Overtime is work in excess of the limits for ordinary working hours. Employees are entitled to additional pay for overtime work. Overtime cannot be a regular arrangement, and the employer can only use overtime in special situations.
Overtime
What is overtime?
Overtime is work in excess of the limits for ordinary working hours. The limits for ordinary working hours are normally
- 9 hours per 24-hour period
- 40 hours per 7-day period
Employees who work in excess of the limits of ordinary working hours, are said to work overtime.
The limits for ordinary working hours per 7-day period may be lower for some workers. Examples of such groups include
- some types of shift workers
- rota workers who work Sundays and holidays
- workers who work at least every third Sunday
- workers who perform tunnel driving work
- workers who primarily work at night
These groups normally have a limit of 36 or 38 hours per 7-day period. See which groups have a lower limit in Section 10-4 (4) and (5) of the Working Environment Act.
Some industries may have a lower limit due to general application of collective agreements. See which industries have general application of collective agreements.
Agreed working hours and additional hours
What are agreed working hours?
Many workplaces have agreed shorter workdays and work weeks than the limits of ordinary working hours. The employment contract shall specify the number of working hours per work day and per week. The agreed working hours are the working hours specified in the employment contract.
What are additional hours?
An employee who works more than the agreed working hours, but whose working hours are still within the limits of ordinary working hours, is said to work additional hours.
Many employees are entitled to overtime pay even when they are working additional hours. This could, for example, be specified in their employment contract or in a collective agreement. For employers to order additional hours, the conditions for overtime work must be met.
Example of additional hours
One example of additional hours is when an employee works 8 hours and 30 minutes one day, but their agreed working hours are 7 hours and 45 minutes. These additional 45 minutes are additional hours, not overtime. The additional work does not become overtime until the employee has worked more than 9 hours.
If the employee has a flexible hours arrangement, additional hours worked add to their balance. The employee can then take this time off at a later date.
When is overtime permitted?
Overtime cannot be a regular arrangement. An employer may only order employees to work overtime if there is an exceptional and time-limited need for it.
Such exceptional needs include
- under-staffing due to absence. There must be a risk that the under-staffing may disrupt ordinary operations.
- situations where there is a risk of damage to plant, machinery, raw materials or products
- unexpected demand for work
- increased demand for work due to seasonal fluctuations or shortage of labour with specialized skills or expertise
In addition, the need must be time-limited. This means that overtime cannot be made a regular arrangement. The employer must implement measures to reduce the need for overtime.
How much overtime can an employer order?
In cases of exceptional and time-limited need, the employer may order employees to work up to
- 10 hours overtime over a 7-day period
- 25 hours overtime over a period of 4 consecutive weeks
- 200 hours overtime over a 52-week period
What is meant by a 7-day period?
The 7-day period must be a fixed period. This means that the employee can, at maximum, work 10 hours of overtime in a pre-defined period.
Most commonly, this period follows the calendar week, but other fixed periods can also be agreed. Another option could be from Wednesday one week to Tuesday the next week. The period is fixed, which means the employer cannot redefine the period from week to week.
What is meant by 4 consecutive weeks?
The period of 4 consecutive weeks is ongoing. This means that employees can only work, at maximum, 25 hours of overtime in any 4-week period.
Every week, the employer must therefore stay informed about how much overtime work the employees have put in in the last 3 weeks.
What is meant by the 52-week period?
The period of 52 weeks is a fixed period. This could, for example, be
- from 1 January to 31 December the same year
- from 1 April one year to 31 March the next year
In this period, an employee may not exceed the limit of 200 hours of overtime work.
Limits on how much an employee may work
Even if the employer orders an employee to work overtime,
- cumulative working hours cannot exceed 13 hours per 24-hour period
- the average cumulative working hours in an 8-week period cannot exceed 48 hours per week
This means that the employee may work more than 48 hours in a single week, provided they work proportionately less in another week.
Extended limits for overtime
Some workplaces may, on certain conditions, have extended limits for overtime. This includes if
- the employer and employee representatives in an undertaking bound by collective agreement, agree on extended limits for overtime
- the employer has been granted permission by the Norwegian Labour Inspection Authority to extend the limits for overtime
- the employer and central employee representatives in a trade union with right of nomination (a trade union with more than 10,000 members) have negotiated a collective agreement with extended limits for overtime
Remember that overtime work within the extended limits can only be assigned to an employee who is willing to work.
How much overtime can you agree with the employee representatives?
In workplaces bound by a collective agreement, the employer and the employee representatives may negotiate a written agreement concerning extended limits for overtime. They can agree on up to
- 20 hours overtime over a 7-day period
- 50 hours overtime over a period of 4 consecutive weeks
- 300 hours overtime over a 52-week period
Calculating overtime periods
What is meant by a 7-day period?
The 7-day period must be a fixed period. This means that the employee can, at maximum, work 20 hours of overtime in a fixed period of 7 days.
