overtime at work and the rules for calculating it. What kind of overtime pay can you expect?

Overtime is a common part of professional life—many employees wonder when an employer can ask them to stay after hours and whether overtime at work is mandatory. In this guide, we explain the rules for calculating overtime and what kind of overtime pay you can expect. You will learn who is covered by overtime regulations, how overtime is calculated (50% and 100% rates, bonuses, time off in lieu), and what to do if you are working too much overtime.

what is overtime?

Overtime refers to any work performed in excess of the standard working hours established for an employee. Typically, the Labor Code provides for an 8-hour workday and an average of 40 hours per week (in an average five-day workweek). For example, if you have a full-time position and work from 9:00 AM to 5:00 PM, any work after 5:00 PM will be considered overtime. In the so-called compensatory work schedule (where longer daily shifts are permitted, e.g., 12-hour shifts), overtime also applies—this refers to hours worked beyond the extended duration specified in the schedule for a given day. Keep in mind that overtime regulations apply exclusively to employees hired under an employment contract. In the case of civil law contracts (e.g., contract of mandate, B2B), overtime issues are not regulated by the Labor Code—neither monetary allowances nor additional days off for extra work hours are legally required under such contracts.

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who cannot be required to work overtime?

Labor law provides for certain exceptions and restrictions on overtime work based on health considerations or an employee’s personal circumstances. An absolute prohibition on requiring overtime applies to: pregnant women and juvenile employees (under 18 years of age). In addition, individuals with a disability certification generally may not work overtime, unless they are employed to guard property or a doctor grants permission upon the employee’s request. In practice, this means that, for example, an employer has no right to require a pregnant woman or a 17-year-old employee to stay at work longer—such an order would be in violation of the law.

Parents of young children also have special rights. According to Article 178 §2 of the Labor Code, an employee raising a child under the age of 8 may not be required to work overtime, at night, or be assigned outside their regular workplace without their consent. Previously, this limit was 4 years—it was thus extended in 2023. Importantly, only one parent may avail themselves of this privilege at any given time (if both parents are working). This means that, for example, the mother or father of a child under 8 years of age may refuse to work overtime without consequences—the employer has no right to impose penalties for such a refusal or to impose negative professional consequences.

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is overtime at work mandatory?

Overtime work should be the exception, permitted only in specific cases—during emergency response operations (e.g., breakdowns, threats to life or property) or when the employer has special needs, such as an urgent order or a system failure. However, it cannot be a regular practice—constant overtime is a sign of poor work organization.

can you refuse to work overtime?

If the order is lawful, the employee is obligated to comply. Refusal without justification may result in a disciplinary penalty. A lawful refusal is possible, for example, for health reasons or when caring for a child under 8 years of age.

how much overtime can you do?

The Labor Code limits the amount of overtime to 150 hours per year per person, but companies may set a different limit in their internal regulations or employment contracts. It is generally accepted that the maximum annual limit is approximately 376–416 hours. After each 24-hour work period, an employee is entitled to at least 11 hours of rest, with a weekly minimum of 35 hours.

In the case of part-time employment, the parties should specify a limit on overtime hours. Once this limit is exceeded, the employee is entitled to overtime pay.

how is overtime calculated?

For each hour of overtime, an employee receives their regular pay plus a premium:

• 100% – for night work, work on Sundays and holidays (if they are not workdays), or on a day off granted in lieu of working on a holiday.
• 50% – for overtime on a regular workday.

A 100% bonus is also payable for exceeding the average weekly working hours.

When working at night, in addition to the overtime bonus, an employee receives an additional 20% of the hourly rate for night work.

time off in lieu of overtime – taking time off instead of money

For overtime, you can receive not only money but also time off. There are two ways to settle this:

• At the employee’s request – for every hour of overtime, the employee is entitled to one hour of time off (1:1). The employee does not receive an overtime premium but retains their full monthly salary.
• At the employer’s initiative – the employer may grant time off at a rate of 50% more (1:1.5) until the end of the pay period. In this case, the employer also does not pay an overtime premium.

Managers are not entitled to time off or an overtime premium, except for work on Sundays and holidays.

working on Saturday – overtime and compensation

If Saturday is your day off as part of a five-day workweek, you are entitled to a full day off at a later date for working on that day—regardless of whether you worked 2 or 8 hours. Your employer cannot pay you money instead, unless it is exceptionally impossible to grant time off (e.g., due to illness or the end of the pay period). In that case, you are entitled to your normal pay plus a 100% premium. If you work more than 8 hours on Saturday, you will receive an additional 50% premium for each extra hour worked beyond the daily limit.

FAQ – Frequently Asked Questions

is overtime mandatory?

No, overtime is not a daily requirement. An employer may only require it in exceptional circumstances—such as when the company has urgent needs. In such cases, the employee is required to work overtime, provided the request is lawful. Pregnant women, minors, and parents of children under 8 years of age may opt out of overtime (the employer cannot require them to work overtime without their consent).

how is overtime calculated, and how much is it paid?

For each hour of overtime, you receive your regular pay plus a premium: 50% on regular workdays or 100% for work at night, on Sundays, holidays, and days off granted in lieu of working on a holiday. Example: overtime on Tuesday = +50%, on a Sunday off from work = +100%. Instead of money, you can also take time off—1 hour or 1.5 hours for each hour of overtime.

what is the maximum number of overtime hours you can work?

The standard limit is 150 hours per year, but the company may set a different limit in its regulations or contract. However, it is generally accepted that the upper limit is approximately 416 hours per year. The law also guarantees a minimum of 11 hours of rest per day and 35 hours per week, so overtime should be the exception, not the norm.

can I take time off instead of overtime pay?

Yes. If you request it yourself, you receive as many hours of time off as you worked in overtime (1:1). If the employer grants time off on their own initiative, they should provide 50% more time (1:1.5). In both cases, you retain your full pay, but you do not receive the 50% or 100% premium. The time off must be taken by the end of the pay period.

is working on a Saturday or Sunday considered overtime?

Not always. If Saturday is your day off, working on that day entitles you to a day off on another date – only if you do not receive that day off are you entitled to a 100% bonus. Working on a Sunday or a holiday is permitted only in exceptional cases – in such cases, you are also entitled to another day off, and if it is not granted, you are also entitled to a 100% bonus. When Sunday is a normal workday for you (e.g., in retail), overtime is calculated as usual – 50% or 100% depending on the time of day.