13 points employers in Austria must observe when recording working time – briefly explained, with the legal basis. No sign-up, to tick off or print.
As of: October 29, 2026 · This checklist refers to Austrian law.
Download as PDFThe recording duty covers all employees – including part-timers and marginal employees. Executives with significant independent decision-making powers are exempt.
Legal basis: § 1 Abs. 2 Z 7 AZG
Record the hours worked with start and end, plus start and length of any averaging period. Breaks need not be recorded only if their timing is fixed by works or written individual agreement.
Legal basis: § 26 Abs. 1 und 5 AZG
With flexitime, employees may record their own hours – the employer instructs them and checks at the end of each period. Those who largely decide where and when they work, or mainly work from home, only record the daily duration.
Legal basis: § 26 Abs. 2 und 3 AZG
Normal hours 8 per day and 40 per week. Including overtime at most 12 hours a day and 60 a week; no more than 48 hours on average over 17 weeks.
Legal basis: §§ 3 und 9 AZG
At least 30 minutes for more than 6 hours of work. Splitting into 2 × 15 or 3 × 10 minutes is possible if it suits the employees or is operationally necessary.
Legal basis: § 11 AZG
At least 11 hours of uninterrupted rest after the end of the working day.
Legal basis: § 12 AZG
36 hours of weekend rest (from Saturday 1 pm) and holiday rest – work only within the exceptions of the Rest Periods Act.
Legal basis: §§ 3 und 7 ARG
Employees are entitled to a free copy of their time records once a month if they demonstrably request it.
Legal basis: § 26 Abs. 8 AZG
The Working Hours Act sets no period of its own. Recommendation: 7 years if the records are used for payroll; at least 3 years (limitation of pay claims).
Legal basis: § 1486 ABGB, § 132 BAO
Changes to recorded times are traceable (who, when, why). Employees can view their own times.
Legal basis: Art. 15 DSGVO
If there is a works council, an electronic system may need a works agreement depending on its design (control measures or personnel data systems).
Legal basis: §§ 96 Abs. 1 Z 3 und 96a ArbVG
Purpose, access rights and deletion periods are defined; a data processing agreement is in place with the provider.
Legal basis: Art. 5 und Art. 28 DSGVO
Missing or deficient records are an administrative offence and can be fined per employee.
Legal basis: § 28 AZG
This checklist does not replace legal advice. As of: October 29, 2026.
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