Who Decides About Accumulated Overtime Hours? An Employment Law Overview
Is it possible to compel someone to work fewer hours?
When deadlines are approaching, and work piles up, it's easy to rack up overtime hours. But who decides when you can use those accumulated hours? Let's explore the complexities of this issue with Kathrin Schulze Zumkley, an expert employment lawyer in Guetersloh.
The Basics: Employer's Call
In general, the employer has the authority to require employees to use their accumulated overtime if no other agreements are in place. They can even order time off at short notice to balance out the overtime.[1] One common method is adjusting working hours, such as working six hours instead of the usual eight the following day to even out the overtime.[1]
The Exception: Flexible Hours or Working Time Account
However, in relationships with flexible hours or a working time account, the decision often lies with the employee. They can then adjust the start or end time of their workday.[1]
The Contract: What Applies Prevails
Whatever is in the employment contract prevails. Overtime is defined as hours worked beyond what was agreed in the contract. The employer is theoretically required to pay extra for overtime or offer time off instead, but they must follow the specified rules in the contract.[1]
An Exception to the Exception: Emergencies
Unless there are explicit provisions in the employment contract, collective agreement, or works agreement, employees are generally only required to work the hours agreed in the contract. However, in exceptional cases, such as emergencies, employees may not be able to refuse an order for overtime.[1]
Kathrin Schulze Zumkley is a renowned specialist lawyer for employment law, a member of the managing committee of the Employment Law Working Group of the German Bar Association (DAV), and a lecturer at the German Law Academy and the Hamm Bar Association.
[1] Based on German employment law; federal law variants and state-specific laws may differ. For more information, consult a local employment law expert.
In the context of a workplace-wellness and health-and-and-wellness perspective, it's crucial to note that while employers generally have the authority to require employees to use accumulated overtime hours, this can be negotiated or adjusted based on agreements such as flexible hours or a working time account where the decision lies with the employee. However, the specific rules may vary depending on the details of the employment contract or collective agreement. In emergencies, employees may not be able to refuse an order for overtime, unless otherwise specifically outlined in the employment contract or relevant agreements.
