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Overtime guide · Germany

How overtime works in Germany

A plain-English walk through what a payroll admin actually needs for Germany — and it is not a table of premium rates. German federal law caps working time but sets no statutory overtime pay premium at all: the Arbeitszeitgesetz fixes the limits, and any premium comes from a collective agreement or the individual contract. Here is the framework, the surprise, how premiums really get set, and a worked example.

Last reviewed General information, not legal advice

The framework

The ArbZG working-time framework

In Germany, the federal statute governing working time is the Arbeitszeitgesetz(the “ArbZG”, Working Time Act). It is essential to understand what it does and does not regulate: the ArbZG sets limits on how long people may work — daily caps, rest periods, and days off — to protect health and safety. It says nothing about a premium rate for the hours worked within or beyond those limits.

The core limits every German employer must respect:

RuleLimitSet by
Maximum working hours — day8 hours, extendable to 10 hours§ 3 ArbZG
Averaging condition for the 10-hour dayAverage must stay at or under 8 hours per working day across six calendar months (or 24 weeks)§ 3 ArbZG
Minimum daily rest11 hours uninterrupted, after the working day ends§ 5 ArbZG
Sunday & public-holiday workProhibited from 0:00 to 24:00 (with sector exceptions)§ 9 ArbZG
The 10-hour day is only lawful if the extra hours are balanced out so the average stays at or under 8 hours per working day over six calendar months or 24 weeks. The Sunday and public-holiday prohibition (§ 9) has statutory exceptions for whole sectors — hospitals, hospitality, transport and similar (§ 10) — and shift-timing adjustments; where those apply, a substitute rest day must be given.

The thing everyone gets wrong

The surprise: there is no statutory overtime premium

If you are arriving from a country with a national overtime multiplier, this is the single most important sentence in this guide: German federal law mandates no statutory overtime premium at all. There is no legal “time-and-a-half”, no statutory 25% or 50% loading for working late or long. The ArbZG limits how much you may work; it does not set a higher rate for the hours you do work.

Overtime pay in Germany — the Mehrarbeitszuschlag — exists only where a collective agreement (Tarifvertrag), works agreement, or an individual employment contract creates it. That means the premium, if any, is a matter of what your people signed, not what the statute book says. Two employers in the same city, same industry, can lawfully pay very different overtime — or none.

Where the numbers come from

How premiums actually get set

Because there is no statutory floor for a premium, the numbers come from the contractual layer. In practice a German overtime premium is set by one of:

SourceWhat it setsNature
Collective agreement (Tarifvertrag)Industry- or company-wide terms negotiated with a union — often a Mehrarbeitszuschlag such as +25% for hours beyond the agreed week, and higher loadings for night or Sunday work.Conventional, not statutory
Works agreement (Betriebsvereinbarung)Plant-level terms agreed with the works council, within any governing collective agreement.Conventional, not statutory
Individual employment contractWhatever the parties agree — which may be a premium, time off in lieu, or overtime treated as already covered by salary.Contractual, not statutory
Any percentage you see quoted for German overtime — 25%, 50% — is a conventional or contractual figure, never a statutory one. Always confirm the actual premium against the applicable Tarifvertrag or contract.

There is one genuine statutory floor in play, but it is a floor on the base wage, not on the premium: the statutory minimum wage (Mindestlohn, set under the MiLoG). Overtime arrangements cannot push effective pay below it. The Mindestlohn rises on a published schedule set by the Mindestlohnkommission, so cite the schedule rather than a single figure that goes stale:

FromStatutory minimum wage (per hour)
1 January 2025€12.82
1 January 2026€13.90
1 January 2027€14.60
Statutory minimum wage schedule per the Mindestlohnkommission's recommendation of 27 June 2025 (implemented by the Fifth Minimum Wage Adjustment Ordinance, MiLoV5). The Commission reviews the rate every two years, so confirm the current figure before relying on it.

Putting it together

A worked example: one heavy week

Because there is no statutory premium to tabulate, this worked example works differently: the real constraints are the ArbZG time limits, and any pay premium is whatever this employee's contract happens to say. Take a week where someone works long days on a contract that sets a conventional 25% Mehrarbeitszuschlag for hours beyond an agreed 40-hour week. The 25% here is illustrative and contractual — not a statutory rate.

