Overtime
Overtime is a central issue in employment law and concerns additional working hours that go beyond the contractually agreed working time. A sound understanding of regulations and rights relating to overtime is equally important for employees and employers.
Overtime: An overview of the most important information
Overtime means the hours worked by an employee in addition to the working time specified in the employment contract. They are an important aspect of the working world and must be regulated and documented in accordance with legal requirements.
What is overtime?
Overtime is the time when an employee works more than what is contractually agreed upon. This can happen both before and after regular working hours. In many companies, overtime is recorded in an hourly account so that overtime worked can be recorded transparently. The difference between target hours (contractually agreed hours) and actual hours (actual hours worked) is decisive here.
Statutory regulations on overtime
The Working Hours Act (ArbZG) defines the maximum number of hours an employee may work per day. The regular working time is generally eight hours a day with the option of working two additional hours as overtime. A maximum of 60 hours may therefore be worked per week, although these regulations may differ in collective agreements.
The legally required rest period between working days is at least eleven hours. It is important that employers and employees comply with these legal requirements. Violations of the Working Hours Act may result in severe fines of up to 30,000 EUR!
Exemptions for overtime
Some groups of people are excluded from ordering overtime. This includes pregnant women and nursing mothers, who have special working time arrangements. Even young people under 18 years of age are not allowed to work overtime, as set out in the Youth Employment Protection Act.
Compensation for overtime
Overtime must be paid in accordance with legal requirements. This can be done either in the form of an additional salary or by compensating for time off. Employers are required to record overtime and make the appropriate statements.
Accumulation of overtime and compensation
Overtime must be compensated within six calendar months or 24 weeks, with exceptions, such as overtime paid into a lifetime account. There are separate deadlines for overtime on public holidays or Sundays.
Documentation and control
Documenting overtime is not only legally required, but also important for transparency within the company. Employers are required to record the working hours of their employees and provide evidence upon request. This can be done, for example, through digital systems for recording working time.
conclusion
Overtime is a complex issue that affects both employees and employers. An understanding of legal regulations, remuneration and documentation requirements is essential to avoid legal problems and create a fair working environment.