Can my employer refuse to pay me for my overtime hours?
July 6, 2023 | 50,00 EUR | answered by Anna Fuchs
Dear Sir or Madam,
I am writing to you as Ella Maier, as I am currently facing an issue regarding my overtime. My employer refuses to pay me for the accumulated overtime hours, even though I have worked them.
The situation is as follows: Over the past few months, I have regularly worked overtime to manage the workload and fulfill my responsibilities as an employee. However, these overtime hours have neither been compensated nor given as time off in lieu. When I brought this up with my employer, he informed me that overtime is not generally paid and it is my duty as an employee to work them.
This situation is causing me great concern, as I am experiencing financial losses due to the unpaid overtime and my leisure time is also significantly restricted. I am now wondering if my employer actually has the right to not pay me for the overtime hours, and what legal steps I can take in this matter.
Could you please assist me and provide possible solutions? Are there any legal regulations that protect me as an employee in this situation? I would greatly appreciate your support and advice on this matter.
Yours sincerely,
Ella Maier
Dear Mrs. Maier,
Thank you for your inquiry regarding the unpaid overtime hours by your employer. It is understandable that you are concerned in this situation and are looking for solutions. I would like to provide you with some legal information and possible steps that you can take in this matter.
First of all, it is important to know that overtime hours must generally be compensated, if they have been ordered or tolerated. This is stipulated in the Working Hours Act (ArbZG) and the collective agreement, if one applies to your employment. The employer is obligated to either compensate the overtime hours financially or grant them as compensatory time off.
If your employer refuses to compensate the overtime hours, you should first have a conversation with them and point out the legal regulations and the collective agreement. Often, a clarifying conversation can already contribute to solving the issue. If the conversation does not lead to an agreement, I recommend that you make your claims in writing and demand payment for the overtime hours from your employer.
If this also does not lead to success, as an employee you have the option to turn to the labor court and file a claim for the payment of the overtime hours. The labor court will then decide on the case and potentially award compensation for the overtime hours worked.
It is important to note that the statute of limitations for claiming overtime entitlements is usually three years. Therefore, you should not wait too long to take legal action in order to assert your claims.
Overall, you have the legal right to take action against your employer if they refuse to compensate your overtime hours. I recommend that you seek legal advice and potentially initiate legal steps to enforce your claims.
I hope that this information is helpful to you and wish you success in asserting your rights.
Best regards,
Anna Fuchs
