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When observing statutory working hours, daily overtime is work that exceeds eight hours a day. Weekly overtime is work that exceeds 40 hours a week but not eight hours a day.
When using average regular working hours, daily overtime refers to work performed in addition to the regular daily hours entered in the shift roster. Weekly overtime refers to work performed in addition to regular hours that is not daily overtime. If the average hours even out at less than 40 hours a week, work done after 40 hours a week is considered overtime.
In period-based work, overtime is work that exceeds the regular maximum working hours. As a rule, the regular maximum hours in period-based hours are 120 hours per 3 weeks or 80 hours per 2 weeks, but other agreements are possible due to the nature of the work or shifts.
In flexible working hours, daily overtime is work that exceeds eight hours a day and weekly overtime is work that is performed on a day off in accordance with the shift roster and exceeds 40 hours a week without being daily overtime. In addition to fixed working hours, overtime also includes work ordered by the employer that exceeds the maximum balance at the end of the review period. At the end of the review period, the total balance of excess hours cannot be more than 60 hours.
In flexitime work, daily overtime is work that exceeds eight hours a day, while weekly overtime is work that is performed during the weekly time off agreed in the flexitime agreement but which is not considered daily overtime. Regular weekly working hours in flexitime arrangements may not exceed an average of 40 hours over a four-month period.
Working overtime requires the initiative and approval of the employer. As a rule, overtime requires separate consent from the employee on each occasion.
However, the employee may give their consent to overtime for a predetermined, short-term period of time if this is necessary for the organisation of work. An employee cannot agree to work overtime whenever necessary in the employment contract.
It should be noted, however, that if overtime is necessary due to the nature of the work and for compelling reasons, civil servants and office-holders may not refuse to work overtime.
Overtime pay
Daily overtime is paid at a rate increased by 50% for the first two hours worked and by 100% for subsequent hours. Weekly overtime is paid at a rate increased by 50%.
In period-based work, pay is increased by 50% for the first 12 hours of overtime if using a two-week period and for the first 18 hours of overtime if using a three-week period. After this, the pay for overtime is increased by 100%. If the period is interrupted because the employee’s employment relationship has ended or he or she has not been able to work due to holiday, illness or other acceptable reason, it is calculated by how many hours the average hours worked during the incomplete period is exceeds eight hours as days worked. The first two average hours of overtime in this number of hours shall be paid at a rate increased by 50% and subsequent hours by a rate increased by 100%.
If regular hours are based on a collective agreement or exception, the agreement or permit must include the grounds on which the increased pay for overtime is calculated.
Please note that the information on this website is based on legislation. It is possible that the collective agreements applicable to your employment relationship contain other provisions.
Education tips on the topic
You can also learn more about the topic in the online working life training library, which is part of your member benefits. To access the courses, you must sign up to the online training library. If you have already taken advantage of your free membership benefit and started using the service, log in and click directly to the trainings from the links below. If you haven’t yet signed up, you can do so in the Webinars and Courses section in the Oma+ service for our members.
