Your staff regularly work overtime?
What’s the difference between contractual overtime and statutory overtime?
If you work more hours than stipulated in your employment contract up to the maximum working hours of labor law (Art. 9 ArG), this is referred to as overtime. This is different from statutory overtime. Statutory overtime is when the statutory maximum number of working hours is exceeded. In the case of statutory overtime, compensation is mandatory.
What do you as an employee have to observe with regard to overtime?
As an employee, you are obligated to work overtime if it is necessary, you are capable of working the hours, and it can be reasonably expected in good faith. Overtime that is not expressly ordered by the employer, but that is operationally necessary, must be reported immediately to them. If you as an employee have regularly worked overtime, you can send your employer a written claim for compensation of overtime (see template for overtime compensation).
What do you as an employer have to observe with regard to overtime?
As an employer, you must create an overview of overtime worked during the calendar year for your employees. If the overtime is not documented, you can be fined (see template for recording overtime).