Labor Law
In order to work as actors, musicians, or visual artists across national borders, artists and cultural workers need to familiarise themselves with the labour law regulations of the country in which they wish to work. After all, in order to be able to practise their profession, they first have to deal with questions about contracts, taxes, work permits, remuneration, and many other topics.
However, it is a person’s employment relationship that is always at the core of every professional activity: are you self-employed? Are you employed? How much are you paid?
In the following chapter, you will find out about the opportunities artists and cultural workers have if they wish to pursue their professional activities in other countries. Labour law regulations and requirements revolve around three key points:
- whether you want to work within the European Union/European Economic Area or elsewhere;
- whether you are an EU/EEA citizen or a third-country national;
- whether you want to be self-employed or an employee.
The question of whether you are allowed to work in another country is closely linked to the question of whether and for how long you are allowed to stay in that country. To find out more on this topic, read the information in the chapter on visas and residence.
Where do you want to go?
At the beginning of every international career as an artist or cultural worker, the question arises as to where you want to go. This is very important—because labour law can be very different, depending on which country you work in.
It is important to distinguish between working
- within the European Union (EU), the European Economic Area (EEA), or Switzerland, or
- outside of the EU and the EEA in third countries.
You will find out why this is important in the following chapters.
Where can I get advice?
Would you like to work as an artist or cultural worker across borders, but you're not sure what requirements you need to fulfil? You can contact the following organisations for advice:
- As an employee or freelancer, you are automatically a member of the Chamber of Labour, your statutory interest group. The Chamber of Labour will help you with any questions you may have about working as a salaried employee in Austria.
- The Interessengemeinschaft Bildende Kunst provides information and support for visual artists in Austria. They can advise you on your self-employed and employed work and you can also become a member. Here is a link to the website.
Important links
Government agency websites:
- Find out more about the support offered to self-employed artists on the Artists' Social Insurance Fund’s website.
- On the Austrian Foreign Ministry’s website, you will find information on entering and staying in Austria.
- The posting of workers platform provides information on the posting of employees. You can also find out more about the Central Co-Ordinating Agency of the Federal Ministry of Finance by clicking this link.
Private stakeholders’ websites:
- In 2015, the Interessengemeinschaft Freie Theaterarbeit published an information brochure on the special provisions for artistic work in the theatre sector.
Important forms
- Foreign employers must use this link to report the posting of their employees to Austria: Form ZKO3. At the same time, you must notify the social security provider in the country where the company is based that you will continue to be covered by social security there. The A1 form must be submitted for this purpose.
- The Ministry of the Interior provides forms for documentation for EEA citizens, Swiss citizens, and their family members as well as residence permits for third-country nationals here.
Checklist
Travelling in the EU as an EU citizen
- Check whether you need to report your stay of more than three months in your EU country of residence.
Working in Austria
- Working as an employee
- Observe how you actually perform your work: do you actually work as an employee, freelancer, or self-employed person?
- Is there a collective agreement for your industry? Check the minimum standards set out there.
- Are you from a third country? You need a work permit (exception: short-term artistic performances). See the chapter on visas & residence)
- Working as a self-employed person
- Have you already applied to the tax office for your tax number and registered at Finanzonline?
- Does your activity focus on artistic or craft design? Check whether you need a trade licence for your craft activity.
- Have you registered with the social security institution?
Important legal bases
- Click here to find the relevant collective agreements for artists and cultural workers.
- You can also find the collective agreements for the following professional groups by following these links: Collective Agreement for Musicians, Collective Agreement for the Staff of Federal Theatres, Collective Agreement for Film Professionals.
- Employment of Foreign Nationals Act.