Can my employer require overtime?

The short answer

Your employer can only require overtime if it is contractually agreed in writing in your employment contract, collective bargaining agreement or staff handbook. If there is nothing about overtime in these documents, you can refuse overtime without consequences. Even if overtime is agreed, there are legal limits on the number of hours you can work. Your employer must always comply with the maximum working hours in the Working Hours Act. Overtime can never be at the expense of your health and safety.

What does the law say?

The Working Hours Act sets clear limits on working hours to protect employees. You may work a maximum of 12 hours per day and an average of no more than 48 hours per week over a 16-week period. You also have the right to at least 11 consecutive hours of rest between two working days. These legal limits always apply, even if your employment contract allows overtime. Certain professions have special rules.

What should you pay attention to?

Always check your employment contract, collective bargaining agreement and staff handbook to see what is stated about overtime. Pay particular attention to whether it says that overtime can be 'reasonably demanded' or similar wording. It is also important to keep track of the hours you work, so you can check that the legal limits are not being exceeded. If you do not receive compensation for overtime, this may be a sign that something is not right.

Practical example

Sandra works in an administrative role and her employment contract does not mention anything about overtime. Her boss asks her to work until 8 pm for an important deadline, but Sandra can refuse because overtime is not in her contract. If it did state that 'occasional overtime may be required', she would have a harder time refusing. In that case, her employer would still have to compensate the overtime with extra pay or time off. The employer also cannot structurally demand overtime, as then 'occasional' becomes an empty concept.

What can you do?

Start by reviewing your employment contract and other relevant documents. Have an open discussion with your employer if there are any uncertainties about overtime.