What is the substitute rest in Austria?
Compensatory rest is a statutory entitlement for employees who work during their weekly rest period. It ensures that lost rest time is compensated for in the following working week.
Alternative rest is particularly relevant in industries with weekend or shift work, as work outside regular working hours is more common here.
What is the legal basis for substitute rest?
According to § Section 6 (1) of the Working Hours Rest Act (ARG) applies:
Employees who are employed during their weekly rest period are entitled to substitute rest in the following working week.
This substitute rest is to be counted towards the weekly working hours and must be granted to the extent that, in which the work within the 36 hours before the start of the next working week has been achieved.
How does the calculation of substitute rest work?
To determine how many hours of substitute rest are due, the number of working hours that fall within the statutory 36-hour period before the start of the new week is checked.
- Starting point: 36 hours before the start of regular working hours
- Counted are: all working hours within this period
- Result: Exactly this number of hours must be granted as substitute rest in the coming working week
What does a practical example of substitute rest look like?
One employee has a regular weekend off, but works extra hours:
- Saturday: 18:00-21:00
- Sunday: 14:00-16:00
The new working week begins Monday at 8:00 am.
The statutory 36-hour period therefore starts Saturday at 20:00.
working hours within this period:
- Saturday: 20:00-21:00 → 1 hour
- Sunday: 14:00-16:00 → 2 hours
Entitlement: 3 hours of substitute rest in the following working week
What do employees need to be aware of?
- Document working hours, especially weekend and additional services
- Get to know the start of the new working week, to be able to understand the 36-hour rule correctly
- Demand substitute rest, if it is not automatically taken into account
- For employment during the substitute rest period: Entitlement to subsequent grant continues to exist
What should companies & HR departments look out for?
- Granting substitute rest correctly and promptly - within the next working week
- Employment during the substitute rest period only in exceptional cases Allow
→ e.g. to avert immediate danger - Ensure documentation, in order to have legal certainty during inspections
- Design duty rosters accordingly, so that alternative rest periods can be scheduled
Why is substitute rest important?
For employees:
→ Protection against overwork, regulated rest periods and fair compensation for weekend work.For companies:
→ Legal certainty, compliance with the ARG and a stable, healthy working environment.
