What is overtime work?
Overtime work is work that is performed by worker for the period more than the normal working period of enterprise.
Pursuant to Article 137 of the Labor Law, the number of hours worked by workers of either sex cannot exceed 8 hours per day or 48 hours per week. Accordingly, if worker works more than 8 hours per day or 48 hours per week, the work performed more than this period will be considered as overtime work. However, if the normal working period of the enterprise or company is only 8 hours per days and 40 hours per week, the work performed by worker more than the period of 40 hours per week is considered as overtime work.
Employer cannot require employees to work more than 10 hours per day (including normal and overtime hours). [See interpretation of Article 140 (c) of the Labor law in Arbitration Council Case No. 10/04 (2014)]
What are the legal requirements for overtime work?
The employer is required to obtain prior approval on overtime work from the Ministry of Labor and Vocational Training for the work to be performed more than the normal working hours of the enterprise or establishment due to exceptionally urgent works and as consequence thereof the employer cannot find other alternative measures.[Article 1 of Prakas No. 80 SKBY on Overtime Work outside the Normal Working Times, (1999)]
The employer is also required to attach letter proving the consent of all shop stewards/worker delegates of the enterprise or consent of more than half works in the enterprise if there is no shop steward/worker delegate. [Article 2 of the same Prakas]
The arrangement of overtime work is made on the voluntary basis and employer cannot force the workers or impose any disciplinary measure against the worker who is not agree to perform overtime work. [Article 4 of the same Prakas]