Definition of Overtime Work

Overtime work is work undertaken upon the employer’s request which exceeds regular working hours, i.e. eight hours a day and 40 hours a week. The main rule is that overtime is time worked in excess of eight hours a day and 40 hours a week. An employee may therefore accrue both daily and weekly overtime, for which the rates of pay vary according to the industry, see in more detail [Compensation for Overtime Work]⁠.

If the working hours are arranged on an average basis, the calculation of the overtime worked differs from what is mentioned above. In such case the working hours that have been planned in the list of work shift, may vary on a weekly basis and thus this often means overtime work when a full-time employee’s working hours exceed their regular working hours marked in the list of work shifts. Usually, the collective agreements also have provisions that allow to plan longer work shifts for the employee than the average regular working hours. If e.g. the regular daily working hours according to the work shift list are nine hours, only working hours exceeding this are regarded as overtime. Likewise, if the regular daily working hours on the work shift list are seven hours, anything exceeding this can be overtime work.

The employer's initiative distinguishes overtime work from voluntary and spontaneous work in addition to regular working hours for which no compensation is required. In normal overtime work situations, the employer usually expressly asks the employee to undertake overtime work. However, the occurrence of overtime work does not necessarily require an explicit request from the employer. Also work carried out without the employer’s express request, e.g. where the employer is aware and impliedly consents to the overtime work undertaken by the employee, may be considered as overtime work. Implied consent may become relevant where an employer has required the employee to undertake specific tasks within a specified time knowing that it is not possible to achieve the desired result within the regular working hours. It is advisable to go through the principles regarding overtime requests within a company. However, when an employer either has flexible hours or works flexibly, the employee and employer must specifically agree on working overtime.

An employer may not order an employee to undertake overtime work, but the employee must consent to such. The general rule is that the employee’s consent is required for each occasion where overtime work is to be undertaken. It is not possible to contractually or otherwise give a permanent consent for undertaking overtime work. The employee may, however, consent to undertake overtime work for a short fixed period of time if it is necessary in consideration of the work. Such short periods may arise, for example, because of annual obligations arising from accounting and tax legislation, the receipt of an urgent order, and the illness of other employees.