Shifted working hours

Are there any entitlements to allowances?

The issue of shifted working hours in combination with collectively agreed allowances is a classic problem in Austrian payroll accounting. Uncertainty often prevails: Does simply shifting working hours automatically entitle employees to allowances? The answer lies in the interplay of law, case law, and – above all – the precise wording of the collective agreement.

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What exactly is "shifted working hours"?

Generally speaking, shifted working hours occur when the normal working hours are changed at short notice for operational reasons.

A typical example: An employee who normally works from 8:00 am to 4:00 pm is required to work from 8:00 pm to 4:00 am due to an urgent order.

The principle of the “automatic allowance”

In payroll accounting, the immediate question is: Should these hours be paid at a higher rate? The solution almost always lies in the so-called "every hour" principle .

If the collective agreement stipulates that an allowance is due for each hour worked within a specific period (e.g., between 8:00 p.m. and 6:00 a.m.), the reason for the work is irrelevant.

• The consequence: Even if the working hours have "only" been shifted and it is still legally considered normal work, the allowance must be paid.

• The logic behind this is that the allowance compensates for the so-called "inconvenience" (the unpleasantness) of night work itself. It doesn't matter whether this work was planned long-term or ordered at short notice – the burden of night work remains the same.

Practical example: Metal industry (workers)

The metal industry is a prime example of correct payroll accounting. The collective agreement stipulates a clear night work allowance.

The wording in the collective agreement for the metal industry:

"For every hour of work performed between 8 p.m. and 6 a.m., a night work allowance is payable..."

What does this mean in practice?

1. No mandatory shift work: It is often mistakenly assumed that allowances are only paid in a rigid shift pattern. This is not the case with the metal industry collective agreement.

2. Trigger for postponement: If the employer orders a postponement to this period, every hour worked during that time automatically triggers the entitlement.

Conclusion for payroll accounting

When changing work schedules, always check the wording of your collective agreement. If it contains the clause "for every hour worked," the supplement is mandatory when shifting to night hours – regardless of shift models or overtime regulations.