Before going to court, two things need clarifying: whether the claim still exists under the deadlines in your contract, and whether the records suffice to set out the hours day by day. Both belong before the deadline expires, not after — an exclusion period is not reinstated. A phone consultation such as KLUGO↗ makes sense of the forfeiture clause and shows what the written claim needs to contain. Note the peculiarity of the labour court: in first-instance judgment proceedings the winning party is not reimbursed for lawyer costs, so the cost question is calculated in advance.
Demand payment and decide about court
The path is short: a written claim with figures, then the labour court if refused. Its peculiarity: in the first instance each side pays for its own lawyer.
✓ Verified: 11/08/2026
WHAT TO DO
› Details and tips
👨🏻💻
Max recommends:
Calculate the value of the claim together with costs: for small amounts, written pressure and the works council make more sense than proceedings where the lawyer is not reimbursed.
👩🏼💼
Lea recommends:
A claim with a day-by-day table reads very differently from a letter saying I am owed overtime. The first often gets paid without court; the second gets ignored.
Useful Tools
- BMAS — Bundesministerium für Arbeit und Soziales legal-info
Federal Ministry of Labour: official guidance on employment law, leave and working time.
FREQUENTLY ASKED QUESTIONS
How does enforcement start? ▾
With a written claim to the employer stating the period, the hours per day and the amount. It also observes the exclusion period where the contract or collective agreement sets one.
What does the labour court cost? ▾
The peculiarity: in first-instance judgment proceedings the successful party has no claim to reimbursement of the costs of a legal representative. Even winning, you pay your own lawyer — that belongs in the calculation.
Do you need a lawyer? ▾
Representation is not required in the first instance. But the dispute turns on setting out hours day by day and on interpreting contract clauses, so an assessment usually pays for itself before the claim is even filed.
What happens at the first hearing? ▾
Proceedings begin with a conciliation hearing at which the court attempts a settlement. A substantial share of overtime cases end there with agreement on an amount.
How can the works council help? ▾
It is involved in company working time and can review the time records. It does not run your individual claim, but pressure on the systemic problem often resolves the individual case as well.