1. Admission of foreign workers to Austria

2. Facts and figures Employment of workers of migratory background

3. Migration to Austria  1.353 million people of migration background lived in Austria as at January 2007, i.e. 16% of the entire population.  Only topped by Luxembourg and Lithuania (both with very high percentages of EU citizens), Austria has the largest proportion of people born outside its territory.  As regards third-country nationals, Austria ranks second after Greece within the European Union.

4. Employment  474,000 (or 13.6%) workers of migratory background were employed in Austria in 2006.  Employees of migratory background rose 22.3% from 2002 to 2006, while self-employed workers of such background soared 73%.  This signifies that this group of workers accounted for almost three quarters (71%) of employment growth.  More than 56% of all dependent workers of immigrant background are centred in only four business segments.  Business services: 70,000 (thereof 22,000 in the cleaning business and 14,700 in temporary agency work); retail and wholesale business: 66,600; tourism: 61,500; building industry: 51,300.

5. Facts and figures Unemployment and AMS qualification of workers of migratory background

6. Unemployment among foreign workers  The foreign workers‘ share in unemployment is 17.8%.  Owing to their low skills level foreign workers are at a specially high risk of unemployment: 77% of all foreign job- seekers registered as unemployed only have compulsory schooling (versus 40% of Austrian job-seekers).

7. Act Governing the Employment of Foreign Nationals (AuslBG)  Controlled access to the labour market: to meet labour demand  Objective: to strike a balance between labour supply and demand; prevent unemployment  Ensure compliance with agreed wages and working conditions to provide a level playing field for competition between companies  Penalise illegal employment

8. Two pillars: residence and work 1.Entry and residence Visa and residence title; asylum; border controls :  Federal Ministry of the Interior (BMF)  Competent authorities (indirect federal administration: governors of the Austrian states (Länder); district administration authorities; municipal authorities) 2.Work Admission to the labour market:  Federal Ministry of Economics and Labour (BMWA)  Public employment service (AMS) in terms of indirect federal administration

9. Scope: Who is subject to the AuslBG? 1.Basically any non-Austrian national (with a few exceptions) 2.Dependent employment A.employment relationships B.employment-type relationships C.training relationships (formal apprenticeships) 3.Self-employment: opinion obtained in alien law procedure on overall economic benefit

10. Social partners 1.Act Governing the Employment of Foreign Nationals (AuslBG) A.Legislative and executive power at federal level B.Competent ministry: BMWA (+ foreign nationals committee at federal level)  authority to issue ordinances and guidelines  authority to give directions to the public employment service (AMS) in special cases. 2.Execution by the AMS A.Regional AMS office + regional advisory board: first instance B.State AMS office + state directorate (foreign nationals committee at Länder level): second (appellate) instance C.Federal AMS office: administrative coordination

11. New admissions – third-country nationals Third-country nationals: “Zero quota” for workers, i.e. new permits are only issued for 1.key workers if quota space is available 2.seasonal workers if quota space is available 3.rotation workers 4.posted employees 5.others (au-pairs, volunteers, etc.)

12. New EU citizens New EU citizens: Permit regime remains in place, but: 1.Quota regime under alien law no longer applies 2.Labour market opinion required; if positive, new EU citizens also subject to A.unanimous approval by foreign nationals committee, or B.a good level of integration, or C.available quota space for seasonal worker, or D.applicable intergovernmental agreement, or E.federal ordinance governing maximum quota numbers (BHZÜV), such as for nurses and care workers, or F.2008 BHZÜV for skilled workers (50 occupations)

13. Admission of key workers - 1 1.Conditions A.Special qualification B.Minimum gross pay € 2,358 per month C.plus:  special supra-company importance, or  creation of new jobs, or  corporate decision-taking power, or  transfer of investment capital, or  tertiary education or other top training credentials

14. Admission of key workers - 2 1.Procedure A.Employer files application for a “settlement permit for key worker” with the competent authority on behalf of foreign national B.Public employment service (AMS) submits its opinion to competent authority C.Fixed-term permit (18 months) issued for job in question; permit is also recognised as residence title D.After 18 months: unrestricted settlement permit; no restrictions on job take-up 2.Application rejected if: A.No quota space available B.AMS opinion is negative (appeal to competent state’s AMS office)

15. Ordinances for skilled workers 1.First ordinance for skilled workers (1/5/2007)  800 permits max.  for turners, locksmiths, welders  only for new EU citizens 2.Second ordinance for skilled workers (1/1/2008)  permits for skilled workers in 50 occupations  subject to a jobless-to-vacancy ratio of ≥1.5  no maximum numbers  only for new EU citizens