Data de consulta: 15-01-2012 - Universidade de Vigo€¦ · Data de consulta: 15-01-2012...

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Fonte de información: http://ec.europa.eu/eures Data de consulta: 15-01-2012 Información recompilada por: Emilia Seoane Pérez, conselleira EURES (EURopean Employment Services) e profesora da Universidade de Vigo 1 AUSTRIA CONDICIÓNS DE VIDA E DE TRABALLO (VERSIÓN EN INGLÉS) BUSCA DE EMPREGO HOW TO FIND A JOB You can find out about job vacancies from the job adverts in newspapers (e.g. in the weekend editions), through the Employment Service (Arbeitsmarktservice (AMS)), through private employment agencies and through offers posted on the Internet (recruitment bureaux). ‘Word of mouth’ is also important: ask friends, relatives and neighbours. You can also obtain information on Austrian job vacancies through the EURES network via your country’s employment service or on the Internet. More than 700 specially trained EURES advisers work in the employment services of all EU/EEA countries and in Switzerland to help jobseekers find a job in another EU/EEA country. Management personnel are increasingly being recruited from other firms, either directly or through recruitment bureaux. In most cases, however, you still have to apply directly to the firm in question. Before you send off the application documents, you should first contact potential employers by telephone and/or by e-mail and ask whether the job/position advertised is still available. It is also common practice to send out applications when no job vacancy has been advertised (applying ‘on spec’). If you have agreed an interview date by telephone, in person or by e-mail, it is also customary to take along a curriculum vitae, references and confirmation of past employment. Texto editado por última vez: 02/2011 HOW TO APPLY FOR A JOB Application documents should always be written in German unless the vacancy notice stipulates another language. Send your applications by post or e-mail. It is also common practice to send applications to firms which have not advertised a vacancy (applying ‘on spec’). A complete application pack includes: A letter of application (covering letter); a curriculum vitae or Europass CV; references and certificates (school-leaving certificate, testimonials, evidence of attendance at important work-related courses); letter(s) of recommendation (where available); application photograph.

Transcript of Data de consulta: 15-01-2012 - Universidade de Vigo€¦ · Data de consulta: 15-01-2012...

Fonte de información: http://ec.europa.eu/eures

Data de consulta: 15-01-2012

Información recompilada por: Emilia Seoane Pérez, conselleira EURES (EURopean Employment Services) e profesora da Universidade de Vigo

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AUSTRIA CONDICIÓNS DE VIDA E DE TRABALLO (VERSIÓN EN INGLÉS)

BUSCA DE EMPREGO

HOW TO FIND A JOB

You can find out about job vacancies from the job adverts in newspapers (e.g. in the

weekend editions), through the Employment Service (Arbeitsmarktservice (AMS)),

through private employment agencies and through offers posted on the Internet

(recruitment bureaux). ‘Word of mouth’ is also important: ask friends, relatives and

neighbours. You can also obtain information on Austrian job vacancies through the

EURES network via your country’s employment service or on the Internet.

More than 700 specially trained EURES advisers work in the employment services of

all EU/EEA countries and in Switzerland to help jobseekers find a job in another

EU/EEA country.

Management personnel are increasingly being recruited from other firms, either directly

or through recruitment bureaux. In most cases, however, you still have to apply directly

to the firm in question.

Before you send off the application documents, you should first contact potential

employers by telephone and/or by e-mail and ask whether the job/position advertised is

still available. It is also common practice to send out applications when no job vacancy

has been advertised (applying ‘on spec’).

If you have agreed an interview date by telephone, in person or by e-mail, it is also

customary to take along a curriculum vitae, references and confirmation of past

employment.

Texto editado por última vez: 02/2011

HOW TO APPLY FOR A JOB

Application documents should always be written in German unless the vacancy notice

stipulates another language. Send your applications by post or e-mail. It is also common

practice to send applications to firms which have not advertised a vacancy (applying ‘on

spec’).

A complete application pack includes:

A letter of application (covering letter); a curriculum vitae or Europass CV; references

and certificates (school-leaving certificate, testimonials, evidence of attendance at

important work-related courses); letter(s) of recommendation (where available);

application photograph.

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The letter of application/covering letter:

Be sure to find out the name of your contact person in the company (e.g. the Personnel

Manager) and if possible address him or her using his or her correct title (e.g. Dear

Dr Müller). Refer to the newspaper advertisement or a telephone call in your letter.

Draw attention to two or three of your strongest points (professional experience,

professional and personal qualifications, motivation, commitment), indicating why you

are the ideal candidate for the position. Request a personal interview.

Curriculum vitae:

Your curriculum vitaeshould be brief, concise and clearly laid out, presenting the

essential facts. It should preferably consist of no more than two – or even better, one –

A4 sheet/s. Previous periods of employment should be arranged chronologically,

beginning with your first job and ending with your most recent one, or vice versa. This

also applies to the part covering your education and training. You can also use the

European Curriculum Vitae/Europass CV.

Pre-printed application forms:

If there are problem areas in your career history (e.g. previous convictions), leave the

relevant boxes empty. Where you are asked to indicate the salary you would like, enter

‘subject to agreement’. Enclose a curriculum vitae.

Texto editado por última vez: 02/2011

TRASLADO A OTRO PAÍS

FINDING ACCOMMODATION

You can find information on available apartments and other kinds of property in

newspapers (e.g. the Kurier – especially the weekend editions), from estate agents

(which you can find in the business telephone directory under real estate (Immobilien))

and on various Internet sites. City authorities and local councils also offer information

on vacant accommodation.

The average cost of accommodation (rent, repayment/annuities in the case of owned

apartments and operating costs) is lowest in Burgenland (2010: EUR 4.28 per square

metre), and highest in Salzburg (2010: 6.21 per square metre).

The rent per square metre depends on many factors such as proximity of good

communications and transport, infrastructure, residential area, and fixtures and fittings.

Inner city locations and locations in the outer suburbs with good transport links and

infrastructure are expensive. Smaller apartments are frequently more expensive per

square metre than larger ones. Operating costs (about 25% of the net rent) and heating,

gas, and electricity charges also have to be taken into consideration.

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Rents for the majority of primary leasehold apartments and local authority and housing

association apartments are regulated throughout Austria by the Landlord and Tenant

Act, (Mietrechtsgesetz) which, among other things, categorises primary leasehold

apartments (older buildings) according to their installations (heating, WC in the corridor

or in the apartment, hot water supply, etc.), and also sets upper limits for rents and

standard rental rates, periods for giving notice, etc. As a general rule, single-family

houses are not covered by the Landlord and Tenant Act. However, they are still subject

to legal requirements for periods of notice.

Before you conclude a lease or purchase contract, you should approach an appropriate

advice service (e.g. Tenants’ Association (Mietervereinigung), Association for the

Protection of Tenants (Mieterschutzverband), Consumer Information Association

(Verein für Konsumenteninformation), Chamber of Labour (Arbeiterkammer)) in order

to have your lease or purchase contract checked for legality.

