How many overtime hours can my employer require of me?
September 12, 2023 | 45,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
My name is Fanni Vollmann and I have been working as an employee in a small company for five years. In recent months, my workload has increased significantly and my employer is increasingly demanding that I work overtime. I am generally willing to contribute to the company, but I am starting to wonder how many hours of overtime my employer can actually demand from me.
Currently, I am already regularly working beyond my contractually agreed working hours and I am feeling increasingly overwhelmed. I am worried about my health and my work-life balance. I am wondering if it is legally permissible for my employer to demand so many hours of overtime from me and if there are ways to limit my working hours.
I would like to know what the legal regulations regarding overtime are and if it is possible in my case to enforce a limit on overtime. Are there legal options to address the overload? Or am I obligated to work as many hours of overtime as my employer demands?
I would greatly appreciate it if you could assist me in my situation and provide possible solutions.
Thank you in advance for your support.
Best regards,
Fanni Vollmann
Dear Mrs. Vollmann,
Thank you for your inquiry regarding overtime and working time regulations. It is understandable that you are concerned about your health and work-life balance if your employer regularly requires you to work overtime. In fact, there are legal regulations that govern working hours and overtime in Germany.
According to the Working Hours Act (ArbZG), the maximum working time is usually 8 hours per day and 48 hours per week. However, this working time can be extended to up to 10 hours per day if an average of 8 hours per day is not exceeded within six months. Overtime is only allowed in exceptional cases and under certain conditions according to the law.
Your employer may require you to work overtime if it is specified in the employment contract or a company agreement. However, if there are no regulations regarding overtime in the contract, your employer can only require you to work overtime if there is a business necessity and your health is not endangered.
It is important to note that overtime is generally voluntary and you are not obligated to work overtime. However, if you refuse to work overtime, it could lead to conflicts with your employer. In your case, where you already feel overwhelmed, you could discuss with your employer about reducing overtime and jointly find solutions to reduce your workload.
If your employer continues to demand too much overtime from you and it leads to a health burden, you also have the option to contact a works council or a trade union. They can assist you in enforcing your rights and limiting overtime.
Overall, it is important that you are aware of your rights as an employee and stand up for your health and work-life balance. If you have any further questions or need legal support, I am happy to assist you.
Best regards,
Bernhard Vollmann
