Educator at day nurseries and boarding schools - Recognition of Professional qualifications from other EU/EAA countries

Evidence of formal qualifications from other Member States may be recognised by administrative ruling of the Provincial Government as a replacement for examinations and training under Section 9a(1) to (3) of the Province Employees Act 2000 (LBedG 2000).

If there are substantial differences with the qualification under the Vorarlberg provisions and if these cannot be compensated by knowledge gained through professional experience, there is a choice between an aptitude test or an adaptation period.
This applies by analogy to evidence of formal qualifications issued in third countries or to nationals of third countries, provided that these are to be treated as equivalent on the basis of EU law or a State Treaty.

In particular, the following supporting documents must be attached to the application:

a) Evidence of formal qualifications
b) Evidence of the content and scope of the training and examinations completed (curricula and similar)
c) Evidence of previous professional experience
d) Proof of nationality, and
e) where necessary, a certificate documenting a change of name.

The supporting documents referred to in points (a) and (b) must be submitted in the original or as a certified copy. In the case of documents in foreign languages, a certified translation must be attached.

The supporting documents referred to in points (c) to (e) must be submitted as a copy. In the case of documents in foreign languages, a simple translation must be included.

Depending on the case, further evidence may be required.

Receipt of the application must be acknowledged within 1 month. At the same time, any missing documents will be indicated to the applicant. The Provincial Government must make a decision within 4 months of the submission of the complete documentation by means of an administrative ruling (Section 9a(8) LBedG 2000). 

The costs must be paid at the end of the procedure and shall be the following amounts:

EUR 76.30 Provincial administrative issuance fee
EUR 47.30 fee under the Fees Act for the application
EUR 83.60 issuance fee under the Fees Act

The other costs depend on the number of attachments submitted (EUR 3.90 per sheet (= four DIN A4 pages), up to a maximum of EUR 21.80 per attachment).

If a report by a non-official expert is necessary, this will be communicated separately in advance.

Payment can be made by means of an online transfer.

Section 9a of the Province Employees Act 2000

General Administrative Procedure Act 1991

Vorarlberg Provincial Administrative Tax Regulation

Fees Act 1957

Under Section 9a(1) to (3) LBedG 2000, different professional recruitment requirements apply to educators in after-school centres and student homes.

Educators at after-school centres or student homes exclusively or mainly intended for pupils in compulsory schools (Section 9a(1) LBedG 2000) must demonstrate:

a) successful completion of the qualification examination for educators;
b) successful completion of the qualification examination for kindergarten and nursery teachers; or
c) successful completion of the teaching qualification or teacher training examination.

Where no suitable person is available, the following is accepted as sufficient (Section 9a(3)(a) LBedG 2000):

1. Experience in educating and caring for a group of school-age children; or
2. Only under the guidance of a person who satisfies the requirements of paragraph 1 — successful completion of higher education or at least 3 years of secondary school education, or completion of initial vocational training.

Educators at special after-school centres and student homes intended exclusively or mainly for pupils in special schools (Section 9a(2) LBedG 2000) must demonstrate:

a) successful completion of the qualification examination for special educators; or
b) successful completion of the teacher training examination for special schools.

Where no suitable person is available, the following is accepted as sufficient (Section 9a(3)(b) LBedG 2000):

1. successful completion of the qualification examination for special kindergarten teachers; or
2. if no person with this qualification is available, successful completion of a teaching qualification or teacher training examination other than that referred to in paragraph 2(b) or the examination for educators or kindergarten teachers.

The above-mentioned necessary training and examinations are deemed to have been evidenced by the European Professional Card for the purpose of proving the professional qualifications required to exercise a profession in Vorarlberg pursuant to paragraphs 1 and 2 (Section 22(1)(a) of the Provincial Services and Careers Qualification Act (cf. Section 9a(6) LBedG 2000).

Other evidence of formal qualifications issued to EU citizens by a competent authority of a Member State shall, on request, be recognised by the Provincial Government by administrative ruling as a substitute for the examinations referred to in paragraphs 1 to 3. If there are substantial differences which cannot be compensated by know-how, skills and competences acquired through professional practice or lifelong learning in a Member  State or a third country and formally recognised as valid by a relevant body, the applicant must be given the choice between an adaptation period or an aptitude test (Section 9a(7)
LBedG 2000).

If an adaptation period or an aptitude test is necessary, recognition must be granted on the condition that it shall lapse if it is not completed within four years of recognition (Section 9a(8) LBedG 2000).

The applicant must be given the opportunity to take the aptitude test within six months of the decision on recognition (Section 9a(9) LBedG 2000).

See Process and result

Erzieher an Horten und Schülerheimen - Beruf - Anerkennung [Educator at day nurseries and boarding schools - Recognition of professional qualifications from other EU/EAA countries]

Abteilung PrsP - Personal beim Amt der Vorarlberger Landesregierung [PRSP Department - Staff at the Office of the Provincial Government of Vorarlberg]

Authentication or signing of the application is not required.

Decisions may be appealed against. The appeal must be submitted in writing within 4 weeks to the authority that issued the decision. The time limit begins on the date of delivery of the written decision or, in the case of an oral notification, on the date of the latter.

The appeal must also state the decision against which it is directed and the relevant authority, the reasons on which the assertion of unlawfulness is based, the form of order sought, and the information required in order to assess whether the appeal has been filed within the specified deadline. An appeal is no longer admissible if, after the issuance or announcement of the decision, the party expressly waives their appeal.

Moreover, all decisions must contain instructions on the right of appeal, including information on the authority with which the appeal must be filed and the corresponding deadline.

EAP Vorarlberg 

Assistenzzentrum nach der EU-Berufsanerkennungsrichtlinie 2005/36/EG 
Mag. Irene Linke 
Bundesministerium für Digitalisierung und Wirtschaftsstandort
Stubenring 1 
1010 Wien 

T +43 1 71100 805446 F +43 1 71100 935446 irene.linke@bmdw.gv.at post.i7@bmdw.gv.athttp://www.bmdw.gv.at/ 

Abteilung PrsP - Personal beim Amt der Vorarlberger Landesregierung [PRSP Department - Staff at the Office of the Provincial Government of Vorarlberg]

3.12.2020