Employment law
Overtime
Any hours worked in excess of the statutory working hours entitle the employee to a pay supplement under the following conditions (L.137)
a) Working days (Monday to Saturday)
Daytime (5.00 am to 9.00 pm)
- From the 41st to the 48th hour: +10% of the hourly rate,
- From the 48th to the 60th hour: +25% of the hourly wage.
Night-time (9.00 pm to 5.00 am): +50% of the hourly wage.
b) Non-working days (Sundays and public holidays)
- During the day: +50% of the hourly rate,
- At night: +100% of the hourly rate.
Any work carried out between 9.00 pm and 5.00 am is considered night work (L.141).
Note: Collective agreements or company/workplace agreements may specify different rates and conditions of pay depending on the specific nature of the job, but the principles governing the determination and calculation of pay are always in line with those of the Labour Code.
- Overtime is capped at 18 hours per week (Article 138), though this does not apply to all collective agreements,
- Under no circumstances may the 24-hour weekly rest period be compromised,
- Night work refers to hours worked between 9.00 pm and 5.00 am,
- A flat-rate payment for overtime is only valid if it is at least equivalent to the statutory rate.
NB: Upon written application to the relevant Labour Inspectorate, any employer may be granted authorisation to work 18 hours of overtime per week.
However, authorisation is granted for a renewable period of three months.
The maximum limit is 18 hours of overtime per week.
PLEASE NOTE: The payment of a bonus cannot be used as a substitute for the payment of overtime, even if the amount of the bonus corresponds to the increased rate due for the overtime worked.
If you pay an employee’s overtime in the form of a bonus, the courts will order you, in the event of a dispute, to pay them back pay for the overtime.
So bear in mind that if you pay for overtime in the form of a bonus, you run the risk of having to pay twice!
Added to this risk is the possibility of being ordered to pay compensation if the overtime worked does not appear on the employee’s payslip. The payslip must necessarily include the period and the number of hours worked to which the pay relates, distinguishing, where applicable, between hours paid at the standard rate and those subject to an overtime premium, and stating the rate or rates applied to the corresponding hours.