General information
The regular weekly working time is 40 hours. It is, however, permitted to order extra hours.
Requirements
Employees under the Oö. Gemeindebedienstetengesetz 2001 [Upper Austrian Municipal Employees Act of 2001], Oö. Gemeinde-Dienstrechts- und Gehaltsgesetz 2002 [Upper Austrian Municipal Employment Right and Remuneration Act of 2002] or Oö. Statutargemeinden-Bedienstetengesetz 2002 [Upper Austrian Act on Statutory Municipalities Employees of 2002]
Deadlines
Any extra hours which were not ordered in advance shall be reported, in writing, not later than within one week after they were performed.
Completion period
No information available.
Competent authority
Municipalities, municipal associations and statutory cities.
Procedure
Extra hours shall be ordered in advance or shall be performed by the employees under the legal preconditions.
Authentication and signature
No information available.
Required documents
Employment contract or notification.
Art und Format der Nachweise
No information available.
Costs and fees
No information available.
Further information
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.
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 of performing extra hours was not based on circumstances which the employee who worked them, could have prevented or unless the employee working such extra hours reports them within one week.
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.
Means of redress or appeal
No information available.
Legal bases
For laws and regulations, please refer to the Rechtsinformationssystem [Legal Information System] (RIS)
- Oö. Gemeinde-Dienstrechts- und Gehaltsgesetz 2002 [Upper Austrian Municipal Employment Right and Remuneration Act] .
- Oö. Statutargemeinden-Bedienstetengesetz 2002 [Upper Austrian Act on Statutory Municipalities Employees] .
Assistance and problem-solving services
EAP - Point of Single Contact Upper Austria
eap@ooe.gv.at
Link to form
No form required.
Information on data protection
Further information
Responsible for the content: Direktion Inneres- und Kommunales
Last update: 24.08.2022
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