Ask a lawyer on the topic of Labor law

Overtime pay

May 25, 2011 | 30,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

We are a small security company. We work 7 days a week, 24 hours a day. This includes Saturdays, Sundays, and public holidays. A new employee works from Saturday to Wednesday.
Now he is demanding a 50% surcharge for his work on Sundays, and for example, a 100% surcharge if Wednesday is a public holiday. Furthermore, if he has worked on public holidays, he is requesting a replacement rest day, which should also be fully compensated.
Does he really have the right to this? Thank you for your response.
Best regards

Steffan Schwerin

Dear Questioner,

I will answer the questions you have asked, taking into account the described facts and your input as follows:

An employee must have at least 15 work-free Sundays per year, § 11 paragraph 1 ArbZG.

The number of these days can also be reduced in a collective agreement or company agreements.

Furthermore, employees who work on a Sunday are entitled to an essential so-called compensatory rest day. This must be within a period of two weeks including the day of work.

If work is carried out on a public holiday that falls on a weekday, the compensatory rest day must be granted within a period of eight weeks including the work period, § 11 paragraph 3 ArbZG.

By collective agreement or company agreement, the elimination of the compensatory rest day for work on public holidays can be agreed or the compensation period can be determined differently, § 12 No. 2 ArbZG.

There is no legal entitlement to a surcharge for working on Sundays and public holidays, see BAG from 11.11.2006 ref. 5 AZR 97/05. The payment of surcharges depends on the agreements in collective agreements, company agreements, or employment contracts. If nothing is regulated or agreed there, the surcharges are to be paid according to local or industry standards.

The employee can demand compensatory time off, but not a surcharge.

Finally, I would like to point out that this platform cannot replace comprehensive and personal legal advice. The sole aim is to provide an initial rough assessment of your legal problem based on the information you have provided from a lawyer. The legal information I provide is based solely on the facts you have provided. By adding or omitting relevant information in the context of describing your situation, a completely different legal assessment may result.

I hope I have been able to give you an initial overview and that my explanations will help you. You are welcome to contact me through the follow-up option on this platform.

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Best regards,

Steffan Schwerin
Lawyer

Law Office Steffan Schwerin
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