Overtime work

Above the standard weekly working hours of the worker resulting from the predetermined schedule of working hours and above the pattern of shifts, overtime work may be performed on the order of the employer or with their consent (Section 78(1)(i) of the Labour Code), but only exceptionally and within limits stipulated by law (Section 93 of the Labour Code).

The employer may order overtime work only for serious operational reasons, even within an uninterrupted rest period between two shifts or, under the conditions laid down in section 91(2) to (4) of the Labour Code, even on non-working days. Ordered overtime work for a worker must not exceed 8 hours in individual weeks and 150 hours in a calendar year.

The employer may require overtime work exceeding the scope indicated above only on the basis of an agreement with the worker, in which case the total amount of overtime work may not exceed 8 hours per week on average in a period which may not exceed 26 consecutive weeks. Only a collective agreement can limit this period to a maximum of 52 consecutive weeks.

The number of hours of maximum permissible overtime work within a settlement period will not include overtime work for which the worker concerned was granted time off.

Workers with shorter working hours cannot be ordered to perform overtime work, and overtime is considered to be time above the standard weekly working hours, and not above their agreed shorter working hours.

It is prohibited to employ pregnant workers on overtime work. Female and male workers taking care of a child who is younger than one year may not be ordered by their employer to work overtime (Section 241 of the Labour Code).

It is prohibited to employ adolescent workers on overtime work (Section 245 of the Labour Code).