Herewith we start with a question series that HR managers give us and that Jurilo answered for you in a time- and cost-saving manner.
When will Jurilo also help you?
Question
"Must overtime be paid out despite release from work?"
Jurilo Answer
In principle, the following applies regarding the compensation of overtime during release from work:
1. The compensation of overtime through time off requires the employee's consent. This consent can either already arise from the employment contract (or personnel regulations declared as an integral part thereof) itself, if it was agreed that overtime is compensated with time off and the employer can order the compensation, or from a release agreement in which the compensation of overtime is agreed.
2. Without the employee's consent or without a corresponding agreement, overtime cannot simply be considered as compensated during release from work. This also applies when the employer unilaterally orders it. In this case, the overtime must in principle be paid out.
3. In the case of very long release from work, however, the employee's refusal of compensation may be an abuse of rights.
This is a Validated Answer - by Streiff von Kaenel
