What does the public holiday regulation mean?
The public holiday regulations describe the legal provisions on how public holidays are to be treated under employment law. It regulates whether employees may work on public holidays, how they are paid and what compensation entitlements employees are entitled to.
In Austria, public holiday regulations are clearly enshrined in law and are particularly relevant for HR departments, as they have a direct impact on working hours, payroll accounting and duty scheduling.
Which public holidays apply in Austria?
In Austria, there are nationwide public holidays, on which there is a general rest from work.
These include, among others:
→ New Year, national holiday, Ascension Day
→ Christmas, Easter, Whitsun
→ National holiday
If a public holiday falls on a regular working day, employees retain their entitlement to remuneration, even if no work is performed.
Can you work on public holidays?
Working on public holidays is only permitted in certain sectors and subject to legal exceptions, for example:
- Health and care sector
- Gastronomy and tourism
- Transport, energy supply or emergency services
If work is performed on a public holiday, the employee is entitled to public holiday pay in addition to payment for the work actually performed - unless otherwise stipulated in the collective agreement.
How is remuneration paid on public holidays?
The public holiday regulation distinguishes between several scenarios:
Public holiday without work performance
→ Entitlement to full public holiday pay
Public holiday with work performance
→ Holiday pay plus pay for work performed
→ often bonuses or time off in accordance with the collective agreement
Part-time employment
→ Public holiday entitlement exists if the public holiday falls on an agreed working day
HR departments must pay particular attention to correct accounting and special collective agreement regulations.
What should companies and employees look out for?
For employees:
→ Check whether public holidays are correctly included in the duty roster
→ Check billing and surcharges
For companies & HR:
→ Know collective agreement regulations in detail
→ Document public holiday work correctly
→ Make duty rosters transparent and fair
A clear holiday policy prevents conflicts and additional payments.
Why are public holiday regulations important?
For employees:
→ Protection of free time, fair pay and legal protection
For companies:
→ Legal certainty, correct payroll accounting and transparent planning
Public holiday regulations are a central component of labor law and an important basis for trusting labor relations.
