Employees may work beyond the daily limit of 8 hours and the weekly limit of 40 hours provided that the average weekly working time, calculated over the applicable reference period, does not exceed either 40 hours or the maximum normal weekly working time laid down by mutual consent (collective work agreement or individual employment contract).
The working time may not exceed:
- 10 hours per day;
- 48 hours per week; and
- an average of 40 hours per week.
In a work organisation system without a reference period, any overtime hour worked shall entitle the employee either to compensatory time off (calculated as 1 hour plus an additional 30 minutes of compensatory time off per overtime hour worked, i.e., 1.5 hours of compensatory time off for each overtime hour, or 1 hour credited at the same rate to a time savings account), or, in principle, to a salary supplement of 40%.
By virtue of the reference period, such an additional hour worked may be recovered on a 1 = 1 basis, without additional compensation, during the reference period.
The reference period may be implemented by means of a Work Organization Plan (WOP) or a flexitime system.
Even where a reference period has been established, an employee’s working hours may under no circumstances exceed the maximum durations set out in the Labour Code.
1. Example of a reference period established through a WOP
Reference period: 1 month.
Contractual weekly working time: 40 hours per week.
Week |
Hours worked |
Comments |
Week 1 |
45 h |
Heavier week |
Week 2 |
35 h |
Partial compensation |
Week 3 |
38 h |
Partial compensation |
Week 4 |
42 h |
Busy week |
Total for the month |
160 h |
Average of 40 hours per week |
Total for the 4-week reference period: 45 + 35 + 38 + 42 = 160 hours
Average: 160 hours ÷ 4 = 40 hours/week → no overtime.
2. Example of a reference period established through a flexitime system
Reference period: 1 month.
Contractual weekly working time: 40 hours per week – fixed and flexible working hours / Daily excess hours may be performed within the flexible working hours, provided that the monthly average complies with the contractual working schedule and that the applicable maximum limits are not exceeded.
Week |
Hours worked |
Comments |
Week 1 |
32 h |
Early departures |
Week 2 |
48 h |
Recovery of hours within the flexible working hours |
Week 3 |
40 h |
Standard week |
Week 4 |
40 h |
Standard week |
Total for the month |
160 h |
Average of 40 hours per week |
Total for the 4-week reference period: 32 + 48 + 40 + 40 = 160 hours
Average: 160 hours ÷ 4 = 40 hours/week → no overtime.