Overtime as a primary school principal: what the ruling now means for all teachers

Published on: February 27.2025Categories: Working world, LegalReading time: 2 min.
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Kilian Floß writes blog articles on legal and current topics for the Love & Law Blog.

When teachers work beyond their regular working hours, it often leads to misunderstandings - and above all to unpaid overtime. However, a recent ruling by the Higher Administrative Court of Lower Saxony (OVG) shows that not all unpaid overtime is acceptable. A retired primary school principal from Hanover has now been awarded 31,435.59 euros in compensation for his overtime. The ruling has far-reaching consequences for teachers and school administrators. Why? Because it raises the question of whether the overtime regulations for teachers are really fair.

What the court ruled: A clear announcement for overtime

The OVG in Lüneburg awarded a retired primary school principal compensation for his overtime. The man had regularly worked more than the contractually stipulated working hours between 2017 and 2022 and claimed financial compensation for a total of 8.42 hours of overtime per week. The court confirmed that the principal had sufficiently documented the hours. It was acknowledged that head teachers not only have to organize lessons, but also take on numerous other tasks that are not covered by the civil service regulations. Compensation for overtime is therefore a step in the right direction.

Why there is no simple solution for teachers

The case clearly shows one thing: teachers often work far more than the official working hours of 40 hours per week. However, the problem lies in the difficulty of proving these overtime hours. The court ruled in favor of the plaintiff because he had documented the hours. However, one problem remains: many teachers have no way of officially recording their overtime. Even though studies show that head teachers and teachers regularly work more, the additional work is often not recognized. What is missing is a clear legal regulation on recording working hours for teachers.

The ruling could be the beginning of change

The German Teachers' Association for Education (VBE) welcomed the ruling and called for a legal regulation that recognizes and regulates teachers' overtime. This is because a clear regulation on recording working hours could prevent teachers from continuing to work in a legal gray area. In a profession that is already associated with enormous demands and a great deal of responsibility, it is unacceptable for teachers to continue not to be properly remunerated for overtime.nullThe ruling by the OVG Lüneburg may be a success for the primary school principal concerned - but the real question remains: How many teachers work under similar conditions and are not heard? The law must finally be adapted to the reality of the teaching profession. It is long overdue for overtime for teachers to receive the same attention as in other professions. And perhaps a look should also be taken at the responsibility of school management and ministries: Are teachers' workloads really being distributed fairly? There is still a considerable need for reform here.

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