The law in Austria regarding au pair work

Graham Crewe
Dec 13, 2022
7 min read

Updated: Jun 13

We know that we have a few au pairs in our groups. We have been asked to help raise awareness of the laws governing au pair work: there is apparently a lot of exploitation of young people (low pay, long hours), with some young people even being rescued by NGOs. So we've done some reading and put together a guide, which is largely an English translation of what's published in German. Hopefully it's useful to some of you, and if you do feel trapped in an exploitative job then feel free to contact us and we can put you in touch with people who can help.

The short version

See https://www.wienxtra.at/jugendinfo/infos-von-a-z/au-pair-in-oesterreichau-pair-in-austria/#c16341

An au pair can be aged between 18 and 28
As an au pair, you are entitled to:
- A salary of at least €551.10 (2025)
- A maximum of 18 hours work per week (including “readiness for work” time)
- 15 monthly payments per year
- You get your own bedroom and all meals for free
- You get one day off per week and you have 5 weeks paid holidays per year
- Language classes: the family must pay half of the cost
- The family pays your health insurance

The longer version

General information

The employment of au pairs is governed by the “Hausgehilfen- und Hausangestelltengesetz” (Domestic Helpers and Domestic Workers Act), which regulates, among other things, labour law entitlements such as holidays or continued payment of wages in case of illness.

Labour law basics

Maximum weekly working time (including “readiness for work”) is 18 hours/week.
The host must pay contributions to the employee pension fund for the au pair. More detailed information on the necessary steps (selection of the employee provision fund, handling of the payment of contributions, etc.) can be found in the chapter "Employees" on USP.gv.at.
Minimum monthly pay (2025 - updated annually) is €551.10 (= monthly marginal earnings limit according to ASVG) for a weekly working time of 18 hours including readiness to work for childcare and light help in the household. Note that au pairs from third countries MUST work 18 hours per week: with a lower number of hours and a correspondingly lower remuneration, important requirements of the residence permit would not be met.
Au pairs are entitled to 15 monthly salaries per year (special holiday payment: two monthly salaries; special Christmas payment: one monthly salary). In the case of shorter employment relationships, the special payment entitlement must be paid out on a pro rata basis.
The employer is obliged to provide the au pair with an exact, dated statement of the hours worked, the remuneration and the deductions made when the remuneration is paid.

Health and accident insurance

The employer must register the au pair for the statutory social insurance (Anmeldung zur gesetzlichen Sozialversicherung - ASVG).
If the au pair's employment is below the marginal earnings threshold (€551.10 in 2025), it is sufficient to register for statutory accident insurance with the ÖGK.
The au pair is responsible for their own health insurance, which must cover the duration of their stay in Austria. Health insurance taken out abroad is only sufficient if it is covers you in Austria.
Au pairs from third countries are only granted a "Residence Permit - Special Cases of Paid Employment” if they have health insurance that covers "all risks" and is also liable to pay benefits in Austria.

Requirements

Residence law requirements

Au pairs from EU/EEA member states and Switzerland are entitled to settle in Austria and do not need a residence title. However, they have to apply for a registration certificate at the competent residence authority four months after entry at the latest.
Au pairs from third countries require a residence title in the form of a "Residence Permit - Special Cases of Paid Employment" (Aufenthaltsbewilligung – Sonderfälle unselbständiger Erwerbstätigkeit (→ oesterreich.gv.at) for the entire duration of the au pair activity. In order to apply for the residence permit, a confirmation of notification (Anzeigebestätigung des Arbeitsmarktservice) from the Public Employment Service Austria (AMS) is required.

Employment law requirements

Au pairs from EU/EEA member states and Switzerland do not need any authorisation by the labour market authorities to work in Austria on a self-employed or employed basis.

Au pairs from third countries

Au pairs are in themselves exempt from the Employment of Foreign Nationals Act (AuslBG), but their employment must be registered with the Public Employment Service.
A host family is allowed to employ a foreign au pair if:
- they have notified the competent regional office of the Public Employment Service (AMS) of the au pair relationship at least two weeks before the beginning of the employment; and
- the Public Employment Service has issued a confirmation of notification.

