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The scheduling of working hours is both the right and responsibility of the employer. It is in the employee's interest to have a predetermined and well-planned work schedule. While working hours and schedules clearly define the employment relationship, situations may arise where employees need to work beyond their scheduled hours – this is called overtime work.

In this article, we will look at how the Labour Code regulates overtime work, in which cases and how it can be ordered. We will also cover the legal limits and prohibitions of overtime, as well as its accounting. Let's dive into what you need to know about this topic!

Overtime Work

What You Should Know About Overtime

Overtime, also known as extraordinary work, happens when employees work beyond their regular working hours. Although in some companies overtime might be “mandatory” and rewarded only with job retention, such practices are against labour laws.

Overtime work should only be ordered in cases defined by law and must consider any prohibitions listed therein. Fair assessment and consideration of the employee’s legitimate interests are essential in every case. If overtime imposes an unreasonable burden on the employee or the conditions for ordering it are not met, the employee may legally refuse the employer’s directive for extraordinary work.

What is Working Time?

According to the Labour Code, working time includes the period from the start to the end of work, including preparatory and finishing activities related to work. This covers all tasks the employee must perform as part of their role, usually without specific instructions. For example, a store clerk’s working time includes preparation before opening and restocking, as well as cashing out and cleaning after closing. However, breaks and commuting time are not included.

Working hours also define the system in which the employer schedules working hours and assigns rest days. General working hours refer to the employer scheduling work from Monday to Friday, five days a week. With a work schedule or accounting period, it can be determined which working days and how many hours are required within certain periods, allowing for uneven distribution of working hours and combined rest days.

The Labour Code stipulates that an employee’s daily working time cannot exceed twelve hours, and weekly working time cannot exceed forty-eight hours, even with different working hour schedules. This ceiling must also be considered when ordering overtime.

What Exactly is Overtime?

Overtime refers to work performed beyond the regular working hours, typically during an employee’s rest period or rest day. The following cases are considered overtime work:

Unplanned, Beyond Regular Working Hours

A classic example is when an employee works beyond their scheduled hours. If work is scheduled until 5:00 PM but the employee works until 7:00 PM, including a 25-minute break, 1 hour and 35 minutes of overtime can be accounted for.

Unplanned, Beyond Work Schedule

Work performed beyond the scheduled working hours within a work schedule is also considered overtime. If an employee works 168 hours instead of the scheduled 165 hours in a 4-week period, they accumulate 3 hours of overtime.

Full Duty Period

Overtime includes the entire duty period, regardless of actual work performed.

Weekend Work

Regular working hours can only be ordered for Sundays and public holidays in exceptional cases specified by the Labour Code, and this also applies to overtime. It can only be required for employees who can work on these days during regular hours or when unrestricted overtime can be ordered.

There is no general legal restriction on ordering regular working hours for Saturdays.

Unrestricted Overtime

Overtime can be ordered without restrictions for preventing or eliminating accidents, natural disasters, serious damage, or imminent and serious danger to health or the environment.

When Can Employers Order Overtime?

Overtime can be ordered in the above cases, provided it does not endanger the employee's safety or health and does not impose an unreasonable burden considering their personal, family, and other circumstances. The daily and weekly working time limits, including overtime, must not exceed 12 and 48 hours, respectively.

How Many Hours of Overtime Can Be Ordered?

A total of 250 hours of overtime can be ordered per calendar year, which can be increased to 300 hours through a collective agreement. Employers and employees can agree in writing to deviate from this, allowing up to 150 hours of voluntary overtime, totaling 400 hours of overtime per year. With a collective agreement prescribing 300 hours, an additional 100 hours of voluntary overtime can be agreed upon, not exceeding 400 hours per year. This written agreement can be terminated by the employee at the end of the calendar year.

These rules apply even if employment starts mid-year or is for a fixed term or part-time. Proportional calculations must be made to determine the allowable overtime. For example, a part-time job of 4 hours per day allows for a maximum of 125 hours of overtime per year. The same applies to voluntary overtime, with a maximum of 75 hours per year for part-time work.

How is Overtime Ordered?

Overtime must be justified by unforeseen circumstances that could not have been accounted for when planning the work schedule. Therefore, it cannot be legally ordered weeks or months in advance. Since it is not foreseeable, overtime can even be ordered verbally, but the employer must provide written confirmation upon the employee’s request. Overtime can be announced minutes before the regular working hours end, but the employer must always consider the employee’s legitimate interests and any legal prohibitions.

What Are the Prohibitions on Overtime?

The Labour Code explicitly prohibits ordering overtime for:

Employees from the confirmation of their pregnancy until their child is three years old,
Employees raising a child alone until the child is three years old (from three to four years old, only with their consent),
If the job or the employee poses health risks,
Young employees (under 18 years old).

What Additional Benefits Come with Overtime?

Employees are entitled to additional pay or time off for overtime, decided primarily by mutual agreement.

Overtime Pay

Overtime pay compensates the employee beyond the regular wages for the extraordinary nature of the work. First, determine the employee's hourly basic wage by dividing the monthly wage by 174 hours for full-time work.

The overtime pay is generally 50% extra, meaning the employee receives 150% of their hourly wage. For example, 2 hours of overtime for an employee with an hourly wage of 5000 HUF would be 15,000 HUF.

The overtime pay is 100% extra if the overtime is on a rest day or public holiday. In this case, the employee receives 200% of their hourly wage. For example, 2 hours of overtime on a rest day for an employee with an hourly wage of 5000 HUF would be 20,000 HUF.

Time Off

Employers and employees may agree that instead of overtime pay, the employee receives time off equivalent to the overtime hours worked, along with their proportional basic wage. This time off must be granted by the end of the month following the overtime work.

Why Choose Y Student Cooperative?

While overtime regulations do not apply to student workers, they provide useful information for companies seeking adult employees. At Y Student Cooperative, we handle these matters as well.

If you need student workers, turn to one of the market leaders, Y Student Cooperative. We aim to find the best solutions for all our partners’ needs. With over ten years of experience, we cover a wide range of services, including job posting, selection, and all administrative tasks related to employment. Our dedicated contacts assist with labour law decisions. You can use our services seasonally, for campaigns, or continuously.