Overtime is part of everyday life for many working people. But bosses cannot ask for as many as they want. What is forbidden and what is allowed - here is an overview.
When the desk overflows with work again, colleagues are on vacation or sick, then for many employees it means: pushing overtime. But how much overtime is actually allowed? And do they always have to be paid? Here you can find an overview of the most important facts:
Can the boss order overtime?
Bosses are not allowed to simply order overtime - this requires an agreement. Many employment contracts contain an overtime clause that specifies the extent to which overtime is to be performed. But be careful: "A wording that generally requires the overtime to be done is generally not legal , as the employee is not able to estimate how many overtime he is facing," says the Arbeitsvertrag.org portal.
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By the way: If you work part-time , i.e. up to 30 hours a week, the boss is usually not allowed to demand overtime.
Also interesting: When can the boss actually ask me to work overtime?
How many hours of overtime are allowed?
The Working Hours Act provides for strict regulations so that employees do not have to toil to the point of exhaustion: Employees can work a maximum of ten hours per day and up to 48 hours per week. In a 40-hour week, a maximum of eight overtime hours are allowed per week. If an employer demands more, he violates the Working Hours Act.
In addition, bosses must also ensure that employees have sufficient rest: there must be at least eleven hours of rest between the end of work and starting work the next day . In some industries (e.g. hospitals, care facilities) the rest period can be shortened to ten hours; in shift work, a minimum of nine hours rest period must be observed. In the case of shortened rest periods, however, employers must create compensation within four weeks in the form of a rest period of at least twelve hours.
What exceptions and special cases apply to overtime?
In fact, however, there are also some exceptions and special cases for overtime, for both full-time and part-time employees:
- In unforeseen emergency situations employers are entitled to order overtime if they endanger the existence of the company. These include, for example, natural disasters such as fire and storms.
- Employers may oblige their employees to work up to 60 hours per week with a maximum of ten hours per day, provided the average working time within six months or 24 weeks does not exceed eight hours per working day.
- Further exceptions can be stipulated in the collective bargaining agreement and in a company or service agreement.
- Executive employees are excluded from the Working Hours Act (Section 5 (3) of the Works Constitution Act). This includes decision-makers who can decide on hiring and dismissals themselves, who have a general power of attorney or procuration.
Also interesting: Terrifying: Germans work so much overtime.
Do you have to pay overtime?
Whether or not overtime is paid depends on the employment contract. There is no legal right to overtime pay .
If there is no overtime regulation in the employment contract, employees can refer to Section 612 (1) of the German Civil Code (BGB). There it says: "A remuneration is tacitly agreed if the service can only be expected in exchange for a remuneration under the circumstances." In this case, however, employees should keep a record of when and how much overtime they worked.
Prohibited: Overtime payments may not be excluded across the board
By the way, if employers exclude overtime pay in the contract, you can sue. Such clauses are usually prohibited. This includes, for example, the popular phrase: "Any overtime is paid for with the wages." Exceptions, however, are well-paid jobs with a salary above the income threshold (West: 6,700 euros gross per month, East: 6,150 euros gross per month, as of 2019). ( as) * merkur.de is part of the Ippen central network.
More on the topic: Overtime: If this sentence is in the employment contract, you can sue.
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