Overtime (Überstunden)

At a glance

• Overtime goes beyond the contractual working time; it can generally be ordered only on a proper legal basis (contract, works agreement, collective agreement, or emergency)
• Overtime worked is either paid or compensated with time off
• A duty to pay can arise from § 612 BGB where remuneration is to be expected under the circumstances (objective expectation of pay)
• Lump-sum settlement clauses are valid only if they meet the transparency requirement (§§ 307 ff. BGB)
• The Working Hours Act limits daily working time to 8 hours in principle, and 10 hours by way of exception (§ 3 ArbZG)
• In a pay dispute, the employee generally bears the burden of presentation and proof for the overtime worked

For the contractual clause see „Überstundenklausel“, and for documenting hours see „Arbeitszeiterfassung“.

FAQ

Do employees have to work overtime?

Only where there is a legal basis, such as a provision in the contract, a works agreement, or a collective agreement. Without such a basis there is usually a duty only in genuine emergencies.

Is overtime always paid?

Not automatically. If nothing is agreed, a duty to pay can arise from § 612 BGB, provided the work could only be expected against payment under the circumstances. Alternatively, time off in lieu is possible.

Are clauses like "overtime is covered by the salary" valid?

Often not. Such lump-sum settlements must be clear and comprehensible; if it is not apparent to the employee how much overtime is expected without extra pay, the clause breaches the transparency requirement and is invalid.

Who has to prove the overtime in a dispute?

The employee, in principle. They must set out on which days and for how long they worked and that the overtime was ordered, approved, tolerated, or operationally necessary. The employer must then respond specifically (a tiered burden of presentation).

Last updated: August 2026

This article provides general information and is not a substitute for legal advice in individual cases.