It`s not uncommon to occasionally work a 60-hour week, but some people regularly work on those overtimes. If you are one of them, you could feel overworked and affect your mental and physical health. Payment for vacation, sick leave or personal days is not covered. The RSA does not cover double weather. These are agreements between an employer and an employee. However, the government offers “interpretive advice” for such agreements, which change based on geography, type of work and other employment-related factors. The site also includes electronic tools to help employers calculate overtime pay. Normally, the hours to be used in the calculation of the regular rate of pay cannot exceed the legal maximum rate of regular working time, which in most cases is 8 hours per working day and 40 hours per working week. This maximum can also be influenced by the number of days you work during a work week. It is important to determine what maximum is legal in each case. The alternative method of planning and calculating overtime under most of the wage regulations of the Industrial Social Welfare Commission, which is based on an alternative weekly working schedule of four days of 10 hours or three days of 12 hours, does not affect the normal wage rate, which in this case would also be calculated on the basis of 40 hours per working week.

In addition, breaks are required for non-exempt employees who work three and a half hours (3 1/2) or more per day. Employees are entitled to ten (10) minutes of rest for every four (4) hours or a substantial portion of it they work in a day.3 As an employer, the Agency is responsible for the total number of hours worked by them, as they have an overview of the total number of working days worked in a given period. For example, if an employee has worked in a company for four days, the agency must ensure that the next placement allows for at least one of the seven days of break (or two out of 14 if national law allows it). The agency and company must ensure that excessive working hours are not worked during the day (see Q14, Are there limits to daily work?). Contractually agreed working time refers to the number of hours an employee must work by his or her employer per week. This is generally set at a maximum of 48 hours per week, unless national law or a collective agreement sets a lower value. Where the average is allowed, there may be some variability in the working time required, provided that the average working time required does not exceed 48 hours per week and that the total number of hours actually worked never exceeds 60 hours per week, except in exceptional circumstances, as permitted by national law, covered by a collective agreement and appropriate security measures are in place. *International standards recommend the gradual reduction of normal working time to 40 hours per week without reducing workers` wages, as working hours are reduced Overtime is paid at one and a half (1 1/2) times the normal wage rate of an employee. However, any work of more than 12 hours per day will be paid with at least (2) an employee`s regular rate of pay.

Any work that exceeds eight (8) hours on the seventh day of a work week will be paid twice as much as the standard rate.18 Contrary to the contractually agreed 48-hour provision, there is no way to achieve the average number of hours around the 60-hour limit. The basic code is very clear, an employee cannot exceed 60 hours per week, except in exceptional circumstances, if national law allows it, if he is subject to a collective agreement and if there are adequate security measures. This is an absolute weekly and hourly limit. EIT members are not required to ensure that their suppliers actively reduce the working week, although they wish to encourage suppliers to do so and prefer suppliers who have negotiated a shorter working week with their workforce, for example. EIT members generally set the required working hours below 48 hours; For those who do not, the Recommendation would also apply to workers in their own establishments. The international standards (ILO Conventions) on which the Basic Code is based set 48 hours as the maximum duration of the normal working week, but also recognize the importance of the transition to a shorter working week, overtime and suitable and achievable in the national context, for the health and well-being of workers. This may still be a long way off in many countries, and reducing working time to 48 hours will continue to be a priority for many EIT members. A “work week” or “week” means seven (7) consecutive days, beginning with the same calendar day per week. A work week is considered a fixed and recurring period of 168 hours or seven (7) consecutive periods of 24 hours.8 Agreed normal hours shall be used if they are less than the legal maximum normal hours. For example, if you work 32 to 38 hours per week, there is an agreed average work week of 35 hours, and thirty-five hours is the number used to determine the regular rate of pay. However, in cases where the work week is less than 40 hours, the law does not require the payment of the overtime premium, unless the employee works more than eight hours per working day or more than 40 hours per work week.

In other words, assuming you are employed under a policy that provides for a 35-hour week, the law does not require the employer to pay the overtime premium only after eight hours per work day or 40 hours per work week. If you work more than 35 hours but less than 40 hours per work week, you are entitled to overtime in addition to your normal rate of pay, unless you work more than eight hours per business day or 40 hours per work week. Divide your total earnings for the work week, including overtime income, by the total number of hours worked during the work week, including overtime. For each additional hour worked, you are entitled to half the regular rate for hours that take time and half, and the full rate for hours that require twice as much time. On a weekly basis, this law requires employers to pay a salary equal to 1 1/2 times an employee`s normal rate of pay after that employee has worked 40 hours for employees aged 16 and over. Weekend or night work does not apply to overtime pay unless it exceeds the prescribed 40 hours. You don`t need to have seven to eight hours of continuous sleep each day. All you have to do is make an effort to sleep seven to eight hours per 24 hours. Breaks can help you refocus and complete a project faster. Your ability to concentrate may improve after you return to work. It depends on the circumstances. National law may contain specific provisions relating to collective agreements on working time or to collective bargaining in general.

This may include provisions specifying which procedural rules apply to agreements providing for a derogation from working time rules (e.g. Rule 23 of the Working Time Regulations 1998, which regulates working time in the United Kingdom). Where appropriate, they should be followed to determine this issue. In the absence of a relevant provision, that provision should be interpreted in the light of the fact that it is intended to ensure that agreements with organisations representing a small number of workers do not remove the protection of the entire workforce. It should not be used to undermine genuine collective agreements. If you are exempt from the RSA`s overtime pay regulations, overtime without pay is allowed. The exemption rules of the RSA are diverse and complex; Your employer needs to follow them closely, as misclassification can prevent you from getting overtime wrongly. In general, managers, administrative, technical, IT and field staff are exempt.

As an exempt employee, your employer can pay you extra if they wish. The additional payment can take the form of a bonus, a lump sum, even time or an hour and a half or additional free time. For example, your employer might have a policy that states that weekly hours greater than 50 are paid to an exempt employee. This means that you will receive your regular salary for 50 hours and the remaining 10 hours will be paid at your normal hourly rate. If you are not exempt from the RSA`s overtime pay regulations and you work more than 40 hours per week, your employer will have to pay the excess hours at 1.5 times your normal hourly rate. If you meet these standards and work more than 60 hours a week, your employer should pay you overtime. In 2021, the federal minimum wage is $7.25 per hour. At this price, you would earn $290 for a 40-hour week. Multiply $7.25 by 1.5 to get the overtime rate, which would be $10.88 per hour. For the 20 hours of overtime worked, you would earn $217.50 on top of your regular weekly salary.

As the U.S. Department of Labor explains, the Fair Labor Standards Act (FLSA) requires that most employees in the U.S. receive at least the federal minimum wage for all hours worked and that overtime pay at least time and half of the normal wage for all hours of more than 40 hours in a work week. However, there are exceptions to these two laws, such as those that apply to certain employees in professional, managerial, administrative and field positions, where working more than 60 hours per week can only be part of the work.