Can I be made to work unpaid overtime?
Not unpaid: overtime must be compensated. Overtime means any hour worked beyond the normal duration (8 hours/day and 40 hours/week full-time). The limit can be exceeded occasionally, but the average over a 4-month period can't exceed 48 hours/week. The Labour Code provides two ways to compensate: paid time off within the next 90 days (you get time off for the extra hours worked), or, if that's not possible in that period, a salary bonus. The bonus can't be less than 75% of the base salary, and for weekend work it can reach 150%. In short: you can't be forced to work overtime for free — you either get time off or a bonus of at least 75%.
📋 The rules
- Full-time: 8 hours/day, 40 hours/week
- Average over 4 months: max 48 hours/week
- Compensated with time off within 90 days, or a bonus
- Minimum bonus 75% of base salary
- Weekend: the bonus can reach 150%
🔓 Exceptions
- Young people under 18: overtime is banned
- Force majeure/emergency cases: special rules
- Time off granted within 90 days: an alternative to the bonus
⚠️ Penalties & fines
Unpaid and uncompensated overtime breaches the Labour Code. If the employer doesn't give you time off within 90 days and doesn't pay the bonus of at least 75%, you can report it to the Labour Inspectorate (ITM), which can sanction the employer. Also, constantly exceeding the 48-hour/week cap (4-month average) is a breach. To protect your rights: keep a record of the hours worked over schedule, request compensation in writing (time off or a bonus), check on your payslip whether the bonus is correctly calculated and, if your rights are repeatedly breached, contact the ITM. Note: for minors under 18, overtime is completely banned.
📎 Official sources
- Labour Code (Law 53/2003) · overtime →
- Labour Code · art. 122 (compensation with paid time off) →
- Labour Inspectorate →
❓ Frequently asked
Can I be forced to work overtime for free?
No. Overtime must be compensated: either with paid time off within the next 90 days, or, if that's not possible, with a salary bonus of at least 75% of the base salary. Unpaid and uncompensated overtime breaches the Labour Code.
What's the overtime bonus?
The overtime bonus is set by negotiation, in the collective or individual employment contract, but the law sets a minimum: the bonus can't be less than 75% of the base salary. For work performed at the weekend, this bonus can reach up to 150% of the salary.
How is overtime compensated?
The Labour Code provides two ways. The first is compensation with paid time off, granted within the next 90 calendar days. If granting time off isn't possible in that period, the overtime must be paid by adding a salary bonus of at least 75%.
Is there an overtime limit?
Yes. The normal work duration is 8 hours a day and 40 hours a week. The limit can be exceeded occasionally, but the average hours worked over a 4-month period can't exceed the cap of 48 hours a week. Constantly exceeding this cap is a breach of the law.
Can I work overtime if I'm under 18?
No. For young people under 18, overtime is banned, as is night work. These restrictions protect the health and development of minors. The employer can't ask an employee under 18 to work beyond the normal schedule, whatever the situation.
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