When is a confirmation of guaranteed work or an employment permit required?
If a foreign artist is to be employed who holds a valid residence title that does not preclude employment, or enjoys freedom of settlement (Croatian nationals most likely by the end of June 2020), and does not fall under the exceptions set out in the chapter Employed artistic activity, an employment permit is required for taking up employment in Austria.
An employment permit is valid for a job which has been defined in terms of place of work and nature of activity and must be specified in detail upon application.
The confirmation of guaranteed work serves to recruit foreign artists who are to be employed in Austria for a fixed term and are not allowed to enter without a visa or who hold a residence title which does not allow for an employment permit to be granted.
The Baden City Theatre wants to employ a Ukrainian musician. She is to receive un unlimited employment contract. The Baden City Theatre must apply for a confirmation of guaranteed work at the PES in Baden. After review of the employment contract submitted and of the terms of payment and work, the PES in Baden will issue a confirmation of guaranteed work. The City Theatre transmits to the Ukrainian musician a copy of the confirmation of guaranteed work which she can use to apply for a residence permit – artist at the Austrian embassy in Kiev. The embassy will issue a visa C if the requirements under the residence laws (e.g. customary accommodation, sufficient means of subsistence) are met, allowing the musician to enter Austria. After having entered Austria, she can collect the residence permit, which is valid for one year, with the Baden district authority. After that, the Baden City Theatre will receive from the PES in Baden an employment permit without further examination for another year. Both the residence permit and the employment permit are renewable for one-year periods (no limitation on overall duration) provided that the conditions remain unchanged.