Law

Working marginally despite unemployment benefits: What now applies

Anyone receiving unemployment benefits or emergency assistance may only combine marginal jobs in exceptional cases. Rules, deadlines and application tips.

Editorial team8 min reading time
A jobseeker discusses marginal additional earnings with an advisor in an Austrian office

Working marginally despite unemployment benefitshas become considerably trickier for jobseekers in Austria. Since 1 January 2026: Anyone receiving unemployment benefits, emergency assistance or another payment from the AMS can no longer automatically earn up to the marginal-employment threshold. The combination is only possible in clearly defined exceptional cases. That makes a big difference for applications, side jobs, transitional solutions and talks with employers.

The issue is especially relevant now because the Austrian labour market remains challenging. The Sozialministerium already provides the Arbeitsmarktlage Mai 2026, at the same time many people are looking for ways to close financial gaps during the job search. A marginal job seems like an obvious option at first glance. Since 2026, however, it must first be clarified whether AMS benefits continue, are interrupted or cease entirely.

What marginal employment means in Austria

You are considered marginally employed in Austria if the monthly remuneration remains below the legal limit. For 2026 the Unternehmensserviceportal states a monthly marginal-earnings threshold of €551.10. The daily limit has not mattered since 2017; the monthly threshold is generally decisive. Marginally employed persons are also employees. Depending on the situation they are entitled to labour-law standards such as vacation, caregiving leave or special payments under a collective agreement.

It's important to distinguish between labour law, social insurance and AMS benefits. A marginal job can be legally correct and still lead to no payments from unemployment insurance during the period of AMS receipt. Anyone who combines several marginal jobs and thereby exceeds the threshold additionally risks social insurance consequences and retroactive payments. That's precisely why a brief query with the AMS or the Arbeiterkammer before starting work is more sensible than a subsequent correction.

What has changed since 1 January 2026

Until the end of 2025, recipients of unemployment benefits or emergency assistance could generally earn additional income below the marginal threshold without the benefit being reduced. Since 2026 that's different. The AMS explains to jobseekers that marginal work during the benefit period is only possible in five legally regulated exceptional cases. Those who do not fall under an exception may still work, but they will not receive money from the AMS for the duration of the marginal employment. The start and end of the activity must still be reported.

The Arbeiterkammer summarizes the change similarly: Since 1 January 2026 only certain groups with a marginal employment relationship may still be considered unemployed and receive their benefit. This is particularly relevant for applicants when a company offers a small side job, single days or an hourly transitional solution. Such offers can be helpful, but since 2026 they are no longer automatically compatible with receiving AMS benefits.

The five main exceptions

The first exception concerns people who already had a marginal side job before becoming unemployed. According to the AMS, this marginal employment must have existed for at least 26 weeks without interruption alongside a fully insured employment or a compulsory-insured self-employed activity. It can then be continued as long as the other requirements are met.

The second exception applies to the long-term unemployed. Anyone who has already received money from the AMS for at least 365 days can, under certain conditions, work marginally once for 26 weeks. This period cannot be restarted an unlimited number of times. The Arbeiterkammer points out that the 26 weeks begin with the first commencement of marginal employment. So if you plan several short marginal jobs, you should not use up the period with a poorly coordinated mini assignment.

The third exception is particularly important for people aged 50 or over or with a disability of at least 50 percent. If they have already received AMS money for at least 365 days, marginal employment can be possible for an unlimited period, provided no new entitlement to unemployment benefits is acquired. This also thematically fits the Jobspot article Jobs 50 plus Österreich 2026, because older jobseekers often have to examine different transitions and funding logics than career starters.

The fourth exception concerns people re-entering after a longer illness, rehabilitation or retraining. Anyone who previously received at least 52 weeks of sickness, rehabilitation or retraining benefits can, under conditions, work marginally for a limited period. For certain transition groups 1 July 2026 is an important cutoff, because after that a continuing marginal job can end AMS benefit entitlement.

