What are the rest periods in Austria?
In Austria, statutory Rest periods play a central role in labor law, as they protect the health and well-being of all employees. They stipulate how much rest must be guaranteed between individual working days and weeks. Anyone who is familiar with the regulations on daily and weekly rest periods and their compensation will create the basis for a fair and legally compliant working environment - for both companies and employees.
What are statutory rest periods in Austria?
Rest periods are legally prescribed recovery periods to which all employees in Austria are entitled. They serve to protect health, promote performance and ensure the necessary recovery between work phases. Compliance with these rest periods is not only a legal obligation, but also a central element of a modern and healthy working environment.
Legal basis: Working Hours Act and Working Hours Rest Act
The statutory rest periods in Austria regulate the Working Hours Act (AZG) and the Work Rest Act (ARG). These laws clearly define the minimum requirements for daily and weekly rest periods and break regulations. They apply to almost all employment relationships, although there are some industry-specific exceptions, such as in the healthcare and hospitality sectors.
Daily rest time: definition, legal requirements and compensation
At the end of working hours, all employees must complete a Uninterrupted daily rest period of at least eleven hours received. This period is for regeneration and recovery and may only be shortened in a few exceptional cases, such as collective agreements.
However, should an injury nevertheless occur, the employer must provide compensation: The shortened rest period must be compensated for by a corresponding extension of another daily rest period within the same or the following working week. This ensures that the total rest time in the compensation period is not reduced and that the health of the employee continues to be protected.
| Work area | Statutory daily rest period |
|---|---|
| General | 11 hours |
| according to collective agreement | 8-10 hours (with exceptions, with compensation) |
Compliance with these rest periods is mandatory and employers must document them in order to be able to prove compliance with the legal requirements at all times.
We recommend a digital Time recording software to use. This automatically checks the daily rest periods and highlights any infringements.
Weekly rest period and weekend rest
In addition to the daily rest period, all employees are entitled to a Weekly rest period of at least 36 hours to. This must always include Sunday so that social participation and relaxation are guaranteed. Weekend rest begins on Saturday at the latest and ends on Sunday evening at the earliest, depending on the first arrival booking on Monday and the shift model.
| Regulation | Details |
|---|---|
| Weekly rest period | min. 36 hours, incl. Sunday |
| Start of weekend rest | Saturday 1 p.m. at the latest (3 p.m./6 p.m. depending on the sector) |
| End of weekend rest | Sunday 18/20 at the earliest |
Substitute rest: entitlement and special features
The entitlement to Substitute rest arises if you have to work during your weekly rest period - i.e. usually at the weekend. The relevant period is the 36 hours immediately before the regular start of the next working week.
Any working time that you perform during these 36 hours must be released by your employer in the following week as substitute rest to the same extent. The substitute rest should generally be taken directly before the next weekly rest period, unless otherwise agreed.
In modern time recording systems, the entitlement is calculated automatically. The substitute rest can be requested and claimed via workflows.
Rest periods on public holidays
Special protection also applies on public holidays: employees are entitled to a uninterrupted rest on public holidays of at least 24 hours. In shift work, special regulations apply that allow rest periods to be adjusted.
Break regulations during working hours
In Austria, the Working Hours Act stipulates that employees must take a break after six hours of uninterrupted work at the latest. Rest break of at least 30 minutes must be given. This break can be divided into several parts of at least 10 minutes each if this is necessary for operational reasons. For shift work and night work, however, deviating or supplementary regulations can be made by collective agreements or company agreements.
| Working time (per day) | Legal break Austria |
|---|---|
| > 6 hours | min. 30 minutes (divisible) |
As a rule, the break does not count as working time, unless otherwise agreed in the collective agreement or in a company agreement.
Documentation obligations and time recording in companies
Employers must record all working hours, breaks and Rest periods carefully documented. These Working time recording is also of great importance for inspections by the labor inspectorate. Employees have the right to receive a copy of these records free of charge every month. Failure to comply with these obligations can result in severe penalties.
Digital time recording: solutions and benefits for companies
Modern & digital Time recording software help companies to implement the legal requirements efficiently. They enable seamless recording of the start and end of working hours, breaks and rest periods. Especially in the context of the Working Hours Act companies benefit from automated processes, increased transparency and legally compliant documentation. Mobile and cloud-based solutions & apps are also becoming increasingly important.
Rest periods in the home office and for mobile work
Also in the Home office and for mobile work, the statutory rest periods apply without restriction. The Home office presents companies and employees with new challenges, as working hours are often more flexible. Nevertheless, daily and weekly rest periods and breaks must be observed and documented. Digital tools make it easier to comply with the requirements and create a transparent overview of working hours.
Consequences of violating rest periods
Violations of the statutory Rest periods in Austria can lead to high administrative penalties. The control is carried out by the Labor Inspectorate Austria. Employers who do not comply with rest periods or do not document them properly risk severe penalties and legal consequences. Compliance with the legal requirements not only protects against sanctions, but also contributes significantly to the health and satisfaction of employees.
FAQ: Rest periods in Austria
What is the minimum daily rest period?
The daily rest period must be at least 11 hours. In certain sectors, such as the hospitality industry, this can be reduced to 8 hours.
What is a weekly rest period?
The weekly rest period must be at least 36 hours and must always include Sunday.
Is there a special regulation for public holidays?
Yes, employees are entitled to an uninterrupted rest period of at least 24 hours on public holidays.
When is there an entitlement to substitute rest?
If work is performed during the weekly rest period, an equivalent substitute rest period must be granted in the following week.
What obligations do employers have with regard to time recording?
Employers must fully document working hours, breaks and rest periods and provide employees with a copy of the records on a monthly basis.
Does the rest period also apply when working from home?
Yes, the statutory rest periods also apply without restriction in the home office and for mobile working.
What are the penalties for violating rest periods?
Violations can be punished with administrative penalties, which are controlled by the labor inspectorate.
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