Is Overtime Pay Required in Germany?
There is no statutory overtime rate in Germany. Here is what the law actually says, and what does apply instead.
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- Last reviewed September 2026
What applies instead
- Overtime starts after 8 hours a day.
- Limit: 8 hours a day, extendable to 10 if the average holds over six months.
- Set by Arbeitszeitgesetz 1994 §§ 3, 6(5), 9, 11(3).
Worth knowing
The Act governs hours, not pay. Its only pay provision is § 6(5) on night work, which requires an appropriate supplement or paid days off and names no percentage. The Federal Labour Court has said 25% is neither a floor nor a ceiling. Sunday and holiday work are compensated with replacement rest days.
Questions people ask
- Why is there no calculator on this page?
- Because there is nothing statutory to calculate. Germany sets no overtime rate in law, so any figure a calculator produced would be invented. The rate that applies to you is in your contract, your staff handbook or a collective agreement, and that is the number to use.
- What should I check instead?
- The document that creates the right: your contract or the collective agreement. Read what it says overtime is paid at, whether there is a threshold before it starts, and whether it can be taken as time off instead. If it says nothing, overtime is paid at your ordinary rate unless you negotiate otherwise.
- Do the premiums stack on top of each other?
- It depends on the country, and this is where people go wrong. The Philippines multiplies them, so overtime on a public holiday is 260%, not 225%. Colombia says expressly that surcharges apply on their own and never accumulate. Read the note for your country.
- Can my employer make me work overtime?
- Usually only within the limits shown above, and in some countries only with your written consent. The caps are legal limits on hours, not targets. Exceeding them is a breach even where the extra hours are paid correctly.
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