The fifth exception concerns trainings commissioned by the AMS. Anyone who completes an AMS measure lasting at least four months and at least 25 hours per week may earn marginal additional income during that training. According to the AMS this also applies to the care scholarship. For people using further training as a professional restart, the contribution to Weiterbildungszeit Österreich 2026 is additionally helpful, because funding, labour-market relevance and planning are also linked here.

What jobseekers should check before taking a side job

The most important step is a sober preliminary check. Before you sign a marginal job, you should clarify whether you meet one of the exceptions, from which date the employment begins, how many days are actually registered and whether the remuneration definitely stays below the threshold. Don't just ask: "Is the job marginal?", but: "What does this job concretely mean for my AMS entitlement?"

Document start, end, hours, remuneration and employer details. It may seem bureaucratic, but it saves time in case of dispute. Report every activity in good time via MeinAMS or your regional office. The AMS explicitly points out that the start and end of a marginal employment must be reported. Anyone who does not report an activity risks repayments, suspensions or a significantly more complicated clarification.

Also check whether a very small job is really the best solution. Sometimes a part-time job subject to full social insurance contributions just above the marginal threshold is strategically better because it creates new insurance periods, more predictability and a clearer entry. This is especially true when the employer already has regular demand. In interviews it can therefore be sensible to ask: "Is there an option to arrange the hours so that this becomes a regular part-time employment relationship?"

How to address the issue in applications

Many jobseekers want to stay connected to working life during a longer search. That is understandable. Since 2026, however, application strategy should not be based on the old model "AMS plus marginal work". If a company only offers a few hours, talk early about the scope of hours, registration and perspective. A reputable employer should understand that the new rule can have financial consequences for you.

Phrase it matter-of-factly in the interview: "Before starting work I will check with the AMS whether the registration is compatible with my benefit entitlement. If there is regular demand, a small part-time model above the marginal threshold would also be of interest to me." That shows reliability and avoids the impression that you only clarify conditions after the offer. At the same time it opens the way to more stable employment.

In the CV a marginal job does not have to be downplayed. If the activity is professionally relevant, name tasks, client groups, tools or responsibilities. A few hours a week in an office, retail, care, logistics or service role can show that you have remained active. What matters is that the employment was correctly registered and coordinated with your AMS situation.

What employers and recruiters should consider

The new situation is also relevant for businesses. Employers who want to marginally employ unemployed people should not assume that they can continue to receive AMS benefits on the side. The AMS explicitly informs companies about the new rules and recommends examining affected employments and possible alternatives. For recruiting this means: Job ads should describe working time, remuneration and perspective more clearly than before.

If a company regularly assigns small shifts, increasing hours or offering a regular part-time model can be more attractive than many individual marginal assignments. That helps not only applicants but also the company: more commitment, better onboarding and less uncertainty about availability and administration. Especially in sectors with staffing needs, it can make sense to think of marginal activities as an entry into part-time employment.

Employers should also consider that bonus payments, multiple employments or changing deployment times can make marginality more complicated. The Arbeiterkammer warns, for example, that certain payments at the start of the employment relationship can be relevant for assessing the threshold. Clean payroll accounting and clear communication are therefore not incidental, but part of fair recruiting.

Checklist for June and July 2026

  • Before any marginal job, check whether you meet one of the AMS exceptions.
  • Report the start and end of the activity to the AMS immediately.
  • Keep the marginal-earnings threshold of €551.10 for 2026 in mind.
  • Clarify whether multiple jobs added together could trigger compulsory insurance.
  • Ask employers about a regular part-time option if there is a regular need.
  • If in doubt: obtain individual advice from the AMS, the Arbeiterkammer or a tax advisor.

Conclusion: Not every side job fits with AMS benefits

Marginal additional earnings are no longer simple extra money on top of unemployment. For many jobseekers marginal work remains possible, but no longer without consequences for benefit entitlement. Those who know the exceptions, document dates and income limits carefully, and speak early with the AMS and the employer, avoid costly mistakes.

CTA:If you are offered a marginal job during your job search, check three points before accepting: Do you meet an exception? Is the employment correctly reported? And would a small regular part-time model be better professionally and financially?

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