« Germany Fact #3»

Published on 28-01-2024

Germany fact:

Germany also has fachkraft mangel: shortage of personnel and the labor market is under pressure.
69% of workers in Germany occasionally / often work overtime due to staff shortages.

German law has no explicit obligation for employees to work overtime. Numerous employees (regularly) claim overtime pay. Not always justified, because the employee must be able to prove that the overtime was decreed by his superior, was betriebsnotwendig or was approved by the employer.

Thus, it is not up to the employee to decide if and when to work overtime. They must have been expressly decreed by the employer. Exceptionally, the employee may demand the payment of overtime if the making of overtime is unquestionably required by the business interest. For this, however, the employee bears the responsibility of proof.

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