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Overtime Ausbildung Germany Rules: Limits, Pay, and Your Rights

2025-05-20

Learn the exact overtime rules for Ausbildung trainees in Germany — legal hour limits, compensation rights, and what to do if your employer pushes too far.

Starting your Ausbildung in Germany is exciting, but when your trainer asks you to stay late for the third time this week, you need to know exactly where the legal line is. Overtime rules in Germany are strict, especially for trainees, and the law treats minors and adults very differently. Understanding the overtime Ausbildung Germany rules before a conflict arises could save your training contract — and your sanity.

The Legal Foundation: Which Laws Apply to You

Germany does not have a single "overtime law." Instead, several laws stack on top of each other depending on your age and your specific training agreement.

The Vocational Training Act (BBiG)

The Berufsbildungsgesetz (BBiG) is the backbone of every Ausbildung. Section 17 BBiG says your employer must pay you fairly, and Section 19 says you must be paid even if work is not available — but it also implies you must not be exploited. Critically, §17 BBiG gives trainees the right to receive their training allowance regardless of hours, but extra hours must be compensated separately.

The Working Hours Act (ArbZG) — For Adults 18+

If you are 18 or older, the Arbeitszeitgesetz (ArbZG) governs your hours:

• Maximum 8 hours per working day, extendable to 10 hours if the average over 6 calendar months stays at or below 8 hours/day
• Maximum 48 hours per week (averaged over 6 months)
• Mandatory rest break of 30 minutes if you work 6–9 hours, 45 minutes if you work more than 9 hours
• Minimum 11 consecutive hours of rest between shifts

So if your Ausbildung contract says 40 hours/week and your employer asks for 45, those extra 5 hours are overtime — and they must be compensated.

The Youth Labour Protection Act (JArbSchG) — For Minors Under 18

If you are under 18 when your Ausbildung starts, the Jugendarbeitsschutzgesetz (JArbSchG) applies, and the rules are significantly stricter:

• Maximum 8 hours per day
• Maximum 40 hours per week — no exceptions, no averaging
• Work is only allowed between 6:00 AM and 8:00 PM (with limited sector exceptions)
• No work on Saturdays, Sundays, or public holidays in most sectors
• Mandatory break of 30 minutes after 4.5 hours of work, 60 minutes after 6 hours

The JArbSchG limits are absolute. An employer cannot legally ask a minor to exceed them, even with the trainee's agreement in writing.

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What Counts as Overtime in Ausbildung?

This is where many trainees get confused. Overtime is any working time beyond what your training contract specifies, not just beyond the legal maximum.

Example: Your contract says 37.5 hours/week. Your employer schedules you for 42 hours. The extra 4.5 hours are overtime — even though the legal maximum for adults is 48 hours. Your contract is the ceiling that matters first.

Overtime also includes:

• Staying late to finish a customer order
• Coming in early before your official shift
• Working through your lunch break (if your break was supposed to be 30+ minutes)
• Attending mandatory after-hours training sessions not listed in your contract

One grey area: Berufsschule hours. School days count as working time. If you attend Berufsschule for 8 hours, your employer cannot also require you to work a full shift at the company on the same day.

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How Overtime Must Be Compensated

German law and your training contract determine how overtime is paid. There are two standard compensation methods:

1. Time Off in Lieu (Freizeitausgleich)

The most common method in Ausbildung. Every extra hour worked must be offset by an equivalent hour of paid free time. This must happen within the same month or shortly after — not months later when it is convenient for the employer.

Example: You work 3 extra hours on a Friday. Your employer should give you 3 hours of paid leave the following week, with your allowance unchanged.

2. Extra Pay (Überstundenzuschlag)

Some training contracts, especially in sectors covered by collective agreements (Tarifverträge), require a surcharge on overtime hours — often 25–50% extra on top of your hourly rate.

Example: Your monthly training allowance is €800 for a 40-hour week. Your hourly rate is approximately €4.61. If your Tarifvertrag requires a 25% surcharge, each overtime hour earns you roughly €5.76 instead.

