What is the difference between overtime and overtime? – Lichtenstein
VADUZ – In the course of the employment relationship, it can happen that an employee extends the planned working hours. Depending on the situation, overtime or even overtime may be worked.
Overtime is to be understood within the framework of the Labor Code, and refers to the situation, admission, when the statutory maximum weekly working time is exceeded. Depending on the industry and age, the maximum weekly working time is 45 to 48 hours per week. In exceptional cases, the maximum weekly working time can be deviated from if this is justified by objective reasons.
On the other hand, there is overtime, whereby reference is made to exceeding the agreed working hours. The contractual working hours can be regulated in an individual, standard or collective employment contract. Overtime is based on the employee’s duty of loyalty to the employer and leads to a temporal extension of the work obligation. Overtime must be necessary and reasonable and must not exceed the physical and mental capabilities of the employee. In addition, the protective regulations of the labor law apply and, for example, working and rest times must be observed. Accordingly, the maximum weekly working time should not be exceeded.
When it comes to overtime, employers and employees are within the limits of labor law and can therefore not be waived, but overtime can be. In practice, for example, it is stated in the employment contract that overtime is included in the agreed basic wage. If there is no contractual arrangement, it must be checked on a case-by-case basis whether a claim for compensation exists. If overtime is ordered, or if overtime is to be regarded as objectively necessary, even if it was not ordered, then this must always be compensated.
Overtime work must be compensated by time off of at least the same duration within a reasonable period of time, but an employee must give his or her consent. has an employee entitlement to the normal wage plus a supplement of at least 25%. Overtime work can also, with the consent of the employee, be compensated within a reasonable period of time with time off, or plus a surcharge of 25% on the wage (however, a distinction must also be made between sectors and may only apply from 60 hours per calendar year Find). Unlike overtime, this wage regulation is mandatory.
In the various constellations, it is also important to note whether the employee is in a managerial position or not, since other regulations may apply to them.
In practice, the individual case must be subjected to an examination, as there may be different claims depending on the industry, position in the company and certain criteria for assessing the obligation to perform overtime. The form of the employment contract should also be considered, particularly with regard to overtime regulations.
FURTHER INFORMATION
Lawyer Mag. iur. Fabienne Seppi
(approved in Liechtenstein and Austria)
NÄGELE Rechtsanwälte GmbH
dr Grass Strasse 12, 9490 Vaduz, Liechtenstein
Phone +423 237 60 70
Fax +423 237 60 71