The ÖH has fought for this: Since the outbreak of the Corona pandemic, the ÖH has been increasingly advising affected students on the topic of unemployment benefits.
Student B works part-time in a restaurant alongside her studies to finance her tuition costs. In April 2020, shortly after the outbreak of the Corona pandemic, B is terminated because the restaurant must close.
Ideally, she would like to return to work in a restaurant as soon as possible. However, there are no vacancies at this time. She turns to the Social Counseling Service of the Austrian Student Union (ÖH) and would like to get information about unemployment benefits. She is not sure if she is eligible or not as a student.
At the social counseling center, B learns that students are also eligible for unemployment benefits if they meet certain requirements. The basic requirement for receiving unemployment benefits is that the claimant is capable of working, willing to work and unemployed. In addition, one must be available for job placement (through AMS).
Students must be able to be available to the labor market for at least 20 hours per week in addition to their studies. Therefore, an overview of the courses taken in the program is relevant when considering eligibility.
According to the case law of the Administrative Court VwGH of 18.01.2012, 2010/08/0092, the periods of study must be compatible with the jobs usually offered on the labor market. If placement is not possible, for example due to the large number of compulsory courses attended, the AMS may reject the claim for unemployment benefits because it cannot be assumed that the claimant is actually available to the labor market for at least 20 hours per week.
If employability is given, a further check is made to see whether the necessary minimum period of employment subject to compulsory unemployment insurance can be proven. Employment subject to unemployment insurance is employment above the marginal earnings threshold (as of 2022: 485.85 euros). Students are eligible for unemployment benefits only if they have been insured for unemployment for at least 52 weeks (1 year) in the 2 years preceding the claim. If you have already received unemployment benefits, it is sufficient to have worked for at least 28 weeks in the last year for which unemployment insurance is mandatory.
The ÖH recommends that Ms. B apply for unemployment benefits. B has consistently worked part-time at the restaurant since October 2018 and her current schedule is compatible with a new job. As part of the application process, the student submits her schedule to AMS and states that she could work weekends and afternoons/evenings. Your undergraduate classes are currently taking place online due to the Corona Pandemic.
A short time later, the AMS issues a decision granting her unemployment benefits. B is very relieved and can now bridge the period of unemployment financially.
The amount of unemployment benefit is about 55% of the last net income. Applications must be submitted to the relevant regional AMS office: www.ams.at. There is no entitlement for the time being if the applicant has terminated the employment relationship himself. In this case, you are not entitled to unemployment benefits for the first 4 weeks after the end of employment (blocking period).
The ÖH has fought for this: Since the outbreak of the Corona pandemic, the ÖH has been increasingly advising affected students on the topic of unemployment benefits.
More successes from the consultation at oeh.ac.at/created.
Did you lose your job too? If you have any questions, please feel free to contact our ÖH Social Counseling Service. You can find counseling hours and contact information at oeh.ac.at/socials.
