Overtime vs. additional hours in Austria 2025

The Austrian Working Hours Act and the associated regulations on Overtime and Overtime are of central importance for companies and employees. While these terms are often used interchangeably, they differ significantly in legal terms - with direct implications for remuneration, Time recording and compliance.

What is overtime and extra hours? - The most important definitions

Basic definitions of terms

Overtime arise when employees work beyond their agreed working hours but are still within the statutory working hours. Normal working hours of 40 hours per week or 8 hours per day. Overtime on the other hand, are present if the legally stipulated working hours are exceeded.

Statutory vs. collectively agreed working time

The Working Hours Act Austria defines the normal working week as 40 hours. Many Collective agreements However, some countries provide for shorter working hours - for example 38.5 hours in retail or 37 hours in the social economy. This difference to the statutory standard working hours leads to the creation of Overtime.

The Austrian Working Hours Act as a basis

Normal working hours according to AZG

The Working Hours Act (AZG) is the central legal basis for regulating working hours in Austria. The Normal working hours is a maximum of 8 hours a day and 40 hours a week. These limits apply to all employees, with the exception of senior executives.

Maximum working hours and limits

In the event of increased work requirements, up to 20 Overtime per week is permitted. The daily working time may not exceed 12 hours and the weekly working time may not exceed 60 hours. However, a maximum of 48 hours per week may be worked on average over 17 weeks.

Exceptions and special regulations

Special regulations apply to flexitime, shift work and certain sectors. For Flexitime agreements flexible working hours can be agreed within defined core hours, whereby the average weekly working hours must be adhered to.

Understanding overtime: When and how do they arise?

Arising of overtime

Overtime arise automatically if the contractually agreed working hours are exceeded but the statutory normal working hours have not yet been reached. In the case of Collective agreement with 38.5 hours per week arise from the 39th working hour onwards Overtime.

Surcharges and remuneration

For Overtime is generally entitled to a Surcharge from 25% of the normal hourly wage. This Overtime surcharge can, however, be realized by Time compensation be settled at a ratio of 1:1 within three months.

Time compensation options

Part-time-Employees have the following Overtime different options: Either the settlement is made by the 25% surcharge or by Time compensation 1 to 1. The decision is usually made by the employer, unless otherwise agreed.

Overtime in Austria: regulations and limits

Definition of overtime

Overtime start from the 41st hour of the week or the 9th hour of the day. You must start with a Statutory overtime pay of at least 50%. The WKO Overtime-guidelines provide clear guidelines here.

Authorization to issue orders

Employers can Overtime only if this is contractually agreed and does not conflict with any interests of the employees worthy of consideration. A general obligation to Overtime work does not exist.

Right of refusal for important reasons

Employees can Overtime for important personal reasons, such as childcare obligations or medical appointments. From the 51st hour of the week or 11th hour of the day, there is an absolute right of refusal without justification.

Collective agreements and their impact on working hours

Shorter working hours in various sectors

Different industries have different Collective agreement Austria-regulations. The Collective bargaining agreement provides for 38.5 hours per week, while the construction industry requires 39 hours and the social economy only 37 hours. Reduced working hours define.

Effects on overtime and extra hours

Depending on Collective agreement different numbers of Overtime before reaching the Overtime-threshold. This has a direct impact on remuneration and Overtime regulations Austria.

Remuneration and bonuses: How overtime and extra hours are paid

Statutory minimum surcharges

The Overtime pay takes place according to the Overtime pay law with at least 50% surcharge. Overtime are tempered with 25%, but can be replaced by Time compensation be compensated.

Calculation examples

How is overtime paid? The calculation is based on the formula: Basic hourly wage + supplement = total remuneration. With a Overtime divider 40 hour week and a monthly wage of 3,000 euros results in a basic hourly wage of 17.32 euros (3,000 ÷ 173.2 hours).

 
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Time compensation vs. monetary compensation

Employers and employees can determine by mutual agreement whether Overtime in money or through Time compensation be compensated. With Time compensation must Overtime be balanced at a ratio of 1:1.5 to take account of the 50% surcharge.

