Which deadlines must be observed when applying for a confirmation of guaranteed work or an employment permit?
Applications for a confirmation of guaranteed work must be filed before the foreign artist enters Austria.
Applications for an employment permit must be filed before the start of employment.
Applications for a confirmation of guaranteed work and for employment permits take 6 weeks at most to be processed.
Employers are informed about the decision on the application by way of official notice (“Bescheid“), which will be mailed by post.
If the applicant is not served a decision on his application for an employment permit within 6 weeks, the employer may employ the foreign national and is entitled to written confirmation thereof, unless the deadline is suspended by way of notice sent by the regional PES office to the employer on account of a delay caused by the latter. The entitlement to take up employment ends upon service of the decision, however not earlier than 4 weeks after that date.
Duty of notification: The employer must notify the competent PES office in writing within 3 days of the beginning and end of employment of the foreign artist for whom a permit was granted. Violation of the duty of notification may be sanctioned with a fine of up to EUR 2000.
The employment notification form is available on the AMS website at. https://www.ams.at/content/dam/download/formulare/001_Beschaeftigungsmeldung.pdf
Moreover, the employment permit should be kept at hand at the company premises for inspection in case of checks.
Employment permits lapse automatically unless employment is started within 6 weeks of the contractual start of employment.