Can my boss force me to work overtime?
Conditional: overtime is allowed, but with limits and mandatory supplements. The basis is the Labour Code (arts. 226 to 231). The annual cap is 150 hours (firms with 50+ workers) or 175 hours (firms with under 50), rising to 200 hours via collective agreement. The supplements (up to 100 h/year): +25% for the 1st hour on a working day, +37.5% for the following ones and +50% on a rest day or holiday; above 100 h, they rise to +50%/+75% and +100%. Working a rest day gives compensatory rest. In short: yes, within the annual cap and with the supplement paid.
📋 The rules
- Annual cap: 150 h (50+ workers) or 175 h (<50)
- By collective agreement, up to 200 h/year
- 1st hour on a working day: +25%; following +37.5%
- Rest day/holiday: +50% (up to 100 h)
- Rest day: gives compensatory rest
🔓 Exceptions
- Annual cap doesn't apply to force majeure or serious company loss
- Exempt schedule (management): doesn't earn supplements the same way
- Pregnant workers and minors have special protection
⚠️ Penalties & fines
Non-payment or underpayment of overtime is a very serious offence: the fine runs, depending on size and turnover, from about €2,040 to €61,200. Missing time records is a serious offence (about €612 to €9,690). The ACT enforces. Beware myths: the 1st hour on a working day pays +25%, not +50% as in Brazil (whose Constitution sets a +50% minimum); and the "100 hours" is the step-up threshold for supplements, not the cap (the cap is 150/175, up to 200). To defend your rights: check the annual cap, demand the right supplements and the compensatory rest, and verify the time records.
📎 Official sources
❓ Frequently asked
Can my boss force me to work overtime?
As a rule, yes, within the legal limits and barring a valid reason. Overtime is mandatory when the company requests it due to extra workload, within the annual cap of 150 or 175 hours, depending on size. You can only refuse with an expressly justified ground, such as relevant health or family reasons.
How many overtime hours can I work per year?
The limit is, as a rule, 150 hours per year in firms with 50 or more workers and 175 hours in firms with under 50. By collective regulation, this limit can be raised to 200 hours per year. For part-time workers, the limit is proportionally lower.
How much extra is paid for an overtime hour?
In the first 100 annual hours, the first hour on a working day is paid with a 25% supplement, and the following hours with 37.5%. On a rest day or holiday, the supplement is 50%. From the 101st hour, supplements rise to 50% and 75% on a working day and 100% on a rest day.
Am I entitled to rest for working on a Sunday?
If you work on your mandatory weekly rest day, you're entitled to a paid compensatory rest day, taken within the next three working days. In addition, that work is paid with the corresponding supplement. The time records must correctly reflect these hours.
Is it true overtime always pays +50%?
No, not in Portugal. The first overtime hour on a working day is paid with only a 25% supplement, not 50%. The 50% supplement applies to work on a rest day or holiday, within the first 100 hours. The +50% minimum for all overtime is a Brazil rule, not Portugal's.
🔎 Common searches
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