We're not paying those few hours of overtime. – is that allowed?

Pay

"We're not paying those few hours of overtime."

You have worked overtime but are supposed to get neither money nor time off in lieu.

§ 17 Abs. 7 BBiG

The boss may NOT do that

Overtime must be paid or compensated with time off!

Employment beyond the agreed training time must be specially remunerated or compensated with corresponding time off (§ 17 (7) BBiG). A flat-rate settlement in the training contract ("all overtime settled with the allowance") is IMPERMISSIBLE — such clauses are void. There is also no such thing as "goodwill" overtime.

What the law says

§ 17 (7) BBiG – Overtime remuneration

Employment beyond the agreed regular daily training time must be specially remunerated or compensated with corresponding time off.

What you can do

Flat-rate clauses in the training contract are ineffective — you can still make a claim.
Your choice: money OR time off in lieu. You cannot have both, but you choose.
Precise recording of the overtime is worth gold (date, occasion, duration).
Amount: hourly value = monthly allowance / agreed monthly hours, plus any premium.

Email template for your trainer

Subject: Compensation for overtime worked

Dear [name of trainer], in the last [weeks/months] I have worked [X] hours of overtime (list attached). Under § 17 (7) BBiG, these hours must be compensated either by remuneration or by time off. I opt for [time off in lieu / payment]. I kindly ask for written confirmation of the compensation. Kind regards [Your name]

What the law says

What you can do

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