Living and Working in Austria Information for persons eligible for asylum or subsidiary protection AMS – For every facet of life. Foreword from the Board Dear Ladies & Gentlemen, This brochure of the Public Employment Service Austria (AMS) is aimed at all those feeing from war and persecution to Austria. The information contained should provide a good guide to living and working in Austria. We not only wish to address those feeing but also gratefully support all those innumerable persons in Austria voluntarily taking care of individuals seeking refuge in our country and helping them to integrate. We have tried our best to put together the most practical as possible information related to living and working in Austria. You will fnd information on fnding accommodation, an initial overview of the Austrian education and training system, practical tips related to fnding school, apprenticeship placement or German language courses as well as information related to health insurance benefts and services in particular offered to expectant mothers or families with children. We also list numerous established counselling points and supporting aids across Austria which can offer assistance regarding recognition of foreign school certifcates or legal issues. Furthermore this brochure also covers basic information related to the Austrian political system and the basic rules of co-existence along with the resulting rights and duties such as equal treatment of men and women, protection of children, personal freedom, and much more. We are aware that the path to the Austrian labour market is often anything but easy for many of the refugees in our country. This is also a result of often strongly varying requirements as well as educational and training systems. Since German language skills and often also professional qualifcations are in most cases the milestones on the road to fnding employment and successful integration, the Public Employment Service Austria with the support of the Austrian Federal Government also offers a series of qualifcation and support opportunities. This brochure also covers the basic details of these topics. We would like to wish all our readers all the best for successful living and working in Austria. Dr. Herbert Buchinger (on the right) Dr. Johannes Kopf, LL.M. (on the left) Chairman of the board Member of the board Living and Working in Austria 2017 2 TABLE OF CONTENTS 1. GENERAL 7 1.1 Geography & Population 7 1.2 The Political System 7 1.2.1 Elections & Electoral Law 8 1.2.2 Allocation of State Powers 9 1.3 Human Rights & Fundamental Rights 10 1.4 Federal Integration Act & Mandatory Integration Year 12 1.5 Women in Austria 13 1.5.1 Legal Gender Equality 13 1.5.2 General 13 1.5.3 Employment of Women in Austria 13 1.5.4 The AMS Offers for Women 13 1.5.5 Sexual Self-Determination 13 1.5.6 Violence against Women 14 1.6 Climate 15 1.7 Migration, Languages & Religion 15 1.7.1 Migration & Refugees 15 1.7.2 Languages 15 1.7.3 The Relation between State and Religion 16 1.8 Culture, Clubs & Associations, Leisure, Sports 16 1.9 Austrian & International Cuisine 17 1.10 Labour Market Facts & Figures 17 2. ENTERING & STAYING IN AUSTRIA 19 2.1 Residence of Persons Eligible for Asylum respectively Subsidiary Protection 19 2.2 Compulsory Registration 21 3. STANDARD OF LIVING 22 3.1 Currency 22 3.2 International Dialling Code 22 3.3 Emergency Numbers 22 3.4 Legal & Social Counselling 23 3.5 Retail/Supermarkets Business Hours 31 3.6 Opening a Bank Account 31 3.7 Motor Vehicles 32 3.7.1 Purchase of a Motor Vehicle 32 3.7.2 Driving License 32 3.7.3 Important Information related to Motor Vehicles 34 3.7.3.1 When your Vehicle Breaks Down 34 3.7.3.2 When you are Involved in an Accident 34 3.7.3.3 Compulsory Obligation to Equip Vehicles with Winter Tyres 35 3.7.3.4 Compulsory Obligation to Wear Seat Belts 35 3.7.3.5 Compulsory Obligation to Wear a Helmet 35 3.7.3.6 Motorway Vignette 35 Living and Working in Austria 2017 3 3.8 Housing 36 3.8.1 Accommodation during the Asylum Proceedings 36 3.8.2 Assistance in Finding Accommodation 37 3.8.3 Important Information related to Housing 43 3.8.3.1 Renting 43 3.8.3.2 Costs at the Beginning of a Rental Contract 43 3.8.3.3 Finding Accommodation in Daily Newspapers & on the Internet 45 3.8.3.4 Eligibility for Council Housing (Gemeindewohnungen) 45 3.8.3.5 Eligibility for Housing Association