It should be noted that, in principle, overtime is payable in Austria when the regular working hours are exceeded (per day or per week).
The right to overtime in Austria is stipulated by law as mandatory and cannot be altered or waived. It is possible to include an all-encompassing salary (included as gross pay element) to compensate for overtime. It is important to note, however, that such all-in clauses may not deteriorate the employee’s position as compared to a situation in which a basic salary plus additional payments for overtime are paid.
Based on the employee’s job role and proposed salary, our Austrian legal team can determine the extent of any additional gross overpay required to be stipulated in the employment contract.
Notice periods are governed by statute according to the length of service.