Unpaid overtime - how can I enforce my rights?
March 11, 2024 | 40,00 EUR | answered by Alexander Lenzner
Dear lawyer,
I am reaching out to you as I urgently need advice on a labor law matter. My name is Anneliese Hausdorf and I work as an office clerk in a medium-sized company. Lately, I have been accumulating overtime in order to cope with the increasing workload. However, I have not been offered any compensation for this overtime so far.
The situation is becoming increasingly burdensome for me, as the unpaid overtime not only results in financial losses but also severely limits my free time. I am worried that these overtime hours may become a regular occurrence, leading to me becoming overwhelmed and burnt out.
Therefore, I would like to know how I can enforce my right to payment for the overtime I have worked. Are there legal regulations that my employer must adhere to? What steps can I take to assert my rights without jeopardizing my job?
I appreciate your assistance in advance and look forward to your professional advice.
Sincerely,
Anneliese Hausdorf
Dear Mrs. Hausdorf,
Thank you for your inquiry regarding your employment law issue. It is understandable that the situation with the unpaid overtime is stressful for you and that you are concerned about your rights. I would like to help you in this difficult situation by providing you with some information and advice.
First of all, it is important to know that overtime is generally compensable if it has been ordered or at least approved. This is stated in § 612 of the German Civil Code (BGB), which specifies that work performed must generally be compensated. The Working Time Act (ArbZG) also contains regulations on overtime. According to this, the daily working time must not exceed eight hours, with exceptions possible if the weekly working time does not exceed eight hours per day on average over a period of six months or 24 weeks.
If you regularly work overtime and do not receive compensation for it, your employer may be violating your rights. In this case, you should first have a conversation with your employer and document your overtime. Explain to them that you expect appropriate compensation for your additional work.
If your employer still refuses to compensate your overtime, you may consider taking legal action. I recommend that you seek advice from a specialist lawyer for labor law who can support you in enforcing your rights. A lawyer can negotiate with your employer, seek an out-of-court settlement, or file a lawsuit in labor court if necessary.
It is important to emphasize that as an employee, you are legally protected and your employer cannot take any negative actions against you just because you are asserting your rights. If problems arise in the workplace, you can contact the works council or the relevant trade union.
I hope that this information is helpful to you and supports you in your situation. Please do not hesitate to contact me with any further questions. I am at your disposal.
Best regards,
Alexander Lenzner
Labor Law Attorney
