Working hours
"You're working overtime today!"
Your boss demands that you stay longer than your training contract states.
§ 8 JArbSchG / § 3 ArbZG
It depends …
Only within narrow limits — and never for free!
For trainees who are minors the limit is strict: at most 8 hours a day and 40 hours a week (§ 8 JArbSchG). Overtime beyond that is practically ruled out. For trainees of legal age the Working Hours Act applies: 8 hours a day, up to 10 hours only if it averages out to 8 hours over 6 months (§ 3 ArbZG). Whether you have to stay longer at all depends on your training contract and any collective agreement. In every case, each minute beyond the agreed training time must be specially paid or compensated with time off (§ 17 (7) BBiG).
What the law says
§ 8 JArbSchG – Duration of working hours
Young people may not be employed for more than 8 hours per day and no more than 40 hours per week.
§ 3 ArbZG – Working hours of employees
An employee's daily working time may not exceed 8 hours. It can be extended to up to 10 hours only if it is balanced out to an average of 8 hours within 6 months.
§ 17 (7) BBiG – Additional hours
Employment beyond the agreed regular daily training time must be specially remunerated or compensated with corresponding time off.
What you can do
- Record every overtime hour in writing with date, time and reason.
- Politely point out the legal rule to your trainer.
- If overtime is demanded regularly: contact the IHK/HWK (chamber) or your union.
- Overtime must be either paid or compensated with time off — never "for free".
Email template for your trainer
Subject: Query regarding working hours / overtime
Dear [name of trainer],
I would like to speak with you regarding the overtime I have recently worked.
According to my training contract, my regular working time is [X hours/week]. Last week, however, I worked a total of [Y hours], which exceeds the agreed time.
Under § 17 (7) BBiG, employment beyond the agreed training time must be specially remunerated or compensated with corresponding time off. [For trainees who are minors, § 8 JArbSchG also applies, setting a maximum working time of 8 hours per day and 40 hours per week.]
I therefore kindly ask you to clarify how the overtime worked will be balanced out. I am happy to discuss this in person.
Kind regards
[Your name]
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