Understanding Working Hours, Breaks, and Overtime Regulations

Working Day and Breaks

1.1 Term of the Day

The working hours agreed in an employment contract are called ordinary hours. Any time exceeding the agreed duration is considered overtime. Working time is measured in hours, using the week as a reference:

• a) Work week: The maximum duration is 40 hours.
• b) Working day: Cannot exceed 9 hours; for minors, the daily limit is 8 hours.
• c) Special days: Days requiring higher or lower than normal working hours, regulated by Royal Decree.

Breaks

Employers must respect the minimum periods of daily and weekly rest provided in collective agreements:

• a) Rest in the day: If the workday is interrupted, a minimum break of one hour is required unless a continuous workday is specified. When the workday is continuous and exceeds 6 hours, employees are entitled to a minimum break of 15 minutes.
• b) Minimum hours of rest: At least 12 hours must pass between the end of one workday and the beginning of the next.
• c) Minimum weekly rest: A minimum of one and a half days of uninterrupted rest, including Saturday afternoon or Monday morning and the entirety of Sunday.

Extraordinary Hours (Overtime)

Overtime consists of hours worked beyond the standard workday. The employer is obligated to register these hours and deliver a copy of the summary to the employee and worker representatives. These hours can be offset with breaks or financial reward in accordance with the collective agreement:

• a) Payment: The minimum amount must be at least equal to the pay for one ordinary hour.
• b) Compensation: If offset by breaks, they must be enjoyed within 4 months of the date worked.

There are two types of overtime:

• Voluntary: Performed at the worker's discretion.
• Binding: Agreed upon in the employment contract and included in collective agreements.

The maximum limit is 80 hours per year, excluding overtime compensated with breaks. It is strictly forbidden to perform overtime for workers under 18 years, night workers, part-time employees (except in cases of force majeure), and during periods of maternity leave or reduced working hours.