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.

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