Filming with Children

Employment of children

Employment of children is regulated by the 1987 Federal Employment of Children and Youth Act.

Children, as defined by Federal Law, are minors 15 years of age or younger, or, those still completing mandatory schooling. Children may be hired for filming as defined by the law. A fee-based authorization must be obtained from the Governor of the State (Austria has nine regional States with nine regional capital cities) in which the still photography, filming, or audio recording takes place.

Typically, an authorization will be granted when:

  • the project is of special interest to the arts, science, or education, or, in case of commercial filming;
  • filming cannot take place during school vacations;
  • there is no physical or mental health risk, or, concern of public decency, and filming will not negatively influence school work.

Further requirements include:

  • Written consent by the legal guardian.
  • Supportive statement from the school (if applicable).
  • Supportive statement from the work inspector of the Workers Association (Arbeiterkammer).
  • In case of commercial events, clearance by a public health physician; in case of filming for movies and television, clearance by an ophthalmologist.

In case of public perfomances, the following applies:

  • Children are only allowed to work between the hours of 8:00 am and 11:00 pm outside of morning school hours.
  • An uninterrupted break of at least two hours after morning school classes and one hour after afternoon classes must be granted.
  • Employment during school vacation times is permissible as long as employment is a maximum of one third of the vacation and absolutely necessary.
  • The producer’s reputation must be untarnished..

For filming with children between 15 and 19 years of age who are no longer required by law to attend school, the authorization by the State Governor is waived. However, compliance with the Federal Employment of Children and Youth Act is still required. Next to the mandates about the protection of health and standards of public decency, consent from the legal guardian should be obtained.

Permit for Vienna (MagElf) – in German only

Visa and Residence for Children

Children of the age of consent (14 to 18 years of age) may apply for a travel visa or residence permit on their own behalf. For a travel visa to be issued, they need the consent of their legal guardian. Children of EEA citizens enjoy the same priviliges as their parents, even if they are not EEA citizens themselves.

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