Austria's working time framework sits in the Arbeitszeitgesetz - the Working Time Act. It sets firm limits on daily and weekly hours, defines when overtime applies, and specifies what happens when you exceed those limits. If your employees work in Austria, these rules apply to you.

The Basic Limits

Normal working time is eight hours per day and 40 hours per week. Many collective agreements reduce this further - 38.5 hours per week is common across several sectors.

Beyond the normal limit, employees can work up to ten hours per day through overtime. With the agreement of the works council (Betriebsrat), or through a written individual agreement where no works council exists, hours can go up to 12 hours per day and 60 hours per week.

The 60-hour week is the absolute ceiling. It cannot be exceeded.

Overtime Rates

Austrian law sets minimum overtime rates. Hours beyond the normal daily limit are paid at a minimum of 150% of the regular hourly rate (a 50% premium). For overtime worked on Sundays and public holidays, the rate rises further, typically to 200%, though collective agreements often specify higher rates.

These rates are minimums. Your collective agreement or employment contract may guarantee more. Paying less than the statutory minimum is a labour law violation.

Rest Requirements

After a working day, employees must have at least 11 consecutive hours of rest. After each working week, a rest period of at least 36 consecutive hours is required, which must include Sunday unless your sector has an exemption.

For shifts longer than six hours, a break of at least 30 minutes is mandatory. For shifts longer than nine hours, a second break of at least 15 minutes must be added.

The 2018 Change: 12-Hour Days and 60-Hour Weeks

Austria amended the Arbeitszeitgesetz in 2018 to allow 12-hour daily and 60-hour weekly maximums. This was a significant change from the previous ten-hour daily cap.

The extension to 12 hours requires consent - either through the works council or an individual written agreement. Employees have the right to refuse overtime above ten hours per day without facing disadvantage. That right to refuse is explicit in the law. If you schedule a 12-hour day and the employee declines, you cannot penalise them for it.

The Austrian Labour Inspectorate

The Arbeitsinspektorat (Labour Inspectorate) enforces working time rules across all sectors except agriculture and domestic service. Inspectors can arrive unannounced. They check time records, payroll documentation, and contracts.

Employers must keep working time records accessible at the workplace. Electronic records are accepted; paper records must be signed. The retention period is at least seven years.

Penalties for violations range from administrative fines to criminal prosecution in serious cases. The Labour Inspectorate publishes an annual report with enforcement statistics - the numbers are not trivial.

Sector-Specific Rules

Austria has specific rules for a range of sectors including transport, healthcare, construction, and hotels and restaurants. The hospitality sector, for example, has separate provisions on split shifts and peak-season hours. Check whether your sector has a specific regulation under the Arbeitszeitgesetz or a separate law.

What Compliance Looks Like in Practice

Compliance requires three things. First, a schedule that does not exceed the legal limits before it is published. Second, real-time tracking that catches when actual hours deviate from the plan. Third, records that you can produce immediately if inspected.

Employers who rely on manual timesheets often discover problems after the fact - when payroll is processed or when an inspector asks for documentation. By then, the violation has already occurred.

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