Common use of Extra Hours Clause in Contracts

Extra Hours. (1) The staff member shall be obliged to work extra hours (overtime) ordered by the University unless this would be in conflict with interests of the staff members that are worth taking into account. Part-time staff may only be asked to work extra hours of up to 10% of the working time agreed pursuant to Article 34(2), save for extraordinary cases (Section 20 AZG) or unless agreed otherwise. Such a deviating agreement shall only be effective if the staff member was provably granted an opportunity to ask the Works Council for advice in this respect prior to conclusion of the agreement. (2) Extra hours means hours worked in addition to the contractually agreed working time which do not exceed the normal working time regulated in Article 34 or a fixed daily working time. Overtime means that the normal working time regulated in Article 34 or a fixed daily working time is exceeded. In the case of flexible working hours only those hours which exceed the daily target working time (Section 4b para 3 item 4 AZG) shall be deemed overtime. If overtime is ordered only after the end of the target working time, only the hours worked in addition to the work already accomplished shall be deemed overtime. (3) Only in extraordinary cases may staff members work overtime without express instruction. The staff member shall be obliged to report such overtime to his direct superior in writing without delay. The report shall state the reasons why overtime was necessary and the reasons why it was not possible to obtain prior approval of the overtime work. The need for overtime work must be confirmed by the direct superior within three working days. (4) The staff member shall be obliged to record the extra hours or overtime work according to the University's instructions. If overtime is ordered which exceeds the amount covered by the lump-sum payment for overtime, the staff member shall draw the attention of the superior who ordered the overtime to that fact. (5) When overtime is ordered it has to be taken into account that the staff member will be able to observe the statutory rest period between the end of the daily working time and before s/he commences work on the next day.