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Transcript of Data de consulta: 15-01-2012 - uvigo. · PDF filealso applies to the part covering your...
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.
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
2
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.
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
3
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.
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
4
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.
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
5
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.
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
6
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:
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
7
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
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
8
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.
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
9
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
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
10
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
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
11
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
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
12
‘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
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
13
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.