Many employees stay on for additional hours without knowing whether they are payable or part of their duties, then find on claiming that they have no evidence of what they worked. This is no small matter, since two hours a day over several years amounts to a substantial sum. Labour Law No. 6 of 2010 regulates working hours and overtime with mandatory limits that cannot be contracted out of. This article answers the practical questions in this area with particular attention to proof, which is where most claims are lost.
Limits on Working Hours
Matters begin with the ceiling that may not be exceeded:
- Daily and weekly limits: the law fixes maximum daily and weekly working hours, and anything beyond counts as overtime attracting pay.
- Rest breaks: rest periods are not counted as working hours, and an employee may not work more than a defined continuous period without rest.
- Ramadan: working hours are reduced for Muslim employees as the law provides.
- Intermittent and preparatory work: subject to particular rules that may differ from the general position.
- Prohibition on working in the sun: work in open areas is prohibited during defined hours in summer months under the governing decisions, and breach is among the most commonly recorded violations on inspection.
When Work Counts as Overtime
The essential condition determining most disputes:
- Exceeding the limit: every hour beyond the statutory limit, or the agreed limit where lower, counts as overtime.
- Instruction required: overtime must be worked on the employer's instruction or with their knowledge and acceptance. An employee remaining of their own accord without need is not entitled to pay.
- In writing: a written instruction stating the need and duration is required in principle, and its absence makes proof difficult for the employee and exposes the employer to violation.
- Maximum limits: overtime may not exceed daily and annual limits fixed by law. It is not open-ended.
- Right to refuse: an employee may refuse overtime outside the cases the law prescribes, and refusal may not be treated as grounds for a penalty.
Calculating Overtime Pay
The arithmetical aspect most frequently asked about:
- Ordinary overtime hours: the employee receives the ordinary hourly wage plus an additional proportion fixed by law, being one quarter in the ordinary case.
- Work on the weekly rest day: attracts a higher rate together with a compensating rest day.
- Work on public holidays: attracts a doubled rate as the law provides, since the holiday is paid in any event.
- Basis of calculation: overtime is calculated on the wage with its permanent components rather than the basic alone.
- No substitution in kind: overtime pay may not be replaced by benefits in kind or promises of promotion without valid consent.
Weekly Rest and Public Holidays
- Weekly rest: an established right on full pay. An employee may not be deprived of it, nor may it be accumulated over long periods save as the law permits.
- Public holidays: the employee receives full pay without working, and where they work they receive the prescribed additional payment.
- Holidays falling within leave: public holidays are not counted as annual leave days, a frequent source of dispute.
- Compensating rest day: where an employee works on their rest day, a substitute day must be granted alongside the financial payment.
Proving Overtime
Most claims are lost here, so this deserves particular attention:
- Attendance records: the strongest evidence, held by the employer, and refusal to produce them is construed in the employee's favour within reason.
- Electronic time records: strong evidence, and employees should request a statement of their record periodically.
- Correspondence: messages instructing the employee to stay or complete a task outside hours, often the only evidence available to an employee.
- Testimony: colleagues' evidence of the practice followed.
- Circumstances: the nature of the work, delivery deadlines, and building access records.
- Personal log: employees should record their hours contemporaneously in a personal log. While not conclusive, it supports the account and demonstrates its seriousness.
Frequently Asked Questions
- May a wage be agreed as inclusive of overtime? An agreement derogating from the statutory minimum is void, and inclusivity for unspecified hours is not recognised.
- Does travel time count as work? This depends on the nature of the work and whether travel forms part of the task.
- Am I paid for being on call outside hours? Where availability genuinely restricts your freedom this is arguable and is best regulated in the contract.
- What if I refuse overtime? Refusal outside the prescribed cases is a right and cannot be penalised.
- How long do I have to claim overtime? Subject to employment limitation periods, so do not defer claims for years.
Practical Guidance
- Request overtime instructions in writing even by message rather than relying on oral requests.
- Obtain your attendance or time record statement periodically.
- Record your overtime daily in a personal log with the date and a description of the task.
- Do not sign payslips confirming receipt of overtime pay you did not receive.
- Employers should regulate overtime by written orders and precise records, which protects against inflated claims.
- Review your internal rules for consistency with the statutory limits, as breach is readily detected on inspection.
Overtime is a right clear in the text and difficult in proof, and documentation is what separates the two. Yamnak Law Firm advises on regulating working hours and internal rules and represents employees in overtime claims and employers in defending claims unsupported by evidence.
