Labor Law
What rights do employees have regarding overtime in Austria?
- Overtime
- Labor Law
- Austria
- Employee Rights
In Austria, overtime is clearly regulated, including definitions, refusal rights, and compensation options to protect employees and ensure fairness.
Definition and Basics of Overtime
In Austria, hours exceeding the statutory normal working hours of 8 hours per day or 40 hours per week are considered overtime. This definition ensures that employees can clearly assess their workload.
Obligation and Refusal of Overtime
Employees are only obligated to work overtime if there are corresponding agreements in the employment contract, collective agreement (Kollektivvertrag), or a company agreement. In addition, reasonable interests such as family commitments must not oppose it.
From the 11th working hour per day or the 51st hour per week, employees have the right to refuse overtime without giving reasons. This regulation protects employees from unreasonable excess workload and offers them flexibility without fearing negative consequences.
Limits of Overtime Work
To ensure health and legal aspects, the number of overtime hours is limited:
- A maximum of 20 overtime hours per week is allowed.
- Daily working hours must not exceed 12 hours.
- Weekly working hours are limited to a maximum of 60 hours.
- On average, over a period of 17 weeks, weekly working hours must not exceed 48 hours.
Compensation and Overtime Flat Rate
Overtime is to be compensated with a minimum surcharge of 50%. Alternatively, compensatory time off can be agreed upon, with each overtime hour providing 1.5 hours of compensatory time.
An overtime flat rate can be agreed upon for compensating usual extra work. If more overtime than covered by this flat rate is performed, it must be additionally compensated.
Frequently Asked Questions
Overtime refers to hours that exceed the daily normal working hours of 8 hours or the weekly normal working hours of 40 hours.
From the 11th working hour per day or the 51st hour per week, overtime can be refused without stating reasons.
Overtime is compensated with a surcharge of at least 50%, or compensatory time off can be agreed upon.
An overtime flat rate covers regularly occurring overtime. If more overtime is performed, it must be additionally compensated.
This post was AI-assisted and editorially reviewed.
Sources
This article provides an overview to the best of our knowledge (as of July 2026) and does not replace legal advice. Binding information on labor law and collective agreements is provided by the Chamber of Labor and the relevant union.
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