As a rule, your employer is not entitled to force you to work overtime unless your employment contract, a collective agreement (Tarifvertrag) or company regulations (Betriebsvereinbarung) explicitly state that you are obliged to perform additional hours.
Conversely, if your contract contains a clear clause obliging you to perform Mehrarbeit (overtime) within a reasonable scope, you are required to do so, provided it does not conflict with the limits set by the Working Hours Act.
1. Basic legal principles
§ 106 Gewerbeordnung (GewO):
Under this provision, the employer may issue instructions (Weisungen) regarding working time, place of work and how the work is to be performed, as long as these instructions remain within the boundaries of the contract and the nature of the work.
Working Hours Act (Arbeitszeitgesetz – ArbZG) §§ 3–5:
Basic maximum daily working time: 8 hours.
An extension to 10 hours per day is exceptionally allowed if the excess is compensated so that the average working day over 6 months or 24 weeks does not exceed 8 hours (§ 3 ArbZG).
It makes no difference whether the work is regular working time or overtime – these limits may not be exceeded in total.
2. When are you obliged to work overtime?
If your employment contract or a collective agreement explicitly provides for an obligation to perform Mehrarbeit (for example: “Up to 10% overtime per year shall be performed”), you are obliged to work these hours within reasonable limits.
If there is no explicit clause, you are not legally obliged to work overtime and you may refuse.
3. When can you refuse to work overtime?
If there is no contractual obligation to work overtime.
If the employer’s instruction would exceed the statutory limits on working time (§ 3 ArbZG).
If the required additional work clearly goes beyond the reasonable burden covered by your contract (for example, if your normal working time is 40 hours per week but you are asked to do 100 overtime hours per month).
In case of serious health or social reasons (family care duties, medical emergencies, etc.), based on the principles of proportionality and humane considerations.
4. Practical tips
Check your employment contract and look specifically for clauses on Mehrarbeit (overtime) or terms such as “Nebentätigkeit” or similar regulations relating to additional work.
Clarify the matter in writing with your employer if you are asked to work overtime and there is no clear clause in your contract.
Keep your own record of your working hours so you can ensure that you are not exceeding the statutory limits.
In case of a dispute, you can contact the works council (Betriebsrat) or consult a labour-law specialist to protect your rights.
In short: Your response to a company’s request that you work overtime depends on what is written in your contract and on the legal limits.
If there is no clear contractual obligation, you are entitled to refuse overtime without jeopardising your employment relationship solely for that reason.
The authors and editors of this website strive to provide accurate information based on extensive research and the evaluation of multiple sources. Nevertheless, errors may occur or some details may be incomplete or not fully confirmed. Therefore, please regard the information in this article as an initial point of reference and always contact the competent authorities or professional advisers for binding and up-to-date information.
