Overtime supplement: Is there a basic claim?
The overtime supplement is not simply the payment of overtime worked, but describes an additional compensation that will be added to the normal hourly wage if you as an employee work overtime.
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What is the compensation for overtime?
Basically, your employer has to pay you overtime according to your normal hourly wage or provide you with a timely compensation. However, there is no legal basis that allows overtime to be paid higher. However, in your employment contract or in the industry's collective agreement, the employer may be required to pay an overtime supplement.
The actual amount of the overtime supplement is very different, since the additional allowance is usually between 15 and 40 percent of the normal hourly wage. Under certain conditions, overtime pay may even be tax-exempt or at least tax-deductible. Incidentally, executives and persons with gross incomes of more than € 76,200 (West) and € 68,400 (East) are not entitled to compensation for their overtime, since in these positions target achievement is the yardstick of pay rather than working time.
Again and again the question arises whether surcharges can be combined; So, if you're working overtime on Sundays, you'll get both the Sunday job and the overtime surcharge. This depends very much on the wording in the tariff or employment contract. Check the contracts carefully to know your claims.
Who has to work overtime?
Basically, nobody has to work more than contractually agreed. That means you can refuse overtime. An exception are unpredictable bottlenecks in the enterprise, for example by strike. Then your employer may oblige you to work overtime. Teenagers, breastfeeding and expectant mothers, however, are particularly protected and may only work overtime in the most extreme emergency.
To a certain extent, overtime may also be specified in the employment contract, for example, with terms such as "overtime are not paid separately, but are paid with the salary, as long as they do not exceed a period of three hours per week or ten hours per calendar month." However, a general exclusion of overtime pay is legally ineffective.
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