Can my employer require me to work overtime without asking me?
May 17, 2023 | 50,00 EUR | answered by Gerda Dietrich
Dear lawyer,
My name is Thomas Prestel and I have been working for two years in a medium-sized company as an employee in the sales department. In recent weeks, my employer has increasingly ordered overtime without asking me beforehand or seeking my consent. As a result, I have had to sacrifice several weekends and evenings to cope with the additional work.
These overtime hours are putting a significant physical and psychological strain on me. I feel that my workload is becoming increasingly disproportionate and that my employer is not taking into account my personal situation. Additionally, I am wondering whether my employer even has the right to order overtime without consulting me first.
I am concerned about my health and work-life balance. Are there legal regulations that require my employer to inform me and obtain my consent before ordering overtime? What legal options do I have to address the frequent overtime and ensure that my working hours remain within the legally permissible limits?
I would be grateful for any help and information that could assist me in this situation.
Sincerely,
Thomas Prestel
Dear Mr. Prestel,
Thank you for your message and for trusting in my legal expertise. I am sorry to hear that you are suffering from an excessive workload and are being required to work overtime without your employer seeking your consent.
In general, overtime can only be ordered under certain conditions. According to the Working Hours Act (ArbZG), the regular working time should not exceed 8 hours per working day. Overtime is only permissible up to a limit of 10 hours per working day, if within six calendar months or within 24 weeks on average 8 hours per working day are not exceeded.
Your employer may require you to work overtime, but he must comply with the legal requirements. He is obligated to announce overtime in advance and coordinate with you, unless there is a special emergency or unforeseeable workload.
In your case, it seems that your employer is regularly ordering you to work overtime without your consent, which is not lawful. You have the right to resist unreasonable workloads and to advocate for compliance with legal regulations.
To address the frequent overtime, you can take the following steps:
1. First, talk to your employer and explain your situation. Ask for an explanation for the increased overtime and try to find a solution through direct communication.
2. If the conversation does not lead to a satisfactory solution, you can contact a works council, if available. The works council can support you in labor law matters and negotiate with your employer if necessary.
3. If the works council is also unable to find a solution, you can seek advice from a lawyer specializing in labor law. A lawyer can assess your rights, provide advice, and potentially take legal action to represent your interests.
It is important that you advocate for your health and work-life balance and do not allow your employer to unreasonably extend your working hours. I hope that this information is helpful to you and supports you in your situation.
If you have any further questions, please feel free to contact me.
Best regards,
Gerda Dietrich, Lawyer
