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Does the salary keep increasing up to a pension?
Too many overtime? What is allowed, when they fall - and what you can do if your boss does nothing.
You did a few overtime again this month and the month before it didn't look much better? Then it is best to seek a conversation with your supervisor or your superiors. Because overtime should be the exception rather than the rule.
In general, the 40-hour week in Germany applies to a full-time position. Means you can't work more than eight hours a day. This is how it sees itWorking Hours Act (ArbZG)before. In exceptional cases, however, your boss can ask you to work up to a maximum of 10 hours a day and a maximum of 60 hours a week (with a 6-day week).
It is therefore not permitted to work 60 hours a week for months. So if you build too many overtime over a longer period of time, you and your employer*have to find a solution.
But what actually happens with the overtime you have done so far? And can overtime expire?
Also read:
Can overtime expire?
There is no law that provides for overtime. However, an exclusion period can be determined in the employment or collective agreement that must be at least three months.
In the best case, it is precisely regulated in the employment or collective agreement how proceeding is done with overtime. The employer may only be overtime if this was also set in the employment or collective agreement. In this case, the employer must also pay for overtime, either by paying overtime or in the form of leisure time compensation, provided that he has ordered it.
If nothing is regulated in the employment or collective agreement, the general limitation period of 3 years can alsoCivil Code (§ 195, BGB)is regulated to find application.
Those who voluntarily overtime are not entitled to remuneration if nothing has been determined in the employment or collective agreement. In the event of a dispute, workers are also in the obligation to prove and must be able to document and prove corresponding overtime.
According to § 3 Paragraph 2 No. 1 of theOccupational Health and Protection Act (ArbSchG)If employers are also obliged to record the working hours of employees.
In the event of uncertainties or disputes, you should contact a specialist lawyer for labor law.
In this article you will find out whether you have to accept unpaid overtime:
Employees worked few hours overtime in 2024
According to theInstitute for Labor Market and Vocational ResearchIn 2024, workers per capita paid "13.1 paid and 15.1 unpaid overtime". The numbers show a slight decline in unpaid overtime compared to the previous year (-2.2, unpaid overtime). Both full -time employees and part -time employees are included in the invoice.
