How can I defend myself against unpaid overtime?
July 11, 2023 | 40,00 EUR | answered by Babette Krüger
Dear lawyer,
I have been working in a medium-sized company in the marketing department for three years. Lately, there has been an increase in the amount of overtime I have to work in order to manage the workload. Unfortunately, these overtime hours are not being compensated and I am wondering how I can fight against this.
My employment contract specifies a weekly working hours of 40 hours, however, I am regularly asked to work longer hours to meet deadlines and complete projects. I understand that overtime may occur in exceptional cases, but it has now become the norm and I feel exploited.
I am concerned that my health is suffering from the constant overload and that my work performance is being affected. Additionally, I am questioning the legality of my employer demanding unpaid overtime from me without any recourse.
What legal steps can I take to fight against unpaid overtime? Are there ways to document my working hours and demand appropriate compensation? I want to ensure that my rights as an employee are respected and that I do not have to work beyond my limits.
Thank you in advance for your support and advice.
Sincerely,
Karl Hoffmann
Dear Mr. Hoffmann,
Thank you for your inquiry and your trust in my legal advice. It is understandable that you are concerned about your health and work performance when you are regularly required to work unpaid overtime. In Germany, the compensation for overtime is legally regulated, and employers are obligated to adequately compensate for it.
According to § 612 of the German Civil Code, employees generally have a right to compensation for overtime worked, unless otherwise specified in the employment contract. If your employment contract does not contain any provisions regarding overtime and its compensation, the legal regulations apply. This means that you generally have a right to compensation for the overtime you have worked.
To assert your rights, I recommend documenting your working hours accurately. Record all the overtime you have worked, the reasons for it, and your employer's instructions. This documentation can serve as evidence in case of legal disputes with your employer.
Furthermore, I advise you to have a conversation with your employer. Approach the conversation in a factual and constructive manner, expressing that you would like your overtime to be compensated and inquire about a solution for future work time organization. It is possible that your employer may not be aware that you are suffering from constant overload and may be willing to find a solution.
If the conversation with your employer does not lead to an agreement, you can seek assistance from a labor union or a specialist lawyer in labor law. A lawyer can provide comprehensive advice and help you enforce your rights.
In conclusion, I want to emphasize the importance of defending your rights as an employee and advocating for fair compensation for your overtime. Your health and well-being should not suffer due to work overload. I hope that my advice will be helpful to you and wish you success in asserting your rights.
Sincerely,
Babette Krüger
Attorney at Law
