Browse By

Can my company force me to work overtime at work?

Related news

First of all, we must start with a specific definition: What are overtime?

As defined by the Workers’ Statute, they are those hours of work that are carried out on the maximum duration of the ordinary working day. For example, if your contract says that your weekly working hours are 30 hours and you are ‘forced’ to do 40, those 10 extra hours can be considered overtime.

It is important that, as a worker, you know if these “extra” hours are mandatory or voluntary. On this point, the law is very clear: In general, overtime is voluntary.unless there is an individual agreement or another circumstance is included in the contract.

It is important to be clear that Its performance is prohibited during the night period, except in the cases of special days extended by regulation or when necessary to prevent and repair accidents or other extraordinary and urgent damages.

Besides, In any case, its performance is prohibited to those under 18 years of age.. For the purposes of calculating overtime hours carried out by the worker, it must be taken into account that The working day of each employee is recorded day by day and is totaled in the period set for the payment of remuneration.delivering a copy of the summary to the worker in the corresponding receipt.

For greater security, you should know that the representatives (union representative, liaison, etc.) They have the right to be informed monthly by the employer of the overtime hours performedwhatever the form of compensation, receiving for this purpose a copy of the summaries.

Since the mandatory registration that companies must have has been established, the start and end of the worker’s day must be includedwithout prejudice to flexible hours, organized and documented through collective bargaining or company agreement or, failing that, by decision of the employer after consultation with the legal representatives of the workers.

With respect to overtime, it must be taken into account that In certain exceptional circumstances, certain overtime hours may be established.“obligatory”.

These are very special cases, and specifically: those that are required by the need to prevent or repair accidents or other extraordinary and urgent damages, such as the risk of loss of raw materials.

It is mandatory for the worker to carry it out. They will not be taken into account for the maximum annual limit of overtime (80 hours) and The maximum number of overtime hours per year to be performed by a worker will be 80. They will not be counted for these purposes. those that have been compensated by rest within the following four months to its realization. Furthermore, they must be paid in the same way as overtime.

Once done, how can they pay for them? The law states that Overtime will be paid financially or compensated with rest by individual or collective agreement.

The amount to be received for each extra hour may in no case be less than at the value of the ordinary hour, although it is possible that they may be compensated for equivalent periods of paid rest. In the event that there is no pact or agreement with the company in this regard, It will be understood that the overtime worked must be compensated by rest within the following four months to its realization; this on a general basis (in any case, you must always keep in mind what is regulated by the Collective Agreement in force in the sector of activity).

And if the company refuses to pay or recognize them, How could they be claimed? Without prejudice to the fact that fundamental proof will be the record of the ordinary work day that the company is obliged to have, in addition – if necessary – it must be able to demonstrate that those extra hours have been carried out.

For it, The best way is with work reports, shift sheets, documents that prove the hours worked., such as e-mails or records, as well as testimony from workers, clients, etc.; Otherwise, those hours cannot be charged.

*Manuel Martínez Mercado is a lawyer.

Follow the topics that interest you