Overtime

Overtime is defined as all work performed outside working hours, including on compulsory or additional weekly rest days and public holidays, with due regard to the legal limits outlined in question 4 (below).

If a working time exemption agreement is in place and the agreed standard working hours are adhered to, overtime is defined as work that surpasses the agreed standard weekly working hours (i.e., exceeding 35 hours per week). This includes work carried out on compulsory or complementary weekly rest days and on public holidays, provided it has been properly defined and authorized, with due regard to the legal limits outlined in Question 4 (below).

Note: Article 226(1) and (2) CT ex vi Articles 4(1)(h) and 120(1) LTFP.

No. The employer can only order overtime to cope with a possible and temporary work overload that does not justify the admission of a worker, in cases of force majeure, or when it becomes indispensable to prevent or repair serious damage to the service/unit.

Note: Article 227(1) and (2) of the Labour Code.

Yes, when required, employees must work overtime, except in cases of employees who are pregnant or who have children under the age of 12 months, those who are breastfeeding - and for as long as it is considered essential for their health or that of the child; and where there are reasonable grounds and the employee has specifically requested to be excused from overtime.

Note: Articles 35(1)(s), 59(1) and (2) and 227(3) of the Labour Code.

Yes, the following limits apply to overtime for public employees:

a) 150 hours per year;

b) Two hours per normal working day;

c) 7 hours on weekly rest days, compulsory (e.g. Sundays) or complementary, (e.g. Saturdays), and on public holidays;

d) 3 hours and 30 minutes on half a complementary rest day (e.g. Saturday).

Note: Art. 120(2) of the LTFP, Clause 12 of Collective Bargaining Agreement no. 1/2009 and Art. 34(1) of the Working Time Regulations at the UC.

No. The maximum overtime limits set out in the previous answer are unconditional and must therefore be complied with, except in the cases set out below, and provided that the overtime is not paid at a rate over 60% of the employee's basic monthly salary:

a) In the case of employees, such as drivers, telephone operators, and other operational assistants, and/or technical assistants, whose presence beyond regular working hours is duly deemed indispensable, upon order issued to that effect.

b) In exceptional and temporary circumstances, with the approval of the relevant Government member and, if otherwise not possible, with the confirmation thereof within 15 days of the event.

Note: Article 120(2) and (3) of the LTFP.

No, the exemption from working hours granted to those holding management positions and leading multidisciplinary teams is not subject to the maximum limits of normal working hours. Additionally, the Public Manager Statute specifies that 'no remuneration shall be due to managers for work performed outside normal working hours.

Note: Article 13(1) of the Public Manager Statute of Central, Local and Regional Government Services and Bodies, approved by Law 2/2004 of 15 January.

Under the working time exemption, it is possible to consider overtime work, provided it is agreed upon in writing and within the agreed normal working time, and applies only to employees in the Senior Technician, Technical Coordinator and General Operations Manager categories, as follows:

- Work performed beyond the standard 35-hour working week, where Monday to Friday are considered normal working days; and

- Work performed on compulsory or additional rest days and public holidays.

However, such situations must always respect the time limits set out in Article 120(2) LTFP, described in question 4.

Note: Art. 117(2) and Art. 118(1)(c) of the LTFP and Clause 9(1) of Collective Labour Agreement No. 1/2009, Art. 226(2) of the Labour Code.

As a general rule, employees under the continuous workday arrangement should not be asked or permitted to work overtime.

Yes, the performance of overtime work, pursuant to the legislation in force and the established legal limits, when duly determined and authorised, entitles the employee to remuneration under the following limits:

(a) 125% for the first hour or fraction thereof of a normal working day;

b) 137,5% for the subsequent hours or fractions thereof of a normal working day;

c) 150% for each hour worked on a Saturday, Sunday or public holiday.

Note: Art. 162 of the LTFP and Art. 39 of Regulation 56/2020.

Employees who work overtime for more than 3 hours and 30 minutes on a Saturday, Sunday or public holiday are entitled to a meal allowance in addition to the remuneration specified in the answer to the previous question.

Note: Decree-Law 57-B/84 of 20 February, as amended.

Yes. By agreement between the employee and the employer, overtime pay may be replaced by compensatory time off equal to the number of overtime hours worked, up to a maximum of 7 hours.

For instance, an employee who has worked 2 hours of overtime may, if there is an agreement to that effect, choose to take 2 hours of rest, which will be scheduled by agreement.

Note: Art. 162(7) of LTFP and Art. 35 of Regulation 56/2020

Yes. If overtime is worked on a compulsory weekly rest day (e.g. Sunday), the employee is entitled to 1 compulsory rest day, regardless of the number of hours worked, to be taken within the following 3 days, to be agreed with the employer.

In such cases, and without prejudice to the compulsory rest day, payment may, by agreement, be replaced by compensatory rest equivalent to the hours of overtime worked.

For instance, an employee who works 2 hours of overtime on a Sunday is entitled to a compulsory rest day to be taken within the three following days. Additionally, if there is an agreement to do so, the employee may choose to take 2 hours off in lieu of payment.

Note: Article 35(3) of Regulation 56/2020.