At a glance: short-term business transfers in Austria & More Latest News Here – Up Jobs

Short-term transfers

Visas

In what circumstances is a visa necessary for short-term travellers? How are short-term visas obtained?

The law applies the term ‘short-term traveller’ to business travel for a period of up to six months. A visa and a work permit are necessary for third-country nationals (citizens who are not nationals of the EU, the EEA or Switzerland) who work abroad but who intend to visit Austria for short periods to transact business on their own (freelance) or on their employer’s behalf.

In Austria, a distinction must be drawn between business visitors and short-term travellers on assignments (secondment) in general.

While travellers on assignment to Austria usually need a work permit, a business visitor can enter Austria without applying for a work permit or other declaration. However, business visitors can only carry out very short-term activities, such as business meetings and visits to trade fairs and conferences for a very short period. The interpretation of the term ‘short-term’ is still uncertain. General guidelines lead to the assumption that a stay of up to three days can be considered short-term. Business meetings, trade fairs or conferences are usually scheduled for only a few days (or a maximum of up to one week). The same applies to the demonstration of new technology in Austria by an assignee.

However, it is not considered a ‘short-term business visit’ if an assignee periodically carries out activities for a few days within weeks or months, or if the activities exceed one week. In these cases, all third-country nationals need a business or work visa in combination with a work permit.

If a business or work visa is required, the individuals must first obtain the respective certificates from the local labour market authority office and the individuals are then required to obtain the business or work visa by applying to an Austrian consular office in the individual’s country of origin or legal residence.

Restrictions

What are the main restrictions on a business visitor?

The general business meeting exemption applies only to very short activities of up to three days (with a maximum of up to one week) and is limited to activities that cannot be carried out by local employees in Austria. Therefore, business visitors can only perform certain activities while in Austria without obtaining a work permit. Permissible activities as a business visitor (without obtaining a work permit) are attending meetings, interviews and conferences, conducting site visits and other urgent task force activities. However, the law does not provide an exhaustive list; therefore, if the scope of the stay exceeds one week, the foreign employee does not qualify as a business visitor any longer but qualifies as an assigned worker. In this case, the employee needs a work visa C issued for a period of up to 90 days or a work visa D issued for not less than 91 days and not more than six months.

Individuals receiving their salary from an Austrian entity cannot be qualified as business visitors or employees on an assignment if they do not qualify as freelancers (self-employed persons). Business visitors can be reimbursed for expenses related to their travel to Austria and accommodation in Austria.

Short-term assignees shall, irrespective of the law applicable to the employment relationship, be automatically entitled to at least the remuneration determined by law, ordinance or collective bargaining agreement to which comparable Austrian employees are employed by comparable Austrian employers. Therefore, the foreign employer must pay the assignee the minimum salary (including also the pro-rata holiday and Christmas remuneration) in conformity with Austrian wages and working conditions during the assignment.

Moreover, any employer established in a foreign country must keep readily available the necessary documents to prove the remuneration payable and received by the employee (which must be compliant with the relevant mandatory provisions of Austrian law). These documents must be kept in German or English language at the workplace in Austria during the assignment period. In addition to the employment agreement (the assignment agreement) and the statement of terms and conditions required by law, the required pay documents shall include records of hours worked, pay records or evidence of the employer having paid out the remuneration (eg, remittance receipts issued by a bank).

EU, EEA, Swiss and third-country nationals employed with an EU, EEA or Swiss company and assigned to Austria must file a declaration to the Austrian authorities before the start of the assignment. Alongside the obligation to keep a copy of the filed declaration, the employer must keep the documents about the registration of the assignee with the home country’s social insurance (social insurance document A1) if the assignee is not subject to compulsory social insurance in Austria. For third-country nationals, the labour market authority issues an EU-secondment or an EU-assignment declaration after the declaration has been filed, which must also be held ready for potential inspections.

Short-term training

Is work authorisation or immigration permission needed to give or receive short-term training?

As of autumn 2021, employees employed by an employer based in the EU, the EEA or Switzerland do not need immigration permission to receive short-term training, even if the training takes several weeks, as long as there is a concrete training programme and the employees are merely attending the training without being incorporated into the organisation of the Austrian entity or contributing to the commercial activities of the Austrian company. In any case, a trainer needs to file a ZKO declaration (the online information filing system for employees of EU, EEA or Swiss-based companies assigned to work in Austria) to the Austrian authorities before the start of the assignment and keep the social insurance certificate and German or English language salary documents ready in case of an inspection by the authorities. However, certain activities as a trainer are exempted from these requirements, especially for up to 60 days if the training takes place within a group of companies.

Third-country nationals employed by an employer based outside the EU, the EEA or Switzerland need permission to receive short-term training or to act as a trainer, namely a training permit and, depending on the duration of the training, a business or work visa. A training permit is issued in the form of a declaration confirmation for volunteers, internships, training programmes or joint ventures and the young executive programme. It applies to the following:

• employees posted in the course of joint venture cooperation for training purposes for no longer than six months;
• employees of an international group of companies posted to the Austrian headquarters based on a qualified inter-company education programme for no longer than 50 weeks;
• foreign nationals seeking experience in the course of unpaid volunteer work; and
• foreign nationals studying at Austrian universities in the case of a compulsory internship under the degree programme.

 

These training or further educational measures involving third-country nationals must be notified no later than two weeks before the commencement by the owner of the domestic training facility or the headquarters to the responsible local labour market authority with proof of the joint venture agreement and the training programme or further educational programme, in which objectives, measures and length of the training or education must be indicated. The regional labour market office shall issue an acknowledgement confirmation within two weeks. The training or education may only commence after the acknowledgement confirmation has been issued. Certain training must also be notified to the competent Austrian fiscal authority at least two weeks before the start of the training.

After issuance of the training permit, the employee or trainee can apply for the respective visa at the Austrian consular office in his or her country of residence outside Austria. The visa will be issued based on the training permit received from the local labour market office. Some training programmes arranged between certain international universities are exempted from the notification requirements of the above-mentioned labour and fiscal authorities.

Further, the ICT regime facilitates assignments of third-country nationals to an Austrian group company. Third-country nationals holding an ICT card of another EU member state can be assigned to an Austrian group company for less than 90 days within 180 days. In this case, a ZKO declaration must be filed with the Austrian authorities before the arrival of the trainee in Austria. The labour market authority will then issue an EU-secondment declaration provided that all requirements for the assignment are fulfilled. In this case, no additional Austrian work visa is required.

Transit

Are transit visas required to travel through your country? How are these obtained? Are they only required for certain nationals?

If a third-country national travels from any non-Schengen Area country via Austria to another non-Schengen Area country and the third-country national is not visa-exempt under the visa waiver programme, the third-country national must apply for a transit visa (visa B) only if he or she enters Austria by leaving the transit area of the airport (eg, an overnight stay at an airport hotel).

Some nationals need an airport transit visa for Austria even if they do not enter Austria by leaving the transit area (eg, in the event of an aircraft transfer at the Austrian airport). The countries affected are Afghanistan, Bangladesh, the Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia, Sri Lanka and Syria. If these nationals are holding valid residence permits of some specific other countries (eg, Japan or the United States), they do not need to apply for a transit visa.

Visa waivers and fast-track entry

Are any visa waiver or fast-track entry programmes available?

Austria is part of the Schengen Area and an EU member state. As such, visa waiver agreements with several other countries apply. However, a visa waiver does not automatically mean that work permit and work visa requirements are also waived.

There are no general fast-track entry programmes available in Austria. Depending on the type of permit, processing times vary.

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