Working Hours Act - Collective Agreement - Company Agreement - Employment Contract in Austria
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Why is trust-based working time so controversial? In this blog, we will tell you what trust-based working hours really mean, what opportunities and risks they entail and which legal regulations employees and employers must observe.
Trust-based working hours: flexibility or control and transparency through time recording?
Why is trust-based working time so controversial? In this blog, we will tell you what trust-based working hours really mean, what opportunities and risks they entail and which legal regulations employees and employers must observe.
In day-to-day HR work, it is not always clear what obligations employees have, how working time records should be kept correctly, which special provisions apply to leave or how overtime is collected. In addition, there are ongoing changes relating to working from home, short-time working, etc., which raise new questions for managers.
Stages of the legal system
The main rights and obligations of employees and employers are determined by law, collective agreements, works agreements and employment contracts.
At the highest level is the law, followed by the collective agreement, the works agreement and the employment contract.
Working Hours Act
For most employees in Austria, the Working Hours Act the legal framework.
The Working Hours Act defines the term "working hours" as the time from the beginning to the end of work without rest breaks. It then specifies the daily and weekly normal working hours with numerous variants and the maximum limits on working hours. The difference between the maximum permitted working hours and the normal working hours is made up of Overtime and overtime.
Working time also includes Readiness for workthe time between two places of work and the travel time for Business trips. However, there are special regulations for business trips.
Various Inability to work for personal reasons count as working time. Not during working hours include rest breaks (with exceptions) and the time between home and work (commuting time).
Important!
The Recording of working hours is required by law in Austria. It is important that the daily working hours, including all breaks, as well as absences and rest periods, are recorded.
You can find more information about the Working Hours Act and the exceptions here.
Collective agreement
The collective agreement is an agreement concluded between employers' and employees' associations. On the employers' side, it is primarily the trade associations or trade groups of the Economic Chamber organization that are entitled to conclude collective agreements. On the employee side, the Austrian Trade Union Federation (ÖGB).
Scope of application
The technical scope of application of a collective agreement regulates the companies to which the collective agreement applies. Which collective agreement is applicable in an individual case is primarily determined by the company's trade license or the employer's membership of the relevant chamber.
Example:
Which collective agreement you are subject to as an employee does not depend on the profession you have learned or the profession you actually perform, but on the industry in which you work. An accountant who works in a hotel is subject to the collective agreement for employees in the hospitality industry.
Company agreement
Works agreements are written agreements concluded between the employer and the works council, the regulation of which is reserved for the works agreement by law or collective agreement.
Works agreements therefore basically have the same effect as laws. They apply directly and are binding. No additional agreement between employer and employee on the content is required. However, if a provision is made in the employment contract regarding the content of a works agreement, this is only valid if it is more favorable for the employee (principle of favorability). For some measures, the employer requires the consent of the works council.
Important!
If there is no elected works council in a company, no works agreement can be concluded!
Employment contract
If someone undertakes to perform work for another person, this constitutes an employment contract. It is binding on both parties, as both contracting parties (employer and employee) have both rights and obligations. As the contract is not subject to any legal formal requirements, it can theoretically also be concluded verbally. In principle, verbal agreements are just as valid as written agreements. However, the conclusion of a written employment contract before the start of the employment relationship is strongly recommended for reasons of legal certainty.
Important!
If there is no written contract, the employee still has the right to receive a service certificate.
Personnel cloud
Personalwolke can help you to easily comply with legal and/or contractual requirements. Furthermore, it is possible to store different contractual agreements for each employee and make parameter settings, for example to Vacation entitlement automatically. Personalwolke can also calculate changes in time models (full-time to part-time or maternity leave).
Would you like to find out more about the implementation options for your agreements?
Arrange a free consultation now and we will get back to you shortly.
