Can my employer require me to work overtime without paying me for it?
January 28, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear Employment Lawyer,
My name is Christian Krebs and I have been working as an employee in a full-time position in a company for the past two years. In recent months, my employer has been requesting more and more overtime from me to complete certain projects on time. However, I have not been offered any overtime pay or compensatory time off.
I am concerned that my employer is ordering me to work overtime without providing proper compensation. Is this even legal? Are there any legal regulations that require my employer to pay for overtime or offer compensatory time off? What steps can I take to protect my rights as an employee and ensure that I am adequately compensated for the overtime I have worked?
Thank you in advance for your help and support.
Sincerely,
Christian Krebs
Dear Mr. Krebs,
Thank you for your inquiry regarding overtime in your employment relationship. Overtime is a common topic in labor law and there are legal regulations that are intended to protect employees from excessive workloads.
In general, overtime is only permissible if it is expressly regulated in the employment contract, a collective bargaining agreement, or a works agreement. If there are no provisions regarding overtime in your employment contract, your employer is not allowed to order you to work overtime. Even if overtime is agreed upon in the employment contract, your employer must ensure that it is appropriately compensated.
In Germany, the Working Time Act (ArbZG) regulates the framework for the working hours of employees. According to § 3 ArbZG, the daily working time must not exceed eight hours. In addition, a maximum of 48 hours per week may be worked. Overtime is only permitted in exceptional cases and must be compensated for or balanced with time off.
Specifically, this means that overtime must either be compensated with a surcharge or can be balanced with time off. The surcharge for overtime is not legally specified, but it should be done in a reasonable amount. In many cases, the overtime surcharge is 25%, 50%, or even 100% of the normal hourly wage.
If your employer orders you to work overtime without compensating you or offering you time off in lieu, you should discuss this with him. Point out to him that overtime must be appropriately compensated and that you are entitled to time off in lieu. If your employer is still not willing to properly compensate overtime, you can seek the advice of a labor law attorney. They can help you enforce your rights and potentially take legal action.
I hope that this information has been helpful to you. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Sofia Vöss
Labor Law Attorney
