Time worked in excess of the statutory limits for normal working hours shall be regarded as overtime. Overtime is only permitted when there is an exceptional and time-limited need for it. Overtime may not therefore be used as a permanent arrangement.
Limits for overtime
The employer may decide that you shall work overtime for a period of up to:
- 10 hours per 7 days
- 25 hours per 4 consecutive weeks
- 200 hours per 52 weeks
Total working hours must not exceed 13 hours per 24 hours. Nor must total working hours exceed 48 hours per 7 days.
The limit of 48 hours may be calculated on the basis of a fixed average over a period of 8 weeks. This means that more than 48 hours may be worked in some weeks in exchange for working correspondingly shorter hours in other weeks.
Overtime by agreement with the employees’ representatives
In undertakings bound by collective agreements, the employer and employees’ representatives may agree on extended overtime of up to:
- 20 hours per 7 days.
- 50 hours per 4 consecutive weeks.
- 300 hours per 52 weeks.
Overtime work within these limits may only be assigned to employees who are willing to carry it out. Exceptions from the rule for total working hours may be agreed, but it is not permitted to work more than 16 hours during a 24-hour day.
Overtime with the permission of the Labour Inspection Authority
In response to an application from the employer, the Labour Inspection Authority may permit extended overtime work of:
- up to 25 hours per 7 days
- up to 200 hours during a period of 26 weeks
Overtime work within these limits may only be assigned to employees who are willing to carry it out. You may maximally work 400 hours overtime per 52 weeks.
When you work overtime, you are entitled to a supplement of at least 40 per cent of the agreed hourly pay. It is not permitted to agree a lower percentage rate.
Time off in lieu of overtime may be agreed on an hour-for-hour basis. However, time off in lieu of the minimum overtime supplement of 40 per cent may not be agreed. This shall be paid.
In collective agreements, more favourable terms are often agreed than the minimum entitlements provided by the Act. Examples are:
- Overtime supplement higher than 40 per cent
- Entitlement to overtime pay for work in excess of the agreed working hours (e.g. in excess of 37.5 hours, and not 40, which is the statutory limit for normal working hours)