How much overtime is the law allowed? - You should know that
Malochen until you drop? The law protects you against overwork and exploitation and regulates how many overtime hours are legally allowed.
in the employment contract and the hours to be worked by you as an employee are specified in collective agreements. You will regularly find the information that your employer may also order overtime due to operational requirements within the scope of his right to direct. The Working Hours Act regulates how many overtime hours are allowed by law.
Legal regulation is imperfect
- The Working Hours Act (ArbZG) does not contain any effective limitation on overtime. It tries hard to do justice to the interests of employees and employers.
- According to the ArbZG, the working time Do not exceed 8 hours on a working day. This describes the ideal situation.
- It is regularly agreed that overtime with the salary are compensated or are compensated for by compensatory time off.
Overtime is subject to compensation
- At the same time, the law stipulates that working hours can be extended to up to 10 hours a day, under the Prerequisite that in six months or within 24 weeks worked an average of a maximum of 8 hours a day will. This means that you have to be granted appropriate compensation for overtime.
Federal Working Hours Act - what you should pay attention to as an employer
The eight-hour day is considered a social achievement in the world of work. That …
It is amazing how many exceptions are possible
- However, the law contains a number of exceptions for certain industries and certain activities. The working hours for night and shift work can be increased from the regular working hours of 8 hours to up to 10 hours h can be extended if within a month only worked 8 hours a day on average will.
- Furthermore, it is legally permitted that the working hours in a collective agreement or in a company or service agreement also exceed 10 hours a day can be extended if regular work readiness or on-call service is involved in this working time are. In addition, other compensation periods for overtime can be set.
The works council has a say in what is allowed
- In order to prevent abuse, a works council existing in the company has the option of giving its consent to the arrangement of Refusing to work overtime (§ 87 I 3 BetrVG) or his consent to concessions by the employer in other areas make them dependent.
- Note that with flexible working time models, even with long daily working hours, none Overtime in the sense of the law can be worked more because the normal working hours are irregular is distributed. How many hours are charged as normal working hours and how many as overtime should be contractually agreed.
- For your protection, the ArbZG stipulates that breaks of at least 30 minutes when working longer between 6 and 9 hours and an uninterrupted rest period of at least 11 hours after the end of work.
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