Overtime pay

Pursuant to Section 121(1) of the Labour Code, an employee working overtime is entitled to the wage earned and additional pay of at least

• 25 % of the employee’s average earnings;
• 35 % of the employee’s average earnings if it is an employee performing hazardous work.

The employee loses the right to additional pay for overtime work if, based on an agreement with the employer, they take compensatory leave. An employee shall not be entitled to additional pay for overtime work or compensatory leave if their agreed wage already includes possible overtime work. The group of such employees is exhaustively defined in Section 121(2) of the Labour Code. Such wage conditions can only be agreed with:

• an executive employee reporting directly to the statutory body or a member of the statutory body;
• an executive employee reporting directly to such an executive employee; and
• an employee who performs conceptual, systemic, creative or methodological work or who manages, organises or coordinates complex processes or large, very complex equipment assemblies.

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