Can my boss order overtime in Austria?
Partly — your boss may order overtime, but only within limits and with extra pay. An overtime hour begins beyond normal working time (usually 8 h/day or 40 h/week) and carries at least a 50% surcharge — as money or as time off (Zeitausgleich) (1 overtime hour = 1.5 hours off). The maximum working time is 12 hours a day and 60 a week (Working Time Act). The employer may only order overtime if you are obliged or consent and no overriding personal interest opposes it. Beyond 10 h/day or 50 h/week, you decide between money and time off. In short: yes, but with a surcharge, limits and rest periods.
📋 The rules
- Overtime = beyond 8 h/day or 40 h/week
- At least a 50% surcharge or time off
- Maximum 12 h/day and 60 h/week
- Beyond 10 h/day or 50 h/week: you choose
- 11 hours daily rest is mandatory
🔓 Exceptions
- Pregnant staff and under-18s: no overtime
- All-in covers overtime only up to the agreed lump sum
- Collective agreements: often 100% for night/Sunday/holiday
⚠️ Penalties & fines
If the employer breaches the working-time limits, that's an administrative offence; the labour inspectorate can fine per affected employee, and unpaid overtime can be claimed retroactively (subject to forfeiture/limitation by contract and collective agreement). Beware a myth: "with an All-in contract overtime is flat-rate and never paid extra" is false — All-in covers overtime only up to the agreed lump sum; an annual coverage check must show the actual overtime was covered, otherwise the excess must be paid. Tip: keep accurate working-time records — they're decisive in a dispute.
📎 Official sources
❓ Frequently asked
Do I have to work overtime?
Only if you are obliged to, for example by contract or collective agreement, or if you consent. And even then only if no overriding personal interest of yours opposes it. Pregnant staff and under-18s generally do not have to work overtime.
How much surcharge do I get?
Every overtime hour carries at least a 50 percent surcharge. You get it either paid as money or, by agreement, as time off. An overtime hour with a 50 percent surcharge then equals 1.5 hours off. Many collective agreements provide higher surcharges for night, Sunday or holiday work.
How long can I work at most?
The daily maximum working time including overtime is 12 hours, the weekly maximum 60 hours. In addition, an uninterrupted daily rest of 11 hours must be observed. These limits may only be exceeded in narrowly defined exceptional cases.
Is overtime covered by All-in?
An All-in contract covers overtime only up to the agreed lump sum. Once a year a coverage check must show that the overtime actually worked was covered by the lump sum. If it wasn't, the excess must be paid in addition.
What if the employer exceeds the limits?
Breaches of the maximum working times are administrative offences. The labour inspectorate can impose a fine per affected employee. You can claim unpaid overtime retroactively, observing the forfeiture and limitation periods from the contract and collective agreement.
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