Secret listing of overtime

Employees sometimes list overtime for which they then request payment. This often happens when employees leave a company.
In principle, the employee has a duty of disclosure, i.e. he or she must inform the employer of the overtime, otherwise the person loses the right to compensation.
However, if the employer was aware of the overtime, he or she is obliged to pay compensation. Being aware also means that electronic calendar entries or reports indicate that the employer knew about the overtime. Similarly, the recording of working hours, which also applies to management staff, is decisive as to why overtime can no longer be denied.
The right to overtime can be regulated by contract. It can be agreed that there is no entitlement to overtime. For office employees, the first 60 hours of overtime can be completely waived by contract. In addition to including the clause in the employment contract, it is also possible to regulate it in a special regulation, provided that this is considered part of the employment contract. A purely oral agreement to waive overtime compensation is not binding.