Make use of labor law when working overtime
Who does not know that: The vacation days are not enough for many, which is why employees often work overtime in order to be able to take longer vacation. According to labor law, you can then celebrate this.
Labor law protects the right to overtime
In principle, unless otherwise specified in employment contract It has been agreed between the employee and the employer that you can work off any accumulated overtime. That Employment Law calls it leisure time compensation. By law, you are not entitled to have your overtime paid out if there is an option to compensate for your time off.
- As an employee, you have to work overtime if the operations require it. The employer can also arrange for this, because he has the authority to issue instructions to his employees. Your regular working hours can then be increased to 60 hours per week, if necessary. Here, however, Saturday counts as a working day in order to work overtime. Or your employer temporarily increases your working hours to 10 hours a day. However, this must not become a permanent condition for an employee who does not have a managerial function, because in this case it is It is clear that there is a shortage of staff, so that the work involved can only be done through regular overtime can. In this case, you do not have to work overtime unless this has been agreed with you in your employment contract.
- If the employer terminates you and at the same time releases yourself from the rest of the work obligation and thus unilaterally Forcing your time off in lieu, you do not have to accept the forced time off as a celebration of overtime. You can insist that the employer pay out the overtime, as you no longer have the opportunity to use it as compensation for leisure time. A unilateral order on the part of the employer is not permitted under labor law if you do not agree to this agreement.
the working time is regulated by the Working Hours Act.
