Working in heat: rights, obligations and limits
WU expert explains what Austrian labor law says about working in high temperatures – and why there is no entitlement to “heat leave.”
Rising temperatures and more frequent heat waves are increasingly affecting everyday working life. During the summer months, many employees ask what rights they have when temperatures soar – and what obligations employers must meet.
WU Professor Susanne Auer‑Mayer studies the labor law framework on working in heat in Austria. In this interview, she explains which rules apply, where sector‑specific differences exist, and how companies should respond to extreme temperatures.
What legal obligations do employers have during periods of extreme heat—and is there such a thing as “heat leave” for employees?
Even at very high temperatures, there is no general entitlement to “heat leave” in Austria. Employees may not simply leave the workplace or unilaterally adjust their working hours—for example, by shifting them to early morning or late evening. Employers are, however, required—based on their duty of care and specific legal provisions—to take appropriate heat protection measures. In addition, employees may leave the workplace if there is a concrete risk to their health.
What about those who have to work in construction?
For construction workers—as well as, for example, carpenters, roofers, and scaffolders—there are indeed special rules. In these cases, heat is considered “bad weather” under the Construction Workers’ Bad Weather Compensation Act (BSchEG). This means that when temperatures exceed 32.5°C (90.5°F), outdoor work can be suspended if no cooler alternative workplace is available. Employees then receive “bad weather compensation” amounting to 60% of their hourly wage from the BUAK. However, the decision must be made by the employer, so employees cannot simply decide on their own to go home.
A more recent development is the Heat Protection Ordinance, which entered into force in 2026 and applies to all employees who work outdoors on a regular basis (for example, on construction sites, in delivery services, security services, or waste management). It further specifies existing legal requirements and obliges employers to assess risks, inform and train employees, and, above all, implement protective measures against heat and UV radiation. The benchmark here is a “perceived temperature” of 30°C (86°F), taking into account air temperature, sunlight, wind, and humidity. This corresponds to heat warning level 2 (yellow) under the national heat protection plan. Recently, even heat warning level 4 (red) has been reached, meaning that the threshold requiring protective measures was clearly exceeded.
The specific measures depend on the nature of the work. Possible measures include bringing forward the start of the workday, extending or adding breaks, reducing work intensity, or shifting physically demanding tasks to cooler times of the day. Other measures include shading, access to showers, fans or other cooling devices, protective clothing, head coverings, cooling vests, and sun protection. Providing water and other nonalcoholic beverages is also essential. Crane cabins and similar machinery must generally be equipped with air conditioning by June 2027.
What about employees working in offices without air conditioning? Are employers required to install cooling systems?
For employees working indoors, there are general guidelines for temperatures that should ideally be maintained in workplaces: 19–25°C (66–77°F) for light physical work (especially office work), and 18–24°C (64–75°F) for moderate physical activity (for example, retail or skilled trades). However, especially in hot weather, these are not strict limit values. During the warm season, if an air conditioning or ventilation system is available, employers must ensure that the air temperature does not exceed 25°C (77°F) as far as possible. If no such system is in place, other measures must be taken to reduce temperatures wherever possible. There is no legal obligation to install air conditioning. Instead, employers must implement alternative measures that are feasible, such as shading, fans, nighttime ventilation, providing drinking water and other nonalcoholic beverages, or access to showers. In addition, working hours may be adjusted by mutual agreement, for example, by starting earlier, while longer lunch breaks or additional breaks can also be introduced. Employers may also consider relaxing dress code requirements.
Further Information
RIS - Hitzeschutzverordnung - Bundesrecht konsolidiert, Fassung vom 30.06.2026
RIS - Arbeitsstättenverordnung § 28 - Bundesrecht konsolidiert
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