An Überstundenklausel (overtime clause) sets out whether and how overtime is paid, often as a lump-sum (‘covered by the salary’). The Federal Labour Court (Bundesarbeitsgericht) reviews such clauses strictly against the transparency requirement (Transparenzgebot): a lump-sum clause with no recognisable cap is void, because the employee cannot foresee how much uncompensated overtime to expect. A clause is valid only if it clearly limits the amount covered, for example to a set number of hours.
At a glance
- A lump-sum with no recognisable cap is void because it is intransparent (§ 307 BGB)
- Valid only if the contract shows the scope covered, for example a fixed number of hours per month
- If the clause is void, the statutory duty to pay applies; overtime must then be paid on top or compensated with time off
- Whether overtime is payable at all depends on an objective expectation of pay (§ 612 BGB); above the social-security ceiling it can be absent
FAQ
What does a valid clause look like?
It states the scope covered, for example "up to 10 overtime hours per month are covered by the salary." Anything beyond that must be paid separately.
Which overtime must be paid?
Only extra work the employer ordered, approved, or tolerated, or that was operationally necessary; the employee must show and prove this. Self-directed longer presence is not enough.
Can overtime be offset with time off instead of money?
Yes, if that is agreed. Without such an agreement, payable overtime gives rise to a pay claim; time off in lieu requires a corresponding arrangement.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