Texto editado por última vez: 02/2011

FINDING SCHOOL

For the care of young children (aged six months to six years maximum), there are child

minders (Tagesmütter) and nurseries (Kinderkrippen). Most larger municipalities have

kindergartens (3-6 years maximum) and primary schools (Volksschule or Grundschule).

In rural areas, there is usually a junior secondary school (Hauptschule) or cooperative

intermediary school (Kooperative Mittelschule) (secondary level 1) in the nearest town.

If you opt for a higher general secondary school (allgemeinbildende höhere Schule

(AHS)), for example a grammar school (Gymnasium) (secondary level 1 and 2), or a

vocational school, for example a commercial school (Handelschule) (secondary level 2),

you can sometimes expect fairly long travel times in rural areas. In cities there is an

extensive network of schools, in provincial (Land) capitals and in Vienna there are

academies, higher technical colleges and universities.

You can obtain information on local child minders, nurseries and kindergartens from the

relevant local council or the municipal district office (in towns).

You can also obtain information on schools in your area from local councils, municipal

district offices, Land education boards, school advisory centres and educational

psychology establishments and from online school guides.

Many schools have a website where you can find basic information on the aims of the

school, its educational philosophy, curricula, enrolment procedures, etc.

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Questions regarding available school places, recognition of educational qualifications,

and grading are best discussed with the educational establishment of your choice

(preferably the principal).

Texto editado por última vez: 02/2011

Taking a car with you (includes information on driving licences)

The implementation of the principle of free movement of people, is one of the

cornerstones of our European construction, has meant the introduction a series of

practical rules to ensure that citizens can travel freely and easily to any Member State of

the European Union. Travelling across the EU with one’s car has become a lot less

problematic. The European Commission has set a series of common regulations

governing the mutual recognition of driving licences, the validity of car insurance, and

the possibility of registering your car in a host country.

Your driving licence in the EU

There is currently no common EU driving licence in place, but the EU Member States

have introduced a “Community Model” driving licence. This common model ensures

that driving licences issued by different EU countries are easily recognised in other

Member States. A principle of mutual recognition is generally applied. The licence is

issued in accordance to national law, but should incorporate provisions concerning the

Community Model, such as the basic conditions to be granted a licence.

Old driving licences issued before 1996 do not have to be exchanged for the new

Community Model driving licence and remain valid until their expiration.

If an EU citizen takes up residence in another Member State, it is not necessary to

exchange the driving licence, although many often do for practical reasons. Also, some

Member States require that additional data be entered onto the licence to fulfil certain

administrative requirements.

In the event of expiry, loss or theft, a new driving licence can be issued in the Member

State of residence, in accordance to national conditions. Citizens should contact the

competent authorities.

REGISTERING YOUR CAR IN THE HOST COUNTRY

In the event you reside in another EU Member State and drive your car there for more

that six months, you will be obliged to register the car with the local authorities and pay

the host country’s registration tax.

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Car Insurance

EU citizens can insure their car in any EU country, as long as the chosen insurance

company is licensed by the host national authority to issue the relevant insurance

policies. A company based in another Member State is entitled sell a policy for

compulsory civil liability only if certain conditions are met. Insurance will be valid

throughout the Union, no matter where the accident takes place.

Taxation

Value Added Tax or VAT on motor vehicles is ordinarily paid in the country where the

car is purchased, although under certain conditions, VAT is paid in the country of

destination.

More information on the rules which apply when a vehicle is acquired in one EU

Member State and is intended to be registered in another EU Member State is available

on the link "Motor vehicle tax".

REGISTRATION PROCEDURES AND RESIDENCE PERMITS

Within three days of taking up your apartment, house or room in Austria, you must

register with the relevant authority (registration office (Meldeamt) of the Federal Police

Service (Bundespolizeidirektion) in towns and cities with a Federal Police

administration; in Vienna, at the Registration Service (Meldeservice) of the appropriate

municipal district offices (Magistratisches Bezirksamt); in smaller communities, at the

local council offices (Gemeindeamt)).

You must bring with you: a completed residence registration form (Meldezettel),

passport, birth certificate and residence registration forms for all other places of

residence. You can obtain the Meldezettel from the relevant registration authorities, or

on the Internet.

EU/EEA citizens/Swiss nationals and their families (with EU/EEA citizenship/Swiss

citizenship) do not require a residence permit to enter Austria and take up residence;

they are exempted from visa requirements and are free to settle where they please. This

means you may stay in Austria for up to three months (if you can show that you are

looking for work) without any further formalities (but you must be in possession of a

valid passport or identity card). If you wish to stay longer in Austria, however, you must

have health insurance and sufficient funds to support yourselves and your relatives, and

be able to demonstrate that you are in employment, are self-employed or are undergoing

training in Austria. The appropriate authority must be notified of residence within 4

months of arrival in Austria. The authority issues a right of residence document

(Anmeldebescheinigung). Citizens of EU/EEA countries may in addition apply for a

Lichtbildausweis für EWR-Bürger (official identification with photo for EEA citizens).

The Lichtbildausweis counts as proof of identity.

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Special arrangements apply to privileged third-country nationals, i.e. dependents of

EU/EEA nationals/Swiss citizens who do not themselves possess EU/EEA/Swiss

citizenship.

Texto editado por última vez: 02/2011

CHECKLIST FOR BEFORE AND AFTER YOU ARRIVE IN A COUNTRY

Before leaving for Austria:

Obtain information on the labour market and on employment opportunities in the target

region:

http://www.ams.at (Austrian Public Employment Service (Arbeitsmarktservice

Österreich)) and http://ec.europa.eu/eures/ (EURES homepage).

Prepare the following documents:

Passport or identity card: even minors need one of these. Children entered on a parent’s passport are currently allowed to remain on it until the parent’s passport expires.

Take other personal documents (e.g. birth certificate, marriage certificate) with you. Obtain ‘E forms’ (forms standardised throughout Europe for the recognition and

certification of data relevant to your social and employment situation) for yourself and your family.

Form E 303 (U2) and E 301 (U1): have ready form E 303 for EEA countries or U2 for EU countries in order to transfer your entitlement to unemployment benefit from the country of origin if you are looking for work in the target country and documentation of periods of employment needed in order for benefits to be granted in the event of unemployment (E 301 for EEA countries, U1 for EU countries). Both forms are issued or confirmed by the responsible authority in the country of origin (in most cases the employment service).

Prepare your E card or comparable form (E 111) or other insurance protection for stays abroad.

Prepare motor-vehicle documents: driving licence, registration. (See also: Taking your own car with you when moving to another Member State)

Prepare certificates, diplomas, confirmation of past employment, references (originals and translations).

Prepare a curriculum vitae and an application in German. Take with you your children’s qualifications and school attendance statements

translated into German, as these will help to place your children as quickly as possible into the right school grade.

In addition:

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Organise accommodation (a room, apartment, etc.) or make hotel reservations. Make sure you have enough funds to cover costs arising in the first month (rent, living

expenses, etc.). Obtain sickness and accident insurance in Austria. Inform the authorities in your country of origin (registration authority, school, etc.) of

your move. Organise pet passports for domestic animals.

