Legal Situation for Underage Apprentices
According to the Youth Employment Protection Act (JArbSchG), underage apprentices are generally not allowed to work overtime. The daily working time must not exceed eight hours, although in exceptional cases it can be extended to 8.5 hours if shorter working hours are arranged on other days of the week. Exceeding the weekly working time of 40 hours is not permitted.
Overtime for Adult Apprentices
Adult apprentices are allowed to work overtime if it is operationally necessary and does not excessively impair their health. In this case, the Working Hours Act applies, which stipulates a maximum working time of eight hours per day or 48 hours per week. An exception is emergencies, where an extension to up to ten hours daily is permitted, provided that the average working time does not exceed eight hours over six months.
Compensation for Overtime
Overtime must be compensated either through time off in lieu or additional remuneration. It is inadmissible for overtime to be compensated within the framework of the regular vocational training remuneration (Ausbildungsvergütung) without additional compensation. The regulations regarding this should be clearly defined in the apprenticeship contract. Apprentices have the right to insist on accurate documentation of their overtime hours.
Right to Refuse Overtime
Apprentices may refuse overtime if it is unreasonable or does not comply with legal regulations. Especially underage apprentices can refer to youth employment protection. For adult trainees, it also applies that overtime cannot be imposed against the apprentice’s will unless it is contractually agreed or exceeds maximum working hours.
Contractual Agreements
Overtime regulations must be clearly defined in the apprenticeship contract. The contract specifies under what conditions overtime can be ordered and how it will be compensated. If the contract does not contain specific regulations, the legal provisions from the Youth Employment Protection Act or the Working Hours Act apply.
Protective Mechanisms for Overtime
Both underage and adult apprentices are protected by legal mechanisms against excessive strain from overtime. Underage apprentices are generally not allowed to work extra hours, and there are clear legal limits for adult apprentices as well. Violations of these regulations can result in legal consequences for the training company.