What are the rules on working overtime in Austria?

Hayley Maguire
Hayley Maguire - [email protected] • 2 Jan, 2023 Updated Mon 2 Jan 2023 15:55 CEST
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Students in Austria value monetary return and flexibility at work. Photo by Mikhail Nilov / Pexels.

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

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.

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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.

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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).

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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

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Hayley Maguire 2023/01/02 15:55

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