Law

Marginal employment while receiving unemployment benefits: What applies now

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

Editorial8 min read
Job seeker discusses marginal additional income with an adviser in an Austrian office

Working marginally despite unemployment benefits ist für Arbeitsuchende in Österreich deutlich heikler geworden. Seit 1. Jänner 2026 gilt: Wer Arbeitslosengeld, Notstandshilfe oder eine andere Geldleistung vom AMS bezieht, kann nicht mehr automatisch bis zur Geringfügigkeitsgrenze dazuverdienen. Die Kombination ist nur noch in klar definierten Ausnahmefällen möglich. Für Bewerbungen, Nebenjobs, Übergangslösungen und Gespräche mit Arbeitgebern macht das einen großen Unterschied.

The issue is particularly relevant right now because the Austrian labor market continues to be demanding. The Ministry of Social Affairs already provides the Labor market situation May 2026 ready; at the same time, many people are looking for ways to close financial gaps while job hunting. A marginal job seems obvious at first glance. However, since 2026, it must first be clarified whether AMS benefits will continue, be interrupted, or be discontinued entirely.

What marginal employment means in Austria

In Austria, you are considered marginally employed if your monthly earnings remain below the legal limit. For 2026, the Corporate Service Portal (Unternehmensserviceportal) specifies a monthly marginal earnings threshold of 551.10 euros. The daily limit has not been relevant since 2017; the monthly limit is generally the deciding factor. Marginally employed individuals are also employees. Depending on the situation, they are entitled to labor law standards such as vacation, leave for family care, or special payments according to the collective agreement.

It is important to distinguish between labor law, social security, and AMS benefits. A marginal job can be correct under labor law and still result in no money being paid out from unemployment insurance while receiving AMS benefits. Anyone who combines several marginal jobs and thus exceeds the limit also risks social security consequences and additional payments. This is precisely why a quick inquiry with the AMS or the Chamber of Labor (Arbeiterkammer) before starting work is more sensible than a subsequent correction.

What has changed since January 1, 2026

Until the end of 2025, recipients of unemployment benefits or emergency assistance could generally earn extra income below the marginal earnings threshold without their benefits being reduced. Since 2026, this is different. The AMS explains to job seekers that marginal employment while receiving benefits is now only possible in five legally regulated exceptional cases. Anyone who does not fall under an exception may work, but 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 Chamber of Labour summarizes the change similarly: Since January 1, 2026, only certain groups with marginal employment are allowed to continue to be considered unemployed and receive their benefits. This is particularly relevant for applicants when a company offers a small side job, individual days, or an hourly transitional solution. Such offers can be helpful, but since 2026 they are no longer automatically compatible with AMS benefits.

The five most important exceptional cases

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 without interruption for at least 26 weeks alongside fully insured employment or mandatory insured self-employment. It can then be continued as long as the other requirements are met.

The second exception concerns 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 at will. The Chamber of Labour points out that the 26 weeks begin to run with the first start of a marginal employment. Therefore, anyone planning several short marginal jobs should not use up the period with a poorly coordinated mini-assignment.

The third exception is particularly important for people aged 50 and 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, as long as no new entitlement to unemployment benefits is acquired. This also fits thematically with the jobspot article "Jobs 50 plus Austria 2026", because older job seekers often have to check different transitions and funding logics than career starters.

The fourth exception concerns people who return to work after a prolonged illness, rehabilitation or retraining. Anyone who previously received at least 52 weeks of sickness, rehabilitation or retraining benefits can, under certain 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 terminate AMS benefit entitlement.

The fifth exception concerns training commissioned by the AMS. Anyone who completes an AMS measure of at least four months and at least 25 hours per week is allowed to earn marginal additional income during this training. According to the AMS, this also applies to the Pflegestipendium. For people who use further training as a professional restart, the article on Weiterbildungszeit Österreich 2026 helpful, because funding, labor-market connection and planning are also interconnected 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 qualify for one of the exceptions, on which date the employment begins, how many days will actually be registered and whether the pay will reliably stay below the earnings threshold. Don't just ask: 'Is the job marginal?', but: 'What does this job specifically mean for my AMS benefits?'

Document the start, end, hours, pay and employer details. It may seem bureaucratic, but it will save time in case of a 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 fails to report an activity risks repayment claims, benefit suspensions or a much more complicated resolution.

Also check whether a very small job is really the best solution. Sometimes a part-time job that is fully subject to social insurance, just above the marginal-employment threshold, is strategically better because it creates new insurance periods, more predictability and a clearer entry. This is especially true if the employer regularly needs staff. In job interviews it can therefore make sense to ask: 'Is there a possibility to arrange the hours so that this becomes a regular part-time employment relationship?'

How to address the topic in applications

Many job seekers want to stay connected to working life during a longer job search. That's understandable. Since 2026, however, the application strategy should not be based on the old "AMS plus marginal employment" model. If a company only offers a few hours, discuss the number of hours, registration and prospects early on. A reputable employer should understand that the new regulation may have financial consequences for you.

In conversation, state matter-of-factly: "I'll check with the AMS before starting work whether registration is compatible with my benefit entitlement. If there is a regular need, a small part-time arrangement above the marginal-employment threshold would also be of interest to me." This shows reliability and avoids the impression that you will only clarify conditions after receiving an offer. At the same time, it opens the way to more stable employment.

A marginal job doesn't have to be played down on your CV. If the work is professionally relevant, name tasks, customer groups, tools or responsibilities. A few hours a week in an office, in retail, in care, in logistics or in service 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 be aware of

The new situation is also relevant for businesses. Employers who want to employ unemployed people on a marginal basis 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 reviewing affected employments and possible alternatives. For recruiting, this means: job postings should describe working hours, pay and prospects more clearly than before.

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

Employers should also keep in mind that bonus payments, multiple employments or changing schedules can make marginal-employment status more complicated. The Chamber of Labour, for example, warns that certain payments at the start of the employment relationship can be relevant when assessing the threshold. Clean payroll accounting and clear communication are therefore not peripheral matters 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 employment to AMS immediately.
  • Keep an eye on the marginal-employment threshold of €551.10 for 2026.
  • Clarify whether multiple jobs added together can lead to compulsory insurance.
  • Ask employers about a regular part-time option if there is a recurring need.
  • If in doubt: obtain individual advice from AMS, the Chamber of Labour, or a tax advisor.

Conclusion: Not every side job is compatible with receiving AMS benefits

Marginal additional income is no longer simply extra money on top of unemployment benefits. For many jobseekers, marginal work remains possible, but it can no longer be done without consequences for benefit entitlement. Knowing the exceptions, documenting appointments and income limits carefully, and talking early with AMS and your employer will help you avoid costly mistakes.

CTA: If you're offered a marginal job while looking for work, check three points before accepting: Do you meet an exemption? Is the employment properly registered? And would a small regular part-time arrangement be better professionally and financially?

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