Which requirements must be met for a confirmation of guaranteed work, an employment permit or a “residence permit – artist” to be issued?

The same requirements apply for a confirmation of guaranteed work and for an employment permit.  These requirements are also checked when applying for a “residence permit – artist”.

If a confirmation of guaranteed work is issued, the requirements must be checked before filing an application for an employment permit. Accordingly, on issuance of a confirmation of guaranteed work, the employer may legitimately expect that an employment permit will also be issued.

NOTE
An employment permit may be issued for foreign artists based on special provisions, even if the following requirements are not met (see Special provisions governing the issue of employment permits for foreign artists).

General requirements:

  • The labour market situation and development allows for such employment, and the
  • employment must not run counter major public and national economic interests.

Special requirements:

  • The employer must employ the foreign national for a job in his company;
  • The employer adheres to the terms of payment and work as well as social insurance regulations;
  • A statement on the notification of the works council (as appropriate) of the envisaged employment has been submitted;
  • Employment was not the result of unlawful placement of which the employer was or should have been aware of;
  • The employer did not dismiss or refuse the recruitment of any other person older than 50 years for this or a comparable job, unless dismissal or refusal was based on grounds other than age.

An employment permit will be refused if:

  • The foreign national has been repeatedly working without an employment permit in the past 12 months, or
  • The employer has repeatedly employed foreign nationals without an employment permit in the past 12 months; or
  • Employment started before the employment permit was issued, or
  • The employer has repeatedly contravened the notification duties arising under the Act Governing the Employment of Foreign Nationals (on notification duties see Which deadlines must be observed when applying for a confimation of guaranteed work or an employment permit?).

An employment permit is subject to a stipulation that foreign nationals must not be employed at payment and work terms that are less favourable than those applying to the majority of comparable national employees with a comparable performance or qualification. Non-compliance with this requirement may lead to a revocation of the employment permit.