Overtime dispute ends: employees receive 8,000 euros back!
Overtime dispute ends: employees receive 8,000 euros back!
Arbeiterkammer, Österreich - A marketing employee successfully sued the payment of 268 overtime and receives 8,000 euros. This reports 5min . The employer refused to compensate for overtime, even though they were properly recorded. In order to enforce his claims, the employee turned to the Chamber of Labor (AK), which supported him. After checking the case, the AK found that the employer was obliged to pay overtime. The employee then initiated legal steps with the help of the AK and finally received the amount entitled.
The decision is not only important for the employee concerned, but also throws a light on the regulations around overtime in the world of work. Overtime that go beyond the contractually defined working hours are the order of the day in many companies, which often leads to legal uncertainties. According to Kanzlei Herfurtner overtime is generally allowed, but must correspond to the legal provisions.
legal framework conditions
The legal basis for overtime can be found in the Working Hours Act (ArbZG). Here it is stipulated that the daily working time may not be exceeded for 8 hours, but it can be increased to up to 10 hours in exceptional cases (§ 3 ArbZG). Employees are also entitled to breaks of rest and a day -free day per week (§ 4 and § 5 ArbZG).
workers are obliged to work overtime in justified cases. However, you are entitled to remuneration or leisure compensation, as can be determined in the employment contract or by collective agreements. Flat -rate compounds are often legally vulnerable, as the latest judgments prove. The important knowledge here is that overtime only has to be remunerated if they were also ordered by the employer, or if this knowledge of the overtime worked.
The role of employee representatives
works councils and unions play a crucial role in regulating overtime. You have co -determination rights in working hours and negotiate collective agreements that contain specific regulations on overtime. These representations are essential to protect the rights of employees in relation to overtime.
In the case of the marketing employee, it can be seen how important it is that employees know their claims and, in case of doubt, take legal action. The support from the Chamber of Labor can be crucial in order to come to a fair solution. Employers must be aware of the legal framework in order to avoid lengthy and costly disputes.
In summary, the topic of overtime is complex and requires well -founded knowledge of their rights and obligations from both employers and employees. It is advisable to provide comprehensive information about the current legal regulations and possible contractual agreements.
Details | |
---|---|
Ort | Arbeiterkammer, Österreich |
Quellen |