Author
The Aliens Employment Act (AuslBG) states that an employer can obtain an employment permit for an asylum applicant 3 months after the asylum application is admitted to the regular procedure, provided that no final decision in the asylum procedure has been taken prior to that date.[1]
The possibility of obtaining access to the labour market is restricted by a labour market test (Ersatzkraftverfahren), which requires proof that the respective vacancy cannot be filled by an Austrian citizen, a citizen of the EU or a legally residing third-country national with access to the labour market (long-time resident status holder, family member etc.).[2]
Applications for an employment permit must be submitted by the employer to the regional Labour Market Service (AMS) office in the area of the district where the envisaged place of employment is located. Decisions are taken by the competent regional AMS office. In the procedure, representatives of the social partners have to be involved in a regional advisory board. The regional advisory board must recommend such an employment permit unanimously. Appeals must be made to the Federal State AMS office that must decide on appeals against decisions of the regional AMS office. There is no further right of appeal.[3] The decision must be made within 6 weeks; in case of appeal proceedings, the same time limit must be applied.
In 2021, the Supreme Administrative Court struck down the decrees that limited the right to work of asylum applicants to specific work areas and to a specific time limit during the year.[4]
A further problem for asylum applicants working is the regulation in the Basic Care Acts of the state and the federal provinces that requires a contribution to Basic Care, if asylum applicants have an income. In practice, there is only an allowance of € 110 plus € 80 for each family member left to asylum applicants in most of the federal provinces, while the rest of the money earned contributes to the cost of reception.[5] Moreover, if they have been receiving an income for more than 3 months, Basic Care support is no longer provided. If the asylum applicant asks for readmission into Basic Care after they have finished the employment, cash contributions to the provision of Basic Care are demanded. In fact, it is assumed by the authorities that only about € 550 (1.5 times the basic provision amount) per month have been spent by the asylum applicant on subsistence and accommodation during the period of employment. Income exceeding this amount is deducted from the allowance received under Basic Care from that time onwards until repaid. As mentioned above, Tyrol has an allowance of € 240 per person, all other federal states € 110 per person.[6]
Moreover, asylum applicants are not registered at the Public Employment Service as unemployed persons. Therefore, they are not entitled to vocational trainings provided or financed by the Public Employment Service. As they are not registered as persons searching for work at the Public Employment Service, access to the labour market largely depends on their own initiative and pro-activity in job hunting. Their lack of resources can also be an additional obstacle in securing in job; e.g. when it comes to travel costs for job interviews.
Since 1 April 2018, asylum applicants admitted to the regular procedure for 3 months or more can also be employed through service vouchers in private households (e.g. for gardening, cleaning or child care etc.). Vouchers can be bought at the post office or online.[7] However, in practice, the necessary registration is complicated, and this possibility is not very known nor used. The Ministry of Social Affairs decided in 2018 that asylum applicants have no longer access to vocational training. Since then, the possibility of working through vouchers is one of the only possibilities to work for asylum applicants.
Non-profit work, voluntary work and internships
Asylum applicants can carry out non-profit activities and receive an acknowledgment of their contributions. Asylum applicants are allowed to earn up to € 110 per month.[8] These non-profit jobs include administrative and/or office assistance, translation services, support for parks and sports facilities, playgrounds, elderly care, assistance in nursery schools, school attendance services, assistance in animal shelters, or support for minor resettlements in the municipality.[9] Since April 2018, the Minister of Interior has the power to regulate which NGOs will be able to enlist asylum applicants on a voluntary basis for charitable activities and to set the maximum amount for such work.[10]
At the conferences of provincial councillors for refugees in September and December 2023, a discussion on mandatory work for asylum applicants was opened up. Specifically, the proposal focused on mandatory community service for asylum applicants. If they do not comply, it would be possible to cut basic care benefits. This proposal is controversial and was rejected above all in the NGO sector, migration researchers and workers organisations (Arbeiterkammer). Researchers highlight that there is no need for compulsory charitable work, as people want to work anyway. Conversely, it would be important to assess whether there enough ‘jobs’ positions would be available in case work for asylum applicants became mandatory.[11] The ordinance on the utilisation of asylum seekers and certain other foreigners for charitable aid activities came into force on 15 July 2024.[12] It extends the scope of activities considered for charitable work, which is welcomed in principle by NGOs. Asylum applicants are not only able to carry out charitable aid work in municipalities,[13] but also in other non-profit organisations (e.g. NGOs, nursing homes, etc.). In the exchange meetings, representatives of the NGOs reported that the payment for non-profit work varies. In federal organisations it is € 1.60 / hour, in the federal states it varies between € 3-5 Euros. In federal reception centres, the extension of the regulation was linked to an obligation to carry out these activities, at least 10 hours per month, with limited exceptions. All asylum applicants who do not fulfil this obligation will only receive half of the pocket money (see Reduction or withdrawal of reception conditions).
