AUSTRIA Law and Practice Contributed by: Johannes Edthaler and Christina Hödlmayr, Edthaler Leitner-Bommer Schmieder & Partner Rechtsanwälte GmbH
law stipulates that for these additional hours, part- time employees are entitled to a 25% surcharge on their regular hourly wage. Extra hours are not subject to extra pay: • if they are compensated by time off in the ratio of 1:1 within the calendar quarter or another fixed period of three months in which they have accrued; or • in the case of flexitime, the agreed working time is not exceeded on average within the flexitime period. If collective agreements with shorter normal weekly working hours provide for no or lower bonuses for the extra work (eg, in the case of a collectively agreed normal weekly working time of 38.5 hours and bonus- free extra work of a further 1.5 hours), this overtime regulation shall also apply to part-time employees. If several surcharges, eg, the statutory or collective agreement surcharge, are provided for the additional time worked, only the highest surcharge shall be paid. There is not a cumulative addition of these surcharges. In connection with the organisation and remuneration of working time, the provisions of the applicable col - lective agreement must always be observed. Collec - tive agreements may contain special provisions. 1.4 Compensation Minimum Wage Requirements There is no statutory minimum wage in Austria. Wheth - er there is an entitlement to a certain minimum wage depends primarily on whether a collective agreement is applicable in the respective company. The appli - cability of the collective agreement results from the employer’s affiliation to a contracting association. If a collective agreement applies in the enterprise, each employee shall be classified according to the scheme of the applicable collective agreement, taking into account previous periods of service. The clas - sification is usually based on the job characteristics, the content of the work and the actual predominant activity.
Where no collective agreement is in force, an admin - istrative body responsible for authorising associations to conclude collective agreements ( Bundeseinigung- samt ) may set a minimum wage under certain con - ditions. As there is a collective agreement in most sectors, there is only a minimum wage agreement for a few occupational groups (eg, domestic help and caretakers). Statutory Increases in Minimum Wages Typically, the minimum remuneration outlined in col - lective agreements undergoes yearly increases. These increases are negotiated between the trade unions as employee representatives and the respective employ - er representatives (Austrian Economic Chambers or Liberal Professions Associations). If there is no col - lective agreement, there is no compulsory entitlement to a wage or salary increase. The employee and the employer must agree on this individually. However, wages or salaries should not be set at an unjustifi - ably low level that could be considered unethical or exploitative. Entitlement to Special Payments Salaries are usually paid monthly 12 times a year. How - ever, there is also the possibility of receiving special payments such as a 13th and 14th salary (holiday and Christmas bonuses). The entitlement, amount and due date of these special payments are regulated in the respective collective agreement or individual employ - ment contract. With a few exceptions, the law does not provide for these payments. The respective collec - tive agreement may also provide for other payments, such as anniversary bonuses or additional payments to compensate for specific conditions of a job role, such as working in dirty environments, facing potential dangers, or enduring particularly challenging condi - tions. Otherwise, bonuses, etc, can be contractually agreed between the employer and employee. 1.5 Other Employment Terms According to the Paid Annual Leave Act ( Urlaubsge- setz ), employees are entitled to five weeks of paid leave (30 working days for a six-day working week or 25 working days for a five-day working week) for each working year (leave year). If the employee is regularly employed for only five or fewer days of the week, the leave entitlement shall be converted into the
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