After arrival in Austria:

Open a bank account. Re-register your car. Report to the finance office responsible (tax, family allowances). Register for gas and electricity, telephone, television and radio. Register your children with the selected school (make contact with the school). Hand in your right of residence document to the administrative authority (local district

administration offices (Bezirkshauptmannschaft), municipal district offices (Magistratisches Bezirksamt)) if you intend to stay longer than three months.

Reporting your residence in Austria:

Report within 3 days of moving to Austria to the registration authority responsible.

If you already have a job:

Report immediately to your place of work. When you start work obtain confirmation of your registration for social insurance. Your employer must take care of the registration for social insurance.

The following applies to part-time employees, ‘new self-employed’ persons (Neue Selbständige) and self-employed persons: Register yourself and your family members at the appropriate social insurance office in Austria. You will receive a social insurance number and E card.

If you are looking for a job:

Report to the regional office of the Austrian Employment Service (AMS) within the period specified using form U1 or U2 or E 301 or E 303.

Texto editado por última vez: 02/2011

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CONDICIONES DE TRABAJO

KINDS OF EMPLOYMENT

In Austria, anyone can take a job from age 15 on. Until then, all young people are

required to attend school. Young people up to age 18 are covered by child and youth

protection legislation.

Part-time working is widespread in trade. Seasonal work is common in tourism and

the hotel and catering trade in cities and tourist areas. In the building trade, fixed-term

employment contracts are also possible. Freelance service and work contracts are

replacing conventional employment contracts in all fields of employment.

Nevertheless, the conventional contract of employment in a permanent employment

relationship with all its rights (leave entitlement, protection against dismissal, social

insurance, etc.) and obligations continues to be the usual form of employment contract.

Independent (freelance) contractors (e.g. language instructors) enjoy limited

protection under labour legislation, but – apart from one or two minor details – full

social insurance. From 1.1.2008 they are also subject to unemployment insurance. They

pay Chamber of Labour fees (compulsory membership of the Austrian Chamber of

Labour) and are covered by the employees’ provident fund (MitarbeiterInnenvorsorge)

(‘Abfertigung neu’ (‘new severance pay’)). But: in the absence of a specific agreement

between client and freelance contractor, freelance workers have no claim to statutory

benefits such as periods of notice, holiday pay, etc.

Minimally employed (geringfügig beschäftigte) workers (monthly income not

exceeding EUR 374.02 in 2011) are covered by accident insurance. The employer must

register this part-time employment with the health insurance provider. Voluntary health

and pension insurance is available, to be paid for by the minimally employed worker.

Under labour legislation (protection against dismissal, severance pay, etc.) minimally

employed workers are treated in the same way as employees in permanent employment.

Exception: If the working hours amount to one fifth of a normal working week (e.g. 8

hours in the case of a 40-hour week), the notice period is only 14 days unless agreed

otherwise. Such contracts are on the increase in some sectors (e.g. distribution).

The heading ‘new self-employed workers’ covers all commercial activities for which a

trade licence (Gewerbeschein) is not required (e.g. writers, consultants, translators,

lecturers, psychotherapists). The new self-employed have to report their activity to the

Social Insurance Institution for Trade and Industry. They are covered by sickness,

pension and accident insurance. Since 1 January 2009, self-employed persons have been

able to insure themselves against the risk of unemployment under an ‘opt-in’ model.

Part-time employees have the same insurance protection (sickness, accident,

unemployment and pension insurance) and are subject to the same statutory provisions

as workers and clerical workers in permanent employment relationships.

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The same applies to fixed-term employment contracts, although there are no periods of

notice since the employment relationship ceases at the end of the contract.

Apprentices (trainees) in all sectors must conclude their contracts of employment in

writing; they enjoy full insurance protection (sickness, accident, unemployment and

pension insurance) and have special protection against dismissal.

Seasonal workers in the hotel and catering trade are subject to special provisions

regarding their working time; there is full social insurance protection.

Agency workers enjoy full insurance protection, but are to some extent covered by

statutory provisions specific to them (e.g. short-term dismissal protection).

Voluntary workers have trainee status. They are under no obligation to perform work

and have no claim to remuneration.

EU/EEA and Swiss citizens basically enjoy the same rights as Austrians, except where

legislation governing the employment of foreign nationals provides otherwise.

Texto editado por última vez: 02/2011

EMPLOYMENT CONTRACTS

A contract of employment may be concluded in writing, verbally or implicitly (e.g.

commencement of the activity with subsequent payment). Apprenticeship agreements

must be concluded in writing.

Legally, a distinction is made between a contract of employment (Arbeitsvertrag), a

freelance contract (freier Dienstvertrag or freier Arbeitsvertrag) and a contract for

works (Werkvertrag).

If no written contract of employment is concluded, employees and independent

(freelance) contractors receive a statement of terms and conditions (Dienstzettel)

immediately on commencement of the employment relationship.

A Dienstzettel must contain the following information: name and address of the

employer; name and address of the employee; date on which the employment

relationship began; normal place of work; any classification in a general system;

intended assignment; basic salary or wages; any additional emoluments (e.g. bonuses);

date payable; annual leave entitlement; contractual normal daily and weekly working

hours; indication of the collective agreement or works agreement applicable; period and

term of notice. If the employment relationship is for a defined period, the Dienstzettel

must also state the date when the employment relationship is to end.

Changes to the contract of employment may not be less favourable to employees than

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the provisions of existing legislation, collective agreements or works agreements.

Illegal or unfavourable changes should be reported to the works council, the Chamber of

Labour or the trade union.

Special provisions apply to contracts for works (Werkverträge).

Texto editado por última vez: 02/2011

SELF-EMPLOYMENT

If you want to start a business, take over an existing business or set up a franchise

operation, you should first seek advice from the Chamber of Commerce in your

province, which will provide valuable tips and extensive advice and support for the

successful launch of your business. Guide for Business Start-Ups of the Austrian

Chambers of Commerce:

Guide for Business Start-Ups of the Austrian Chambers of Commerce:

http://www.gruenderservice.net/gsportal.aspx

In any case, before doing anything you should consider your objectives, market

opportunities, form of enterprise, location, costs and financing, assistance schemes

available, and so on. If you start your business to pursue a trade, you must apply for a

licence to trade from the trade supervisory authority, and you will probably also need an

operating permit for a business establishment. In addition, you must apply for a tax

reference number for your business activity from the competent Finance Office, and you

must register with the Social Insurance Institution for Trade and Industry

(Sozialversicherungsanstalt der Gewerblichen Wirtschaft) to be covered for sickness,

accident and pension insurance, as well as unemployment insurance if desired. Any

employees must be registered with the appropriate district health insurance fund.

