Labour law

How is overtime work paid?

Huquqchi legal team

Overtime is work that a worker does beyond the working time set for him. Under article 262 of the Labour Code, the first two hours are paid at not less than one and a half times the rate, and later hours at not less than double. At the worker's wish, extra rest time can replace the higher pay.

What counts as overtime

The normal length of working time must not be more than 40 hours a week. Under article 189 of the Labour Code, overtime is work that the employer gives a worker beyond the working time set for that worker (the code calls it work outside working time).

Limits

Overtime needs the written consent of the worker. Without consent the employer can give overtime only in the cases listed in the law: a disaster, an accident, a fire and other emergencies, faults in the utility systems, or the failure of the relief worker to come. Overtime must not be more than four hours over two days in a row (article 190). On a twelve-hour shift overtime is not allowed. For certain categories of workers overtime is forbidden, or it needs their written consent.

The pay

The first two hours of overtime in one day are paid at not less than one and a half times the rate, and the remaining hours at not less than double. For work in unfavourable conditions each hour is paid at not less than double. At the wish of the worker, extra rest time equal to the time worked can replace the higher pay. In that case the overtime is paid at the single rate.

Work on rest days and holidays

Under article 263 of the Labour Code, work on a rest day or a holiday is paid at not less than double. At the wish of the worker, another rest day can replace it; in that case the work is paid at not less than the single rate.

What to keep

The time sheet, the orders and the correspondence. Overtime that nobody recorded is hard to prove — so keep a written record of every call-out.

Legal sources

Legal basisLabour Code, article 262 Legal basisLabour Code, article 189 Legal basisLabour Code, article 263

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.