On 25 January 2017, the Ministry of Social Affairs submitted a decree to the Labour Market Service (AMS). The Decree clarifies that:[14]
- Asylum applicants are allowed to complete practical experience and internships within the framework of their training in vocational schools or secondary schools;
- Adult asylum applicants are also allowed to do unpaid voluntary work for certain companies. An asylum applicant may take 3 months in a one-year period with several companies.
Companies have to register asylum applicants for internships at the AMS no later than 14 days before the start of the internship. Interns are also entitled to reasonable remuneration.[15]
Statistical information
In 2021, the Constitutional Court ruled that the internal decrees denying the access to the labour market for asylum applicants (Barteinstein-Erlass) and access to apprenticeship for asylum applicants (Hartinger-Klein-Erlass) violated the fundamental rights of asylum applicants. As a result, asylum applicants can start an apprenticeship if certain conditions are met.
In 2024, 40 asylum applicants were working as an apprentice, 3,240 work permits were issued, and as of December 2024 1,938 asylum applicants had a valid working permit.[16] Beneficiaries of TPD have easier access to the labour market: Since April 2023, displaced persons from Ukraine no longer have to apply for a work permit. As of 16 February 2025, 20,574 were employed. For further information, see annex on temporary protection.
[1] Article 4(1) AuslBG.
[2] Ibid.
[3] Article 20(1) and (3) AuslBG.
[4] VwGH, Decision Ro 2019/09/0011, 28 April 2020, available in German here.
[5] In Tyrol, asylum applicants may earn €240 per month without contribution to the cost of basic care.
[6] asylkoordination Österreich, ‘Kompetenznetzwerk Grundversorgung’, last modified 17 March 2024, available in German here.
[7] Dienstleistungsscheckgesetz, 12 February 2018, available here.
[8] Wiener Zeitung, ‚Innenminister Ratz macht Kickls Entscheidung rückgängig‘, 23 May 2019, available in German here.
[9] Ministry of Interior, ‚Sobotka: Leistungskatalog für Hilfstätigkeiten von Asylwerbern erstellt’, 28 October 2016, available in German here.
[10] Article 7(3a) GVG-B.
[11] ORF.at, „Arbeitsverpflichtung rechtlich „fraglich““, 21 September 2023, available in German here and Keline Zeitung, „Beschluss zur Grundversorgung – oder doch nicht?“, 7 December 2023, available in German here.
[12] Verordnung gemeinnützige Tätigkeit, available in German here.
[13] Ministry of Interior, Information gemeinnützige Tätigkeite, available in German here.
[14] Oberösterreichische Nachrichten, ‘Asylwerber dürfen nun in Firmen schnuppern’, 1 February 2017, available in German here.
[15] Ministry of Labour, Anzeigebestätigungen gem. § 3 Abs. 5 AuslBG für Ferial- und Berufspraktika und Volontariate von AsylwerberInnen, 25 January 2017, available in German here.
[16] Enquiry to labour market service by asylkoordination austria, unpublished.