Overtime refers to hours worked beyond the contractually agreed regular working time. It is only permissible under specific conditions: instruction by the employer, statutory maximum limits under the Working Hours Act (generally ten hours per day) and collective or company-level rules on additional hours.
Overtime pay is governed by the employment contract or collective agreement. Lump-sum clauses ("overtime is settled with the salary") are only valid for higher-paid roles and must clearly state how many hours are covered. More common are time-off in lieu or pay-out with surcharges.
Documentation is crucial. Following European Court of Justice and German Federal Labour Court rulings, employers are obliged to operate a comprehensive system for recording working time. Anyone wishing to claim overtime should keep clean personal records – apps or a simple spreadsheet usually suffice.
In collectively agreed environments such as the public sector, overtime rules are particularly clear; in IT and consulting they are often offset through lump sums. Lunigi surfaces relevant contract details where possible.