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Residence Permit - Seconded Employee

AustriaWork

Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

Posting of workers is the process whereby a foreign employer without a place of business in Austria temporarily posts workers in Austria to fulfil an assignment, usually on the basis of a contractual obligation such as a contract for work/services.

See recorded sources
Limits of the record
  • The captured official page does not establish every condition for this route; verify the remaining route-specific rules before approval.
  • captured paragraph
    Posting of workers is defined as the process whereby foreign employers without a place of business in Austria temporarily post workers in Austria to fulfil an assignment. Such work is usually carried out on the basis of a contractual obligation, in particular a contract for work/services.

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

For postings by third-country companies, the Austrian employer, not the foreign employer, must apply to the AMS directly for a posting permit or an employment permit.

See recorded sources
Limits of the record
  • The captured official page does not establish every condition for this route; verify the remaining route-specific rules before approval.
  • captured paragraph
    the Austrian employer has to apply to the AMS directly for a posting permit or an employment permit:

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

The route is defined by the employment relationship rather than by occupation or qualification: the worker is employed by a foreign employer without a place of business in Austria and is temporarily posted to Austria to fulfil an assignment, usually under a contract for work/services. A posted worker is entitled to at least the statutory pay plus special payments, overtime premiums and other bonuses and allowances due under Austrian law, decree or collective agreement. The official source does not state an occupation, qualification, experience or skill-level requirement.

See recorded sources
Limits of the record
  • The official source does not state an occupation, qualification, experience or skill-level requirement.

What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

The residence permit – posted worker entitles the holder to fixed-term residence in Austria. The work itself needs approval that the Austrian employer applies for directly at the Public Employment Service (AMS): a posting permit for postings of up to four months, or an employment permit for periods exceeding four months, and always an employment permit in construction. The official source does not state whether the holder may take up other work. Family reunification with holders of the seconded employee residence permit is not possible.

See recorded sources
Limits of the record
  • The official source does not state whether the holder may take up other work.

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

The residence permit – posted worker entitles the holder to fixed-term residence in Austria. It is needed where the posting exceeds six months; a posting of less than six months requires a visa instead, applied for only with the competent Austrian representation in the country of residence. The official source does not state the length of validity, how the permit is renewed, or any longer-term residence direction.

See recorded sources
Limits of the record
  • The official source does not state the length of validity, how the permit is renewed, or any longer-term residence direction.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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