Austria has comprehensive regulations governing working time to protect employees' health and safety and ensure a fair work-life balance. These rules are primarily set out in the Working Time Act (Arbeitszeitgesetz - AZG) and various collective agreements, which can sometimes provide more favorable conditions than the statutory minimums. Employers operating in Austria must adhere strictly to these legal requirements to ensure compliance and avoid potential penalties.
Understanding and correctly implementing Austrian working time law is crucial for businesses employing staff in the country. This includes navigating standard working hours, managing overtime, ensuring adequate rest periods, and fulfilling recording obligations. Compliance is not just a legal necessity but also contributes to employee well-being and operational efficiency.
Standard Working Hours and Workweek Structure
The standard legal working time in Austria is 8 hours per day or 40 hours per week. However, many collective agreements reduce the standard weekly working time, commonly to 38.5 hours.
The maximum daily working time, including overtime, is generally limited to 12 hours. The maximum weekly working time, including overtime, is generally limited to 60 hours. However, over a reference period (usually 17 or 26 weeks, depending on the collective agreement or agreement with the works council), the average weekly working time must not exceed 48 hours.
Flexible working time models are permitted under certain conditions, such as flexitime or averaged working time arrangements, provided they comply with the maximum daily and weekly limits and average over the reference period.
| Working Time Limit | Standard (Statutory) | Maximum (Including Overtime) | Average (Over Reference Period) |
|---|---|---|---|
| Daily Working Time | 8 hours | 12 hours | - |
| Weekly Working Time | 40 hours | 60 hours | 48 hours |
Overtime Regulations and Compensation
Work performed beyond the standard daily or weekly working time is considered overtime. Overtime must be ordered by the employer and is generally subject to limits. The maximum number of overtime hours is typically limited to 12 hours per week, in addition to the standard working time, provided the total weekly working time does not exceed 60 hours.
Overtime compensation is mandated by law and collective agreements. The standard overtime premium is 50% of the employee's basic hourly wage. Collective agreements may stipulate higher premiums or provide for time off in lieu of payment, often at a rate of 1.5 hours of time off for each hour of overtime worked.
Compensation for overtime can be provided as:
- Payment with a 50% premium.
- Time off in lieu at a rate of 1:1.5 (1 hour overtime = 1.5 hours time off).
- A combination of payment and time off, as agreed or stipulated in collective agreements.
Special rules apply to overtime worked during night shifts, weekends, or public holidays, which often attract higher premiums.
Rest Periods and Break Entitlements
Austrian law mandates specific rest periods and breaks to ensure employees have adequate recovery time.
- Daily Rest Period: Employees are entitled to an uninterrupted rest period of at least 11 hours within a 24-hour period. Collective agreements may reduce this to 8 hours in certain industries or for specific activities, provided compensatory rest is granted.
- Weekly Rest Period: Employees are entitled to an uninterrupted rest period of at least 36 hours per week, which must include Sunday. In certain cases, a shorter weekly rest period (minimum 24 hours) is permissible, but compensatory rest must be provided within a defined period.
- Breaks: If the daily working time exceeds 6 hours, employees are entitled to a break of at least 30 minutes. This break is generally unpaid and does not count towards working time. It can be split into shorter breaks of at least 15 minutes each.
| Rest/Break Type | Minimum Duration | Notes |
|---|---|---|
| Daily Rest Period | 11 hours | Can be reduced to 8 hours by collective agreement with compensation. |
| Weekly Rest Period | 36 hours | Must include Sunday. Can be reduced to 24 hours with compensation. |
| Break (for >6h work) | 30 minutes | Unpaid, can be split into minimum 15-minute segments. |
Night Shift and Weekend Work Regulations
Working during night hours (typically between 10 PM and 5 AM, though collective agreements may vary) and on weekends (Sunday) or public holidays is subject to specific regulations and often higher compensation.
- Night Work: Employees regularly working night shifts may be entitled to health checks and special rest periods. Premiums for night work are often higher than standard overtime premiums, as stipulated by collective agreements.
- Weekend and Public Holiday Work: Work performed on Sundays and public holidays is generally prohibited, with exceptions for certain industries (e.g., hospitality, healthcare, transport). Work on these days typically attracts significant premiums, often 100% of the basic wage, in addition to potential time off in lieu.
Specific rules regarding maximum working hours and rest periods may also apply to employees regularly engaged in night or weekend work.
Working Time Recording Obligations
Employers in Austria are legally required to maintain accurate records of their employees' working time. This is essential for demonstrating compliance with statutory and collectively agreed working time limits, rest periods, and overtime regulations.
The recording obligation includes:
- Recording the start and end times of daily working hours.
- Recording the duration of breaks (though unpaid breaks may not need precise timing if the duration is fixed).
- Recording the start and end times of rest periods.
- Recording all overtime hours worked.
Records must be kept for a specified period (typically one year) and must be made available to employees upon request and to authorities during inspections. While electronic time tracking systems are common, manual records are also permissible provided they are accurate and complete. Failure to maintain proper records can result in significant penalties for the employer.