If you wish to take over a business as its new owner, apply to the Nachfolgerbörse für

JungunternehmerInnen (Succession exchange for young entrepreneurs):

http://www.nachfolgeboerse.at/

You can obtain an overview of assistance schemes at:

http://www.gruenderservice.at/startseite_th.wk?SbID=1379&sort=0

You can find more start-up advice services at:

http://www.bmwfj.gv.at/Wirtschaftspolitik/Standortpolitik/Seiten/Unternehmensgründu

ng.aspx

For women:

http://www.wirtschaftsagentur.at/service/frauenservice/

Texto editado por última vez: 02/2011

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REMUNERATION

Employees receive remuneration for the services specified in their contract of

employment. The legislator classes as remuneration anything provided by the employer

which can be understood as being a consideration for the services performed by the

employee. It includes wages (manual workers), salaries (clerical or white-collar

workers) and apprenticeship allowances (apprentices).

The amount of remuneration is governed by laws, collective agreements and/or internal

works agreements; it also depends on individual factors such as age, qualifications,

working hours, assignment to duties (position), etc. Minimum wages are set by law

and/or by collective agreements and/or by works agreements for individual trades and

industries and/or individual plants. Collective agreements are written agreements with

the force of law governing working hours, working conditions, remuneration, etc.,

negotiated between workers’ representatives, e.g. trade unions, and employers’

representatives (e.g. Industriellenvereinigung (Federation of Austrian Industry)). Works

agreements are written agreements concluded between employers and the works council

in order, for example, to establish legal rules but also to set remuneration for the plant in

question.

In most cases remuneration is transferred to a salary account on the last day of the

month or on the first day of the following working month. In some cases workers

receive their wages weekly by cheque or in cash.

In most cases, remuneration is paid 14 times a year: 12 monthly salary payments plus

one month’s pay in the form of a Christmas bonus and one month for a holiday bonus

(special payments).

Taxes, social insurance contributions and other deductions (e.g. union contributions) are

deducted from gross pay and withheld by the employer, who then transfers them to the

relevant institutions (finance office, social insurance institution, etc.).

With their pay each month, employees receive a written statement of remuneration, their

payslip, which contains a precise breakdown of deductions (taxes, social insurance,

legally required and voluntary contributions, e.g. trade union dues). If an employee

leaves the firm, he/she also receives a payslip (final statement), which, for example, also

contains severance entitlements.

Freelance contractors are paid for the duration of their work assignment. In the absence

of any specific agreement, they are not entitled to pay rates fixed by collective

agreement or special payments. They are, however, entitled to a statement of terms and

conditions (Dienstzettel), in the absence of a written contract. If their contract continues

for a longer period, they receive their remuneration monthly. Freelance contractors have

to make their own arrangements for payment of taxes. Social insurance contributions

are paid by freelance contractors and employers. Social insurance contributions are

deducted and paid over by employers. There is no minimum wage. Under the

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‘Abfertigung neu’ (new severance pay) arrangements, freelance contractors are in the

same position as employed persons; they are members of the Chamber of Labour and

pay fees to it.

In contrast to a freelance contract, a contract for works and services arises from the

supply of a particular service (the work assignment). Remuneration is normally paid

after the contract has been fulfilled. For this kind of contract there is no entitlement to

pay rates fixed by collective agreement or to special payments. Persons covered by a

contract for works and services have to make their own arrangements for payment of

taxes and social insurance contributions.

You can obtain free legal advice from the Chambers of Labour, trade unions and the

Chamber of Commerce (responsible, for example, for contractors)

Texto editado por última vez: 01/2011

WORKING TIME

The Working Time Act (Arbeitszeitgesetz) applies to almost all private-sector

employees over the age of 18.

Normal working time is:

an eight-hour working day (working hours within a 24-hour period) a 40-hour working week (working hours from Monday to Sunday inclusive)

Collective agreements in many industries have shortened the working week, for example to 38

hours.

Exceptions: a collective agreement may extend the normal working day to 10 hours. To

obtain a longer continuous period off work (e.g. long weekend), the normal working

day can be extended from eight hours to the maximum of nine hours/day.

Under certain conditions, a 4-day week (4 x 10 hours) is possible.

Many collective agreements stipulate that the normal working week must be achieved

on average over a specific period (up to one year, but longer in individual cases), but

may be higher or lower in certain weeks (e.g. tourism, the hotel and catering trade,

distribution).

Breaks and rest periods: If continuous working time amounts to between six and nine hours, workers must be

allowed a break of at least half an hour. If the working day amounts to more than nine

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hours, workers must be allowed a break of at least 45 minutes. This break is not paid

and is not counted as part of total working hours.

At the end of the working day, employees are entitled to an uninterrupted rest period of

at least eleven hours. The weekly rest period is governed by the Rest Periods Act

(Arbeitsruhegesetz). Employees are in principle entitled to an uninterrupted rest period

of 36 hours which begins at 1 pm on Saturday and includes Sunday (weekend break).

Here too there are exceptions to these arrangements.

Part-time work: Part-time employees may not be discriminated against compared to full-time employees

simply because they work part-time. Extra work is classed as any working time between

the contractually agreed working time (e.g. 25 hours) or the working time reduced by a

collective agreement (e.g. 38 hours) and the normal statutory working time.

If the normal statutory working time is exceeded, this constitutes overtime work. A

statutory premium of 25% is applied to extra hours (but only on the condition that the

time off has not been used up within the quarter or within another agreed three-month

period).

Shift work: For shift work, the job is performed by several different workers over the course of a set

period. Under certain conditions, a shift of up to 12 hours is possible.

Flexi-time: Where it is possible, within an agreed framework, for employees to decide when their

normal working day starts and finishes, this is known as flexi-time. The employee must

be at work within the specified ‘block or core hours’. The flexi-time must be set down

in a works agreement or a flexi-time agreement.

Night work:

Since 2002 both men and women have been allowed to work nights on equal terms.

Only pregnant women, nursing mothers and young people below the age of 18 are not

permitted to work nights.

Overtime:

Overtime is accrued if the normal working time (8 hours a day or 40 hours a week) is

exceeded. According to the Working Time Act, overtime is to be remunerated with a

financial bonus or time credit.

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LEAVE (ANNUAL LEAVE, PARENTAL LEAVE ETC)

Employees have a minimum entitlement to paid annual leave of five weeks in each year

of work. When calculating leave according to working days (incl. Saturday) you are

entitled to 30 days’ leave in each year of work. After 25 years of service this entitlement

increases to six weeks. The working year commences on the date the employee started

work in the job. Minimally employed workers and part-time workers have the same

entitlement as full-time employees. In addition to their normal pay, many employees

also receive a holiday bonus (the ‘13th month’ pay cheque) at the same level as the

normal monthly salary, but taxed at a lower rate.

In the first six months of your first year of employment, your leave entitlement is

calculated in proportion to the time worked. From the start of the seventh month, you

receive the full leave entitlement; from the second year of employment, the full leave

entitlement accrues from the beginning of the working year.

You must agree with your employer when you may take your leave; your employer

must give his consent.

Should you fall ill for more than three calendar days whilst on leave, these days do not

count as leave. However, you must report your illness to your employer immediately

after 3 days’ absence, and provide a medical certificate.