Accommodation (Genossenschaftswohnungen) 45 3.8.3.6 Registration for Gas & Electricity 46 3.8.3.7 Application for a Radio & TV License 46 3.8.3.8 Registration of Fixed Network Phones, Mobile Phones & Internet 46 3.8.3.9 Housing Subsidy 47 3.8.3.10 Rules of Co-Existence 47 4. SEEKING EMPLOYMENT IN AUSTRIA 49 4.1 Austrian Employment Service (AMS) 49 4.1.1 Your First Appointment at AMS 49 4.1.2 Offers Available on the AMS Website 50 4.1.3 Special Offers for Persons Eligible for Asylum respectively Subsidiary Protection 53 4.1.3.1 b.mobile – Cross-Regional Apprenticeship Placement Referrals 54 4.2 Job Vacancies Published in Daily Newspapers 55 4.3 Private Recruitment Agencies & Hidden Labour Market 56 4.4 Seasonal Work 56 4.5 Application Documents 57 4.6 Job Opportunities for Asylum Seekers 57 4.7 Becoming Self-Employed 58 4.8 Traineeship 59 5. TERMS & CONDITIONS OF EMPLOYMENT 60 5.1 Labour Law – Overview 60 5.2 Bodies representing Employees 60 5.2.1 Chambers of Labour and Austrian Trade Unions 60 5.2.2 Works Council 61 5.3 Terms and Conditions of Employment 61 5.3.1 Employment Contract & Position Specifcation Statement 62 5.3.1.1 Working Hours & Vacation Entitlements 62 5.3.1.2 Employment Termination 63 5.3.2 Short-Term Contracts as Independent Contractors (Freier Dienstvertrag) 64 5.3.3 Contract for Work & Labour and New Self-Employed 65 5.3.4 Self-Employment requiring a Business License 66 5.4 Family Hospice & Filial Leaves 69 5.5 Illegal Employment 70 Living and Working in Austria 2017 4 6. RECOGNITION OF FOREIGN GRADUATION CERTIFICATES 71 6.1 General 71 6.2 Assistance Services for Persons with Qualifcations Obtained Abroad 72 6.3 Recognition of Academic Graduation and Assessment of Academic Diplomas 74 6.4 Equivalence of Vocational Training (Completed Apprenticeship Training) 75 6.5 School Graduation Certifcation – Nostrifcation & Assessment 75 6.6 Recognition of Professions 76 6.6.1 Teachers 76 6.6.2 Health Sector 76 6.6.2.1 Medical Doctors 76 6.6.3 Lawyers 76 6.6.4 Architects – Construction Engineers – Civil Engineers 76 7. TAXES 77 7.1 Income Tax & Employee Tax Assessment 77 8. SOCIAL SECURITY 80 8.1 Health Insurance 82 8.1.1 Visiting a Doctor 82 8.1.2 Emergencies 83 8.1.3 Staying at a Hospital 83 8.1.4 Co-insuring Relatives 83 8.1.5 Medication 83 8.1.6 Sickness Benefts 84 8.2 Accident Insurance 84 8.3 Pension Insurance 85 8.4 Unemployment Insurance 85 8.4.1 Monetary Benefts 85 8.5 Means-Tested Minimum Benefts 86 9. LIVING WITH CHILDREN 88 9.1 Maternity Protection 88 9.1.1 White & Blue Collar Employees, Apprentices & Minimum Income Employees 88 9.1.2 Females Working on Short-Term Contracts as Independent Contractors 88 9.1.3 Self-Employed Females 89 9.1.4 Mother-Child Pass 89 9.2 Before the Child Delivery 90 9.3 After the Child Delivery 90 9.4 Parental Leave, Childcare Allowance & Parental Part-Time Work 90 9.5 Family Allowance 94 10. EDUCATION 96 10.1 Overview of Education & Training in Austria 96 10.1.1 Pre-School Facilities – Crèches, Kindergartens/Childcare Groups, Pre-Schools 96 10.1.2 School (Primary and Secondary Level 1) 97 10.1.3 Secondary Schools (Secondary Level 2) 98 10.1.4 Learning German at School 98 10.2 Teaching and School-Free Times 99 10.3 School Notifcation & Annual Certifcate 99 10.4 Registering at Kindergarten & School 100 Living and Working in Austria 2017 5 10.5 Costs, Subsidies & Free Travel Pass for Public Transportation 101 10.6 Initial Vocational Training – Apprenticeship 102 10.7 Further Education at Universities 103 10.8 Further Education & Adult Training 104 10.9 German Language Courses, Basic Education & Graduation from Compulsory Schooling 105 10.10 Training Counselling & Assistance in Finding a Vocational Placement/Job 107 11. MISCELLANEOUS 116 11.1 Buying Affordable Foodstuffs – Team Österreich Tafel 116 11.2 Clothing & Furnishings 116 11.3 Family Reunion/Search for Relatives 116 IMPRESSUM & DISCLAIMER 117 Living and Working in Austria 2017 6 1. GENERAL 1.1 Geography & Population Austria covers an area of 83,878 square kilometres with a population of 8,772,865 residents (as of 2017) including 1,341,930 foreign citizens (15.3 percent of total population), thereof 677,201 third country citizens, i.e. non-EU/non-EEA citizens and non-Swiss citizens (7.7 percent of the total population). Vienna is the most densely populated province of Austria with 4,335 residents per square kilometre; Tyrol