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Flextime credit: does it simply expire?

Lots of plus hours on your flextime account, and at the end of the year they are gone? Working time performed is work rendered. It may not simply expire without compensation, and when you leave you are entitled to a settlement.

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Plus hours in the working time account are work performed. A clause that lets them expire without compensation is as a rule invalid; the hours must be balanced through time off or paid. When the employment ends, a positive balance must be paid out.
What applies in detail (caps, balancing periods, carryover) is regulated by the employment or collective agreement or a works agreement. Expiry is conceivable at most within narrow limits and only with fair advance notice.

What you should do now

  1. 1

    1. Check the rules

    What do the employment or collective agreement or the works agreement say about balancing and expiry?

  2. 2

    2. Document the balance

    Keep a comprehensible record of your hours balance (time recording).

  3. 3

    3. Demand the balancing

    Demand that the plus hours be balanced through time off or paid.

  4. 4

    4. Have it paid out on termination

    Demand the payout of a positive balance when you leave.

Frequently asked questions

Can my plus hours in the working time account expire?

As a rule not without compensation. Plus hours are work performed and must be balanced through time off or paid. A clause that simply lets them expire is usually invalid. What applies in detail, balancing periods and caps, is regulated by the employment or collective agreement or a works agreement.

Are plus hours paid out on termination?

Yes. If the employment ends and there is a positive balance in the working time account that can no longer be balanced through time off, it must be paid out. Document your hours balance and demand the payout in writing; watch out for any cut-off periods in the contract.

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We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.