Disabled employees and young persons are not in principle entitled to more leave,

except when stipulated in collective agreements or works agreements.

The following count as public holidays: 1 January (New Year), 6 January (Epiphany),

Easter Monday, 1 May (State holiday), Ascension, Whit Monday, Corpus Christi,

15 August (Assumption), 26 October (National Holiday), 1 November (All Saints),

8 December (Immaculate Conception), 25 December (Christmas) and 26 December (St

Stephen’s Day). For members of the Evangelical Church (Augsburg and Helvetian

Confessions), the Old Catholic Church and the Methodist Church, Good Friday is also a

holiday.

Sickness and continued remuneration:

The principle of continued remuneration ensures that, in the event of sickness, industrial

accident and occupational illness and during rest cure and convalescence leave, your

remuneration will continue to be paid. How long you continue to be paid depends on

your seniority, and different regulations may apply for white-collar workers and manual

workers. After that, you receive sick pay from your health insurance provider. The

amount of sick pay depends on your earnings in the last month before your illness and

the amount of continued remuneration paid to you. As an employee you are obliged to

inform your employer as soon as you become incapacitated for work.

Maternity:

The protection period (Mutterschutz) for expectant mothers normally begins eight

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weeks before birth and ends eight weeks thereafter. During this time the mother may not

be employed at all. During the protection period the employment relationship continues

to exist, i.e. salaries and wages continue to be paid and the mother receives a maternity

allowance subject to prior employment in a service relationship or simply the

possession of regular health insurance cover. From 1.1.2008, freelance contractors also

receive a maternity allowance.

Parental leave:

Mothers and fathers are entitled to parental leave (= release from work in return for

suspension of wages/salary) until the child reaches a maximum age of 3, provided they

live in the same household as the child. The minimum period of the parental leave is

two months. During this time, and provided the conditions are satisfied, childcare

allowance (Kinderbetreuungsgeld) may be drawn. From 1 January 2010, parents whose

children were born after 30 September 2009 may choose from 5 models of childcare

allowance. One model is income-based. You are protected from dismissal for up to four

weeks after the parental leave ends.

Educational and study leave:

If educational or study leave is agreed between 1.8.2009 and 31.12.2011, it may be

taken after 6 months of uninterrupted employment – rather than 12 months as was

previously the case. The minimum period has been reduced to 2 months. If education or

study leave is taken in parts, each part now has to last just 2 months. As before, it is

possible to take study leave in individual periods spread over up to 4 years. There may

be a maximum of 12 month’s paid educational or study leave.

Wages and salary will not be paid during this period, but the employee will receive a

further training allowance from the Employment Service (AMS) equivalent to the level

of unemployment benefit to which they are entitled. The employee must participate in a

further training measure of at least 20 hours per week.

Caring for a relative at home:

If you have to care for a member of your family living in your household, you may be

given time off work and continue to receive your pay, under certain conditions. Time-

off for care responsibilities is granted for one week. One further week per calendar year

is possible if a child who requires care has not yet passed the age of 12.

Compassionate leave:

Employees may take compassionate leave in order to care for severely ill children or to

be with dying relatives or may reduce or rearrange their working hours in such cases.

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ENDING EMPLOYMENT

Probationary period: during the probationary period a contract of employment may be terminated by the

employer or by the employee at any time without giving reasons. The probationary

period is in principle one month (apprenticeship: three months).

Termination of a fixed-term contract: employment ends automatically when the term of the contract has expired.

Termination by mutual consent: when an employee and an employer end an employment relationship by mutual consent,

no period of notice is required. It may be terminated verbally or in writing. Written

termination is recommended.

Unilateral termination: notice can be given verbally, in writing or implicitly (handover of work papers). No

reason for termination need be given.

Periods of notice and deadlines in the event of termination by the employer:

for white-collar workers: at least six weeks (to the end of the calendar quarter unless

otherwise specified in employment contracts and collective agreements).

for manual workers: two weeks in accordance with the Civil Code (Allgemeines

Bürgerliches Gesetzbuch (ABGB)); longer periods of notice are usually stipulated in

collective agreements and works agreements.

Periods of notice and deadlines in the event of termination by the employee:

for white-collar workers: one month (to the last day of the month); for manual workers:

two weeks (ABGB), unless agreed otherwise. Notice may be given in writing; no

reasons need be given.

Dismissal: Dismissal terminates an employment relationship with immediate effect. There must be

a reason for dismissal (e.g. persistent neglect of duties). Dismissal may be effected

verbally, in writing or implicitly. Even an unjustified dismissal terminates an

employment relationship with immediate effect; on the other hand, you can complain to

the labour and social security court.

Resignation: Resignation also terminates a relationship of employment with immediate effect. This

option is open to employees, for example in the case of gross neglect of duty by an

employer.

When an employment relationship is terminated, an employee is entitled to receive

his/her work papers and payment of outstanding monies. Work papers are: salary

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statement, certificate of employment; deregistration from the health insurance fund;

confirmation of work and remuneration; pay slip (L16); testimonial. NB: further

information can be obtained from the works council, Chamber of Labour, or trade

union.

Altersteilzeit (part-time employment in old age): This offers older employees the possibility of reducing their working time by up to 60%

without loss of pension entitlement. The Employment Service (AMS) provides up to

80% of the employee’s previous income. The minimum age at which older employees

could opt for this facility in 2011 is 53.5 years for women and 58.5 years for men.

Pension: Persons born before 1 January 1955:

Women can retire at 60, men at 65. Entitlements built up must represent either 180

insurance months within the last 360 calendar months or 180 contribution months (e.g.

by back-purchases of entitlements for school and study periods) or 300 insurance

months without deferral.

Persons born on or after 31 December 1954:

Women may retire at age 60 (until 2024) or at age 65 (from 2033), and men at age 65.

There is a further option for this group: they may retire when they have accumulated

180 insurance months from 1.1.2005 (or previous periods bringing up children), of

which at least 84 months must have been in employment.

Termination of employment on grounds of invalidity: There are different rules for white collar workers, manual workers and self-employed

persons related to age and circumstances:

the term used for invalidity differs depending on the employment category:

Berufsunfähigkeit for white-collar workers; Invalidität for manual workers;

Erwerbsunfähigkeit for self-employed persons.

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REPRESENTATION OF WORKERS

Trade unions: In Austria trade unions have a long tradition and are politically influential.

The 13 unions are organised in the Österreichischer Gewerkschaftsbund (ÖGB)

(Austrian Trade Union Federation). There are also regional organisations. In Austria

some 1.4 million employees are trade union members. A worker becomes a member of

a union on application. For employees, union contributions are deducted directly from

their pay. Membership of a union arises from occupational activity and the fact of

belonging to an industry. Trade unions represent the political, economic and social

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interests of employees vis-à-vis employers, the government and the political parties.

The tasks of the Austrian Trade Union Federation include negotiation of collective

agreements, inter-enterprise co-determination in the context of the economic and social

partnership, implementation of social improvements, safeguarding social standards,

safeguarding real wages, consultation of members as required by law, and so on.

