Short-time work with overtime?
With short-time working, the working hours of employees are reduced in economically difficult times in the event of significant loss of work. Thus, dismissals are regularly prevented. As compensation for the shortened working hours, employees receive short-time work benefits from the employment agency.
Many companies use the short-time working subsidy to compensate for the poor order situation. There are some companies that order overtime, although this is not justified in the case of short-time work.
Prohibition of overtime in the case of short-time work
- Before you go into the overtime, you should make sure that the ordering of short-time work was even legally allowed. If this is not the case, you are entitled to a full acceptance fee. For this, your employer must first register short-time work in writing with the employment agency after a significant loss of work; In addition, the other requirements of Section 169 SBG III must be met.
- If your wages are reduced by short-time work, the order of short-time work is only justified if it is specified in the collective agreement, in employment contract or is regulated in the works agreements. If this is not the case, you should make your employer aware of this.
- If there is a works council in your company, it must have approved the short-time work.
- Your employer may not order unpaid overtime during short-time work, Finally, short-time work must be ordered because there is not enough work available to the employees stands. Should your employer nevertheless order overtime, it is essential that you make him aware of the prohibition and, if necessary, contact us. to the works council.
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If the employer continues to insist on overtime, you have the option of contacting the employment agency, which in turn will take action against your employer. You can also file a criminal complaint for fraud or attempted fraud.