is the least densely populated province with 58 inhabitants per square kilometre. The average life expectancy is 82 years. Austria is bordered by Switzerland, Liechtenstein, Germany, the Czech Republic, Slovakia, Hungary, Slovenia and Italy. Since 1995 Austria has been a member of the European Union (EU) and part of the European Economic Area (EEA) since 1994. a Graphic: Mag. Sandner-Winkler 1.2 The Political System Austria is a constitutional state. All persons living in Austria must observe the law, personal convictions or attitudes do not prevail over the Austrian laws. All laws are applicable to all persons and protect all persons equally. The state guarantees the rights of the residents through its acts of law. No one – not even politicians, police or courts – are above the law. Not only individuals have to conform to the laws, they also apply to the state and authorities such as district authorities (Magistrat). Austria is a democratic republic. There is a parliament; members of the parliament are representatives elected for a certain period. The acts of law are passed by the parliament and are then valid across the whole of Austria. The Austrian Federal Constitution is one of the major Austrian laws. The Austrian Federal Constitution contains for instance the European Convention on Human Rights and Fundamental Freedoms as well as the jurisdiction and enforcement of the Federation, and the constitutional law on the neutrality of Austria. Living and Working in Austria 2017 7 The Federal President is the head of the Republic. They represent the Republic of Austria abroad in addition to other duties (acting as Supreme Commander of the Austrian Armed Forces, appointing the Federal Government as well as high-ranking offcials of the provinces, etc.). Austria is governed by the Federal Government led by the Federal Chancellor. Governmental affairs are run jointly with the Vice-Chancellor, Federal Ministers and Secretaries of State. The state territory (the Federation) is comprised of nine federal provinces forming a monetary, economic and customs union. Vienna is the federal capital and seat of the supreme federal authorities. Each federal province is administered by its own government, headed by a provincial Governor (Landeshauptfrau/Landeshauptmann). Each federal province is comprised of administrative entities referred to as political districts. The district administrative authorities (Bezirkshauptmannschaft, BH) are the administrative authorities governing the districts. The district administrative authorities may for instance include registry offce (Standesamt), trade and industry authorities (Gewerbebehörde); each district is comprised of several smaller administrative units referred to as municipalities (Gemeinden) and cities. Every municipality/city is administered by the municipality offce (Gemeindeamt). Municipal district authorities (Magistrate) are the administrative authorities in towns and cities. The municipal council (Gemeinderat) along with the mayor (Bürgermeisterin/Bürgermeister) govern the municipalities/cities and towns. Vienna is both the federal capital and a federal province. Therefore there is a provincial parliament (Landtag) and municipal council (Gemeinderat) in Vienna. Vienna has municipal departments (Magistratsabteilungen, MA) having particular competences for the entire city of Vienna (e.g. MA 35: Immigration & Citizenship, MA 40: social centres) as well as district municipal offces (magistratische Bezirksämter) having responsibilities from both district administrative authorities and municipality offces. thereof citizens of Province Provincial Capital Population third countries Burgenland Eisenstadt 291,942 7,571 Carinthia Klagenfurt am Wörthersee 561,077 22,310 Lower Austria St. Pölten 1,665,753 79,128 Upper Austria Linz 1,465,045 90,940 Salzburg Salzburg 549,263 44,226 Styria Graz 1,237,298 54,825 Tyrol Innsbruck 746,153 41,445 Vorarlberg Bregenz 388,752 32,829 Vienna Vienna 1,867,582 303,927 Statistik Austria: January 1, 2017 1.2.1 Elections & Electoral Law Electoral law refers to the right to vote, i.e. eligibility to participate in political elections in Austria. All political institutions incorporated by the constitution are elected either directly or indirectly through secret, personal and democratic ballots. This means that no one in Austria may be forced to elect a certain person