labor-law germany
Overtime salary in Germany
<p>I have a work agreement and there is a point: </p>

<pre><code>The gross monthly salary shall also discharge any extra work or overtime.
</code></pre>

<p>What does it mean? Does it mean that I get extra pay for overtime or it means that I do not get extra pay? </p>

<p>I have the same line in a contract that was just sent to me. So I did some quick research into this. However, <strong>I AM NEW TO THE SYSTEM AND DO NOT KNOW IT WELL!!</strong>, so please do not act on this information without seeking further advice from the relevant professionals. </p>

<p>From what I can gather, the "Arbeitszeitgesetz (ArbZG)" is the law that governs working hours in Germany. Here is a link: <a href="http://www.gesetze-im-internet.de/bundesrecht/arbzg/gesamt.pdf" rel="nofollow">http://www.gesetze-im-internet.de/bundesrecht/arbzg/gesamt.pdf</a> </p>

<p>I used Google Translate to translate this information and found that in §3 it states that "The default daily working time must not exceed eight hours. It can only be extended up to ten hours if within six calendar months or 24 weeks an average of eight hours working day is not exceeded."</p>

<p>This would lead me to believe that even if overtime is not paid as extra on top of your salary, they must give you the time off at another time to keep the average working day to 8 hours. **However, as the working week is Monday - Sat, the average working hours per week may be calculated as 48 hours per week, and not 40!</p>

<p>Once again, I am not fully sure of my information, so use at your own risk!!</p>

<p>It means that your salary includes any overtime I.e. You do not get paid extra. Whether this is legal in Germany, I don't know.</p>
