Austrian Supreme Court ruling on all-in salaries during parental part-time work

November 24, 2022

The Austrian Supreme Court recently ruled on a case of all-in remuneration during parental part-time (OGH 28.9.2022, 9 ObA 83/22d). According to the Supreme Court (only) the portion of all-in remuneration exceeding the base pay and paid specifically for the performance of overtime work is suspended during parental part-time. Employers are therefore only entitled to reduce the all-in remuneration if the employment contract clearly indicates the amount of the base pay due for the performance of normal working hours. To the contrary, according to the Supreme Court, it is not necessary for the all-in agreement to contain a right of revocation.

When performing overtime during parental part-time, employees are entitled to additional compensation for the overtime hours actually performed.