"Overtime is covered by the salary" – is that valid?

Likely invalid

Likely invalid — such a clause does not bind you.

A blanket clause that all overtime is covered by salary is intransparent and therefore void under § 307 (1) sentence 2 BGB — the employee cannot tell how much unpaid extra work is expected. A clear hour cap (e.g. 'up to 10 overtime hours per month included') is required. Without it, the employee can claim additional pay for overtime actually worked.

What you can do next

Halten Sie Ihre tatsächlichen Überstunden schriftlich fest. Sie können Vergütung für die geleistete Mehrarbeit nachfordern, da die pauschale Abgeltungsklausel unwirksam ist.

The law behind it

Check your own clause — free

Paste the clause from your contract. You get the verdict for your wording in a few seconds.

The check compares your clause with patterns verified by lawyers and the current statute text. It is general information, not legal advice for your individual case.

Check the whole contract

Free risk preview, full report €6,90 — every problem clause with the law behind it and what to do.

Check the whole contract

Related questions

General information based on German law and court decisions, checked by lawyers — not legal advice for your individual case.