How can I properly document overtime hours?
March 13, 2023 | 40,00 EUR | answered by Alexander Lenzner
Dear Madam Lawyer,
I have been working in a medium-sized company for several years now and have been working overtime more frequently lately. Unfortunately, I have noticed that my overtime hours are not being properly documented and I am concerned that I may not receive the appropriate compensation as a result. Additionally, I am worried that my overtime hours may not be credited to me when I need them, for example, to leave work early.
Currently, I am keeping track of my overtime hours in an Excel sheet, but I am concerned that this form of documentation may not be sufficient. Therefore, I am wondering how I can properly and legally document my overtime hours in order to be able to prove in case of a dispute with my employer that I have indeed worked overtime.
Could you possibly provide me with tips or recommendations on how to best document my overtime hours? Are there any specific legal requirements or recommendations that I should be aware of? I want to ensure that I am well-prepared in case of any disagreements with my employer and can accurately and transparently prove my overtime hours.
Thank you in advance for your support and advice.
Sincerely,
Paula Fuchs
Dear Mrs. Fuchs,
Thank you for your inquiry regarding the documentation of your overtime. It is understandable that you are concerned that your overtime may not be accurately recorded and compensated. Proper documentation is indeed essential in such cases to have a clear proof of the overtime worked in case of discrepancies with your employer.
First and foremost, it is important to mention that overtime should only be worked if it is agreed upon in the employment contract, a works agreement, or a collective agreement. If you are regularly working overtime, this should be appropriately regulated. Furthermore, it is important to note that overtime should not exceed a maximum limit set by law. Typically, this limit is 48 hours per week on average within a period of 6 months.
To properly and legally document your overtime, I recommend keeping a detailed record of your working hours. This can be done manually, for example using Excel sheets as you are already doing, or with the help of specialized software or apps. In the time tracking, you should record both the start and end time of your working hours as well as the duration of the overtime. It is also important to document your overtime regularly and promptly to ensure a seamless record.
Furthermore, you should regularly coordinate and get approval for your overtime from your supervisor. This way, you not only have a direct contact person in case of uncertainties, but also an official confirmation of the overtime worked.
In addition to documenting your overtime, I recommend keeping all relevant documents such as emails, duty rosters, or time records that can prove your overtime worked. If there are any discrepancies with your employer, you will have additional evidence at hand.
Lastly, I want to emphasize that accurate and transparent documentation of your overtime benefits not only you but also your employer. It builds trust and clarity on both sides and can serve as a basis for resolving disputes.
I hope these tips help you and make you feel better prepared to document your overtime correctly. If you have any further questions or need legal advice, please do not hesitate to contact me.
Best regards,
Alexander Lenzner
