Overtime premiums form part of the conditions of employment within the meaning of Article 5 (1) of the Posted Workers' Act (Arbeitnehmer-Entsendegesetz – AEntG)

The amount of overtime pay is determined by the relevant collective agreement.

To establish whether an hour of worked overtime should be reckoned as an hour of overtime subject to extra pay, it must be determined whether the relevant working time applicable for the employment in question has been exceeded.

In doing so it should be noted that only the maximum working time permitted under health and safety legislation constitutes a condition of employment within the meaning of the Posted Workers Act (AEntG), not though the actual working hours as are relevant here.

In the case of posted workers, whether an hour of overtime is subject to mandatory overtime pay is generally determined subject to the collective agreements or individual working time agreements that apply to the employment under an employee's home-country legislation, not according to the overtime rules laid down in German collective agreements.