Only with such a regulation in place can employers order overtime at all .
Posted: Mon Jan 06, 2025 7:25 am
Please note : A high volume of visitors and/or a shortage of staff is not considered an exception, as you as an employer must take such events into account in your planning. They therefore do not justify additional work. Even in the case of bottlenecks due to many sudden illnesses or events with increased staff requirements, bosses cannot demand overtime without a mutual agreement, but must rely on the goodwill of their staff. The general right canada phone data to give instructions does not apply here because it is limited to the duties set out in the employment contract - which would be unilaterally expanded by the overtime. In order to be able to order overtime at all, there must be a corresponding regulation in the employment contract or collective agreement or there must be an agreement with the works council . This then states, for example: "The regular working hours are ... hours per week. The employee is obliged to work additional hours and overtime up to ... hours per month if ordered by the company."
In addition, the number of overtime hours worked must be documented. Afterwards, employees must then have the opportunity to take time off in lieu . Alternatively, compensation for the overtime worked is also possible, but the payment must then be based on the fixed salary. There is also no precise legal regulation as to when overtime must be reduced or paid out. According to labor law, overtime only expires after three years at the latest (on December 31 of the third year). However, the employment contract or collective agreement may contain clauses stating that overtime must be reduced within a year by a certain date, for example. Info : When determining the maximum working time , you must take into account that the maximum figures of 40 or 48 hours include all of the employee's professional activities . If someone carries out several activities in parallel , the total working time for all activities must not exceed 40 or 48 hours. Rest periods in the catering industry: Which breaks are required by law? As in all industries, rest periods are also prescribed in the catering industry. They are intended to allow employees to relax .
In addition, the number of overtime hours worked must be documented. Afterwards, employees must then have the opportunity to take time off in lieu . Alternatively, compensation for the overtime worked is also possible, but the payment must then be based on the fixed salary. There is also no precise legal regulation as to when overtime must be reduced or paid out. According to labor law, overtime only expires after three years at the latest (on December 31 of the third year). However, the employment contract or collective agreement may contain clauses stating that overtime must be reduced within a year by a certain date, for example. Info : When determining the maximum working time , you must take into account that the maximum figures of 40 or 48 hours include all of the employee's professional activities . If someone carries out several activities in parallel , the total working time for all activities must not exceed 40 or 48 hours. Rest periods in the catering industry: Which breaks are required by law? As in all industries, rest periods are also prescribed in the catering industry. They are intended to allow employees to relax .