Overtime

Under Article 41 of the Labour Law, overtime is work exceeding 45 hours per week. In workplaces using averaging, work not exceeding the average weekly time is not overtime. Details are set out in the Overtime Regulation.

Pay

• Overtime: Each hour above 45 hours a week is paid at the normal hourly wage increased by 50 percent.
• Extra time: Where weekly working time is contractually set below 45 hours, each hour above that time up to 45 hours is paid at a 25 percent premium.
• Time off in lieu: If the employee wishes, they may take one hour thirty minutes of free time per hour of overtime, and one hour fifteen minutes per hour of extra time, within six months.

Conditions

• The employee’s consent must be obtained; under the Overtime Regulation it is obtained in writing and kept in the personnel file.
• Total overtime may not exceed 270 hours a year.
• Overtime may not be required in work that must be limited to seven and a half hours or less a day for health reasons, in night work or from employees under eighteen.

Inclusion in Salary

The Court of Cassation accepts that pay for up to 270 hours of overtime a year may be included in the salary, provided there is an express clause in the employment contract. Hours above 270 must be paid separately.

Proof

Overtime disputes are the most common subject of employment litigation. The burden of proving overtime lies with the employee, but the employer’s attendance records, time sheets and signed payslips are decisive. If a signed payslip shows overtime accrued, it becomes difficult for the employee to claim more unless they signed with a reservation. In calculations based on witness statements, courts may apply an equitable reduction. Overtime claims, like other wage claims, are subject to a five-year limitation period.