or a certain party. Every individual has the right to decide whom they want to vote for. Austrian citizens who are 16 or older may vote in the national parliament (Nationalrat) elections, the provincial parliament (Landtag) elections, municipal council (Gemeinderat) elections (EU citizens resident in the municipality may also vote in municipal council elections – Vienna has a special status), elections of Austrian representatives for the European Parliament (EU citizens with main residence in Austria also have the right to vote) and in the Federal President elections. The National Council (Nationalrat) is elected every fve years. A three-stage proportional electoral law is applicable; the voter gives their vote to a party and additionally a preference vote to an individual candidate. The votes cast are grouped into mandates (parliamentary seats). Living and Working in Austria 2017 8 The Federal President is elected directly by the people every six years, the provincial parliament and provincial government governing each of the federal provinces are elected every fve to six years, municipal councils (Gemeiderat) and/or mayors presiding over municipalities and/or cities/ towns – every fve to six years. Labour representatives are also elected. As employees, persons eligible for subsidiary protection and persons eligible for asylum can also cast their votes in the Chamber of Labour (Arbeiterkammer) elections, elections of the works council (Betriebsrat) or the youth consultative council (Jugendvertrauensrat), or if working in the civil service in the staff council (Personalvertretung) elections. 1.2.2 Allocations of State Powers In Austria legislative power, jurisdiction and administration are separate competencies. The National Council passes laws which apply to the whole of Austria. The preparation and implementation of laws is the responsibility of the Federal Government and/or provincial governments. The provincial parliaments represent the interests of the citizens in the individual federal provinces. Each province is administered by its own provincial government, headed by a provincial Governor (Landeshauptfrau/Landeshauptmann) elected by the provincial parliament. The competencies of the Federal Government include giving consent to draft bills which are then presented to the parliament. In Austria jurisdiction is federal competence. Court judgements and decisions are pronounced and published in the name of the Republic. Judges are independent in the exercise of their offce. Citizens may not attempt to bribe the state, its authorities or the court with money or through services. This is strictly prohibited and prosecutable. Proceedings before civil and criminal courts are verbal and public. The law however defnes exceptions to this legal principle. The Supreme Court is the fnal court of appeal for civil and criminal proceedings. Courts and the police are strictly separated on all levels of jurisdiction. The police, as an executive agency, are subject to the Republic of Austria. The Administrative Court (Verwaltungsgericht) is competent for disputes related to decisions passed by administrative authorities. The Constitutional Court (Verfassungsgericht) is competent for legal actions against the federal, provincial, regional and municipal authorities. Free of charge, legal advice related to labour and employment law matters is given on the so-called court days (Amtstag) at the district and provincial courts respectively at the Labour & Employment Court of Vienna (Arbeits- und Sozialgericht Wien) at specifed times. Amongst others, oral lodging of a claim, application or representation can be put on record. The Austrian lawyers associations offer an initial legal advice service in every province. In an initial free orientation meeting you will be assisted regarding your legal position and further strategy in your particular case. Please refer to the websites of the Austrian lawyers associations for more details and points of contact. The Austrian Ombudsman Board (Volksanwaltschaft) offers assistance when facing problems with authorities. Additional information: http://www.politischebildung.at/upload/polsystem.pdf (the political system) http://www.demokratiezentrum.org/ (democracy) https://www.help.gv.at/ (elections & electoral law) https://www.justiz.gv.at/ (judisprudence: courts and competencies) http://www.help.gv.at/ (citizens’ service and legal advice) https://www.rechtsanwaelte.at/ (lawyer associations (Rechtsanwaltskammer)) http://volksanwaltschaft.gv.at (Austrian Ombudsman Board (Österreichische Volksanwaltschaft)) Living and Working in Austria 2017 9 1.3 Human Rights & Fundamental Rights All persons living in Austria enjoy fundamental rights: “All citizens are equal before the law. No one may be discriminated against or favoured on the basis of birth, sex, origin, class or religion.” th (quotation based on http://www.migration.gv.at/, retrieved on: 27 of September 2017). Austria ratifed the European Convention on Protection of Human Rights and Fundamental Freedoms of the Council of Europe in 1958. All individuals living in Austria – irrespective of their origin, citizenship, type of their residence permit, sex, age, sexual orientation, language, religion and social position – enjoy certain fundamental rights. It is irrelevant on which grounds you are currently staying in Austria, whether you have left your country of origin voluntarily or had to fee, whether you are healthy or ill. All individuals living in Austria have these rights, the origin of which is human dignity. This means that all people are equal and enjoy certain fundamental rights which no one can or may take away from them. The fundamental rights are anchored in the Federal Constitution and can be enforced through the Constitutional Court. The fundamental rights include amongst others: ► Right to life (art. 85 of the Federal Constitutional Law (BVG), art. 2 of the European Convention th on Human Rights (ECHR), 6 AP to ECHR): the state is to protect the life of all persons irrespective of their origin. ► Right to liberty and security (personal freedom in the BVG, art. 5 of the ECHR): meaning that as long as you observe the laws you may live as you wish. ► Right to respect for private and family life (art. 8 of the ECHR): everyone has the right to decide on their profession, family life and residence. You may for instance share a home with other persons even if you are not married to them. ► Right to marry (art. 12 of the ECHR) ► Freedom of thought, conscience and religion (art. 14 and 16 of the State Constitution (StGG), art. 9 of the ECHR) ► Right to equal treatment of non-citizens (art. I of the BVG for implementation of the International Convention on the Elimination of all Forms of Racial Discrimination) ► Right to freedom of expression (art. 13 of the StGG; art. 10 of the ECHR): you can freely express your opinion in Austria. There are many freedoms also for media representatives (such as journalists) and also artists. It may happen that something is legally permissible although you personally may dislike it or it may contradict your belief or your personal conviction. There are however legal limits in Austria. The Prohibition Act for instance forbids formation of national socialist or right wing radical organisations or to advocate for their aims. It is also illegal to play down or negate Nazi crimes. This is aimed at preventing playing down any crimes committed during the Second World War as well as preventing revival of a similar political development. ► Right to proceedings before a legally instituted judge (art. 83, sec. 2 of the BVG) st ► Right to protection of property (art. 5 of the StGG; art. 1 of the 1 AP to ECHR): no one may be deprived of their possessions nor their possessions be destroyed. There are only very few legally regulated exceptions to this. ► Right to free selection of occupation and occupational training (art. 18 of the StGG) ► Right to data protection (art. 1 of the Data Protection Act) ► Right to privacy of correspondence (art. 10 of the StGG, art. 8 of the ECHR) and secrecy of telecommunications (art. 10a of the StGG, art. 8 of the ECHR) ► Right to freedom of assembly and association (art. 12 of StGG): as long as the assemblies and associations observe the fundamental rights and the legal regulations (e.g. Prohibition Act). ► Prohibition of torture and inhuman or degrading treatment or punishment (art. 3 of the ECHR): if you do not observe the law you become prosecutable. When you are in police custody or stand before the court, you have to be treated with dignity by the police, the court or in prison. The police may only exercise a necessary and appropriate degree of force during deployments. Living and Working in Austria 2017 10