The Chambers of Labour: These represent some 3 million employees throughout Austria. Membership is

compulsory. The contribution to the Chamber of Labour, the Arbeiterkammerumlage, is

deducted automatically from pay and amounts to 0.5% of gross wages. The Chamber of

Labour, like the ÖGB, represents the social, economic and political interests of

employees vis-à-vis employers, the government and the parties. Among the services

offered directly to employees are advice on labour law, legal representation in the

labour and social security court (cooperation with the ÖGB), employee protection,

protection of apprentices and young people, advice on social insurance matters and

wage accounting and tax matters, consumer protection, and a large number of training

and continuing training arrangements. The Chamber of Labour operates through

provincial organisations, which are grouped in the Federal Chamber. The Chamber of

Labour also has considerable political influence in Austria and is an important pillar of

the economic and social partnership.

The works council: Employees are in principle represented in the firm or plant by works councils. The

primary role of the works council is to represent the workforce (= employees) vis-à-vis

the business owner. The works council is elected by the employees of a business. A

works council may be established where the size of the business consistently exceeds

five employees. Works councils are used, for example, for unilateral terminations or

recruitment, and provide employees with information in matters of labour law.

The interests of self-employed persons are represented by professional organisations,

chambers (Apothekerkammer (Chamber of Pharmacists)), associations and federations

(Industriellenvereinigung (Federation of Austrian Industry)). You can obtain further

information from the Wirtschaftskammer Österreich (Austrian Federal Chamber of

Commerce) and its provincial organisations.

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LABOUR DISPUTES - STRIKES

The law governing labour disputes (strikes, boycotts and lockouts) is contained in the

Labour Constitution Act (Arbeitsverfassungsgesetz), yet both strikes and lockouts have

elements which can be classed as criminal offences. Any industrial action which

contains a demand as its goal in principle fulfils the conditions for coercion (Section

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105 of the Criminal Code (Strafgesetzbuch – StGB)), in some cases also those for

threatening behaviour (Section 107 of the Criminal Code).

Nevertheless, prevailing legal opinion is that criminal law is not applicable to labour

disputes. It is still a fact, however, that strikes and lockouts are essentially illegal actions

and in most cases represent a breach of a contract of employment.

Because of the complex legal position as regards strikes and lockouts, if you take part in

a strike or are affected by a lockout, you should seek advice from representatives of the

Chamber of Labour or a trade union.

For other kinds of labour dispute (e.g. bullying), you should consult a trustworthy

person at your place of work (e.g. the works council) or approach the Chamber of

Labour or the trade unions, which have special bullying counsellors.

In Austria there is no great tradition of strikes and lockouts. Most labour disputes (pay

rises etc.) are resolved around the table by bodies representing the interests of the

parties (Chamber of Labour, trade union, Chamber of Commerce, etc.).

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SEGURIDAD SOCIAL Y SEGUROS

THE SOCIAL SECURITY SYSTEM IN THIS COUNTRY

The social security system covers the following circumstances: Sickness, social welfare,

incapacity for work, invalidity, maternity, unemployment, old age, death of a person

liable to provide maintenance, survivors’ pensions, nursing care and poverty.

Typical characteristics of social insurance are: insurance is compulsory for persons who

are either self-employed or in paid employment and their dependants; insured persons

are legally entitled to some – but not all – benefits (once the conditions for entitlement

have been fulfilled); funding comes principally from income-related insurance

contributions and State support. The principle of solidarity applies: those with higher

incomes – who therefore pay higher social insurance contributions – help to fund

benefits for those in less favourable circumstances – i.e. with lower incomes. Some

groups (minimally employed workers etc.) are only subject to compulsory insurance in

limited areas, e.g. accident insurance (see section on types of employment).

Sickness insurance (prevention, sickness, maternity, nursing care) is administered by the

sickness insurance funds, accident insurance by the General Accident Insurance

Institute (Allgemeine Unfallversicherungsanstalt), unemployment insurance by the

Employment Service (Arbeitsmarkt Service (AMS)), pensions and insurance by the

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Pension Insurance Office (Pensionsversicherungsanstalt). The coverage of the sickness

insurance funds is evident from the place of work (sickness insurance funds are

organised regionally according to provinces (Bundesländer). Self-employed persons,

farmers, railway employees, miners and civil servants have their own social insurance

institutions which are independent of their place of work. All insurance bodies are

devolved into provincial and to some extent district agencies and are grouped centrally

in the Hauptverband der Österreichischen Sozialversicherungsträger (Association of

Austrian Social Insurance Institutions).

As an employee with an employment contract and statement of terms and conditions

(Dienstzettel) you are automatically covered by social insurance. Your employer takes

care of your registration with the insurance institutions. The insurance contributions to

be paid by employees are deducted every month from their gross salary/gross wages by

their employer. Persons insured voluntarily and, for example, the self-employed, pay

their own contributions and must register with the appropriate insurance bodies

themselves.

In addition to social insurance, there is the system of social assistance/means-tested

minimum income: Social assistance/minimum income in Austria is intended to plug the

gaps in other areas of social insurance. EU/EEA citizens can apply for social

assistance/minimum income to the local council office (Gemeindeamt) for their place of

residence, or, in towns and cities, to the municipal office (Magistratisches Bezirksamt)

(social services department). From 1.9.2010, the social assistance system will be

replaced by the means-tested minimum income system. Ask your local council or the

municipal district office whether your province has changed over to the means-tested

minimum income system already.

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UNEMPLOYMENT INSURANCE

The main benefits available under unemployment insurance are unemployment benefit

and emergency assistance. These and other benefits in connection with unemployment

and assistance in returning to working life are provided by the Austrian Employment

Service (Arbeitsmarktservice Österreich (AMS)).

Transferring entitlement to benefits from other EU/EEA countries and

Switzerland:

If you wish to transfer an entitlement to unemployment benefit from another EU

country to Austria while looking for work in Austria, you first have to contact the

appropriate employment service in your country of origin, apply for unemployment

benefit there and complete form U2 (‘Portable Document’ U2) or E 303 and have it

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confirmed. This form also contains the deadline for reporting to the regional office in

Austria.

After you have reported to the appropriate regional office of the Austrian Employment

Service (AMS), the foreign employment service will immediately be informed that you

are registered as seeking employment in Austria. This means that the foreign

employment service can make payments to you.

If you have not found a job in Austria within the specified period, then your entitlement

to benefits will only be protected if you return to your country of origin immediately

and promptly. Please pay close attention to the information that you receive on this in

your country of origin.

