Overtime law - Germany - Employee rights

25 posts in this topic

On 2/7/2020, 9:35:02, lisa13 said:

 

Yes but unless OP tells us he's been compensated in any way, we have to assume he has not been.  He allegedly took a week off for burnout then had to make up the week in overtime when he returned.  Doesn't sound kosher at all.

 

So @Rica aciR what's the deal?  Have you worked all this overtime and as far as you know have no way of getting paid for it or getting the time back as days off?  What did the BR say in this direction?

 

I am not doing any overtime now. I am standing my grounds, BR said they will support me, HR said they can mediate with the management if i want to, but before they get involved, they asked me to talk to the management directly. I will be dropping an email to them, lets see how it goes. I was also told that the moment i do this, the whole company might try to make me look bad + say that i am incompetent to have taken this longer to do the work etc.

 

I am just looking around to find similar cases to get more information on how to handle these situations. 

0

Share this post


Link to post
Share on other sites
On 2/7/2020, 7:16:16, karin_brenig said:

 

OK - I'm sorry to hear about all the bad things that are happening to you.

 

But I'm also curious to know, how can somebody working for an "IT Giant" be "made to work" for longer than they want to?

Was there a person with a baseball bat standing behind you? Or were you chained to your desk? I've been working in IT since 1978 - and times get hectic for sure - but I have never "been made" to stay longer than I wanted to. I just get up and leave after about 8 or 9  hours - and then I come back after I'm well rested.

 

@karin_brenig

Baseball bat would have been better... 0 savings +  student loan + family + other commitments , so quitting without a job was difficult and getting a job in Nov and Dec is almost impossible in my sub field in IT.

0

Share this post


Link to post
Share on other sites
On 2/7/2020, 9:30:16, LeonG said:

40 days = 320 hrs.  Most companies have a roof on the overtime account and you start to get paid after you reach it.  I've had jobs where the ot account topped out at 100, 150 and 250 hours.  Currently I'm working for a guy who is basically self employed so we are not too worried about the framework.  We never set a roof for my ot account and when it reached 400 my boss started to worry.  He asked me what I'm planning to do with it and I said I'm saving up for a year off.  So then he decided the roof would be 400 although he's still paying out even when I am using them.  I'm down to like 380 now.

@LeonG I actually had no thoughts of asking for overtime until i got a call from management at the last month of my probation asking me to take up another position along with my current position for cost cutting reason(eg : I was a sales manager, i was being asked to also manage the Procurement team as well). I realized that all those extra efforts that i had put had them think that i can do that and more forever. So, i believe i should do this now so that the effort i am putting here is accounted for and it is clearly visible of what they are doing here. 

 

0

Share this post


Link to post
Share on other sites
4 hours ago, Rica aciR said:

@LeonG I actually had no thoughts of asking for overtime until i got a call from management at the last month of my probation asking me to take up another position along with my current position for cost cutting reason(eg : I was a sales manager, i was being asked to also manage the Procurement team as well). I realized that all those extra efforts that i had put had them think that i can do that and more forever. So, i believe i should do this now so that the effort i am putting here is accounted for and it is clearly visible of what they are doing here. 

 

Sure, if you keep doing unpaid overtime in order to get the job done that's a cheap solution for your boss so they will up the workload until you break. That's why you have to stop.

3

Share this post


Link to post
Share on other sites
7 hours ago, Rica aciR said:

 

I am not doing any overtime now. I am standing my grounds, BR said they will support me, HR said they can mediate with the management if i want to, but before they get involved, they asked me to talk to the management directly. I will be dropping an email to them, lets see how it goes. I was also told that the moment i do this, the whole company might try to make me look bad + say that i am incompetent to have taken this longer to do the work etc.

 

I am just looking around to find similar cases to get more information on how to handle these situations. 

 

Who told you the whole company might retaliate against you, and for saying what?

 

That's called mobbing, and it's disturbing that either the BR or HR knows your company has some degree of mobbing culture and yet they don't seem willing to tackle that.

 

What does HR want you to discuss with management and why won't they mediate from the start? Personally I would stick with taking advice from the BR. HR is ultimately not your friend, but it is not clear what solutions have been proposed.

 

I think Leon's advice to just stop working overtime comes first, and it's great you're already doing that. The BR should be able to help you get compensated for existing overtime balance. I am not sure that emailing management is a great idea but it depends on what you want to tell them. If there is risk of mobbing, any discussion you have with them should include a witness. I'd prefer a BR  member as witness but any third party should do.

 

If it were me, at most I would simply tell management that the extra job managing procurement that they asked you to take on leaves you with far too much overtime and going forward you want to stick to your sales management role, per your contract (or something in that direction).

2

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now