Can my employer make me work overtime without my consent?
Normally not — a written agreement is required. Overtime is work above normal working time, so generally above 8 hours a day or 40 hours a week. And payment does not legalise it: even where the employer offers double the rate, consent is still needed. Without consent, overtime may be required only in exceptional cases — urgent public needs, force majeure or dealing with the consequences of an exceptional event, and completing urgent, previously unforeseen work. The limit is firm: overtime may not exceed an average of 8 hours in each seven-day period, calculated over a reference period of up to four months. The supplement is at least 100% of the hourly or daily rate.
📋 The rules
- Overtime is work above normal working time
- A written agreement is normally required
- Without consent — only in exceptional cases
- No more than an average of 8 h per seven days
- The supplement: at least 100% of the rate
🔓 Exceptions
- People under 18 may not be employed in overtime work
- A pregnant employee and one within a year of childbirth — only with written consent
- If emergency overtime runs beyond six consecutive days, VDI permission is needed
⚠️ Penalties & fines
A working-time or overtime breach costs €35–350 for a natural person and €70–1,100 for a legal entity — but for the employee the claim matters more. Unpaid overtime can generally be claimed for two years, or three years where the employer failed to provide the required wage calculation. The payslip must show the hours worked, including overtime and work on public holidays. Watch out — a change is being debated. In 2026 a parliamentary committee considered a proposal to cut the overtime supplement from 100% to 50%. It is not yet law: the current Labour Law still requires 100%, apart from the existing sector-agreement exception. Do not treat the 50% as enacted.
📎 Official sources
❓ Frequently asked
Is overtime compulsory?
Normally no — a written agreement is required. Without consent, overtime may be demanded only in exceptional cases, such as force majeure or urgent, previously unforeseen work that cannot wait.
How much does overtime pay?
You receive your ordinary pay for the hours worked plus a supplement of at least 100% of the hourly or daily rate. In practice that usually amounts to roughly double pay for the overtime hour.
Does payment replace consent?
No, and it is a common myth. Even double pay removes neither the requirement for a written agreement nor the statutory limits on overtime. Money does not legalise compulsory overtime.
How much overtime is allowed?
No more than an average of eight hours in each seven-day period, calculated over a reference period of no more than four months. It is an average, not a hard weekly ceiling.
Is the supplement being cut to 50%?
Such a proposal was considered by a parliamentary committee in 2026, but it is not in force. The current Labour Law still requires a supplement of at least 100%, and that is the rule that applies.
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