← BlogFebruary 17, 20235 min readEditorial teamDEUAENRU
For workers
Overtime and Surcharges: What You Are Entitled To in Germany
Staying longer, working nights or on Sunday: it happens in hotels, restaurants and on construction sites. Here is what the law allows, how overtime is paid and which surcharges are tax-free.
How much can you work?
Under the Working Hours Act, the working day on weekdays is generally eight hours. It can be extended to ten hours if, within six months, the average does not exceed eight hours per weekday. After work you must have a rest period of at least eleven hours. If you work more than six hours you are entitled to a 30-minute break, and after more than nine hours a 45-minute break.
Is overtime paid?
That depends on your contract. If it says overtime is compensated with money or time off, that applies. If there is no rule, you have a claim to pay when, under the circumstances, extra work is only to be expected against payment. Blanket clauses such as “overtime is covered by the salary” are valid only if the scope is clearly defined.
Important: the statutory minimum wage of €12 per hour also applies to overtime. If extra hours are collected on a working-time account, they must generally be compensated within twelve months.
Surcharges: what does the law say?
For night work, the law requires adequate compensation, either days off or a surcharge. Work on Sundays and public holidays is generally prohibited, with exceptions, for example in hospitality. If you work on Sunday, you get a replacement day of rest. The amount of any cash surcharge is set by your employment contract or collective agreement. There is no general legal entitlement to a fixed percentage.
Tax-free surcharges
If your employer pays surcharges, they are tax-free up to certain limits, based on a basic hourly wage of up to €50:
- Night work (8 pm to 6 am): 25 percent; between midnight and 4 am, if work started before midnight, 40 percent.
- Sunday work: 50 percent.
- Public holidays: 125 percent.
- Christmas Eve from 2 pm, Christmas Day, Boxing Day and 1 May: 150 percent. New Year’s Eve from 2 pm: 125 percent.
What to do
- Check your employment contract: how are overtime and surcharges regulated?
- Record your working hours yourself, ideally every day.
- Check your payslip. Our article on the payslip explains how.
- Know the €12 minimum wage.
- With questions, talk to your employer first and, if needed, to an advice centre.
Frequently asked questions
Do I have to work overtime?
Only if your contract, a collective agreement or a works agreement provides for it, or in an emergency. The limits of the Working Hours Act apply.
Do I get more money for overtime?
Not automatically. An overtime surcharge must be agreed. At minimum, the minimum wage applies to every hour worked.
Is there a statutory night surcharge?
The law requires adequate compensation but names no fixed percentage. The amount is set in your contract or collective agreement.
What if my employer does not pay for hours?
Document your hours and speak to them first. Contracts often have cut-off periods, so claim in time.