Overtime must either be compensated for by remunerated rest time, at the rate of one hour plus one half hour of remunerated free time per hour of overtime worked, or accounted for at the same rate in a “Time Saving Account”, the arrangements for which may be determined by the collective or other applicable agreement.
In companies which apply a reference period laid down by law or by agreement, overtime ascertained at the end of a reference period is to be compensated for during the following reference period.
The timing of the recovery of overtime is determined in principle according to the wishes of the employee, unless this is not compatible with the operational requirements and the justified wishes of other employees in the company, in the following situations:
- For overtime ascertained at the end of a reference period,
- For overtime deriving from non-compliance with the notice period of 3 days before the event to be observed by an employer in the event of a change to the WOP,
- For overtime deriving from exceedance of the limits of 12.5% or 10% of the normal legally prescribed monthly working time.
Where the operational requirements or the justified wishes of other employees of the company oppose the recovery of overtime in accordance with the wishes of the employee, overtime not yet compensated for at the end of the calendar year may, exceptionally, be carried over until 31 March of the following year.