Working Hours In Austria: Understanding The Austrian Work Culture

Austria has a traditional working environment with strict laws protecting employees, some of which date back to the 1950s. The standard working week in Austria is 40 hours, usually worked between Monday and Thursday, 8 am to 5 pm, and 8 am to 3 pm on Fridays, with an hour for lunch. However, there are exceptions to these working hours, and some industries have different working patterns.

Regular working hours

In Austria, the standard working week is 40 hours, with a maximum of 48 hours. This is usually achieved by working an eight-hour day, Monday to Friday. The working day typically runs from 8 am to 5 pm, Monday to Thursday, and 8 am to 3 pm on Fridays, with an hour for lunch.

However, there are many variations to this, with some companies offering flexible working hours, part-time work, and four-day weeks.

Flexible Working Hours

If an employee's working hours are flexible, they can decide when their working day begins and ends within a stipulated time frame. During a certain "core time", the employee must be present. This flexibility must be regulated by a company agreement or a flexible working time agreement.

Part-Time Work

Part-time work is when the agreed-upon weekly working hours fall below the legal regular working hours of 40 hours, or the shorter working hours regulated by a collective agreement. Part-time employees must not be disadvantaged compared to full-time employees.

Four-Day Week

Under certain conditions, a four-day week is possible, with each day consisting of ten working hours.

Overtime

If an employee works more than the regular working hours (eight hours per day or 40 hours per week), they are doing overtime. Overtime must be remunerated with an additional bonus of 50% in money or time. Employees may only be subjected to overtime if it does not conflict with their own considerable interests, such as childcare or a doctor's appointment.

Collective Agreements

Collective agreements in many industries have shortened the regular weekly working hours to 38 hours or less. A collective agreement may extend the regular daily working hours to ten hours.

Breaks and Rest Periods

If the total working time exceeds six hours, it must be followed by a rest period of at least half an hour. After the end of the daily working time, the employee is entitled to an uninterrupted rest period of at least 11 hours.

The weekly resting time is regulated by the Act on Work Resting. An employee is entitled to an uninterrupted resting period of 36 hours, starting on Saturday at 1 pm and including Sunday.

Exceptions

There are many exceptions to the above, as outlined in the Working Hours Act. For example, daily working hours may be extended to nine hours per day to allow for a longer continuous period off work, such as a long weekend.

In the case of flexible working hours, the regular daily working hours may be extended to up to ten hours.

Overtime and pay

To be eligible for overtime pay, employees must have an agreement in place, either explicit or implicit, to work additional hours beyond their regular working hours. Overtime must also typically be pre-approved by the employer or a member of the managerial staff. In cases of unauthorised overtime, employees may still be entitled to compensation if the overtime was necessary and the employer benefited from the work.

Calculating overtime compensation in Austria depends on the employee's pay structure. For hourly and salaried employees, overtime pay is calculated at a rate of at least 150% of the regular hourly rate. This means employees earn 1.5 times their normal hourly rate for hours worked beyond the standard weekly or daily hours. For piecework and commission-based employees, overtime is calculated based on an average of their earnings over a representative period, also multiplied by the 150% rate.

Bonuses can also be included in the calculation of overtime pay, particularly if they are a regular part of compensation. However, discretionary bonuses are usually not included.

Employees in Austria have the legal right to receive additional compensation for working overtime. They are entitled to either financial compensation or compensatory time off instead of a financial payment. Employers are legally obligated to adhere to the rules governing overtime work, including proper compensation and record-keeping. Failure to comply with overtime regulations can result in legal penalties, including fines and back payments owed to employees.

Breaks and rest periods

The Austrian Working Hours Act and Austrian Law on Rest Periods contain a large number of provisions relating to breaks and rest periods. These are important to maintain productivity and employee health.

If the total working time exceeds six hours, it must be followed by a rest period of at least half an hour. This break is not paid and is not considered part of the working time. If justified, you may split the 30-minute break into several breaks of at least ten minutes each. However, there are also several exceptions and special regulations regarding breaks, for example, in shift work, for airline employees or train crews.

In addition to breaks, a certain number of work-free hours for the purpose of recovery and regeneration are prescribed by law. As soon as the regular working time ends, an employee is entitled to eleven hours of uninterrupted leisure time, or the so-called daily rest period. Some collective agreements specify exceptions to the existing rules on rest periods. For example, daily rest periods for employees in the hospitality and catering industry or the accommodation sector can be reduced to eight hours. On-call duty can also shorten the stipulated eleven-hour rest period.

The law defines an uninterrupted rest period of 36 hours on weekends. Employees must begin the weekend no later than 1 pm on Saturday and are not permitted to work on Sundays at all. Employees are only allowed to work on weekends in the case of legally permissible exceptions, for example, within the context of the Working Hours Act or a collective agreement. One notable exception is shift work.

If employees work on weekends, an uninterrupted rest period of 36 hours must be provided in every calendar week, including an entire day during the week. This also applies to weekend rest.

Employees who have to work during this period are entitled to so-called compensatory rest in the following working week in addition to the rendered working time. The number of hours (compensatory rest) is based on the period of work within the 36-hour period before starting work for the next working week.

Each employee in Austria enjoys thirteen public holidays per year in Austria regardless of the person’s religion or the particular federal province in which he or she resides—unless the employee is affected by a legally permissible exception to the rule. Generally speaking, employees are entitled to an uninterrupted rest period of at least 24 hours on public holidays. The public holiday rest must begin between midnight and 6 am on the respective public holiday.

