Legal aspects of flexible working hours in Austria

Basics of the Working Time Act (AZG)

The implementation of flexible working hours in Austria must align with the Working Time Act (AZG). This law sets the maximum daily and weekly working hours, usually 8 hours per day and 40 hours per week. However, this can vary by collective agreements (Kollektivverträge).

Flexitime Regulations and Their Preconditions

Flexitime allows employees to determine the start and end of their working hours within a defined framework. A specific flexitime agreement must outline details such as time frames, flexitime periods, and the transfer of time credits. It is also important that flexitime can extend the normal working day to up to 12 hours if the agreement allows it.

Works Agreement and Individual Agreements

If a works council exists, a works agreement is required to introduce flexitime. In the absence of a works council, written individual agreements must be made with the affected employees. This regulation ensures clarity and protection for both parties.

• Works Council Required for Works Agreement
• Individual Agreements in Absence of a Works Council

Relevant Recording Obligations

Employers must keep accurate records of working hours to meet legal requirements. This practice ensures transparency and can serve as evidence in the event of legal disputes.