Overtime in labor law: what you need to know now!

Overtime in labor law: what you need to know now!

Süddeutschland, Deutschland - In the world of work, overtime is a common topic that not only ensures uncertainties among employees, but also raises legal questions. Overtime can quickly accumulate, especially in times of high workload, such as with urgent projects. Employers have the right to unilaterally oblige employees to reduce overtime, provided that there are no different regulations in the employment or collective agreement. This reports sueddeutsche.de .

In order to reduce overtime, employers can order leisure time compensation, which can also take place at short notice. One example is the adaptation of working hours, so that after a 10-hour working day the day before, for example, only 6 hours have to be worked the next day. As a rule, employees have more say in the context of flexitage or working time accounts. Overtime that go beyond the contractually defined working hours must theoretically either be remunerated or compensated for by free -after compensation.

legal framework conditions

The regulation of overtime depends heavily on the respective labor or collective agreement. Without specific agreements, employees are not obliged to work overtime. In emergency situations, however, the employer may order additional work. As a rule, the Working Hours Act (ArbZG) comprises a maximum daily working time of 8 hours, which can be extended to up to 10 hours in exceptional cases. These legal foundations must also be taken into account when regulating overtime, such as Arbeitseztag.org explained.

In addition, it is important to know that overtime remuneration is usually regulated by tariff or employment contracts. If there is no agreement, the legal regulation according to § 612 BGB. For trainees, there are also special demands on remuneration or leisure compensation for overtime worked. Part -time employees are usually excluded from the obligation to take over overtime, unless there are the opposite regulations.

overtime clauses and employee rights

Overtime clauses in the employment contract should contain clear regulations for ordering, compensation and remuneration for overtime. The arrangement of overtime must be precisely defined in order to avoid misunderstandings. Overtime is not unlawful per se, but must meet the legal requirements, as well as Kanzlei-herfurtner.de notes. In addition, it is not permissible that all overtime releases with the salary.

workers have the right to reject overtime if they have not been ordered in time or that legal regulations are violated. In the past, courts have decided that flat -rate compounds of overtime are ineffective. This means that employees are entitled to the remuneration or compensation of their overtime, unless there is a clear contractual regulation.