From 1 January 2026, the opportunities to earn additional income during unemployment will be significantly restricted. Marginal employment in addition to receiving unemployment benefit or unemployment assistance will then only be permitted if one of the statutory „exceptional cases“ pursuant to Section 12 para. 2 AlVG applies. If there is no such exception, the option to earn a small amount of money in addition to receiving AMS benefits will no longer apply from 1 January 2026.
In principle, it is the responsibility of unemployed persons to fulfil the requirements for receiving unemployment benefit or unemployment assistance. However, from a company perspective, it makes sense to proactively inform the groups affected (new entrants and existing employees) of the new additional earnings restriction in Section 12 para. 2 AlVG.
Exceptions to the new ban on additional earnings
A distinction must be made between exceptional cases with no time limit and those with a time limit. The following regulations apply to both unemployment benefit and unemployment assistance.
Unlimited exercise or continuation of marginal employment
- Case constellation 1: If you have been in marginal employment for at least 26 weeks alongside fully insured employment and the fully insured employment ends, you can continue the marginal employment while receiving unemployment benefit without ending your unemployment. Please note: If the marginal employment is interrupted for even one day, the exception does not apply; a later resumption would be detrimental to the receipt of unemployment benefit or unemployment assistance.
- Case constellation 2 (long-term unemployment): Persons who have received unemployment benefit or unemployment assistance for at least 365 days may work marginally for an unlimited period of time if they also
* have reached the age of 50, or
* are beneficially disabled, or
* have a disability pass.
Interruptions in unemployment of up to 62 days are harmless. This means that the status of „long-term unemployed“ is not lost due to attempts at work or employment that end within the probationary period (the 365-day count does not restart in this case).
Temporary exercise or continuation of marginal employment
- Case constellation 3 (long-term unemployment without additional requirements): Long-term unemployed persons with at least 365 days of benefit receipt who do not fulfil any of the additional requirements from case constellation 2 may work marginally, but only for a maximum of 26 weeks. Interruptions of up to 62 days in connection with taking up work or illness do not interrupt the required „long-term unemployment“.
- Case constellation 4 (receipt of sickness benefit/rehabilitation/retraining allowance): Unemployed persons who have received sickness benefit, rehabilitation benefit or retraining allowance for at least 52 weeks are also only allowed to work in marginal employment for a limited period of time - for a maximum of 26 weeks.
- Case constellation 5 (training/retraining): Persons who complete retraining or further training on behalf of the AMS while receiving unemployment benefits or unemployment assistance, which lasts at least four months and comprises at least 25 hours per week, should also be allowed to continue to be marginally employed (initiative motion in the National Council of 20 November 2025).
Transitional cases for already ongoing marginal employment (started before 1 January 2026):
- Open-ended exceptions (cases 1 and 2): Marginal employment may continue unchanged alongside unemployment benefit or unemployment assistance from 1 January 2026.
- Temporary exceptions (cases 3 and 4): The marginal employment must be terminated by 30 June 2026 at the latest in order to continue receiving benefits.
- Case 5: Can also be used in transitional cases - for the remaining duration of the training programme.
- No exception: marginally employed persons who do not fall under any exception must end their marginal employment by 31 January 2026 at the latest („tolerance month“). Otherwise the entitlement to unemployment benefit or unemployment assistance expires.
- Important: From 1 January 2026, new marginal employment is only permitted in accordance with the new provisions - there is no „tolerance month“ for this.
The statutory restriction on the possibility of marginal additional earnings also applies to occasional employment. If there is no exception, unemployment benefit or unemployment assistance is not interrupted for the entire month, but only for the days of marginal employment. If the marginal employment threshold is exceeded, the consequences are stricter: the income earned is offset against the remaining monthly AMS benefits. In any case, employees are obliged to report each day of employment to the AMS and to register as unemployed again on the following day.
Link: Information on unemployment & marginal employment on the AMS website
Created: 01.12.2025
Source: Kraft & Kronberger specialised publications
Photo: Nataliya Vaitkevich
