Paying off overtime: What is mine?
Paying off overtime: 3 important facts
- Basically, employees are not obliged to overtime. In exceptional situations or regulations in the collective agreement / employment contract, however, they can be provided.
- Overtime may not be compensated flat rate with the salary or salary.
- With an annual salary of more than € 78,000 per year (East: € 69,600), compensation for overtime is not provided for (executive employees).
Paying off overtime: What is in the law?
Basically, there is no concrete legal basis, after which overtime must be paid. First, the applies Regulation in the employment or collective agreement, If there is nothing to compensate for the overtime, employers also have to pay overtime.
A lump-sum payment over the salary is not permitted. The right to compensation arises Section 612 of the Civil Code (BGB), There it says:
A remuneration is tacitly agreed if the service is to be expected in the circumstances only for a fee.
Employees who are paid after hours, get the compensation per mehrgelteist hour. For employees with a fixed salary, the payout is based on the hourly wage to be calculated.
Overtime pay: compensation or time off?
- Some companies also agree with their employees in the employment contract Time off for overtime work, Especially companies with electronic working time control like to use the time off for overtime work. This is then often within a certain time to complete, so as not to build too many overtime.
- There compensated overtime increases your taxable incomeIf in doubt, it may be more attractive to seek time off.
Paying off overtime: How do I prove the extra work?
- The easiest way to work overtime is with one electronic data collection to log. As a result, if employers continuously record employee working hours, there are no two opinions about overtime.
- However, when working with trust, accurate documentation from the employee's point of view is important. In case of doubt, the boss does not notice that an employee has worked longer. As an employee, it is therefore best to have your notes regularly signed by the supervisor.
- In general, overtime can only be compensated if it is prescribed by the employer or at least knows it. It's important, that overtime after three yearsunless otherwise stipulated in the employment or collective agreement, statute of limitations, A lawyer can help with quarrels about overtime.
Pay off overtime: working hours and termination
- Working hours: The daily working time should not be more than eight hours, but can be extended to ten hours, provided that the employer approves a recreation allowance in the next six months.
- terminationIn case of termination, workers like to use the opportunity to reduce the remaining working time by reducing overtime. However, if the employee accepts a compensation receipt presented by the employer, any claim to the reduction of overtime will be waived.
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