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Recent amendment to the Austrian Working Time Act - The “twelve hour workday” from 01.09.2018

The legislative initiative on the twelve-hour workday and the flexible working hours has caused great excitement. The amendment act was passed on 05.07.2018 and will bring the following changes:

 

  • The term "executive employee" has been redefined. Excluded are persons who have "autonomous decision-taking powers". Therefore, numerous questions of interpretation remain unanswered.
  • The maximum working time may amount to a maximum of 12 hours per day and a maximum of 60 hours per week. The maximum working time must not exceed an average of 48 hours per week over a duration of 17 weeks.
  • The 11th and 12th hour can be rejected by the employee without giving a reason. 
  • The standard working hours remain unchanged at 8 hours per day and 40 hours per week.
  • A practice-relevant exception to the 8-hour standard working time is flexi-time. It is now possible to work up to the 12th hour a day under flexi-time, even without any overtime being generated provided that (i) a time balance is provided in whole days and (ii) the collective agreement does not limit normal working time to 10 hours. In such a case, a new works agreement or, in companies without a works council, an individual agreement must be concluded.
  • More favorable provisions flowing from collective agreements and works agreements will remain in force and will not be affected by the amendment.

Our employment law expert Dr. Ingrid Korenjak summarized the amendment on working time law for you under this link, for more Information click here >> 

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