How are overtime paid for salaried employees
This is how you can calculate the remuneration for your overtime
The employment contract indicates when to work overtimeMost employees have completed with their boss to join the company. Here is that too regular, expected working hours per day are noted in it in hours and how much money they receive each month for this.
But be careful with the Overtime clause: Not every formulation is legally watertight. Often, appointments such as “overtime are covered by the salary as a lump sum” are not permitted. But what should employees consider when paying for overtime? This guide provides you with all the answers you need to know about “calculating overtime”.
Compact knowledge: calculate overtime
Overtime pay can be calculated in two different ways. You can find out what the formulas are here.
In general, employees are always entitled to compensation for overtime, either in the form of financial compensation or compensation for time off. Often there are clauses in employment contracts stating that overtime is compensated with the salary, but as long as no clear upper limit is set for the number of overtime paid, such agreements are usually invalid (BAG, judgment of September 1, 2020, AZ 5 AZR 517/09).
You have the option of claiming compensation for the overtime. However, this is only promising if you can prove that you worked overtime and that this was ordered or at least tolerated by your employer. If necessary, seek advice from a lawyer specializing in labor law.
Calculating overtime - this is how it works
Has your supervisor due special operational requirements (e.g. increased sickness rate in the workforce) ordered that overtime is to be performed, you usually have to obey this instruction.
But is this additional work also paid? And how can you calculate the overtime?
According to labor law, the decisive factor is which agreements you have made with your employer in the employment contract or what a possibly applicable collective agreement says about this.
Basically there is Civil Code (BGB) in Section 612:
Remuneration is deemed to be tacitly agreed if the service can only be expected in return for remuneration under the circumstances. "
Did you catch up with your employer If there is no agreement on the amount of the payment, what is customary in the industry is usually to be paid.
The amount you can count on at the end of the month is shown in the overtime calculation. There are two ways here.
- Starting from Gross monthly salary and the average number of hours worked per month you can calculate the overtime payout. The formula for this is as follows:Gross salary per month: 4.33: weekly working hours = hourly wage as gross value (in €)
The Now multiply the hourly wage by the number of overtime worked (in hours). This can help you determine how much money your boss has to pay you for overtime. Calculate the amount by hand, you shouldn't ignore any surcharges.
- A another option to calculate the overtime payout, is to apply this formula. It is:(Gross salary per month x 3): 13: hours per week = hourly wage as gross value (in €)
In this way you will also receive an answer to the question “How is overtime calculated?”.
Calculate overtime pay online
To calculate overtime is no formula needed.
You can Calculate overtime using tools on the Internetthat even distinguish gross and net for you.
These calculators determine what wages you receive per hour and how much money the employer has to pay you for the overtime worked.
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