Can an employer demand unlimited overtime?
No — overtime is strictly limited. Under the Labour Code overtime is possible only with the employee's written consent (except for exceptions in the law, such as emergencies). It cannot exceed 8 hours per 7 days; with written consent — up to 12 hours a week, but then average working time over the reference period cannot exceed 48 hours a week. The yearly overtime cap is 180 hours (a collective agreement may allow more). A common myth is that overtime can be 'given back' as time off instead of a premium. Not so: overtime is paid at least 1.5×, at night or on a rest day 2×, and on public holidays 2.5×, and adding it to leave is possible only at the employee's request.
📋 The rules
- Only with written consent (except emergencies etc.)
- No more than 8 h per 7 days (with consent — up to 12)
- Per year — up to 180 h (a collective agreement may allow more)
- Average working time — up to 48 h/week over the reference period
- Paid 1.5×, night/rest day 2×, public holidays 2.5×
🔓 Exceptions
- Without consent, overtime is possible only in exceptional cases — clearing emergencies, natural disasters or another urgent threat
- A collective agreement may set a yearly overtime cap higher than 180 hours
- At the employee's request, overtime hours multiplied by the coefficient may be added to annual leave instead of a premium
⚠️ Penalties & fines
The overtime limits and premiums are mandatory. An employer who exceeds 180 hours a year, the 8-hour weekly limit, or who forces work without written consent, breaches labour law. For unpaid overtime the employee can demand payment at the mandatory coefficients — 1.5, 2 or 2.5 times — through the labour disputes commission, together with interest. The State Labour Inspectorate (VDI) can impose an administrative fine on managers for breaches of working-time, rest-time and pay rules. Exceeding maximum working time (with overtime included, working time cannot exceed 48 hours a week on average, and the hard limits are 12 hours per shift and 60 hours per week) is a safety breach that raises the risk of accidents and the employer's liability. Systematic breaches lead to more frequent inspections.
📎 Official sources
❓ Frequently asked
How much overtime is allowed per year?
Overtime cannot exceed 180 hours a year, unless a collective agreement sets a higher cap. Over any seven days overtime cannot exceed eight hours, and with the employee's written consent up to twelve hours.
Can I be forced to work overtime?
Usually not — overtime requires the employee's written consent. Without consent it is possible only in exceptional cases, such as clearing an emergency or a natural disaster where there is a threat to people or property.
How is overtime paid?
Overtime is paid at not less than 1.5 times the employee's wage. Overtime worked at night or on a rest day is paid at least 2 times, and work on public holidays at least 2.5 times the usual rate of pay.
Can overtime be swapped for time off?
Only at the employee's request. Overtime hours multiplied by the relevant coefficient can be added to annual leave, but the employer cannot unilaterally force you to take time off instead of a cash premium.
What is the maximum working time?
With overtime included, average working time cannot exceed 48 hours a week over the reference period. There are also hard limits — generally up to 12 hours per shift and up to 60 hours per seven days.
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