Overtime trap in the contract? What the law really allows
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Overtime in salary: what is legal? The law has clear rules – and what is written in the contract can determine your claim.
Munich – Who doesn’t know it? Whenever you want to finish work on time, something comes up. Whether it’s a quick call or a colleague who needs help. Often you just can’t keep up and you have to do your work overtime.
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But what happens to these? Are they paid or are they included in the salary? A look at the legal situation and what that means for the individual.
Compensating for overtime with your salary is actually possible – but not without clear rules. A ruling by the Federal Labor Court from 2010 makes it clear that the employment contract must set a specific upper limit for overtime, such as wmn.de writes.
Without this clarity, the clause is invalid. This means: If the contract states that two hours of overtime per week are included in the salary, that is legally okay.
The limits of overtime regulations
But how much overtime is acceptable? This is where things get tricky. The employer may only demand a certain amount of overtime. Rule of thumb: Ten to 15 percent of regular working hours are considered tolerable. But be careful, these are not legal requirements, but rather guidelines. The protection of workers is a priority in order to prevent exploitation.
If there is no overtime regulation in the contract, the Civil Code (BGB) applies. Overtime must then be paid if this is customary in the industry. This becomes particularly relevant if there are collective agreements that provide for overtime pay. Even if the employer has not signed it, the regulation applies.
Practical tips for everyday life
It is important for employees to check their own employment contract carefully. What clauses are there regarding overtime? And what about the actual working hours? Communication with the employer can provide clarity here. Another tip: document your own workload regularly so that you have arguments to hand in case of doubt.
The world of overtime is complex, but with the right knowledge many problems can be avoided. Anyone who knows their rights and understands the employment contract has a clear advantage. Overtime should never be a matter of course – neither for employees nor for employers.
Business Punk Check
The overtime debate reveals a structural problem: many employment contracts are legally vulnerable because they contain vague wording. Employers rely on employees not knowing or enforcing their rights. The 15 percent limit is not a license for permanent overtime – it marks the absolute pain threshold. Anyone who systematically exceeds this is overexploiting the labor force.
The following applies to employees: check the contract, track working hours, and obtain legal advice if necessary. The negotiating position is stronger than expected – especially in sectors with a shortage of skilled workers. Accepting overtime as the norm is not a career strategy, but a burnout catalyst.
Employers who offer fair overtime regulations gain a competitive advantage in recruiting. The question is not whether overtime must be paid – but when employees will finally demand their rights.