Overtime (Überstunden) in Germany
Definition and legal framework
Overtime (Überstunden) is any work performed by an employee beyond the regular working hours laid down in the individual employment contract or in a collective agreement.
It is regulated by the German Working Hours Act (Arbeitszeitgesetz – ArbZG): according to § 3 (1) ArbZG, daily working time must not exceed 8 hours. By way of exception, it can be extended to 10 hours, provided that the average daily working time does not exceed 8 hours within six months or 24 weeks (Gesetze im Internet, Personio).
Maximum limits for overtime
Per day: Total working time may not exceed 10 hours (§ 3 (2) ArbZG).
Per week: The total number of overtime hours is included in the general limit of 48 hours per week. An extension up to 60 hours is possible if the excess hours are compensated at a later point in time (§ 3 (2) ArbZG) (Personio).
Special exceptions:
Minors (< 18 years of age) and persons under full legal guardianship may not be required to work overtime.
Pregnant and breastfeeding women enjoy special protection from night work and from exceeding maximum working time limits.
Compensation for overtime
There are no explicit provisions in federal law regarding the exact overtime pay rate (Industrie- und Handelskammer).
Instead, compensation is usually determined by:
the individual employment contract or a company agreement (Betriebsvereinbarung),
a collective bargaining agreement (Tarifvertrag).
Possible forms of compensation:
Additional pay: regular hourly wage plus a supplement (often 10–25 %) for each overtime hour (roland-rechtsschutz.de).
Time off in lieu (Freizeitausgleich): one hour of overtime = one hour of paid time off at a later date (§ 3 (2) BGB) (WBS.LEGAL).
Recording and keeping working time records
All working hours must be accurately recorded (on paper or electronically) in line with the so-called “Stechuhr-Urteil” (time clock ruling) of the Federal Labour Court (BAG) and the ECJ (DIE WELT).
Limitation periods:
If the contract does not contain special exclusion periods, the general limitation period of three years applies (§ 195 BGB). Otherwise, claims may lapse earlier (Personio).
Employee’s right to refuse overtime
Employees are not obliged to perform overtime if this would violate the statutory limits (§ 3 ArbZG) or pose a risk to their health.
If overtime has not been agreed, employees can generally refuse it, ideally after informing the employer in advance.
If overtime is demanded in an abusive or excessive manner, employees can contact their trade union or the works council (Betriebsrat) to protect their rights (IG Metall).
Practical tips
Check your employment contract to see whether it contains specific rules on overtime compensation, pay supplements or exclusion periods.
Record your working hours on a daily basis and keep e-mails, reports and other evidence.
Discuss with your employer or union whether overtime should be compensated by additional pay or by time off in lieu.
Monitor your payslips to ensure that overtime is correctly paid or recorded as time credits.
By following these guidelines, you can better safeguard your rights to appropriate compensation or time off for overtime under German law and avoid technical or administrative pitfalls when recording and settling additional hours.
The team of writers and editors of the website strives to provide accurate information by carrying out thorough research and consulting multiple sources when preparing articles. Nevertheless, errors may occur or some details may not be fully verified. Therefore, the information contained in the articles should be regarded as an initial point of reference only, and you should always contact the competent authorities to obtain confirmed and binding information.
