Can my employer force me to work overtime?
November 14, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
my name is Emilia Gerdes and I have been working full-time in a medium-sized company for two years. Lately, my employer has been demanding more and more overtime from me. I am already regularly working overtime, but now it is increasing and I feel increasingly overwhelmed. My employer argues that it is necessary for me to work overtime due to projects and orders.
I am concerned because the additional workload is greatly affecting my work-life balance and I have hardly any time for myself or my family. Additionally, I am wondering if it is even legally permissible for my employer to force me to work overtime. Are there any legal regulations that require my employer to arrange my working hours appropriately and limit overtime?
I would like to know if my employer has the right to force me to work overtime and if there are ways to address this. What steps can I take to improve my situation and protect my rights as an employee? I would greatly appreciate your assessment and possible solutions to this issue.
Thank you in advance for your help.
Sincerely,
Emilia Gerdes
Dear Mrs. Gerdes,
Thank you for your inquiry regarding overtime in your employment relationship. The situation you describe is unfortunately not uncommon, and many employees face similar challenges.
First of all, it is important to know that the Working Hours Act (ArbZG) in Germany provides clear regulations regarding working hours and overtime. According to § 3 ArbZG, the regular working time is 8 hours per working day, or 40 hours per week. Overtime is only permissible in exceptional cases and under certain conditions. In general, employees are allowed to work a maximum of 8 hours per week beyond the regular working hours.
Therefore, your employer does not have the right to force you to work overtime. This also applies when there is an increased workload due to projects or orders. If you are already regularly working overtime and are now being additionally burdened, it is certainly justified for you to be concerned about your work-life balance and your health.
To uphold your rights as an employee and improve your situation, I recommend the following steps:
1. Firstly, talk to your employer about your workload and the overtime. Try to find a solution together that is acceptable for both sides. Perhaps it is possible to optimize work processes or hire additional staff.
2. Check if there are regulations regarding overtime in your employment contract or in a works agreement. If not, you can insist that overtime is only worked on a voluntary basis.
3. If the conversation with your employer does not lead to a solution, you can contact the works council or a trade union. They can assist you and potentially take legal steps.
4. As a last resort, you can contact an employment lawyer and take legal action against your employer. A lawyer can assess whether your employer is violating the Working Hours Act and support you in enforcing your rights.
I hope that this information is helpful to you and that you can successfully improve your situation. If you have any further questions, please feel free to contact me.
Best regards,
Bernhard Vollmann, Attorney at Law
