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Weekly Tip 14# LocationAustria: Ensure timely planning when hiring foreign employees

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The Employment of Foreign Nationals Act (Ausländerbeschäftigungs-gesetz/AuslBG) does not apply to employees from the European Union or EEA due to the fact that they enjoy freedom of movement and the right to work in Austria within the context of the fundamental European freedoms. However, there are still restrictions to Croatian nationals in line with the transitional provisions governing its EU membership. 

Employees from countries outside of the EU and EEA basically require a residence permit and work permit. A businessperson in Austria is allowed to employ these persons when a work permit or posting permit is granted for the employee, or in cases where an EU posting confirmation or confirmation authorizing employment is issued, or when the foreign national is in possession of a valid work permit or exemption certificate for this employment.

The responsible authority in Austria is the regional administrative office of the Public Employment Service Austria (Arbeitsmarktservice - AMS).

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