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Overtime not paid? When you can demand money or time off

You regularly worked longer, but the employer does not want to pay the overtime? Whether you get money or time off in lieu depends on the agreement and on proof. It is important to document the hours well.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Demand your overtime

Your chances of getting your money back

Overtime is to be remunerated if it was ordered, approved, or necessary to complete the work, and remuneration was agreed or is customary (§ 612 BGB). Blanket 'settled with the salary' clauses are often invalid.
You must set out and prove the overtime: when, how long, on whose instigation. Also watch for cutoff periods in the employment contract (often 3 months).

What you should do now

  1. 1

    1. Document the overtime

    Keep a precise record: date, start and end, breaks, occasion, and who ordered or knew about it.

  2. 2

    2. Check the agreement

    What does the employment or collective agreement say about overtime pay? Blanket settlements are only effective within narrow limits.

  3. 3

    3. Assert it in writing

    Demand payment or time off in lieu in writing with a specific number of hours and a deadline; that also preserves cutoff periods.

  4. 4

    4. If necessary, the labor court

    If the employer does not pay, you can sue. Unions and advice centers help.

Frequently asked questions

Is overtime 'automatically' settled with the salary?

Not without limit. Clauses that settle 'all overtime' with the salary across the board are often invalid, because it is unclear how many hours are meant. Then your claim to remuneration remains, provided you can prove the overtime.

How do I prove overtime?

With a precise record (date, times, occasion) and ideally evidence such as time recording, emails, or witnesses. It is also important that the employer ordered, approved, or at least tolerated the overtime.

Take action now

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.