Work overtime

• Definition, Explanation
• Tips, Checklist

The issue of overtime or extra work has come up again especially in the times of a high unemployment rate. First of all, the labour unions demanded a reducing of overtime working for the sake of job-creation. In many cases, though, this is not possible because overtime hours result from peaks of clients' orders. For some employees, extra work is a welcome additional income opportunity or is used to obtain additional vacation days.

Overtime working is done if the working hours agreed in the employment contract are exceeded. In companies or institutions with fixed working hours, extra hours have to be paid additionally, i f the employer order them, or approves or tolerates them, or they are required to achieve a working goal. Compensation is given in the form of additional income or additional vacation. For non-tariffly paid employees, extra work is mostly included in normal salary. This is only valid, however, if the overtime hours and the income year are specified.

In companies with flexible working hours, overtime hours are caught in flexitime accounts. An employee is self-responsible for compensating for extra-hours by taking extra free-time. Extra payment is not given, standardly. Details can be defined in empoyment contracts.

German working hours law prescibes a normal working time of maximally 8 hours per day, including Saturday. This way, the law allows for a regular working time of up to 48 hours per week. In special situations, maximum is 10 hours per day, or 60 hours per week. More than this is only allowed with additional resting periods.

Some collective agreements and employment contracts provide for an increased payment for overtime hours. Appropriate are 25% on regular working days, and 50% on Sundays and Holidays. This is regulated by customary law. The increase rates are the same for compensation by extra free-time.

Ordered extra work requires the works council to agree. Works council can, by their right of initiative, propose the introduction of an upper limit for extra hours, which then is to be negotiated.

• Mind the passages on extra hours in your collective agreement, your company agreement or your employment contract
• If there is no regulation, your obligation to work overtime is constrained by the so-called duty of loyalty, contrained to extraordinary situations (high illness rate in company or many clients' orders)
• Record your extra hours and store records for at least 2 years
• Extra work has to be compensated for within 3 weeks
• As an expectant, or nursing, mother, you are not allowed to work more than 8 hours a day
• As a disabled, you can be freed from extra work obligations, by request
• As a young person, you are only allowed to do overtime if there are no adults available to do the work
• Refusing to do overtime is valid in case you have important things to do like visits to the doctor, nursing relatives
• Do not generally refuse to do overtime, otherwise your employer can dismiss you for person-related reasons
• Design overtime regulations flexible
• In case of salary-compensation, also taxes and social insurance contributions have to be paid.
• Thus, compensation by other, taxless extras like a mobile phone contract, might be more advisable
• As a boss, you act against the law if you order overtime hours that exceed legal working time and you are informed about violations of working time regulations