Hiring employees from other countries presents several pitfalls. Many employers assume that a residence permit alone already grants permission to work in Austria. However, this is not the case.<\/p>\n\n\n\n
When hiring a foreign national, it is crucial to check the To check citizenship<\/strong>. Whilst EU, EEA and Swiss citizens benefit from free access to the labour market in Austria, third-country nationals are subject to special regulations regarding work permits.<\/p>\n\n\n\n A residence permit does not automatically grant permission to work in Austria. <\/strong>Non-Austrians who possess such a permit must also have a Employment permit <\/strong>to legalise their employment in Austria. For example, students also require a work permit according to the Foreign Nationals Employment Act, but can benefit from simplified conditions.<\/p>\n\n\n\n There are certain Residence permit<\/strong>, which signify a work permit in Austria, such as the \u201eRed-White-Red Card\u201c, the \u201eRed-White-Red Card Plus\u201c, the \u201eEU Blue Card\u201c, the \u201eDisplaced Person's ID\u201c (for Ukraine), and the \u201eSettlement Permit - EU\u201c. These titles must be carefully checked.<\/p>\n\n\n\n On the front of the card is the Period of validity <\/strong>noted, on the back of the Access to the labour market<\/strong>. Without such a card, an employment permit must absolutely be applied for from the AMS. This application must in any case be submitted by the employer before starting employment<\/strong> to be submitted. Please note, the procedure can take several weeks!<\/p>\n\n\n\n Infringements of the above employment regulations, such as registering a third-country national without the correct Austrian employment permit, can lead to high administrative fines<\/strong> under \u00a7 28 para. 1 AuslBG. Delays in reporting or an employment permit applied for retroactively do not change the illegality of the employment. The principle applies: a rule is a rule. This means that a penalty or the initiation of proceedings will automatically follow.<\/p>\n\n\n\n A correct, planned approach protects you from such consequences.<\/strong> Before employing a person, it is essential to carefully check their citizenship and, if applicable, their residence permit. In the case of a third-country national, it must be verified whether the permit directly allows access to the labour market or if an employment permit is required. Should you be unsure, our experts in labour law and payroll are available to answer your questions regarding work permits and will be happy to assist you with correct and careful processing.<\/p>\n\n\n\n Created: 27.05.2026Residence permit vs. work permit<\/h4>\n\n\n\n
Title for labour market access<\/h4>\n\n\n\n
Checking the maps<\/h4>\n\n\n\n
Massive consequences of errors<\/h4>\n\n\n\n
The correct procedure<\/h4>\n\n\n\n
Source: Company Service Portal<\/a>, AMS<\/a>
Photo: Mikael Blomkvist<\/sup><\/p>\n\n\n