Austria's Arbeitszeitgesetz: Recordkeeping Duty in 2026

Austria's Arbeitszeitgesetz (AZG) has been on the books since 1969. A controversial 2018 reform raised the daily and weekly ceilings (from 10/50 to 12/60) and dramatically expanded employer flexibility, while keeping the underlying 8/40 baseline intact. The result is a two-layer system: a normal working week and an absolute ceiling, with collective agreements doing most of the practical work in between.

This post explains what the AZG requires today, how the 2018 reform changed the upper limits, what the recordkeeping duty under Section 26 looks like, and how the Arbeitsinspektion enforces.

#Quick Reference

#The Two-Layer System

#The Baseline (Section 3)

8 hours per day, 40 hours per week, the same number Austria has used since 1975. Many CBAs (Kollektivverträge) reduce this further: the metal industry, banking and insurance sit at 38.5 hours; social services (SWÖ agreement) at 37 hours.

Anything above the normal working time is overtime (Überstunden). Overtime triggers a 50 percent premium or equivalent time off (Section 10); collective agreements may pay more on Sundays and at night.

#The Absolute Ceiling (Section 9)

The 2018 reform raised the absolute maximums:

• Daily: 12 hours (was 10)
• Weekly: 60 hours (was 50)

The 12/60 ceiling is the limit above which work is illegal regardless of overtime willingness. Since 2018, employers may order overtime up to it when there is increased demand for work, but no more than 20 overtime hours per week, and average weekly working time may not exceed 48 hours over a 17-week reference period (Sections 7 and 9; a CBA can extend the period to up to 52 weeks).

Workers can refuse overtime beyond 10 daily hours or 50 weekly hours without giving a reason and without detriment.

#Rest Periods

#Daily Rest (Section 12)

11 consecutive hours after the end of the working day. A CBA can shorten this to 8 hours if the difference is made up within 10 calendar days, and hospitality split shifts and shift changes have their own reductions (Section 12(2) to (2c)).

#Weekly Rest

Governed by the Arbeitsruhegesetz (Rest Periods Act), not the AZG. 36 consecutive hours including a Sunday (Wochenendruhe, Section 3). Where weekend work is permitted, for example in hospitality, healthcare, transport or security, employees get 36 hours that include a full weekday instead (Wochenruhe, Section 4). Work during the weekly rest earns Ersatzruhe (substitute rest) in the following week (Section 6).

#Breaks (Section 11)

A 30-minute break when the working day exceeds 6 hours. It can be split into two 15-minute or three 10-minute breaks if this is in the employees' interest or needed for operational reasons; other splits need a works agreement or, without a works council, the labour inspectorate's approval.

#Section 26: The Recordkeeping Duty

This is the heart of the AZG for time tracking purposes. Section 26 requires employers to keep records that document, for each employee:

• Start and end of working time each day
• Breaks taken, including their start and end
• Work during weekend, weekly or public holiday rest: place, duration and type of work, plus the substitute rest granted (ARG Section 25)

The records must be:

• Maintained per worker per day
• Sent to the worker free of charge once a month on request (Section 26(8))
• Producible to the Arbeitsinspektion on demand
• Retained for at least 1 year, according to the Arbeitsinspektion (24 months for drivers, 2 years for young workers)

The AZG prescribes no form: paper and electronic records both work. They must show the hours actually worked, so a duty roster alone is not enough, and they must be available at the workplace where the employees work (for branches, on site).

#Vereinfachte Aufzeichnung (Simplified Records)

Section 26 offers three options. For a fixed schedule set out in writing, the employer confirms compliance at least at the end of each pay period and records only deviations (Section 26(5a)). Employees who largely decide when and where they work, or who mainly work from home, only need records of their daily working time (Section 26(3)). Under flexitime (Gleitzeit), employees may keep their own records; the employer instructs them and checks the records after each flexitime period (Section 26(2)).

Austria has not changed Section 26 since the CJEU's 2019 CCOO ruling, and the courts have not decided whether these options fit it. As of October 2026, the Arbeitsinspektion still describes both simplified forms as available. Everyone outside these cases needs full records of start, end and breaks.

#Special Categories

#Young Workers (KJBG)

The Kinder- und Jugendlichen-Beschäftigungsgesetz (KJBG) governs workers under 18:

• 8 hours per day, 40 per week
• 12-hour daily rest
• Mandatory 30-minute break when the working day exceeds 4.5 hours
• No work between 8 pm and 6 am, with exceptions (for example until 11 pm in hospitality for those over 16)

#Pregnant Workers (MSchG)

The Mutterschutzgesetz (Maternity Protection Act) limits pregnant workers to 9 hours per day and 40 hours per week. Overtime is prohibited; Sunday and night work are prohibited with limited exceptions. Specific risk-assessment duties on the employer.

