No, the EU is pretty strict about those things. Only way you can be ineligible for overtime is if you own the business. And even then you’re technically eligible, but I’ve never heard of anyone paying themselves overtime.
In practice the “exempt” part happens in a grey area: The boss and the employee shake hands to “make things simpler” and write down 40h every week in whatever tracking thingy. Worked less than 40? Great, you get 40. Worked more? Great, you get 40. wink wink
At least in Germany, managerial employees (mostly defined through hiring and firing authority) are traditionally exempt though this might be in conflict with the relevant EU regulations. We’ll see.
What I’m seeing commonly today is that your contracts will say the work week is 40 hours but x hours of overtime a month are already compensated.
Salary = exempt = no overtime for you, sucker. Over time, more and more people have fallen under that category in the US.
Is there something like that in the EU, where you don't have max hours or overtime eligibility at all?