Overtime: Legal Limits, Mandatory Recording and Compensation
Overtime is a recurring topic in labor relations. Understanding the legal limits, recording obligations and forms of compensation is essential for both companies and workers.
Legal limit: 80 hours per year
Article 35.2 of the Workers' Statute establishes a maximum of 80 overtime hours per year. This limit:
- Is computed per calendar year
- Does not include hours compensated with rest within 4 months
- Does not include force majeure hours
Mandatory recording
Overtime must be specifically recorded (Art. 35.5):
- Day by day recording
- Monthly total on the employee's payslip
- Summary copy to employee representatives
Not recording overtime is a serious infraction with fines from €626 to €7,500.
Compensation: money or time off
- Monetary: never less than the ordinary hour rate
- Time off: within 4 months
Conclusion
Overtime is strictly regulated. Recording is mandatory, the 80-hour limit is legal, and penalties for non-compliance are significant.
Frequently Asked Questions
What is the legal limit on overtime?
80 hours of overtime per year, except hours worked to prevent or repair extraordinary or urgent damages.
How is overtime compensated?
Either financially (at least at the standard hourly rate) or with equivalent time off, per the collective agreement or individual deal.
Must overtime be recorded?
Yes. It must be tracked daily and notified monthly to the worker together with the payslip, per the Workers Statute.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information may not be complete, accurate or up to date. For specific legal matters related to your company, always consult a qualified labor law professional or your employment advisor.