Can Your Boss Make You Cut Down on Overtime? A Guide to Your Rights
Exploring the possibility of reducing required work hours.
Maybe you've been clocking some overtime at work, and you're thinking about taking a few extra days off, but your boss wants to alter that? But who gets to decide? Here's what you need to know, according to labor law expert Kathrin Schulze Zumkley.
When work piles up, and the end of the project is nearing, overtime can quickly add up. When it comes to deciding whether or when to make up for these extra hours, whose call is it?
In reality, it can vary depending on the situation, as explained by Kathrin Schulze Zumkley, a specialized labor law attorney in Gütersloh. In essence, the employer can unilaterally ask employees to knock back the overtime if no other regulations are in place. In the absence of specific agreements, the employer can even order a break - even at short notice.
One way to take a break is by adjusting work hours. For example, if an employee has worked ten hours instead of eight at one point, the employer can ask the affected employee to work only six hours the following day. This helps balance the regular weekly average and offsets the overtime.
When's Overtime Compulsory?
In certain employment relationships, such as those with flexible hours or a working-time account, the decision usually belongs to the employee. Employees can then adjust their start or end times, for example.
However, what's in the employment contract holds weight, in general. Overtime refers to any work beyond what's agreed in the contract. Although employers theoretically should pay extra for overtime or grant time off for the additional hours, they can't demand overtime if there's no specific regulation in the employment contract, collective agreement, or works agreement. In extraordinary cases, such as emergencies, it's nearly impossible for employees to refuse an overtime request.
Quick Guide Without a Collective Agreement Are Wage Supplements Mandatory for Night Work or Overtime? In some cases, employers may not even be able to demand overtime, provided there are no explicit regulations in the employment contract, collective agreement, or works agreement. Employees are only obliged to work the hours specified in the contract, unless otherwise stated.
Kathrin Schulze Zumkley is an accomplished attorney specialized in labor law, a board member of the Working Group on Labor Law in the German Bar Association (DAV), and a lecturer at the German Lawyers' Academy and the Bar Association of Hamm.
Source: ntv.de, awi/dpa
Insights If no specific agreement regarding overtime reduction exists in your contract or collective agreement, employers cannot force you to reduce your accumulated overtime. Changes in wages or working conditions that significantly impact employees typically require their consent to comply with fair labor standards and avoid potential legal disputes.
Vocational training programs could be implemented within the community policy as part of a comprehensive workplace-wellness initiative focused on health-and-science, ensuring employee well-being and productivity. In the absence of specific regulations, an employer has the power to mandate vocational training for their employees, as it is not considered overtime work and does not violate labor law.
