Cases requiring a prior procedure
All overtime in the following cases is subject to a prior procedure for notification to, or authorisation from, the Minister of Labour:
- to prevent the loss of perishable materials or ensure that the technical results of work are not compromised;
- to facilitate special work.
Examples
The preparation of inventories or balance sheets, due-dates, liquidations and statements of account.
- in exceptional cases which arise by virtue of the public interest and in the case of events that involve a national danger.
The employer forwards to the Inspectorate of Labour and Mines a reasoned request, together with the opinion of the staff committee or, in the absence thereof, of the employees concerned.
If the staff committee’s opinion, or in the absence thereof, that of the employees concerned is favourable, notification of the request serves as authorisation, without the need to await an explicit decision from the ITM.
In the event of an unfavourable or equivocal opinion, a notification is not sufficient and the working of overtime requires authorisation from the Minister of Labour, who gives a decision on the basis of reports drawn up by the ITM and the ADEM.
Cases not requiring a prior procedure
However, no notification or authorisation is required for:
works undertaken with a view to responding to an accident that has occurred or is imminent;
urgent works to avoid a serious disruption of the establishment’s normal operations.
In such cases, the employer must inform the ITM, stating the reasons which gave rise to the working of overtime.
However, if the overtime devoted to the performance of the work referred to above is spread over more than 3 days per month, the prescribed prior notification or authorisation procedure is applicable and authorisation must be requested.