What is an all-in contract?
An all-in contract is an agreement between the employer and the employee on total remuneration, which also includes a flat-rate compensation for overtime. An agreed amount of overtime is already included in the total remuneration of an all-in contract and is therefore already compensated.
Let's assume your regular monthly salary is 3,000 euros gross for a 40-hour work-week. Your all-in contract could stipulate that this salary not only covers your 40 hours per week, but also overtime up to a certain limit. For example, an additional 10 hours could be covered. This means that you will still receive the 3,000 euros, even if you work up to 50 hours per week. The exact number of overtime hours included can vary from contract to contract.
What happens if I work more overtime than agreed in the all-in contract?
All-in contracts also have a maximum workload. This means that overtime cannot go on indefinitely. Once a year, the total number of overtime hours you have worked over the year is checked by your employer (cover check). Any overtime worked that is not included in the all-in contract must be paid out. Therefore, it is important that you document your working hours, despite an all-in agreement. Incidentally, this is also mandatory under labor law.
To come back to our example: Your all-in contract covers 10 hours of overtime per month. However, if you work more than these 10 hours over a longer period of time (usually a year), this is considered additional overtime that must be compensated separately, either at a higher flat rate or calculated individually according to working hours.
What happens if I do not work any overtime or less than agreed in the all-In contract?
If you work less or no overtime, this is generally not a problem. Your salary may not be reduced as a result. The total salary must therefore be paid regardless of the actual number of overtime hours worked.
Suppose you only work 5 hours of overtime in a given month. According to your contract, you should have been paid for these additional 5 hours of overtime. As you have worked less than agreed, your salary will not be reduced. You will continue to receive the total remuneration specified in your all-In contract, regardless of whether you have reached the maximum overtime or not.
Does my all-in contract meet the legal standards?
Transparent agreements are essential in an all-in contract: the remuneration for regular working hours and the extent of payment for overtime must be clearly defined. In addition, the overpayment for the included overtime must not be less than an individual compensation of the overtime actually worked.
The agreed total remuneration must not be less than the minimum salary threshold stipulated in the collective agreement and the total agreed all-in remuneration must be paid 14 times a year (Christmas and vacation bonus).
How can I negotiate a fair all-in contract?
The high total remuneration often only seems attractive at first glance. You should always check the salary offered in the all-in contract carefully. How high is the salary for normal working hours (excluding overtime)? Is the offer still attractive? If not, it may be worth renegotiating with the employer to ensure a fairer payment.