Unemployment benefit: You will receive unemployment benefit in Austria if:

you were in employment subject to compulsory unemployment insurance in Austria for at least 26 weeks during the past 12 months (in the case of those aged up to 25) or

you were in employment subject to compulsory unemployment insurance for at least 52 weeks during the past two years (in the case of a first claim for unemployment benefit by someone aged 25 or over)

you were in employment in Austria for at least 28 weeks during the past year (for subsequent claims)

However, you may already be entitled to benefits from Austrian unemployment

insurance in advance. When the qualifying conditions for eligibility are reviewed,

insurance periods accrued in other EU/EEA countries or Switzerland will also be taken

into account if you were in employment subject to compulsory unemployment insurance

in Austria for at least one day immediately prior to applying (‘one day rule’). For this

purpose, you must submit forms U1 or E 301, which have been completed by your

employment service, to the Arbeitsmarktservice Österreich (Austrian Employment

Service).

Amount of unemployment benefit in Austria: The basic amount is 55% of the

person’s net daily income. This is calculated on the basis of the annual assessment base

for social security contributions plus appropriate extrapolation factors for one calendar

year. Further information can be obtained from your regional office of the Austrian

Employment Service (AMS).

If you become unemployed, report to your regional office as soon as possible because

unemployment benefit is not paid retroactively. Please refer to the application form to

see which accompanying documents are required. Further information can be obtained

from your regional office.

Emergency assistance: If you have exhausted your entitlement to unemployment

benefit or childcare allowance (Kinderbetreuungsgeld) and are still unemployed, you

can claim emergency assistance as long as you remain available to the placement

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services and, in particular, are able and willing to work and are in urgent need of

assistance;

this benefit is also available to EU/EEA and Swiss citizens. Emergency assistance

amounts to 92-95% of unemployment benefit.

From 1.1.2009, self-employed persons may register for voluntary unemployment

insurance under certain conditions, and so accrue entitlements to be counted towards the

specified minimum period of employment.

Further financial benefits from the Austrian Employment Service (Arbeitsmarktservice

Österreich (AMS)) can be found at http://www.ams.at

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SICKNESS INSURANCE

Compulsory sickness insurance applies to almost all those in paid employment (see also

section on types of employment) as well as to most self-employed persons, persons

claiming unemployment benefit, pensioners and dependants of all these groups. Anyone

can seek voluntary cover for sickness and pension insurance. You yourself must pay for

a few services (e.g. for treatment by doctors or in hospitals not belonging to the social

insurance system – treatment by private doctors/private hospitals, orthodontic

treatments, dental bridges, etc.). As a rule, however, part of the cost will be reimbursed

by your sickness insurance fund(Krankenkasse). In the event of hospitalisation, a certain

sum is payable by the patient for each day spent in hospital.

In Austria, both insured persons and their dependants (usually husband/wife and

children up to age 18, or 21 if not in employment, or 26 if following a course of study)

are entitled to benefits. Children and spouses can be included in the insurance free of

charge. NB: Special provisions apply to childless spouses; inclusion in the insurance is

subject to a charge.

You and your dependants are entitled to receive medical care from a general

practitioner, specialist or dentist who has a contract with the sickness insurance fund. A

list of such doctors is available from your sickness insurance fund. Medicines are

prescribed by the practitioner and dispensed at pharmacies. You have to pay a

prescription charge of EUR 5.10 (2010) per item. You can claim exemption if your

income falls below a certain minimum amount. There is an annual charge of EUR 10 for

the E card (social insurance card) (exceptions apply).

Continued remuneration: If you are unable to work owing to an illness that is not the

result of your own negligence, your employer will normally continue to pay your

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wages/salary for up to 12 weeks. After that, sickness benefit will be paid by your

sickness insurance fund until your incapacity is certified as ended. Sickness benefit does

not correspond to the amount of the wage/salary. Persons requiring long-term care as a

result of illness or disability are eligible for a care allowance. Applications for care

allowance must be made to the relevant sickness insurance fund. Depending on the need

for care, a distinction is drawn between seven different levels of care.

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FAMILY AND MATERNITY BENEFITS

Many family benefits in Austria are payable partly in kind but mainly in cash. Cash

payments include: family benefit or child benefit (Familienbeihilfe, Kindergeld) and

child credit (Kinderabsetzbetrag), maternity benefit (Wochengeld), childcare allowance

(Kinderbetreuungsgeld), contributions to childcare allowance, advances on maintenance

payments (the State pays an advance on legal maintenance payments, for example, after

a divorce; the person liable for payment of the maintenance must repay the advance),

special family allowance (Familienzuschlag) (for unemployment support), etc. Benefits

in kind include: Mutter-Kind-Pass (‘mother and child pass’) examinations, travel for

school pupils and apprentices (with a small amount payable by the beneficiary),

sickness insurance, schoolbooks scheme (Schulbuchaktion) (with a small amount

payable by the beneficiary).

Family benefit: The same conditions for entitlement generally apply for persons with

EU/EEA citizenship and Swiss citizenship as for Austrian citizens. Family benefit may

be claimed for children up to age 18 and for children above the age of majority who are

undergoing vocational education or continuing vocational education up to age 26 under

certain conditions but essentially provided the parents and the children have their main

residence in Austria. The amount of family benefit depends on the age of the child.

Family benefit is only granted on a written application to the appropriate Finance Office

(Finanzamt) using the proper form.

Changes to the drawing of family benefit are expected from 2011. For further

information please see the web site of the Bundesministerium für Wirtschaft, Familie

und Jugend (Federal Ministry of Economy, Family and Youth).

Maternity benefit (Wochengeld): Provided the mother is in paid employment,, fully

insured as a freelance contractor or in minimal employment and self-insured, for

example, she is entitled to maternity benefit from the eighth week before the birth and

for eight weeks afterwards (Mutterschutz). The amount of maternity benefit is

calculated differently for the target groups listed above. The agency responsible is the

appropriate sickness insurance scheme (Krankenkasse). Self-employed mothers receive

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business assistance (Betriebshilfe); the agency responsible is the Gewerbliche

Sozialversicherungsanstalt (Social insurance Institution for Trade and Industry).

Kinderbetreuungsgeld (childcare allowance): When the maternity protection period

is over, parents (mother or father) can claim a childcare allowance. It is also paid to

those groups of people who are not in employment or covered by compulsory social

insurance (e.g. housewives, students, freelance workers). The amount payable depends

on the benefit duration: from 2010, 5 different models will exist, one of them income-

based. With four models, the rule is: the shorter the period for which childcare

allowance is drawn, the higher the daily amount. Additional earnings up to a maximum

of EUR 16 200 per year are permitted. With an income-based model, additional

earnings of up to EUR 5 800 are possible. Applications for childcare allowance should

be made to the competent sickness insurance fund (Krankenkasse).

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PENSIONS

Austrians use the word ‘Pension’ when referring to pensions and retirement in

preference to ‘Rente’, as used in Germany.

Pension: Persons born before 1 January 1955:

Women can retire at 60, men at 65. Entitlements built up must represent either 180

insurance months within the last 360 calendar months or 180 contribution months (e.g.

by back-purchases of entitlements for school and study periods) or 300 insurance

months without deferral.

Persons born after 1 January 1955:

Women may retire at age 60 (until 2024) or at age 65 (from 2033), and men at age 65.

There is a further option for this group: they may retire when they have accumulated

180 insurance months from 1.1.2005 (or previous periods bringing up children), of

which at least 84 months must have been in employment.

