Can my employer force me to work overtime?
December 23, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear Employment Lawyer,
I am reaching out to you with a question regarding my current work situation. My name is Lorenzo Maier and I work as a clerk in sales at a medium-sized company. Lately, my employer has been requiring me to work overtime to complete certain projects. These tasks cannot be completed within my regular working hours.
I am willing to work overtime occasionally to get my work done. However, I am feeling increasingly overwhelmed and exhausted as the amount of overtime required continues to increase. I feel like my employer is forcing me to work overtime without considering my personal needs and health.
Therefore, I would like to know if my employer has the right to mandate overtime for me, and if there are ways to prevent or limit this. I am concerned about my work-life balance and health, as constant overtime leaves me with little time for rest and leisure.
I would greatly appreciate it if you could inform me about my rights and potential courses of action in this situation. Are there legal provisions to protect me from excessive overtime? And how can I advocate for my interests with my employer without fearing negative consequences?
I am looking forward to your expert advice and support in this matter.
Sincerely,
Lorenzo Maier
Dear Mr. Maier,
Thank you for your inquiry regarding your current work situation in relation to the overtime your employer is requesting from you. It is understandable that you feel overwhelmed and burnt out when overtime is accumulating in large quantities. It is important that you know your rights as an employee and how to best protect yourself in this situation.
First and foremost, it is important to know that overtime should only be worked within a certain framework. According to the Working Hours Act (ArbZG), employees are generally not allowed to work more than 8 hours per day, with exceptions possible through collective agreements or company agreements. Overtime is limited to 10 hours per day and should not exceed an average of 8 hours per week over a period of 6 months.
If your employer is requesting overtime from you, they must usually announce this in advance and overtime should not be ordered without your consent. As an employee, you have the right to refuse overtime if it endangers your health or affects your work-life balance. Your employer cannot force you to work overtime or pressure you to do so.
It is advisable to have a conversation with your employer and address your concerns regarding overtime. You can work together to find solutions to reduce the overtime or at least keep it within reasonable limits. If your employer continues to demand unreasonable overtime from you, you can seek advice from an employment lawyer to represent your interests and potentially take legal action.
In any case, it is important that you know your rights and advocate for your interests. Your health and work-life balance should not suffer due to constant overtime. Do not hesitate to seek professional help to improve your situation and protect your rights as an employee.
I hope that my explanations are helpful to you and wish you success in resolving your work situation.
Sincerely,
Sofia Vöss
Employment Lawyer
