How can I correctly bill overtime hours?
March 5, 2024 | 30,00 EUR | answered by Elvira Klinger
Dear Tax Advisor,
My name is Bernd Höhne and I work as an employee in a medium-sized company. Lately, I have been accumulating overtime hours that I have worked. However, these have not been correctly accounted for so far, and I am unsure about how to proceed.
My current situation is as follows: In the last few months, I have regularly worked overtime, which is also documented in my employment contract. However, these overtime hours have not been correctly reflected on my paycheck and accordingly compensated. This has caused confusion and dissatisfaction for me, as I would like to be properly and fairly compensated for my work.
My concerns lie in not knowing exactly how to correctly account for the overtime hours and whether I may be entitled to back pay. I also fear that the situation will not resolve itself and that I will need to take action to assert my interests.
Therefore, my question to you is: How can I correctly account for overtime hours and ensure that they are correctly reflected on my paycheck in the future? Are there specific legal requirements or guidelines that I need to follow? And do I potentially have a claim for back pay for the overtime hours that have not been accounted for so far?
Thank you in advance for your support and advice.
Sincerely,
Bernd Höhne
Dear Mr. Höhne,
Thank you for your inquiry regarding the correct billing of overtime. It is understandable that you are concerned about the previously incorrectly billed overtime and want to be fairly compensated for your work.
First of all, it is important to know that overtime is regulated by law. According to the Working Hours Act (ArbZG), employees may work a maximum of 48 hours per week, with overtime only being permissible in exceptional cases and under certain conditions. Overtime must generally be ordered or at least approved by the employer. In addition, the compensation for overtime must be stipulated in the employment contract.
To correctly bill your overtime and ensure that it is properly reflected on your pay slip in the future, I recommend that you first talk to your employer. Be open about the situation and explain that the overtime has not been correctly billed so far. Request clarification and correct billing of the overtime.
If your employer is not cooperative or continues to incorrectly bill the overtime, you have the option to contact a trade union or an employment law attorney. They can advise you and help you enforce your rights.
Regarding a possible back payment for the previously unbilled overtime, it is important to check if it has been properly documented. If you have precise records or time tracking that confirm your overtime hours, you can present these to your employer and request a back payment.
Finally, it is advisable to seek professional help in case of any uncertainties or difficulties. A tax advisor or specialist attorney in employment law can inform you about your rights and claims and assist you in enforcing them.
I hope that my response helps you and supports you in your situation. If you have any further questions, please feel free to contact me.
Best regards,
Elvira Klinger