Check your training contract and ask your vocational school teacher or the Industrie- und Handelskammer (IHK) or Handwerkskammer (HWK) which Tarifvertrag applies to your sector.

What If Your Contract Is Silent on Overtime?

If neither your contract nor a Tarifvertrag mentions overtime compensation, German courts have consistently ruled that extra hours must still be compensated — either with time off or additional pay. "Unpaid overtime is simply expected" is not a legal position in Germany.

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Overtime in Specific Sectors

Some industries have extra rules you should know about:

• Retail (Handel): Often governed by state-level Tarifverträge. Overtime pay surcharges of 25–30% are common after the contracted hours.
• Hospitality (Gastronomie): High risk of illegal overtime. The DEHOGA Tarifvertrag applies in many states. Trainees in restaurants are frequently asked to overstay shifts — document everything.
• Healthcare (Pflege/Medizin): Shift work is normal, but the ArbZG rest periods still apply. Night shifts count toward your weekly maximum.
• Craft trades (Handwerk): The HWK Tarifvertrag in your state governs compensation. Many craft apprentices work Saturdays; these must be compensated with a weekday off.

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What People Get Wrong About Overtime Ausbildung Germany Rules

Here are the most common mistakes trainees make:

• "My employer said I have to sign a form agreeing to unpaid overtime." A signature on a document waiving statutory rights is legally void in Germany. You cannot contract away rights granted by law.
• "I'm just an Azubi, so I can't say no." You have the same right to refuse illegal overtime as any employee. Your training relationship is not servitude.
• "Overtime on Berufsschule days is fine because I was at school, not at work." Wrong. School hours count. Requiring full company hours on a school day likely violates the ArbZG or JArbSchG.
• "My probation period means different rules." The Probezeit in Ausbildung (usually 1–4 months) does not suspend your hour limits or overtime rights.
• "I should just stay quiet or I'll lose my Ausbildungsplatz." In reality, documented illegal overtime reported to the Gewerbeaufsichtsamt (trade supervisory office) rarely leads to contract termination — and if it does, you have strong legal grounds to challenge it.
• Minors confusing 40-hour and 48-hour limits. Adults can average up to 48 hours/week. Minors are capped at 40 hours with no exceptions. Know which category applies to you.

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What to Do If You Are Being Pressured Into Illegal Overtime

If your employer is consistently demanding extra hours without compensation, here is a practical step-by-step approach:

1. Document everything. Keep a personal log (Stundennachweis) of your actual start time, end time, and breaks every single day. Use a free app like Clockify or even a notes file on your phone.
2. Review your training contract. Locate the clause on working hours and check whether a Tarifvertrag is mentioned.
3. Talk to your Ausbildungsbeauftragter. This is the official trainer responsible for your development. A direct, calm conversation often resolves misunderstandings.
4. Contact your Berufsschule. Your vocational school teacher (Berufsschullehrer) can advise you informally.
5. Reach out to the IHK or HWK. Both chambers have free advisory services for trainees. The IHK Berlin hotline, for example, is reachable at +49 30 31510-0.
6. Contact the Gewerbeaufsichtsamt. Each German state has a trade supervisory office that can inspect companies for labour law violations. Complaints can often be made anonymously.
7. Seek union support. If your sector has a union (e.g., IG Metall, ver.di, NGG), student membership is often free or very cheap — around €5–10/month — and they provide free legal advice.

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Conclusion

Germany has some of the clearest labour protections for trainees in Europe, but they only work if you know them and use them. Whether you are 17 years old under the strict JArbSchG rules or an adult Azubi protected by the ArbZG, your contracted hours are your legal ceiling, and every hour beyond that must be compensated — in time or in money. Staying informed is the single best protection you have.

If you are still planning your move to Germany and want to understand what kind of Ausbildung contract to look for, or how to write a compelling Anschreiben that attracts fair employers, Book a consultation with our specialist and get expert help with your application. Starting right means fewer problems later.