Überstunden

Überstunden refers to the German term for overtime hours worked by an employee beyond their regular contracted working time. It is a common practice in many German workplaces and is subject to specific regulations and collective agreements.

The legal framework for Überstunden in Germany is primarily governed by the Arbeitszeitgesetz (Working Time Act). This law sets limits on daily and weekly working hours and mandates rest periods. While the law itself doesn't explicitly define a maximum number of overtime hours, it emphasizes that excessive overtime can be detrimental to employee health and safety.

In practice, the handling of Überstunden is often detailed in individual employment contracts or, more commonly, in collective bargaining agreements (Tarifverträge) negotiated between trade unions and employer associations. These agreements typically specify how overtime is to be compensated, which can include financial payment at an increased rate (e.g., time-and-a-half or double time) or compensatory time off (Freizeitausgleich).

Employees are generally not obligated to work Überstunden unless it is contractually agreed upon, stipulated in a collective agreement, or in cases of urgent business needs where it's considered reasonable. Employers must ensure that working time records are kept accurately to document all hours worked, including overtime. Failure to adhere to regulations regarding working hours and overtime can result in penalties for the employer.