Confirmation of notification for au pairs

A confirmation of notification will be issued if:
- the au pair is between 18 and 28 years old;
- in the case of placement, an agency authorised to do so has been involved;
- the au pair has not been employed as an au pair in Austria for more than one year within the last five years; and
- the extent and the economic content of the activity correspond to an au pair relationship, i.e.
  - the au pair should get to know the country and its people during their stay in Austria and deepen the language skills acquired in their home country with the help of the host family:
  - she/he is accepted into the host family's household (at least one legal guardian with child) and is expected to help with light household chores including childcare; and
  - must be able to prove a minimum level of German language skills (school lessons or one semester of study or language course) before the start of employment by means of an appropriate school report or other confirmation in German or English translation and must be able to further improve their language skills while living with the host family.
If these requirements are not met, no au pair relationship will be accepted and the employment will not be confirmed.
The AMS notification form for an au pair relationship can be found on the AMS website or on the website at the top of this document, as well as a sample contract. A copy of the au pair contract, signed by both parties, should be attached to the application.
The confirmation of notification is initially valid for six months and can be extended for another six months under certain conditions.

Extension of the confirmation of notification

The confirmation of notification can be extended by a maximum of six months if the essential criteria of the au pair relationship are still fulfilled and the au pair was enabled to acquire German language skills during the first six months. German courses of relevant educational institutions (including those for adult education) are considered as proof of this.
If possible, the extension should be applied for four weeks before the end of the period of validity of the confirmation of notification. The confirmation of notification should be kept by the host family and be available for inspection.
Au pairs are not admitted to the regular labour market and do not acquire any entitlement to a further work permit or the right to free labour market access after the end of their au pair activity. The host family also has no right to continued employment of the au pair.

Model contract (English translation of the clauses)

The AMS model contract can be downloaded here: Au-pair-Mustervertrag
We recommend that you ask your employer to use this model contract. Since the employer has to send the contract to the AMS for approval, it makes sense that this one is used. If they find an excuse not to use it, be sure to compare the contract you are asked to sign with this. What are the differences? Are the differences legal (for example, are you being asked to work for more than 18 hours in a week?)?

Model contractual clauses

I.

The employer (the host family) accepts the foreign au pair into the family circle. The au pair helps in the household, including childcare. The au pair intends to perfect her knowledge of the German language by staying in Austria for several months, to get to know the Austrian culture and society better and to participate in language courses and cultural events in order to achieve this goal.

II.

The employer provides the au pair with a furnished, lockable room for her/his sole use and grants full board.He/she enables the au pair to participate in a German course and bears half of the costs (If more than half of the costs are covered, this contractual clause must be amended to this extent. ).

If the employer requires the au pair to attend a course for pedagogical qualification (e.g. babysitting course), he/she shall bear the costs in full.

It is agreed that the au pair will assist lightly in the host's household, including childcare, for 18 hours per week (including stand-by duty).

The au pair's remuneration claim is based on the minimum wage tariff for au pairs and amounts to €518.44 gross per month (value for 2024). The current remuneration is to be paid pro rata at the weekend.

The employer is obliged to provide the au pair with an exact, dated statement of the hours worked, the remuneration and the deductions made when the remuneration is paid.

III.

Consideration must be given to the family life and household needs of the host family as well as to the interests of the au pair. The au pair must be granted at least one whole day off per week. The au pair's holiday entitlement as well as the holiday compensation in case of non-use of the holiday are based on the Holiday Act (30 working days/year).

IV.

If the au pair is prevented from helping in the household due to illness or accident, she is to be paid the remuneration due according to §10 of the Domestic Helpers and Domestic Employees Act.

If there is no health insurance coverage for the au pair due to international social security agreements, the au pair has to prove that she has taken out a private health insurance.

The au pair must have the means for the return journey.

V.

The au pair relationship begins on _______________ and ends on _______________. The contract can be terminated by either contracting party without giving reasons by giving one week's notice.

VI.

The contract is drawn up in five copies, one for each of the contracting parties, one for deposit with the placement agency, one for submission to the professional representation authority (embassy, consulate) and one for the Public Employment Service.

Who can an au pair turn to if they need help?

LEFÖ is one organisation which helps advise au pairs in Austria who are having problems with their host families: https://lefoe.at/en/home-en/
LEFÖ has an information brochure to download. Near the end of it there is a list of useful contacts: https://lefoe.at/wp-content/uploads/2022/10/Au_Pairs_Broschüre-Englisch.pdf

Sources