Working time in the Upper Austrian state service

Working time in the Upper Austrian state service

Employees pursuant to the Oö. Landes-Vertragsbedienstetengesetz 1993 [Upper Austrian State Contract Employee Act] or pursuant to the Oö. Landesbeamtengesetz 1993 [Upper Austrian State Public Officials Act]

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State of Upper Austria, Directorate for Human Resources

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Employment contract or notification

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a) General

Employees shall comply with the working hours prescribed in the duty roster, unless they are exempted or removed from service or absent from service for a justified reason.

The regular weekly working time is 40 hours.

The working time can be distributed flexibly over individual weeks of one calculation period of up to 52 weeks, in the interest of the service and/or to achieve a longer period of spare time, unless it exceeds the weekly working time of 40 hours during this period (flexible working time). Such a regulation on working hours shall be determined for individual work areas according to the requirements and with the cooperation of the employee representation.

If the overall duration of the daily working time is more than six hours, a resting time of half an hour shall be granted outside the working time. If it is in the interest of the employees of the office or necessary for operational reasons, two breaks of a quarter-hour each or three breaks of ten minutes each may be granted instead of a resting time of a half-hour.

After the end of the daily working time, the contract employee shall be granted an uninterrupted resting time of at least eleven hours.

The contract employee shall be granted an uninterrupted weekly resting period (weekly resting period) of at least 36 hours including the daily resting time. Such weekly resting period shall in principle include Sundays; if this is not possible for important operational reasons, it shall include any other day of the week.

If the weekly resting period is fallen short of during a calendar week, it shall be extended in the following calendar week to the extent to which it was fallen short of.

b) Extra hours

Work shall be performed beyond the official working hours prescribed in the duty roster (extra hours), if such is ordered. Other working hours performed beyond the prescribed weekly working hours will be deemed equivalent to such extra hours which were ordered in advance, and extra hours will thus also be deemed to be performed in the following situations, if

• the employee is unable to reach a person authorised to order extra hours;
• the extra hours were promptly necessary to defend against any damage;
• the necessity to perform overtime work is not due to circumstances that could have been avoided by the employee who worked overtime, and
• the employee reports such extra hours no later than one week after working overtime.

According to the order, extra hours shall

• be taken as time off, in a relation of 1:1.5;
• be compensated financially in form of the basic remuneration and a bonus; or
• be taken as time off in a relation of 1:1, with an additional compensation pursuant to compensation laws (only bonus).

Time off can be taken for up to 6 months after the extra hours were performed, however also later based on a mutual agreement.

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For laws and regulations, please refer to the Rechtsinformationssystem [Legal Information System] (RIS)

EAP - Point of Single Contact Upper Austria
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Responsible for the content: Abteilung Personal
Last update: 27.05.2021