Duration of daily work in the case of weekly working hours spread over 5 days or less
If weekly working hours are spread over 5 days or less, the normal working hours may automatically be increased to 9 hours per day, provided that the total weekly working hours do not exceed the normal weekly working hours prevailing in the company.
In our opinion, this exception only applies provided that the weekly working hours are spread over 5 days or less and that the normal weekly working hours prevailing in the company are not exceeded.
If these two cumulative conditions are met, only the working hours exceeding the 9th hour per day are to be considered as overtime.
However, if the weekly working hours are spread over more than 5 days or exceed the normal weekly working hours prevailing in the company, the exception does not apply and each working hour exceeding 8 hours per day and 40 hours per week qualifies as overtime.
Example 1
Day |
Hours worked |
Monday |
9 hours |
Tuesday |
9 hours |
Wednesday |
9 hours |
Thursday |
9 hours |
Friday |
4 hours |
Saturday |
Rest |
Sunday |
Rest |
Total |
40 hours |
In this example, the 9th hour worked from Monday to Thursday is not to be considered as overtime, since the weekly working hours are spread over 5 days and the normal weekly working time of 40 hours is not exceeded.
Example 2
Day |
Hours worked |
Monday |
Rest |
Tuesday |
7 hours |
Wednesday |
10 hours |
Thursday |
10 hours |
Friday |
8 hours |
Saturday |
5 hours |
Sunday |
Rest |
Total |
40 hours |
In this example, only the 10th hour worked on Wednesday and Thursday qualifies as overtime, given that the weekly working hours are spread over 5 days and the normal weekly working time of 40 hours is not exceeded.
Example 3
Day |
Hours worked |
Monday |
8 hours |
Tuesday |
9 hours |
Wednesday |
9 hours |
Thursday |
9 hours |
Friday |
9 hours |
Saturday |
Rest |
Sunday |
Rest |
Total |
44 hours |
In this example, the 9th hour worked from Tuesday to Friday is to be considered as overtime, since the normal weekly working time of 40 hours is exceeded.
Example 4
Day |
Hours worked |
Monday |
6 hours |
Tuesday |
8 hours |
Wednesday |
6 hours |
Thursday |
6 hours |
Friday |
9 hours |
Saturday |
5 hours |
Sunday |
Rest |
Total |
40 hours |
In this example, the 9th hour worked on Friday is to be considered as overtime, given that the weekly working hours are spread over more than 5 days, regardless of the fact that the normal weekly working time of 40 hours is not exceeded.
Weekly working hours spread over more than 5 days of the week
If the weekly working hours are spread over more than 5 days of the week, the parties to an employment contract are in principle free to determine the distribution of working hours over the working days of the week, whilst complying with the daily limits of 8 hours and weekly limits of 40 hours.
Working hours exceeding the above limits are to be regarded as overtime.