Working While Receiving Unemployment Benefits? New Rules as of 1 January 2026
15. December 2025
From 2026, new regulations will apply to AMS beneficiaries, significantly restricting the possibility of low-income, marginal employment (geringfügige Beschäftigung). Below is an overview of the most important points.r AMS-Bezieher:innen neue Regeln, die geringfügige Beschäftigungen deutlich einschränken.
What is changing?
Starting 1 January 2026, stricter rules will apply to low-income employment or low-income self-employment (i.e., activities exempt from compulsory insurance) during receipt of AMS benefits. Such work may only continue if one of the four legally defined exceptions applies. Otherwise, the activity must be terminated by 31 January 2026 – failing to do so results in the loss of entitlement to unemployment benefits.
Who may continue marginal work?
Low-income, marginal employment or self-employed activity alongside AMS benefits remains permitted if at least one of the following conditions is met:
- The marginal activity overlaps continuously for at least 182 days with a fully insured employment relationship.
- You have received AMS benefits (or sick pay) for at least 365 consecutive days without lengthy interruption.
- You are at least 50 years old or have a disability of at least 50%.
- You experienced a longer period of illness or rehabilitation before taking up the marginal activity.
If none of these exceptions apply to you, you must end the low-income employment / activity no later than 31 January 2026. Otherwise, you will retroactively no longer be considered unemployed as of 1 January 2026, and AMS will no longer provide any payments.
What happens if you have multiple low-income jobs?
Multiple marginal incomes are added together. If the combined amount exceeds the monthly marginal earnings threshold of €551.10, compulsory insurance applies and entitlement to unemployment benefits lapses for that month.
What should you do now?
Review your current employment status. If you have any questions, we are happy to help you assess how the new regulations apply to your situation.
Source: http://www.ams.at/arbeitsuchende/arbeitslos-was-tun/arbeitslos-geringfuegig-beschaeftigt
