Can my employer get me to work overtime?
Paying off overtime: What are the regulations?
Usually the employment contract regulates Collective agreement or the works agreementhow to deal with overtime at work. The statutory overtime regulation can be found in Working Hours Act (ArbZG) again.
The employment contract should not have any provisions on the subject overtime these can only be justified by certain exceptional situations. One Entitlement to payment of this overtime According to labor law, employees usually have it anyway.
In a nutshell: Pay overtime
If an employer has ordered the overtime or knows about it, it usually has to pay for it. This regulation does not normally apply if compensation for time off for overtime has been agreed in the employment contract.
The amount of overtime pay depends, among other things, on whether an employee is paid by the hour or receives a fixed monthly salary.
The payment of overtime increases the annual earnings, which can also mean a higher tax rate and therefore less money. So here you should weigh up whether the whole thing is worth it at all.
When employers the Overtime compensation You can find out in this guide which clause in terms of overtime and pay in the employment contract is invalid according to labor law and what else you should pay attention to.
How is overtime paid?
According to Section 612 of the German Civil Code (BGB) there is usually a right to payment of overtime even if there are no regulations in the Employment or collective agreement are located. It says there:
A remuneration is considered tacitly agreed if the service can only be expected under the circumstances in return for remuneration. "
According to labor law, employees can only have overtime paid out if their Employer who ordered overtime or at least knows about it. Employees who simply take longer to complete their tasks or who do so on purpose, only to find out later To have overtime paid, have rather bad cards.
Overtime payment can be made on two different ways respectively:
- Becomes the employee per hour paid, you as the employer can also pay him this wage for every hour of overtime.
- The employee receives a fixed monthly salary, you have to find out the respective hourly wages in advance in order to be able to calculate and pay out the overtime.
In addition, there is usually a Surchargewhich is common practice with collective agreements. This is usually 25 percent.
You can get the payoff in terms of overtime though partially bypassby including this in the monthly salary, but must then be specified exactly to how many hours of overtime it is about.
Pay overtime after a dismissal?
Of course, it is also possible in labor law that employers Don't pay overtimebut compensate for this with free time. Many workers take advantage of this after they have already filed the notice and thereby the company to be able to leave earlier.
However, if your employer gives you a so-called "Equalization receipt" in front and you put your signature underneath, so you do without to any claims and your boss must give you the Don't pay overtime or you can use this to benefit from a free time compensation.
By the way: Your employer can give you the Pay off overtime, concerning tax however, they tend to have fewer advantages:
Because your Annual earnings if overtime increases due to hours worked, a higher tax rate be deducted from your salary. In some cases, through this you have less money in your pocketas if you hadn't paid for the overtime.
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