Dear Trust7 Members,

I have a question regarding Overtime regulations in germany.
With my present employer i have some X number of hours as overtime. I have already given my kündigung to my employer and I will be releived by the end of Jan as per the contract. Now my new employer is urging me to start early i.e. by the mid of Jan. I am planning to talk to my present employer reg this and change my leaving date as the mid of jan. If they say it is fine is it possible for me to get the overtime paid and get the salary from the new employer for the next 15 days. i.e.

first half of the month - salary from present employer + over time
second half of the month - salary from the new employer.

What are all the complication involved in it.
Is this allowed according to german system?.

Instead of changing the date of leaving the company, take the overtime as holidays and join the new company. You are also entitled to holidays in Jan which would be (No of Vacation Days in the Year / 12)

Hi raj,

Thanks for your reply. If i take the over time as holidays till end of jan and if i start from the mid of jan in the new company then I have to provide Sechs karte (lohnsteuer Karte) new employer. Einskarte will be with the present employer.

Am I right?. Sechs karte will have a high tax. Will this give advantage to me?

The X number of hours I am talking about is 120.

Yes, you can do that. Everything will evenout when you do the tax declaration in 2012.

Thanks Raj,

The answer you gave is one way.
Could you advice me wht happens if i get paid for the overtime and revise the leaving date with my current employer?.

is there a way to calculate the overtime money which i get.

karthik.

Ofcourse you can ask the present company if they can change the release date. The amount of money for overtime depends on your company and you should ask them. You have to pay tax on the overtime amount and there is no calculator seperately for that. Your company should withhold the tax and pay you the rest.

Normally overtime is regulated in your work contract, a typical rule being that the yearly bonus covers all extra hours. If its not covered in the contract then it may be covered by a Tarifvertrag, which may force the overtime to be taken as Holiday. If no rules are defined, then the hours are divided by 8 (working days) and calculated based on your salary.

So you would have to check your contract and betriebsvereinbarungen to see if its covered already.

More info:
http://www.aachen.ihk.de/de/recht_steuern/download/kh_192.htm

Cheers,
-a