Time recording in Austria: Obligations for employers

Obligation to keep records according to § 26 AZG

The Time Recording Law Austria obliges all companies to Working time recording. According to § 26 AZG, the start and end of working hours, breaks and weekly and daily working hours must be recorded.

What must be recorded

The Working time recording Austria includes detailed records: daily working hours, rest breaks, overtime and, in the case of flexible models, also working time periods. Violations can lead to fines of between 145 and 1,815 euros.

Exceptions and special features

Senior employees are exempt from the time recording obligation. In the case of fixed duty rosters, a monthly confirmation of compliance is sufficient; only deviations must be recorded on an ongoing basis.

Focus on digital time recording systems

Advantages of digital solutions

Digital time recording solution for Austria offers numerous advantages: automated calculation of Overtimesimplified compliance and reduced administrative effort. Modern Time recording software like Personnel cloud fulfills all legal requirements and automatically calculates overtime

Legally compliant implementation

Electronic time recording for Austria must fulfill all AZG requirements. These include minute-by-minute recording, secure data storage and the option for employees to request their data free of charge on a monthly basis.

Software requirements

A professional Time recording for employees should be GDPR-compliant, support mobile recording and offer automatic overtime calculations. Integration into existing HR systems is essential.

Home office and mobile working: special regulations

Time recording in the home office

Time recording in the home office is subject to the same legal provisions as office work. In the case of self-determined working hours, however, it is sufficient to record the daily duration of working hours in accordance with Section 26 (3) AZG.

Mobile time recording

Time recording apps enable flexible working time recording from any location. It is important that break times and rest periods are also observed in the Home office.

Special requirements

Mobile time recording must meet special data protection requirements and should offer offline functionality. Synchronization with central systems must be secure and encrypted.

Practical tips for companies and employees

Ensure compliance

Time recording company Austria requires clear processes and regular checks. Companies should Time recording systems regularly check for legal compliance and train employees accordingly.

Avoid common mistakes

Typical errors are incomplete pause recording, incorrect Overtime-calculations and a lack of documentation for flexible working hours. A professional HR Software-solution can minimize these risks.

Best Practices

Successful Working hoursThe management is based on clear rules, transparent communication and user-friendly tools. Regular training and updates on Labor law Overtime-regulations are essential.

Legal notice: This information has been carefully researched but does not replace legal advice. For binding information, please contact your legal advisor or find out more at https://www.wko.at/service/arbeitsrecht-sozialrecht/start.html.

Frequently asked questions about overtime and extra hours

What is the difference between overtime and extra hours?

Overtime arise if you work beyond your contractually agreed working hours but still remain within the statutory 40-hour week. Overtime are present if you exceed the statutory normal working hours of 40 hours per week or 8 hours per day.

How high are the bonuses for overtime and extra hours?

For Overtime you will receive a surcharge of 25% or can Time compensation in a ratio of 1:1. Overtime are remunerated with at least 50% surcharge or by Time compensation compensated at a ratio of 1:1.5.

Do I have to work overtime if my employer asks me to?

You can Overtime for important personal reasons. From the 51st weekly lesson or 11th daily lesson, you have an absolute right of refusal without the obligation to give reasons.

What time recording is required by law in Austria?

According to § 26 AZG, all companies must record the start and end of working hours, breaks and daily and weekly working hours. Only executive employees are exempt.

How is overtime calculated for part-time employees?

With Part-time arise Overtime from the first hour of your agreed working time up to the 40-hour limit. Only then do the Overtime with 50% surcharge.

Can I take time off in lieu for overtime?

Yes, Overtime can be achieved by Time compensation be compensated at a ratio of 1:1.5, Overtime The decision between monetary remuneration and time compensation is made together with your employer.

Do the same time recording rules apply in the home office?

Yes, the Time recording in the home office is subject to the same legal provisions. In the case of self-determined working time, it is sufficient to record the daily duration of working time in accordance with Section 26 (3) AZG.