How much overtime can someone work

The overtime regulation in labor law

If an employment relationship is entered into, the employer and employee usually agree in advance on the Conditions of the business relationship. The exact The design is recorded in an employment contract.

In a nutshell: arrange overtime

Am I obliged to work overtime?

You can find out whether you have to work overtime in your employment contract.

Are the corresponding contractual clauses always effective?

No. Not all contractually agreed clauses are also valid. Some formulations put the employee at a disadvantage. Read here when that is the case.

Can an employer simply order overtime?

In exceptional situations, an employer can generally order overtime.

Specific information on overtime:

Trainee overtime

Are trainees allowed to work overtime? This article will give you the answer.

Is overtime tax-free?

Here you can read whether overtime has to be taxed or not.

Overtime reduction

This guide will tell you when you can celebrate overtime.

Pay overtime

Can overtime also be paid instead of being dumped? Read more here.

Calculate overtime

This guide shows you how to calculate overtime.

Lapse of overtime

When does overtime expire and which factors can influence the timing?

They also include employment contracts often also a clause regulating overtime. Because the work cannot always actually be done in the given time.

Many employees ask themselves: under what conditions can my boss order overtime? When do I have to work overtime? Is there a legal regulation on overtime? In this article we explain what is allowed and what is not.

What is overtime?

Overtime are those times when the employee working for the company beyond the agreed individual regular working hours is where he is employed. You are about to accomplish this obliged if corresponding regulations can be found in the employment or valid collective bargaining agreement or a works agreement. Urgent operational reasons can also mean that overtime has to be worked.

So do you have to work overtime? Can the employer order overtime? The legislature has determined that no additional work may be ordered for no reason. However, it depends on the exact formulations in the employment or collective bargaining agreement or the works agreement. This means, if overtime hours have been legally agreed in the employment contract, employees are obliged to perform this. If no overtime has been agreed, no overtime has to be done. Exceptions apply if special situations arisethat the employer could not prepare for. If, for example, a large number of colleagues are sick, an order for overtime may be legal.

The overtime regulation according to the Working Hours Act

The Working Hours Act is the place where, among other things, the statutory overtime regulation written down is. It records which upper limits are to be observed.
Employees are allowed to normally no longer than eight hours on working days work. A Extension to ten hours per day is permittedif within the following six months a so-called Leisure time compensation is made possible - so he can stroll around the overtime (§ 3 Working Hours Act - ArbZG). The rest breaks are not included in the daily working hours.

Saturdays are also working days. This means that you may have to work on that day even if you have not agreed on a different procedure in the employment contract. Sundays and public holidays, on the other hand, are usually free, Indeed not for members of certain industries. Finally, hospitals and fire brigades should also be manned at the weekend in the event of an emergency (Section 10 ArbZG).

Which overtime regulations are ineffective?

Employees, legal laypeople, often sign an employment contract without having it checked again by a lawyer.

With one or the other contract, he states that so many a clause regulating overtime is not effectivebecause it is neither clear nor understandable. This is the case, for example, with the following formulation: "The overtime is paid for with the agreed remuneration."

If the employment contract contains an agreement that states that overtime is covered by the salary or wages, this is the case ineffective according to § 307 paragraph 1 of the German Civil Code (BGB). This has also been confirmed by the Federal Labor Court (BAB) in its judgment (Az. 5 AZR 517/09). It sees this as violating the transparency requirement.

In case of doubt, an unreasonable disadvantage is to be assumed if a provision:

  1. cannot be reconciled with essential basic ideas of the statutory regulation from which deviations are made, or
  2. essential rights or obligations arising from the nature of the contract are restricted in such a way that the achievement of the purpose of the contract is jeopardized. ”Section 307 of the German Civil Code (BGB)

The statutory overtime regulation in Germany also provides that both expectant and nursing mothers (§ 8 Maternity Protection Act - MuSchG) as well as teenagers (§ 8 Youth Labor Protection Act - JarbSchG) are not allowed to work overtime. They are considered to be particularly worthy of protection. In the case of the latter, therefore, in the event of overtime, the working hours must be reduced in accordance with the hours worked within the following three weeks.

What about the part-time overtime regulation?

Here, too, it depends on what is agreed in the employment contract or other possibly applicable regulations.

For example, it may well be stipulated in a collective agreement that part-time workers have to work extra.

Furthermore, overtime has to be done even in exceptional situations.

Danger! According to labor law, the overtime regulation must be proportionate. That is, an employer is not allowed to hire fewer employees and let them work more to make up the difference. Even when working part-time, the overtime regulations and applicable legal framework conditions must be taken into account.

Does a part-time employee regularly work more than was agreed in the employment contract, this can result in a Entitlement to full-time employment arises even if something else was originally agreed (Landesarbeitsgericht Hamm, Az. 8 Sa 2046/05).

Overtime regulation in Germany - must overtime be paid?

There is no legal regulation regarding the remuneration of overtime that specifically states that and in what amount it must be paid. As a rule, however, there are agreements on this in the employment contract or collective agreement.

But even if there are no agreements Overtime compensation there, the overtime regulation in German labor law states that there may well be a claim to remuneration.

Remuneration is deemed to be tacitly agreed if, under the circumstances, the service can only be expected against remuneration. If the amount of the remuneration has not been determined, the tax-based remuneration is to be regarded as agreed if there is an estimate, and in the absence of an estimate the usual remuneration. "§612 BGB

In the case of the overtime regulation, the Assessment basis to consider. In one of its rulings, the BAG stated that executives who have more than 71,400 euros (West Germany) or 60,000 euros (East Germany) earn, cannot assert a flat-rate claim for remuneration (BAG, Az. 5 AZR 765/10).

What happens to the overtime if I am given notice?

If an employment relationship is terminated, for example with a termination agreement, employees often put their overtime in the field in order to leave earlier. In this context, a Settlement receipt discussed. An employee who signs one therefore waives all claims from overtime work on termination of the employment relationship.

If you are unsure about the overtime regulation in the event of termination, contact an experienced labor lawyer. He will advise you extensively and possibly prevent you from signing disadvantageous agreements.

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The overtime regulation in labor law
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