Reminder: Additional Earnings While Unemployed as of January 1, 2026

The following five scenarios are exempt from the new prohibition on additional earnings, with a distinction to be made between exceptions that are unlimited in time and those that are time-limited. The following provisions apply both to the receipt of unemployment benefits and to emergency assistance. 

Unlimited continuation or performance of marginal employment:

Scenario 1: If marginal employment has been performed for a period of at least 26 weeks alongside fully insured employment and the fully insured employment ends, the marginal employment can be continued in parallel with the receipt of unemployment benefits without terminating unemployment status. However, if the marginal employment is interrupted even for one day, the “exception” becomes invalid, and resuming the employment will be detrimental to the receipt of unemployment benefits or emergency assistance.

Scenario 2: Long-term unemployed individuals who have received unemployment benefits or emergency assistance for at least 365 days may perform marginal employment without time limitation if they either

• have already reached the age of 50,
• are classified as a person with a disability under preferential status, or
• hold a disability pass.

Interruptions in unemployment of up to 62 days are not detrimental. The main purpose of this is to ensure that the status of “long-term unemployed” is not lost due to work trials or employment that ends within the probationary period (i.e., in such cases, the 365-day count does not start over).

Time-limited continuation or performance of marginal employment:

Scenario 3: Long-term unemployed individuals who have received unemployment benefits or emergency assistance for at least 365 days and do not meet any of the additional requirements listed under Scenario 2 may also perform marginal employment, but only for a limited period of up to 26 weeks. Here too, interruptions of up to 62 days related to taking up employment or illness do not terminate the required “long-term unemployment” status.

Scenario 4: Unemployed individuals who have received sickness benefits, rehabilitation benefits, or retraining benefits for at least 52 weeks may also perform marginal employment for a maximum period of 26 weeks.

Scenario 5: Individuals who, while receiving unemployment benefits or emergency assistance, participate in retraining or further education on behalf of the Public Employment Service (AMS) lasting at least four months and comprising at least 25 hours per week should continue to be allowed to engage in marginal employment alongside this (initiative motion in the National Council dated November 20, 2025).

Transitional cases: For marginal employment that began before January 1, 2026, transitional periods apply (§ 81 (20) of the Unemployment Insurance Act (AlVG)):

• Individuals who are permitted to perform marginal employment without time limitation under the exception provisions (Scenarios 1 and 2) may continue to do so unchanged as of January 1, 2026 – alongside the receipt of unemployment benefits or emergency assistance.
• Individuals who are permitted to perform marginal employment only for a limited period of 26 weeks under the exception provisions (Scenarios 3 and 4) must end their marginal employment by June 30, 2026, at the latest in order to continue receiving unemployment benefits or emergency assistance.
• Scenario 5 may also apply to transitional cases (for the remaining duration of the training measure).
• Marginally employed workers to whom none of the exceptions apply must end their marginal employment by January 31, 2026, at the latest (“tolerance month”), otherwise they will lose entitlement to unemployment benefits or emergency assistance.

Note: The statutory restriction on the possibility of marginal additional earnings also applies to occasional employment. In this case—if none of the five exceptions apply—unemployment benefits or emergency assistance will not be interrupted for the entire month, but only for the days of marginal employment. If the marginal earnings threshold is exceeded, the consequences can be even more “severe,” as the remuneration earned will then be offset against the remaining monthly AMS benefit. The employee is in any case obliged to report each day of employment to the AMS and to re-register as unemployed on the following day.

Details on the new regulation can also be found on the AMS website at: https://www.ams.at/arbeitsuchende/arbeitslos-wastun/arbeitslos-geringfuegig-beschaeftigt