As of: April 8, 2024, 12:00 p.m
By: Marco Blanco Ucles
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Many people regularly work overtime at work. Some are contractually obliged to do so, others are not allowed to do any extra work.
Are you once again the last person in the office and your regular working hours have once again been significantly exceeded? Don't worry, you're not the only one. According to the Federal
Statistical
Office
, twelve percent of all employees in Germany regularly do overtime. Whether this is always legally justified is another matter. Because not everyone is allowed to work overtime, there are some exceptions.
Overtime is usually specified in the employment contract
Many people have to work tiring overtime at work - but how much is actually allowed? © Westend61/IMAGO
For most people, it is stipulated in their employment contract that overtime can occur. However, this clause is only valid if it states a maximum number of hours. This is what
Stiftung
Warentest
reports
. However, overtime can also be stipulated in a collective agreement - such as in the public sector - or a works agreement. If none of this is the case, overtime is only possible with the employee's consent. However, in emergencies - such as a wave of illness - employers are allowed to order overtime even without the contractual requirements. However, it is not permissible if the employer accepts a large order knowing that it will require additional work from the workforce.
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Pregnant women and trainees are exempt from overtime regulations
However, some groups are exempt from the general overtime regulations. This means that trainees do not have to do any extra work, nor do pregnant or breastfeeding women. In most cases, part-time workers do not have to work overtime, while short-time workers are not allowed to do so at all. Severely disabled people can be exempted from additional work.
The number of permitted overtime hours is set out in the
Working Hours Act
. Working hours may be increased from eight to ten hours on one day. However, the prerequisite for this is that a maximum of eight hours a day is worked on an average of six months, explains
T-online
. A maximum of 48 hours can be worked per week; an extension to a maximum of 60 hours is only possible in exceptional cases.
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Celebration of overtime must be regulated in the employment contract
You should carefully record all your overtime hours to avoid any discrepancies later. As a rule, the extra work is compensated for by monetary payments. The so-called “celebration” of overtime, i.e. compensatory time off, is only possible if this is explicitly stated in the employment or collective agreement. If you become ill, there are special regulations.