Labor law issues: These rules apply to overtime

Hardly any time for hobbies and family because of all the work? This is not only annoying, but sometimes even illegal.

Labor law issues: These rules apply to overtime

Hardly any time for hobbies and family because of all the work? This is not only annoying, but sometimes even illegal. Because overtime may only be arranged within a certain framework.

When staff shortages and full order books coincide, this often means extra work for employees. That can be stressful in the long run. Many employees are therefore wondering whether they simply have to accept the situation as it is. Those affected will find answers to their questions here.

Are bosses allowed to order overtime at all?

Basically, employees only have to work as much as agreed in their employment contract. However, if an overtime regulation is anchored in an employment or collective agreement or in a company agreement, employers can actually order overtime. If not, overtime can only be ordered in the event of unforeseeable emergencies or disasters - staff shortages or purely economic emergencies are not included, according to the current "BAM" (September/October 2022 issue), the magazine of the Bremen Chamber of Labor.

By the way: If there is a works council in the company, it must agree to the arrangement of overtime.

Can the employer demand an unlimited amount of overtime?

no In principle, employees are allowed to work 8 hours from Monday to Saturday - i.e. a maximum of 48 hours per week. This is stipulated by the Working Hours Act. According to the Chamber of Labor, daily working hours can be temporarily extended to 10 hours. The additional working time, which exceeds the maximum limit of 48 hours per week, must then be compensated for by free time within six months so that the average of 8 hours per day is restored.

Does the working time have to be recorded?

Yes. According to "BAM", this is basically the job of the employer. This could also put the recording of working hours in the hands of the employees.

Do I have to be paid for the extra hours worked?

Yes, provided the employer has ordered, approved or tolerated the overtime and it is not to be taken as time off in lieu based on the provisions of the Working Hours Act. Approval means that the employer subsequently agrees to the overtime. If employers know about the overtime without doing anything about it, it is a case of toleration.

Alternatively, can employees use overtime as free time?

According to the Bremen Chamber of Labor, overtime that has not accrued by exceeding the maximum weekly working time is only possible if this is agreed in the employment contract and the employee wants it.

What applies if there is a clause in an employment contract that states that overtime is compensated with the salary?

"Such clauses are usually illegal," writes the Chamber of Labor. The so-called compensation clauses are only effective if they state exactly up to what number or what proportion of overtime is compensated with the salary. However, such agreements must always be within the framework of the Working Hours Act. If the clause is ineffective, employers must pay for the overtime.

(This article was first published on Wednesday, September 28, 2022.)