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I’m working without papers

  • What does working without papers mean?

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    Working without papers means: You come from a country that isn’t in the EU/EEA. You work in Austria, but don’t have a “visa” (residence permit) or a work permit. Or you’re doing a job that doesn’t match your official residence and employment papers.

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    Some people call it “moonlighting” (“Schwarzarbeit”) or “sleuthing” (“Pfusch“). At UNDOK, we call it: working without papers or undocumented work.

    For example:

    • You don’t have a work permit.
    • You work more hours than the employment permit (Beschäftigungsbewilligung) allows.

    If you are working without the proper documents, or are unsure about whether you are working without the proper documents, you can seek advice from UNDOK: free of charge, anonymously and in your own language. We listen to you and support you!

  • I’m working without papers. What do I have to take note of?

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    When you work in Austria, you have rights. No matter where you come from or what your residence status is. Even if you work without a “visa” (residence permit) or a work permit, you have the same rights as everyone else.

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    Here are some examples:

    • You have the right to the minimum wagein the industry in which you work.
    • You have the right to social security.
    • You are entitled to holiday pay and a Christmas bonus in most cases.
    • You have the right to decent working conditions.

    However: if you work without papers, your rights are often not respected. If you have problems at work, it’s important to write everything down and collect evidence.This is very important if you do not have a written employment contract.

    Come to us at the UNDOK Drop-in Center: you can get information here about your options for asserting your rights. We listen to you and support you!

  • Will I be penalised if I work without papers?

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    You won’t receive a fine or prison sentence if you work without papers.

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    However: you can be blocked by the AMS (Public Employment Service Austria). For example, for unemployment benefit or for a work permit at later date. There can also be negative consequences for your residence.

    It is important for you to be well informed. So come to UNDOK for advice! We’ll discuss your situation and see what that means for your current stay.

  • I come from a country that isn’t in the EU. What can I work as?

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    What you are allowed to do depends on your status. You can find a list here. Click on your residence permit for the relevant information.

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    I come from a country that isn’t in the EU. What can I work as?

    As a recognised refugee or person granted asylum, you have free access to the labor market.

    That means: you can do any job you like and don’t need a work permit. You can also do an apprenticeship or a course of study.

    I have subsidiary protection (grey card).

    You have free access to the labor market.

    That means: you can do any job and you can do an apprenticeship or a course of study. You do not need a work permit (Beschäftigungsbewilligung).

    I’m an asylum seeker (green / white card).

    If you are in the asylum admission procedure (green card), you do not have access to the labor market. You are prohibited from working.

    If you are admitted to the asylum procedure (white card), you will have to wait 3 months. After that, you are allowed to work as an employee with a work permit (Beschäftigungsbewilligung). Or you can work independently, for example, with a business licence (Gewerbeberechtigung).

    You need a work permit for a job that is not self-employed. Only your boss can apply to the AMS (Public Employment Service Austria) for the work permit.

    The AMS then checks whether other people can do this job. For example, Austrian nationals, EEA citizens or migrants who have been living in Austria for a longer period of time. This is known as the labor market check (Arbeitsmarktprüfung). It is therefore very difficult to get a work permit.

    Important:

    • The AMS will send you a copy of the work permit by post. You are only allowed to start working when you have received this copy!
    • The work permit applies only to this specific job. It has a maximum validity of 1 year. After that, your boss must apply for a new work permit.

    I’m a student.

    As a student from a non-EU country, you will need a work permit (Beschäftigungsbewilligung) in order to work in Austria. Your boss must apply for the work permit with the AMS (Public Employment Service Austria).

    Important:

    • The AMS will send you a copy of the work permit by post. You are only allowed to start working when you have received this copy!
    • The work permit applies only to this specific job. It has a maximum validity of 1 year. After that, your boss must apply for a new work permit.

    If you work up to 20 hours a week, you will usually receive your work permit very quickly. If you work more than 20 hours a week, the AMS will be perform the labor market check (Arbeitsmarktprüfung).

    That means: the AMS will check whether other people can do this job. For example, Austrian nationals, EEA citizens or migrants who have been living in Austria for a longer period of time.

    Caution:

    your work must not interfere with your studies. That means: your work should not prevent you from taking exams and collecting enough ECTS credits!

    I have a Red-White-Red card (Rot-Weiß-Rot-Karte).

    The Red-White-Red card lets you work at a certain employer. However, you are not allowed to change employer.

    The Red-White-Red Card entitles you to temporary residence in Austria for a limited period of time, as long as you are employed by this one employer. It has a maximum validity of 24 months.

    I have a different residence permit.

    Come to us at the UNDOK Drop-in Centerand we’ll discuss your situation.

    I do not have a residence permit. / I don’t know my residence status.

    Come to us at the UNDOK Drop-in Center! We’ll discuss your situation. Even if you’re working without a valid residence permit, you have rights!

    Your details (such as your name and place of work) remain confidential. We will not pass them on to the immigration authorities or the police.

    You can also contact these organisations if you wish.

  • I have further questions…

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    Do you need more information? Come to our UNDOK consultation!

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  • I come from an EU/EEA country. What can I work as?

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    As an EU citizen or EEA citizen, you have free access to the Austrian labor market. You can also do an apprenticeship or a course of study.

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  • I am looking for a job. Can you help me?

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    Unfortunately, not. UNDOK cannot search for jobs for you.

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