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Can compulsory reductions in one's workload be enforced?

Misappropriating accumulated overtime for personal purposes, such as extending a vacation; such practice should be understood by employees that it may be subject to employer's discretion.

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Strategize savings incrementally for later flexibility, say, to prolong a holiday, but here's the...
Strategize savings incrementally for later flexibility, say, to prolong a holiday, but here's the catch: Employees planning this need to be aware: The employer's approval of such usage might be required.

Breaking Down Overtime and Making Up for It: A Guide to Employment Law

Can compulsory reductions in one's workload be enforced?

Are you racking up overtime hours on a project with an impending deadline? You might wonder who decides when you can take the time off to balance it all out. Kathrin Schulze Zumkley, a specialist lawyer for employment law in Guetersloh, gives us the lowdown.

While the specifics can vary, employers usually hold the power to require employees to make up for overtime, unless other arrangements have been made. In the absence of such agreements, they can even command unscheduled time off.

Let's say you've put in ten hours on a day instead of eight. Your employer could then ask you to work six hours the next day, maintaining the average weekly hours and correcting the overtime.

But when it comes to jobs with flexible hours or a working time account, the power shift: employees generally decide when to adjust their workday start or end times.

The specifics, though, depend on what's outlined in the employment contract. Overtime refers to any hours beyond what's agreed upon in the contract, and employers theoretically must pay extra for them or offer time off. Unless the contract explicitly states otherwise, employees are only required to work their contracted hours. In emergencies, however, they may be compelled to work overtime.

Kathrin Schulze Zumkley is a specialist employment lawyer, a member of the managing committee of the Employment Law Working Group of the German Bar Association (DAV), and a lecturer at the German Lawyers' Academy and the Hamm Bar Association.

Key Insights:

  1. In Germany, overtime rules primarily stem from collective bargaining agreements (CBAs) or individual employment contracts.
  2. Overtime must be explicitly agreed upon, and some CBAs may stipulate additional pay of 25-50% over regular hourly rates.
  3. Compensatory time off can be agreed upon instead of monetary compensation, but both employer and employee must agree.
  4. Employers are responsible for ensuring compliance with labor laws, as well as the agreed-upon terms in the employment contract or CBA.
  5. All working time, including overtime, must be recorded.
  6. The standard workweek is 40 hours, with a maximum of 48 hours per week, and overtime beyond two extra hours per day requires mutual agreement.

In the realm of employment law, employees can find solace in initiatives focusing on workplace-wellness, health-and-wellness, and mental-health. For instance, to combat the effects of excessive overtime, some workplaces may incorporate science-based methods to promote service excellence while prioritizing employee health and mental well-being. This could include offering wellness programs that provide resources and support to help employees maintain a healthy work-life balance.

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