Permissibility of Overtime Work

The Labor Code permits overtime work only in two special cases. The first is the necessity to carrying out a rescue operation to protect life, health, property or the environment, or to eliminate a fault. The second case concerns the occurrence of the employer’s special needs that justify additional work. The employer is responsible for assessing whether these needs exist, and this requires issuing an order for overtime work. However, in practice, employees often work beyond regular working hours without the employer’s knowledge, especially in remote work settings.

Overtime Pay

According to regulations, overtime work is allowed when there are special circumstances on the employer’s part. In principle, the employer should issue an order for overtime work. However, even without a clear order, employees are entitled to overtime pay if the work was performed with the employer’s knowledge. In such cases, the employer’s tacit consent is sufficient to consider the overtime legal.

Employer’s Tacit Consent

The courts accept that the employer’s failure to respond to an employee working overtime may be considered tacit consent. The Supreme Court rulings indicate that an overtime work order does not have to be written; awareness of the employer suffices.

Overtime Compensation Rules

To classify work as overtime, the employer must be aware of it. Unauthorised work after hours or completing remote tasks without informing the supervisor does not justify compensation. Even if company regulations require written orders, employers should note that oral or implied consent can also lead to compensation obligations.

Summary

The Labor Code clearly defines the circumstances in which overtime is allowed, and the responsibility for issuing such orders rests with the employer. Even if no explicit order is given, the employer may still be required to pay overtime if they were aware of the work being done and did not object. The awareness of the supervisor and the actual completion of tasks by the employee distinguishes overtime from simply being on standby. In practice, it is important for both parties to ensure clarity regarding overtime policies to prevent potential disputes.