Overtime must be previously requested by the company. (That is to say that if employee works voluntarily more hours cannot claim that this time counts as overtime).
On the other hand, even if the overtime is requested by the company, it is voluntary for the employee (unless case of “force majeure” without prejudice of its compensation as overtime).
Overtime hours may be paid (with a salary higher than ordinary hours) or compensated with resting days within the period indicated in the agreement or the individual contract.
The maximum number of overtime hours is 80 hours per year; exceeding this maximum limit is against the law. Overtime compensated by resting time is not counted for limit purposes.
Control of overtime has been a constant objective for the Labor Inspection. Therefore, the Law requires companies to have a record of overtime. Currently, daily registration (As of May 12, 2019)
Irregular distribution of working hours
(if the total amount of hours per year is 1780, then company can distribute 178 hours in a different way)
The company can distribute 10% of the working day differently from the one initially planned. The employee must provide a greater number of hours of service for certain periods within the year as long as it is compensated with fewer hours in other periods. Therefore, the punctual excess of hours will not be considered overtime.
This irregular distribution must respect in any case the minimum daily and weekly rest periods and the employee must know with a minimum notice of five days in advance.
This is a solution for workload fluctuation within companies and it is known as the Bag hours. And it needs to establish a way of compensation in case or excess or default hours.
This irregular distribution of 10%, must be based on necessity and revert to utility for the operation of the company, so this decision may be subject to judicial control. The company must give the worker advance notice at least five days in advance.
In any case, apart from being a good solution to meet company needs in certain cases, it is also a nice tool to offer employees higher level of flexibility and to balance work and family life.