SHARE
COPY LINK

WORKING IN AUSTRIA

What are the rules on working overtime in Austria?

There comes a time in many people’s working life when overtime is required (or even welcomed). But what are the rules in Austria?

What are the rules on working overtime in Austria?
Working overtime in Austria is subject to employment laws. Photo by Mikhail Nilov / Pexels.

Working overtime (Überstunden) usually means earning extra money – but it also requires more work and less time for your private life.

Plus, whereas some people might jump at the chance to boost their income, others might not have the capacity to take on more work due to family commitments, or even poor health.

READ ALSO: Reader question: How can foreign doctors practise medicine in Austria?

So what happens if your employer asks you to work overtime in Austria?

Here’s what you need to know.

What are regular working hours in Austria?

Regular working hours are set by the Working Time Act (Arbeitszeitgesetz), which applies to most private-sector employees in Austria over the age of 18.

The law states that regular working hours are eight hours within a 24-hour period, or a 40-hour week.

However, this is not set in stone as working hours can be adjusted by collective agreements or negotiations with an employer. 

This means a working week can be reduced to 38 hours, for example, or a working day increased to 10 hours to allow for a four-day work week or flexible working.

Likewise, shift work has different rules and staff can work up to 12 hours during one shift without stepping into overtime territory.

FOR MEMBERS: Will a 4-day week and free German lessons help Vienna’s transport network find staff?

What is considered as overtime?

If someone has a job with regular working hours of eight hours a day or 40 hours a week, then overtime starts when they go over those hours. But only if there are no previously agreed exceptions in place.

Furthermore, employees can only be expected to work overtime if it does not create a conflict with their other responsibilities, such as child care or health care.

For anyone that does work overtime, they should be paid at a rate of 1.5 times their usual pay.

For part time (Teilzeit) staff with a set number of contracted hours (e.g. 25 hours), the pay for overtime is 1.25 the usual rate. This is known as “extra work” (Mehrarbeit).

READ MORE: How Austrian employers use private detectives to check if workers are sick

What are the rules for working overtime in Austria?

According to the employment law in Austria, staff can work up to 20 hours per week in overtime. This means up to 12 hours a day and up to 60 hours a week.

But any request by an employer to work overtime can be refused if it would result in working more than 10 hours per day or 50 hours a week. An employee does not have to give a reason for turning down overtime.

It’s also worth noting that conditions around overtime can vary depending on an employment contract or collective agreement, so always check the rules in your workplace before agreeing to (or declining) overtime work.

Vocabulary

Overtime – Überstunden

Extra work – Mehrarbeit

Full time – Vollzeit

Part time – Teilzeit

Flexible working – Gleitzeit

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

WORKING IN AUSTRIA

EU takes action against Austria on working rights

Austria comes up short in areas such as 'transparent and predictable working conditions' and 'promotion of equality in the labour market', the EU Commission has said.

EU takes action against Austria on working rights

The EU Commission has reprimanded Austria on several labour market issues, according to a press statement by the Brussels-based authority.

Austria is lagging in properly implementing EU regulations in “transparent and predictable working conditions” and “promotion of equality in the labour market”.

After the European Union sends out directives to member states, it also sets a deadline for the countries to bring the EU-agreed rules to the national level.

READ ALSO: 10 ways EU countries aim to cut energy bills and avoid blackouts this winter

The first directive for “transparent and predictable working conditions” provides more extensive and updated labour rights and protection to the 182 million workers in the European Union.

The EU Commission stated: “With the new rules, workers have, for instance, the right to more predictability regarding assignments and working time. They will also have the right to receive timely and more complete information about the essential aspects of their job, such as place of work and remuneration”.

Austria and 18 other member states have failed to communicate the complete transposition of the directive into national law by the deadline of August 1st.

READ ALSO: 10 ways EU countries aim to cut energy bills and avoid blackouts this winter

Promotion of equality in the labour market

Additionally, Austria has failed to notify national measures transposing the “Work-Life Balance Directive” by the EU and has been notified along with 18 other countries.

The directive “aims to ensure equality in labour market participation by encouraging equal sharing of care responsibilities between parents”.

“It introduced paternity leave, ensuring that fathers/second parents have the right to take at least ten working days of paternity leave around the time of birth of the child. The Directive also establishes a minimum of four months of parental leave, with at least two of the four months non-transferable from one parent to another.

READ ALSO: Non-EU family members of EU citizens can obtain long-term residence, court rules

“It establishes five working days per year of carers’ leave for each worker providing personal care or support to a relative or person living in the same household and gives all working parents of children up to at least eight years old and all carers a right to request flexible working arrangements.”

The Austrian federal government now has two months to respond to the EU Commission’s letter of formal notice, otherwise, it faces another warning – and could eventually see its case going to the European Court of Justice.

SHOW COMMENTS