Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Austria: Redundant employees entitlement to public support
Phase
Public Employment Service Act (AMSG)
Native name
Arbeitsmarktservicegesetz (AMSG)
Type
Redundant employees entitlement to public support
Added to database
11 May 2015
Article
32-34, 38a, 38c
Description
The public employment service has to provide services to match job seekers with vacancies and to maintain employment. This comprises particularly the following activities:
Provision of information on the labour market
Advice in selecting an occupation
Support in maintaining or creating employability of workers
Support in education and training of workers
Support of companies looking for suitable workers and in designing company internal human resource plans
Support of job seekers in their search and choice of a job
Support of companies and workers as regards the creation and retention of jobs.
The public employment service can provide these services itself or through contractors (for example, training providers). The services have to be provided free of charge for workers and companies in general. For specific services an adequate fee can be charged on companies. Services towards workers, the unemployed and job seekers have to be provided free of charge in any case.
A particular focus of the regional public employment services should be the provision of measures fostering qualification and employment potentials in order to achieve sustainable and permanent employment. It should aim at offering individuals suitable employment within four weeks or if this is not possible, the participation in qualification or reintegration measures. Particular attention should be devoted to people wishing to reenter the labour market after periods of childcare. Furthermore, it should offer education and training measures to unemployed people that are younger than 25 or older than 50 if they cannot be offered adequate employment within three months.
For each unemployed person the regional public employment service has to draft a support plan, specifying the planned measures under consideration taking into account the specific characteristics of the unemployed person (such as qualifications). The public employment service should try to get the unemployed person's agreement regarding the support plan. If such an agreement cannot be reached, the public employment service can unilaterally decide upon it, taking into account the interests of the individual as far as possible. The support plan has to be communicated to the unemployed person.
If the above mentioned services are not sufficient, the public employment service has to provide one-time or recurring financial subsidies to:
overcome financial bottlenecks to take up employment;
support occupational education or training, also in preparation to take up a new job;
support (re)integration into the labour market;
support the retention of employability.
However, there is no legal entitlement to these additional subsidies as mentioned in AMSG, § 34.
Commentary
In cases of insufficient unemployment compensation, the unemployed may apply for additional means-tested benefit, which guarantees an individual minimum income (amount subject to change) of €855 in 2019 (Bedarfsorientierte Mindestsicherung, BMS). In addition, the federal states of Austria may offer an extra benefit for coverage of housing costs ([information from the Federal Ministry of Labour, Social Affairs and Consumer Protection].
From 2020 the minimum level will be replaced by maximum benefit rate.
Additional metadata
Cost covered by
National government
Involved actors other than national government
Public employment service
Other
Involvement (others)
Contractors (for example, education/training providers)
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
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