Working time for drivers

Special working hour regulations exist for some vocational groups such as professional drivers of motor vehicles due to the particular working environment. These rules are designed to prevent overtiredness and thus avoid any driving impairment. However, there are diverging regulations applying to different professions. The following points apply to all motor vehicle drivers:

• Driving time refers to the entire time spent sitting behind the steering wheel during one’s work. This also includes waiting times resulting from traffic jams or at traffic lights. A distinction is made between daily and weekly driving times.
• Driving times must be regularly interrupted by taking breaks from driving. This time serves the purpose of recovery and regeneration on the part of drivers. As a result, no other work can be performed during these breaks. Breaks from driving comprise paid working time.
• Working time includes driving time, breaks from driving, breaks and other working times. In other words, the total working time consists of the entire time between two rest periods.

Parental leave

In Austria, the family is the basis of the social structure. The government supports maternity and paternity leave, as well as reduced working hours to accommodate family commitments.

Mothers and fathers in employment are legally entitled to parental leave from their employer. This leave is mandatory and cannot be refused. Parental leave is unpaid and can be taken for a minimum of two months, and a maximum of 24 months (or until the child's second birthday), provided the parent and child live in the same household.

The parental leave period can be shared twice between the parents, allowing for a total of three periods of leave (e.g. mother, father, mother). Each period must be at least two months long. During the first changeover of parental leave, parents can take one month of simultaneous leave, but this will shorten the total duration of parental leave. During simultaneous leave, only one parent can receive the childcare allowance.

Parents must notify their employer of their planned leave. If the mother is taking leave immediately following the maternity protection period, she must inform her employer during this period. Fathers must notify their employer of their planned leave no later than eight weeks after the birth of the child. If the parent who initially cares for the child is not entitled to parental leave, the other parent must inform their employer about the start and duration of their leave no later than three months before beginning their leave.

If parental leave is shared, the parent taking the next period of leave must inform their employer no later than three months before the end of the current parental leave period. If the period of parental leave immediately following the maternity protection period is less than three months, the employer must be informed about the subsequent parental leave period before maternity protection ends.

Both parents have the opportunity to postpone three months of their parental leave until before the child's seventh birthday or school enrolment. This does not extend the total duration of parental leave.

During parental leave, parents may enter a minor employment relationship, either with the company they are taking leave from or with another employer. The pay for this employment may not exceed the minor employment threshold. Alternatively, they can arrange employment with the company they are taking leave from, which can pay more than the minor employment threshold but must last a maximum of 13 weeks per calendar year.

Protection against redundancy and dismissal during parental leave varies depending on the circumstances. If a mother takes parental leave immediately after the maternity protection period, protection against redundancy and dismissal continues. If a father takes parental leave immediately after the maternity protection period, protection begins when they notify the employer but not before the birth of the child. In all other cases, protection begins with the announcement of the intention to take parental leave but no earlier than four months before parental leave starts. Protection ends four weeks after parental leave, or after the end of the most recent period of shared parental leave.

Working Hours in Austria

The average working week in Austria is around 40 hours, with a maximum of 48 hours, according to federal regulations. However, collective bargaining agreements may supersede these regulations. Contracts that directly or indirectly affect 80% of the working population regulate the number of working hours per week.

The standard working day is eight hours long, and the working week runs from Monday to Sunday. However, collective agreements in some industries have shortened the regular weekly working hours to 38 hours or less. A collective agreement may extend the regular daily working hours to ten hours.

Flexible working time allows employees to decide the start and end of their daily working hours within an agreed-upon time frame. During a specified "core time", the employee's presence is mandatory.

Overtime is accrued if regular working hours are exceeded, and employees may only be required to work overtime if it does not conflict with their significant interests, such as childcare or medical appointments. Overtime must be compensated with an additional bonus of 50% in money or time off in lieu.

Breaks and rest periods are also regulated. If the total working time exceeds six hours, it must be followed by a rest period of at least half an hour. After the end of the daily working time, employees are entitled to an uninterrupted rest period of at least 11 hours. The weekly resting time is regulated by the Act on Work Resting, which entitles employees to an uninterrupted resting period of 36 hours, starting on Saturday at 1 pm and including Sunday.

Annual leave

In Austria, employees are entitled to a minimum of 5 weeks of paid annual leave, which equates to 30 working days per year. This applies to those working a 6-day week (Monday to Saturday, which is typical in Austria). For those working a 5-day week, the entitlement is 25 working days of paid leave per year. After 25 years of service, employees are entitled to 6 weeks of paid leave, or 36 working days.

The entitlement to paid annual leave is calculated in proportion to the length of service in the first year of employment. In the first 6 months, the leave is calculated in proportion to the time worked, and from the start of the 7th month, employees receive their full leave entitlement. From the second year of employment, the full leave entitlement accrues from the beginning of the working year.

The working year commences on the date the employee starts the job, and the leave must be taken during the calendar year. The specific dates and duration of leave are agreed between the employer and employee, and the employer must give consent. If an employee falls ill for more than 3 calendar days whilst on leave, these days do not count as leave, but the employer must be informed immediately, and a medical certificate provided. Any unused paid leave must be compensated for after the end of the employment relationship.

In addition to annual leave, employees are entitled to time off for public holidays. In Austria, these include:

• 1 January (New Year)
• 6 January (Epiphany)
• Easter Monday
• 1 May (State holiday)
• Ascension Day
• Whit Monday
• Corpus Christi
• 15 August (Assumption)
• 26 October (National Holiday)
• 1 November (All Saints)
• 8 December (Immaculate Conception)
• 25 December (Christmas)
• 26 December (St Stephen's Day)

Frequently asked questions