Hungary/Austria: Whether there are minimum age restrictions on Hungarian nationals working in Austria

The Research Directorate was unable to locate reports specifying whether age restrictions are applied to Hungarian nationals working in Austria among sources consulted.

European Forum for Child Welfare reports that according to Austrian law, the general minimum age of employment is 15 years (EFCW 1 June 1998). With respect to Hungarians, the Austrian Bundesministerium für Auswärtige Angelegenheiten Österreich (BAAO, Federal Ministry for Foreign Affairs) specifies that Hungarian citizens do not require a visa to enter Austria (Austria 22 Apr. 2002). However, individuals seeking employment in Austria who are from states not party to the European Union or the European Economic Area (such as Hungary), are subject to the provisions of the Employment of Foreigners Act of 20 March 1975 (BGBI.218/75) as currently applied (ibid. 24 Aug. 2000). "This [law] regulates the conditions and procedures under which a foreigner can obtain the work permit, which is necessary for taking up employment in Austria (ibid.).

Hungary and Austria have signed bilateral agreements concerning labour migration, including one that allowed for 1,200 cross-border commuters [900 in 2000 (Embassy of Hungary May 2000)] to work in Austria (EIRO 11 Sept. 2001). A second agreement, "Exchange of Trainees," allows for 400 persons a year to work in Hungary (Embassy of Hungary May 2000). A May 2000 article published by the Ministry of Foreign Affairs in Hungary noted as well that the roughly 22,000 Hungarians working abroad with labour permits are primarily in Germany and Austria and are mostly covered by bilateral labour agreements (ibid.). In addition, the European Industrial Relations Observatory (EIRO), in 2001 Austria proposed to limit labour immigration in 2002 by abolishing the 2001 immigration quota for less-skilled labour, excepting only a quota for 15,000 seasonal and harvest helpers (11 Sept. 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Austria. Bundesministerium für Auswärtige Angelegenheiten Österreich (BAAO). 22 April 2002. 'Pass and Visa Requirements." [Accessed 7 Aug. 2002]

_____. 24 August 2000. "Questions of Employment Law." < [Accessed 7 Aug. 2002]

Embassy of Hungary, Madrid Spain. May 2000. "Free Movement of Workers." [Accessed 26 Aug. 2002]

European Forum for Child Welfare. 1 June 1998. "Roberta Cecchetti. Living on the Edges: Children Who Work in Europe. Hosted by Global March Against Child Labour. [Accessed 26 Aug. 2002]

European Industrial Relations Observatory. 11 September 2001. "Government Intends to Restrict Labour Immigration." [Accessed 23 Aug. 2002]

Additional Sources Consulted

Unsuccessful attempt to contact the Embassy of Austria, Ottawa

Unsuccessful attempt to contact the Government of Austria's Bundesministerium für Wirtschaft und Arbiet (Federal Ministry of Economics and Labour)

Internet sites including:

Austrian Federal Constitutional Laws

Bundesministerium für Wirtschaft und Arbeit (Ministry for Economic Affairs and Labour)

Bundesministerium für Wirtschaft und Arbeit (Ministry for Economic Affairs and Labour), National Action Plan

Cornell Law Links

Embassy of Austria, Ottawa

EUMAP

European Centre for Social Welfare Policy and Research

Federation of European Employeers (FedEE)

International Constitutional Law

International Labour Organization

Republic of Austria

Republic of Austria Constitution

Workpermit.com