#Senior Executives (Section 1)

Senior executives (leitende Angestellte) and other employees with significant independent decision-making authority fall outside the AZG altogether, including the Section 26 recording duty, if their working time is not measured or set in advance, or they can set it themselves (Section 1(2) no. 8).

#All-In Contracts (All-In-Klauseln)

A common Austrian arrangement: the contract states a higher gross salary, and a clause says all overtime is "covered" by that salary. This is allowed, with conditions:

• The contract must state the base salary as an amount; if it doesn't, the employee is entitled to the base salary customary in the sector and location (Section 2g AVRAG, since 2016)
• The "all-in" sum must cover the actual overtime worked, otherwise the employer owes a top-up (Deckungsprüfung) at year-end
• Recordkeeping under Section 26 AZG remains mandatory; the all-in clause does not waive the right to overtime documentation

Without proper records, employers have little to set against a worker's claim that the all-in salary fell short. Where missing records make it unreasonable to establish the hours worked, forfeiture deadlines for such claims are suspended (Section 26(9) AZG).

#Inspection and Penalties

The regional labour inspectorates (Arbeitsinspektorate), overseen by the Zentral-Arbeitsinspektorat in the labour ministry, inspect and report breaches; the district administrative authority (Bezirksverwaltungsbehörde) imposes the fines. Penalties under AZG Section 28:

Working time and rest breaches are fined separately for each worker affected (cumulation principle, Section 22(2) VStG). Missing records are also fined per worker where they make it impossible or unreasonable to establish the hours actually worked (Section 28(8)). A company with 50 workers whose Section 26 records are missing can then face combined fines of up to about EUR 90,000.

The Arbeitsinspektion publishes activity reports. In 2024 the inspectorates carried out 56,423 inspections and found 107,169 violations, most of them in technical safety and occupational hygiene (8,086 concerned working time, maternity protection and similar rules). They filed 1,210 reports with the penal authorities (Strafanzeigen).

#Practical Compliance Checklist

1. Maintain Section 26 records daily. Per worker, per day, with start, end, and breaks.
2. Pick the right recording type for each worker. Fixed written schedule: confirm it and record deviations; mainly home-based or self-scheduling: daily duration; everyone else: start, end and breaks.
3. Document overtime explicitly. Not just hours, but the basis: required by employer, voluntary, emergency.
4. Track Deckungsprüfung for all-in contracts. At year-end, compare actual overtime to the all-in coverage.
5. Retain for at least 1 year, but keep 7 to be safe. The Arbeitsinspektion expects at least 1 year (the AZG sets no general period); 7 years matches the separate retention period for tax and payroll records (BAO Section 132).
6. Schedule the 11-hour daily rest. Especially after a 10 to 12-hour day.

#Common Questions

Is the 12-hour day really standard? No. Normal working time is 8 hours a day as a rule; 12 hours is the absolute ceiling including overtime, and workers can refuse hours beyond 10.

Can I refuse overtime over 10 hours? Yes. Workers can refuse overtime beyond 10 daily hours and 50 weekly hours without detriment.

Does the simplified record apply to remote workers? Partly. Employees who mainly work from home only need records of their daily working time (Section 26(3)). Occasional home office days don't change the normal recording duty.

Are there sector-specific rules? Several sectors have Sonderbestimmungen (special provisions): healthcare, transport, hospitality. Check the relevant CBA.

What if the worker is exempt as a senior executive? Then the AZG does not apply to them at all, so neither the working time limits nor the Section 26 recording duty apply. The exemption only covers genuine executives whose working time is not measured or fixed, or who set it themselves.

#Summary

• AZG sets 8/40 as the baseline, with collective agreements often setting lower
• 2018 reform raised the absolute maximum to 12/60, with a 48-hour average over 17 weeks
• Daily rest 11 hours; weekly rest 36 hours (mostly Sunday)
• Section 26 requires daily-level recordkeeping per worker
• Lighter recording rules apply to fixed schedules and to mainly home-based or self-scheduling workers
• Arbeitsinspektion enforces; fines per worker per breach
• All-in contracts allowed but require Deckungsprüfung at year-end

#Sources

• Arbeitszeitgesetz (AZG) on ris.bka.gv.at
• Arbeitsruhegesetz (ARG) on ris.bka.gv.at
• Arbeitsinspektion enforcement statistics
• Arbeitsinspektion: posting and recording working time
• Mutterschutzgesetz, KJBG, AVRAG relevant sections

#Where to Go Next

• Germany's Arbeitszeitgesetz: the 2026 time tracking mandate for the German neighbor's parallel statute
• Switzerland's ArG: working time recordkeeping rules for the DACH third party
• The EU Working Time Directive explained for the European framework