The draft of the Skilled Workers Ordinance 2026 basically complies with the legal requirements of Section 13 AuslBG and represents a permissible instrument for the labor market policy management of qualified immigration. The focus on labor market policy indicators, the points system, the reference to wage standards and the easier access to the labor market for family members should be highlighted as positive aspects. However, it remains critical that the draft only addresses labor market policy requirements and does not provide for any binding protection and integration measures. In its current form, it therefore does not provide a sufficient basis for a sustainable and socially balanced management of skilled workers.
Statement
The Skilled Workers Ordinance 2026 is within the scope of the legal authorization of § 13 AuslBG and pursues the goal of addressing structural shortages of skilled workers on the Austrian labour market. The labor market policy management of qualified immigration is legally comprehensible and fundamentally suitable for responding to existing needs.
Positive aspects of the design
The use of labor market policy indicators when determining the shortage occupations and the orientation towards the AMS system are positive. The planned points system increases the transparency and comprehensibility of the selection decision. The consideration of collectively agreed pay standards and the unrestricted access to the labor market for family members also contribute to legal certainty.
Lack of protection and integration measures
The draft does not contain any binding regulations to prevent wage and social dumping or to enforce minimum standards under labor law. There are also no measures to reduce structural dependencies on the respective employer or elements to promote integration such as language support, advice or social security.
Recognition of qualifications
There is no substantial discussion of existing deficits in the recognition of foreign professional qualifications. This represents a significant structural problem, particularly in sensitive areas such as care, health and services.
Evaluation of the shortage occupation list
The admission of individual occupational groups without sufficient justification of a sustainable nationwide shortage situation should be viewed critically. As a result, there is a risk of compensating for structural problems in working and pay conditions under migration law.
Overall rating
In summary, although the draft formally complies with the legal requirements, it does not provide a sufficient guarantee for a sustainable, socially balanced and fundamental rights-sensitive strategy for skilled workers. Further development is recommended, taking into account labor law, integration policy and welfare state protection mechanisms.
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