Can my employer require me to work overtime?
December 28, 2022 | 40,00 EUR | answered by Piotr Gehrmann
Dear lawyer,
My name is Jan Reimann and I have been working as an employee in a medium-sized company for three years. Lately, my employer has been demanding more and more overtime from me. As a result, I hardly have time to take care of my family and personal interests. I feel overwhelmed and wonder if my employer has the right to require me to work overtime.
I have always worked overtime because I believed it was necessary to do a good job and keep my position. However, I am starting to realize that the constant extra work is significantly affecting my quality of life. I am worried about my health and wonder if my employer has the right to push me to this extent.
I am aware that there are legal regulations regarding overtime, but I am unsure how they apply in my case. Are there specific limits to how much overtime I am required to work? Can I refuse overtime if it affects my health or personal life? What rights do I have as an employee in this situation and how can I defend myself against the overload imposed by my employer?
I would greatly appreciate it if you could clarify my rights regarding overtime and provide possible solutions on how I can improve my situation.
Sincerely,
Jan Reimann
Dear Mr. Reimann,
Thank you for your inquiry regarding the overtime that your employer is asking of you. It is understandable that you feel overwhelmed and concerned about your health and personal life. In fact, there are legal regulations regarding overtime that also protect your rights as an employee.
In general, an employer may require overtime, but there are legal limits that must be observed. According to the Working Hours Act, employees may work a maximum of eight hours per day and 48 hours per week. Overtime is only allowed in exceptional cases and must be justified by the employer. Additionally, overtime must be compensated, either through time off or payment of an overtime premium.
If the constant overtime is affecting your health or personal life, you have the right to refuse overtime. You should talk to your employer about this and express your concerns. It is important that you clearly communicate your boundaries and assert your rights as an employee. If your employer continues to demand unreasonable overtime from you, you can seek legal advice from a lawyer or contact a union to take legal action.
It is important that you take your situation seriously and stand up for your rights. Overwork in the workplace can have long-term consequences for your health and should not be taken lightly. Look for ways to reduce your workload, whether through negotiations with your employer, requesting time off in lieu, or seeking legal advice.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please feel free to contact me.
Sincerely,
Piotr Gehrmann
