How much overtime can you agree with the employee representatives?
In workplaces bound by a collective agreement, the employer and the employee representatives may negotiate a written agreement concerning extended limits for overtime. They can agree on up to
- 20 hours overtime over a 7-day period
- 50 hours overtime over a period of 4 consecutive weeks
- 300 hours overtime over a 52-week period
Calculating overtime periods
What is meant by a 7-day period?
The 7-day period must be a fixed period. This means that the employee can, at maximum, work 20 hours of overtime in a fixed period of 7 days.
Most commonly, this period follows the calendar week, but other fixed periods can also be agreed. Another option could be from Wednesday one week to Tuesday the next week.
What is meant by 4 consecutive weeks?
The period of 4 consecutive weeks is ongoing. This means that employees can only work, at maximum, 50 hours of overtime in any 4-week period.
In any given week, therefore, the employer must stay informed about how much overtime work the employees have put in in the last 3 weeks.
What is meant by the 52-week period?
The period of 52 weeks is a fixed period. This could, for example, be
- from 1 January to 31 December the same year
- from 1 April one year to 31 March the next year
In this period, an employee may not exceed the limit of 300 hours of overtime work.
Limits to ensure employees do not work too much
Even if the employer orders an employee to work overtime, the cumulative working hours cannot exceed 13 hours per 24-hour period. The employer and employee representatives may also agree exemptions from the rule of cumulative working hours, but employees may not work more than 16 hours per 24-hour period.
In addition, average cumulative working hours over an 8-week period cannot exceed 48 hours per week. This means that the employee may work more than 48 hours in a single week, provided they work proportionately less in another week. Under no circumstances, however, may cumulative working hours exceed 69 hours in any single week.
Remember that employees who have reduced off-duty time, need compensatory rest
Employees who work so much overtime that they have less than 11 hours of continuous off-duty time in a 24-hour period (reduced off-duty time), are entitled to as much compensatory time off as they have lost. Read more about daily and weekly off-duty time.