Overtime

Overtime means exceeding the maximum working hours per day. Section 3 of the Working Hours Act stipulates a daily working time of eight hours. The time of day does not matter, but every minute that exceeds the eight hours does. Up to ten hours of working time are permitted in total. However, the employee must work an average of eight hours per day in order to be below the overtime limit. The Working Hours Act assumes a 40-hour week with five working days or a 48-hour week with a six-day week. In both cases, the average is eight hours. If this time is exceeded due to overtime, it must be compensated within 24 weeks. Special regulations apply to work on Sundays and public holidays as well as night work. The reduction in overtime must then take place within two, four or eight weeks. There is also a substitute rest day on Sundays and public holidays.

The provisions of the Working Hours Act regarding overtime apply to all employees. However, certain exceptions are made in §18 of the Working Hours Act. Excluded from this legal basis are senior executives, chief physicians and employees who are responsible for hiring and firing staff.

Additional work and overtime

A fundamental distinction must be made between overtime and extra hours. Overtime is performed when the employee works beyond the working hours stipulated in the contract. Overtime is not provided for in the Working Hours Act per se, but can be stipulated in the contract or stipulated by the employer for obvious reasons. The difference cannot be precisely defined for full-time employees, as they work the maximum working hours specified in the Working Hours Act per day. Working more than these eight hours also means that the full-time employee exceeds the contractually stipulated hours and therefore works overtime. This difference becomes clearer for part-time employees. A part-time employee works less than 40 hours a week and therefore less than eight hours a day on average. If employee A normally works six hours a day and stays one hour longer on one day, this is overtime. This one hour is more than the contractually agreed working time. However, if this one hour turns into three, it is overtime after the second hour, as the statutory eight hours have been exceeded. Overtime in the case of part-time work therefore only applies if the employee exceeds the maximum working time of eight hours.

In order to keep track of the hours worked, the working hours are recorded. This is beneficial for both the employee and the employer. In this way, it is possible to see exactly how many hours have been worked, add up the plus and minus hours and reduce or pay overtime in good time. With time recording from Krutec, you and your employees can keep track of all hours at all times.