How much overtime can the law actually impose on me?
It depends — overtime is capped: at most 8 hours a week, 20 hours a month and 170 hours a year. These limits are set by Article 144 ZDR-1, and a working day with overtime must as a rule not exceed ten hours. Above the annual limit of 170 hours, overtime is allowed only with your written consent, up to a total of 230 hours a year. Crucially: if you refuse to give written consent, the employer may not penalise you or put you at a disadvantage. The myth that 'overtime is compulsory whenever the boss says so' is false — overtime may be ordered only exceptionally, in urgent cases such as an unforeseen surge of work, preventing damage or covering for an absent worker. The order must as a rule be in writing and in advance. Overtime is paid with a premium whose level is set by the collective agreement, and it may not be 'hidden' in the basic wage. Some workers — pregnant women, parents of young children under conditions, older workers — may not be assigned overtime without their consent.
📋 The rules
- Article 144 ZDR-1: overtime lasts at most 8 hours a week, 20 hours a month and 170 hours a year; a working day with overtime as a rule does not exceed ten hours.
- Above 170 hours a year, overtime is allowed only with the worker's written consent, up to a total of 230 hours a year — without consent this limit cannot be exceeded.
- If the worker refuses to consent, they may not be exposed to unfavourable consequences in the employment relationship — refusal is a lawful right, not a breach.
- Overtime may be ordered only exceptionally (an unforeseen surge of work, preventing damage, covering an absence) and as a rule in writing in advance; a spoken, on-the-spot order is the exception.
- Overtime is paid with an overtime premium whose level is set by the collective agreement; overtime may not be folded into the basic wage nor left unpaid.
🔓 Exceptions
- Above the annual limit of 170 hours, overtime is permissible only with the worker's written consent each time; refusing consent is a right for which the worker must suffer no consequences.
- Some groups — pregnant women, workers exercising parental rights, and older workers — may not be assigned overtime without their written consent, as the law gives them additional protection.
- Overtime is permissible only in the exceptional circumstances set by law; it cannot be introduced as a permanent, pre-planned extension of regular working time.
⚠️ Penalties & fines
An employer who orders overtime beyond the statutory limits or without the required written consent commits an offence supervised by the Labour Inspectorate (IRSD), for which ZDR-1 prescribes a fine for the legal entity and the responsible person. Unpaid overtime must be settled in arrears together with the premium and default interest; the worker can claim it before the labour court, where the working-time records the employer must keep, and in which overtime must be entered, are decisive. Anyone who penalises a worker for refusing overtime above 170 hours acts unlawfully, and the worker is protected against such retaliation. Systematically overloading a worker with overtime also raises health and safety risks and employer liability if exhaustion leads to an accident at work, so the cost can reach well beyond the unpaid hours.
📎 Official sources
- PISRS · statute register (Employment Relationships Act, Article 144) →
- gov.si · Ministry of Labour (working time and overtime) →
- Labour Inspectorate RS · supervision of working time →
❓ Frequently asked
How much overtime can I work in a year?
The statutory limit is 170 hours of overtime a year, plus at most 8 hours a week and 20 hours a month. With your written consent the annual limit can be extended to a total of at most 230 hours, and without consent this limit cannot be exceeded.
May I refuse overtime?
Above the annual limit of 170 hours, overtime is allowed only with your written consent, which you may refuse. If you refuse consent, the employer may not penalise you or put you at a disadvantage, since this is a lawful right of the worker.
How is overtime paid?
Overtime is paid with an overtime premium whose level is set by the collective agreement applying to the employer. Overtime may not be folded into the basic wage or left unpaid; it must be entered in the working-time records and paid out.
Who may not be assigned overtime?
Without their written consent, overtime may not be assigned to pregnant women, workers exercising parental rights, and older workers. The law gives these groups additional protection, so for them an order of overtime is not automatically binding.
What if the employer does not record or pay overtime?
The employer must keep working-time records and enter overtime in them. You can claim unpaid overtime before the labour court and report the breach to the Labour Inspectorate, which fines the employer and orders payment in arrears with interest.
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