DayHours workedArbZG check (§ 3, § 5)
Mon10.0 (07:00–18:00, 1h break)At the 10-hour daily cap; ok
Tue10.0 (07:00–18:00, 1h break)At the 10-hour daily cap; 11h rest before/after ok
Wed9.0Under the cap; ok
Thu10.0At the 10-hour daily cap; ok
Fri8.0At the baseline; ok
No day exceeds the 10-hour ceiling and each is followed by at least 11 hours of rest, so the week is lawful on its face. But because four days hit 10 hours, those extra hours must be balanced by shorter days elsewhere so the average stays at or under 8 hours per working day across the six-month / 24-week window — that averaging test, not a pay rate, is the real legal constraint.

The week totals 47 hours. On this employee's contract, 40 hours are ordinary and the 7 hours beyond 40 attract the conventional 25% Mehrarbeitszuschlag. Nothing in the statute produced that 25% — the contract did:

BucketHoursPay treatment (illustrative contract)
Ordinary40.0Base hourly rate (at or above the Mindestlohn)
Contractual overtime7.0Base + 25% (conventional, not statutory)
Total 47 hours. The +25% is this contract's figure; a different Tarifvertrag or contract could set a different premium, time off in lieu, or none at all. The statutory constraints that always hold are the ArbZG time limits above and the Mindestlohn floor on the base rate.

From rules to pay

How In A Tick handles Germany today

Because German overtime premiums are contractual rather than statutory, In A Tick does not ship a fixed German rate set the way it does for jurisdictions that have one. Instead you configure your own premiums — the Mehrarbeitszuschlag from your Tarifvertrag or contracts — as custom region rules, and the overtime calculation engine buckets and stacks them deterministically. The same timesheet always produces the same result: pay is never left to guesswork or to AI.

What In A Tick enforces regardless of what your premiums are: accurate capture of the hours actually worked from real clock times, a complete audit trail of how every figure was reached, and a deterministic, payroll-ready calculation you can hand to whoever runs pay. Those matter even where the law sets no premium floor — the numbers still have to be right, and defensible. We expect to help teams track the ArbZG working-time limits themselves down the line.

References

Sources

Every figure in this guide is drawn from official German government sources, listed below. Rates and thresholds are current as at the last-reviewed date.

  1. Arbeitszeitgesetz [ArbZG] [Working Time Act], §§ 3, 5, 9 (1994). Bundesamt für Justiz. https://www.gesetze-im-internet.de/arbzg/
  2. Mindestlohngesetz [MiLoG] [Minimum Wage Act], § 1 (2014). Bundesamt für Justiz. https://www.gesetze-im-internet.de/milog/
  3. Bundesministerium für Arbeit und Soziales. (n.d.). Einführung und Anpassungen des Mindestlohns [Introduction and adjustments of the minimum wage]. https://www.bmas.de/DE/Arbeit/Arbeitsrecht/Mindestlohn/Einfuehrung-und-Anpassungen-Mindestlohn/einfuehrung-und-anpassung-mindestlohn.html
  4. Bundesministerium für Arbeit und Soziales. (2025, June 27). Mindestlohn steigt zum 1. Januar 2026 auf 13,90 Euro [Minimum wage rises to 13.90 euros on 1 January 2026]. https://www.bmas.de/DE/Service/Presse/Pressemitteilungen/2025/mindestlohn-steigt-zum-ersten-januar-2026.html
  5. Mindestlohnkommission. (n.d.). Höhe und Anpassung des Mindestlohns [Level and adjustment of the minimum wage]. https://www.mindestlohn-kommission.de/de/Gesetzlicher-Mindestlohn/Hoehe-und-Anpassung-des-Mindestlohns/hoehe-und-anpassung-des-mindestlohns_node
  6. Bundesministerium für Arbeit und Soziales. (n.d.). Fünfte Mindestlohnanpassungsverordnung (MiLoV5) [Fifth Minimum Wage Adjustment Ordinance]. https://www.bmas.de/DE/Service/Gesetze-und-Gesetzesvorhaben/fuenfte-mindestlohnanpassungsverordnung-milov5.html