4

I have a work agreement and there is a point:

The gross monthly salary shall also discharge any extra work or overtime.

What does it mean? Does it mean that I get extra pay for overtime or it means that I do not get extra pay?

3

I have the same line in a contract that was just sent to me. So I did some quick research into this. However, I AM NEW TO THE SYSTEM AND DO NOT KNOW IT WELL!!, so please do not act on this information without seeking further advice from the relevant professionals.

From what I can gather, the "Arbeitszeitgesetz (ArbZG)" is the law that governs working hours in Germany. Here is a link: http://www.gesetze-im-internet.de/bundesrecht/arbzg/gesamt.pdf

I used Google Translate to translate this information and found that in §3 it states that "The default daily working time must not exceed eight hours. It can only be extended up to ten hours if within six calendar months or 24 weeks an average of eight hours working day is not exceeded."

This would lead me to believe that even if overtime is not paid as extra on top of your salary, they must give you the time off at another time to keep the average working day to 8 hours. **However, as the working week is Monday - Sat, the average working hours per week may be calculated as 48 hours per week, and not 40!

Once again, I am not fully sure of my information, so use at your own risk!!

  • 1
    There is a point that says that working week is 40hrs. And as explained by the company - compensation is either free time from work another day or bonus. I assume that I cannot be obligated to work more since it is 40hrs work week – Heisenberg Aug 18 '15 at 15:51
  • I'm really not sure. In my own contract there is a part that mentions that I should be available for overtime - "If overtime is necessary as a result of the high workload and project requirements, the employee is ready to work it as far as this is possible for him". 'As far as possible' is pretty subjective there! So maybe see if there says something like that in your own contract? My advice would be to raise any questions you have about the contract with the company so they can clarify any concerns you have BEFORE you sign the contract. – Guest10000 Aug 18 '15 at 16:36
  • @Heisenberg: Overtime MAY be ordered occasionally if company needs require it; even then the weekly work time MUST NOT exceed 48 hours. – Martin Schröder Dec 20 '17 at 10:28
1

It means that your salary includes any overtime I.e. You do not get paid extra. Whether this is legal in Germany, I don't know.

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