - for an employment licence under the conditions of the council resolution must be granted a licence even when the upper federal limit of 8% of the Austrian labour force or the extended limit of 9% has been exceeded. The stricter admission procedure which usually applies in the case of Land limits having been exceeded is also waived.
The council resolution does not preclude the inclusion of employment licences issued under its terms in the federal upper limit, in Land limits or in existing quotas under § 12 of the AuslBG.
Certain (Turkish) family members of Turkish employees who are members of the regular labour market and who live in the same household are entitled under Art. 7 of the council resolution to a dispensation certificate after five years' residence.
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