A pension is granted on application to the pension insurance institution. The amount of

the pension depends both on the amount of contributions paid and on the age of

retirement.

Altersteilzeit (part-time employment in old age): This offers older employees the

possibility of reducing their working time by up to 60% without loss of pension

entitlement. You will receive up to 80% of your previous income with the grant from

the Austrian Employment Service (AMS). The minimum age at which older employees

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could opt for this facility in 2010 is 53 years for women and 58 years for men, and this

minimum age will be increased by six months every year from 2011.

Different terms are defined under the heading of invalidity in Austria depending on the

occupational group: the terms used for invalidity in Austrian pension insurance are as

follows: for clerical workers: Berufsunfähigkeit; for manual workers: Invalidität; for

self-employed persons: Erwerbsunfähigkeit.

Invalidity (clerical workers): the insured person’s capacity for work is reduced to such

a degree that it amounts to less than half that of a healthy insured person with

comparable professional training and equivalent knowledge and skills.

Invalidity (manual workers): a distinction is made between skilled and unskilled

professions.

For skilled professions: the capacity for work has fallen to half of the capacity of a

physically or mentally fit beneficiary with similar training, knowledge and skills, in any

profession that can be cited in evidence (vocational protection),

For unskilled professions: a person is no longer able to earn, from any reasonable

activity, half of the sum that a physically and mentally fit person could be expected to

earn from the same activity.

Invalidity (self-employed): persons up to age 50 are not able to pursue any gainful

activity because of their state of health. The amount of the pension depends both on the

amount of contributions paid and on the age at which the pension is claimed. The

agencies responsible are the Pension Insurance Institute or (for the self-employed) the

Social Insurance Institute for Trade and Industry (Sozialversicherungsanstalt der

Gewerblichen Wirtschaft). A separate definition is applied to the over-50s.

Survivor’s pension: awarded to dependants of deceased persons in order to give them

financial security. There must be a minimum period of cover in the pension insurance

depending on age. A distinction is made between a widow’s/widower’s pension and an

orphan’s pension.

Widow’s/widower’s pension: the amount of a widower’s or widow’s pension is

between 0% and 60% of the pension of the deceased.

Orphan’s pension: the amount of an orphan’s pension is 40% of the

widow’s/widower’s pension for single orphans or 60% of the widow’s/widower’s

pension for double orphans. Widows’/widowers’ pensions and orphans’ pensions must

be claimed from the institute with which the insured person was insured in the last 15

years.

In the event of industrial accidents and occupational diseases, an invalidity pension, as

well as widows’/widowers’ pensions and orphans’ pensions, can be claimed under

accident insurance from the Accident Insurance Institute (Unfallversicherungsanstalt).

Fonte de información: http://ec.europa.eu/eures

Data de consulta: 15-01-2012

Información recompilada por: Emilia Seoane Pérez, conselleira EURES (EURopean Employment Services) e profesora da Universidade de Vigo

26

Texto editado por última vez: 02/2011

HEALTH CARDS

The European Health Insurance Card

The European Health Insurance Card is an essential step towards the simplification of

our various healthcare systems. Introduced in June 2004, the card substantially

facilitates access to medical assistance for EU citizens travelling to another Member

State. Furthermore, it guarantees a quick and simplified reimbursement of expenses

incurred locally or shortly after return to the place of residence. Since 1 January 2006,

the European Health Insurance Card is issued and recognised by all concerned countries

and replaces the previously used paper forms, such as the well-known E 111.

Who is entitled to the EHIC?

The European Health Insurance Card is issued to:

- EU nationals

- nationals of the European Economic Area (EEA)

- Swiss nationals

- family members of the above, whatever their nationality

- nationals of other countries, who are covered by a social security system in one of the

Member States of the EU, the EEA or Switzerland

The EHIC should be requested from one’s national health insurance institutions before

leaving for another EU country. All EU citizens are strongly advised to carry their

European health insurance cards when travelling to other countries.

Benefits

While the main purpose of the European Health Insurance Card is to ensure easy access

to health services during a temporary stay in another country, it also provides a series of

additional benefits, for healthcare providers, patients and insurers alike. The main

advantages of the EHIC may be summarised as follows:

- facilitated access to health care abroad

- quick and easy reimbursement of expenses

- security of data

- improved reliability

- less administration

- simplicity – simpler and faster procedures for obtaining healthcare

Fonte de información: http://ec.europa.eu/eures

Data de consulta: 15-01-2012

Información recompilada por: Emilia Seoane Pérez, conselleira EURES (EURopean Employment Services) e profesora da Universidade de Vigo

27

Generally speaking, this ‘smart card’ contains only basic information such as the card

holder’s name and surname and date of birth, but no medical details. It is simple to use

and easily recognisable. Further, the information is presented in a standardised way, so

that it could be read regardless of the language.

What is a „Smart Card‟?

A "smart card" is a pocket-sized plastic card, which looks identical to usual bank or

credit cards.

Smart Cards have a small gold chip on the front. When inserted into a specific reader,

the chip makes contact with electrical connectors that can read information from the

chip and write information back.

What information is saved on my health card?

The only personal information on the European health insurance card is the card

holder’s surname and first name, personal identification number and date of birth. The

European health insurance card does not contain any medical data.

Where is my health card accepted?

The EHIC can be used to receive any kind of health service, being it at a general

practitioner, a hospital or a pharmacy. The EU Member States are responsible for the

introduction and dissemination of the health cards, but also for the provision of all

concerned health care facilities with card readers.

Using the European Health Insurance Card abroad

It is important to note that the health insurance card does not provide for cases in which

a patient intentionally decides to obtain medical treatment abroad. Rather, it is intended

to insure people travelling to other countries for a limited period and thus covers

medical care which becomes necessary during a stay on the territory of another Member

State. When a need for access to healthcare arises, treatment will be provided according

to the rules of that particular country (for example if healthcare is free of charge in that

Member State, the visiting patient will also be entitled to free medical care when

presenting his/her European Health Insurance Card).

The provisional replacement certificate

In case the individual in need of medical assistance is not in possession of his European

Health Insurance Card, he can alternatively present a provisional replacement certificate

that can easily be sent by fax or e-mail by the relevant home national health insurance

institution. This certificate is equivalent to the EHIC and entitles the patient to the same

treatment and reimbursement of benefits.

The design of the European Health Insurance Card

Fonte de información: http://ec.europa.eu/eures

Data de consulta: 15-01-2012

Información recompilada por: Emilia Seoane Pérez, conselleira EURES (EURopean Employment Services) e profesora da Universidade de Vigo

28

The design of the European Health Insurance Card is identical in all Member States and

bears the European symbol. There are two variations of this layout:

- Standard EU design placed on the front of the card – leaving the back of the card free

for content chosen by the respective Member State

- Standard EU design placed on the back of the card – in this case the Member State

places the EHIC on the back of the existing national or regional health card

Each Member State can opt for one of the possible variants when issuing the health

card.