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Laws regarding payment for overtime

Advice on what they are exactly

Toytown Germany > Discussion forum > Germany-wide > Business
valuvataivas
Dear all,
accordng to my contract, my salary is also covering overtimes according to the law.
What do they mean "according to the law"?
Sometimes I see some colleagues of mine who are working until late and I am getting worried it could also happen to me.

Thanks in advance

valuvataivas
MonksTown
It's quite common in many contracts above a certain grade in the company.
It means you don't get paid for overtime but implicity recognises that there are legal limits to the amount of time an indidual can work ie 10 hours per day.
valuvataivas
Thanks MonksTown,

but does it have to be seen as a rule in general (the Employer can claim that you work 9 hours and a half per day instead of 8)?
HEM
I believe that the maximum you are allowed to work in one day is 10 hours.
humphs
Depends on which branch you work in . Engineering for example is a maximum of 10 hours .
Darkknight
If your job requires shift work, then you can have up to 12hrs per shift/day, but there must be a min. of 16-24hrs between shifts.

I'd suggest you talk to your boss/HR Dept. on what hours you are expected to work and how OT works
Every company is different, so asking here is going to be kinda pointless.
Mik Dickinson
Salary ,overtime according to the law.Would appear you are expected to work over time without pay.Time to get in to H.R. and get something in writing how many hours a month is expected.Cover yourself.
shady
Hi there,

My husband works as a Sofware Developer for a German Company.Is it possible that he is in the same boat and will not be paid overtime? Thsi weekend was the time in about 4 weeks that hasn't worked.

Should he do the same and follow up on his working hours with HR?

Chow!
Darkknight
This is based on the company. What is the norm for one place won't be the norm elsewhere.. Have hubby
contact his HR Dept. to find out what his company expects.
kato
Legal maximum limit is 48 hours per week (6 days, 8 hours each). If more than that is worked, the average has to be reduced to that within 6 months.

If a contract states that all "legal overtime" is paid by the salary, this means you're expected to work up to 48 hours per week.
HEM
Some employers (including mine) have a Betriebsvereinbarung that governs overtime. Find if such exists & read it. Sometimes they change (mine did...).
RMA
In some companies overtime is not normally paid out directly, instead you can take time off in lieu (if you manage to find the slack time).

In many companies it's quite normal that above a certain staff level no overtime is paid. Once above a certain level you can forgot the legal limit as well, you work as long as necessary to get the job done - at least you do if you want to get on in the company!

As already mentioned, have a word with the personell dept. to find out exactly your position is.
HEM
QUOTE (RMA @ Jun 25 2008, 8:28 pm) *
In some companies overtime is not normally paid out directly, instead you can take time off in lieu (if you manage to find the slack time).

and there is often the rub. In the old days we could have the 21st - 60th overtime hour paid out at the end of each quarter & it reset to zero.

Nowadays we dont get paid out & you supposed to take time off. Overtime "pot" suppoosed not to exceed 40 & never 60 hours. Mines double that sad.gif
RMA
Our limit is 200 hours plus, 40 minus, but in theory we can ask for it to be paid out at the standard rate once it gets over a month - don't know anybody who's ever done it though!
shady
Thanks for all the advice guys! Much appreciated! biggrin.gif
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