Most commonly, this period follows the calendar week, but other fixed periods can also be agreed. Another option could be from Wednesday one week to Tuesday the next week.
What is meant by 4 consecutive weeks?
The period of 4 consecutive weeks is ongoing. This means that employees can only work, at maximum, 50 hours of overtime in any 4-week period.
In any given week, therefore, the employer must stay informed about how much overtime work the employees have put in in the last 3 weeks.
What is meant by the 52-week period?
The period of 52 weeks is a fixed period. This could, for example, be
- from 1 January to 31 December the same year
- from 1 April one year to 31 March the next year
In this period, an employee may not exceed the limit of 300 hours of overtime work.
Limits to ensure employees do not work too much
Even if the employer orders an employee to work overtime, the cumulative working hours cannot exceed 13 hours per 24-hour period. The employer and employee representatives may also agree exemptions from the rule of cumulative working hours, but employees may not work more than 16 hours per 24-hour period.
In addition, average cumulative working hours over an 8-week period cannot exceed 48 hours per week. This means that the employee may work more than 48 hours in a single week, provided they work proportionately less in another week. Under no circumstances, however, may cumulative working hours exceed 69 hours in any single week.
Remember that employees who have reduced off-duty time, need compensatory rest
Employees who work so much overtime that they have less than 11 hours of continuous off-duty time in a 24-hour period (reduced off-duty time), are entitled to as much compensatory time off as they have lost. Read more about daily and weekly off-duty time.
How much overtime can the Labour Inspection Authority grant you?
Undertakings can apply to the Labour Inspection Authority for permission to use extended overtime in special situations. The Labour Inspection Authority may permit up to
- 25 hours of overtime in a 7-day period
- 200 hours of overtime in a 26-week period
Cumulative overtime hours in a 52-week period must never exceed 400 hours.
Apply to the Labour Inspection Authority for extended overtime limits
Calculating overtime periods
What is meant by a 7-day period?
The 7-day period must be a fixed period. This means that the employee can, at maximum, work 25 hours of overtime in a fixed period of 7 days.
Most commonly, this period follows the calendar week, but other fixed periods can also be agreed. Another option could be from Wednesday one week to Tuesday the next week.
What is the calculation period for an extended annual limit?
Undertakings have 200 overtime hours per employee at their disposal from the beginning of the 52-week period (annual limit). To limit the strain on workers, the Labour Inspection Authority normally does not grant permission to extend the annual limit during the first half of the 52-week period (first 26 weeks).
If your period follows the calendar year, this means you will normally not be granted an extended annual limit until after 1 July (after the end of the first 26-week period).
Limits to ensure employees do not work too much
Even if the employer orders an employee to work overtime, the cumulative working hours cannot exceed 13 hours per 24-hour period. The employer and employee representatives may also agree exemptions from the rule of cumulative working hours, but employees may not work more than 16 hours per 24-hour period.
In addition, average cumulative working hours over an 8-week period cannot exceed 48 hours per week. This means that the employee may work more than 48 hours in a single week, provided they work proportionately less in another week
Remember that employees who have reduced off-duty time, need compensatory rest
If an employee has worked so much overtime that they have reduced off-duty time (less than 11 hours of continuous off-duty time in a 24-hour period), they are entitled to as much compensatory time off as they have lost. Read more about daily and weekly off-duty time.
Trade unions with right of nomination (more than 10,000 members) may negotiate a collective agreement with extended limits for overtime, see Section 10-12 (4) of the Working Environment Act (lovdata.no).
Remember that you must always ensure that working hours are safe and appropriate, taking into account the health, well-being and safety of all employees. Read more about safe and appropriate working hours (Norwegian only).
Overtime compensation
When performing overtime work, the employee is entitled to a premium of at least 40 percent of the agreed hourly rate. In other words, it is not legal to agree a premium lower than 40 percent.
The employer and employee may agree a fixed salary increase to compensate for overtime pay. In this case, the agreement must clearly specify what is ordinary salary and what is overtime compensation. The agreed overtime compensation must, as a minimum, match the mandatory overtime compensation.
It is possible for employees to agree with the employer to take the overtime hours as compensatory leave, either in full or in part, at an agreed time. This agreement must be made in writing. In any event, the employee must be paid the overtime compensation of at least 40 percent.
Are you an employee who has not received overtime compensation or pay? Read more about what to do
Collective agreements often grant better rights than those provided by law. Common examples include
- overtime compensation exceeding 40 percent
- higher rates for unsocial working hours, such as evenings, nights, weekends and holidays
- right to overtime pay when working in excess of agreed working hours
- right to overtime pay when working in excess of 37.5 hours per week, instead of the 40 hours, which is the mandatory limit for ordinary working hours
Exemptions from overtime rules
The rules concerning working hours and overtime normally apply to all employees, but the Working Environment Act grants exemptions to employees in
- senior posts
- particularly independent posts
What are the characteristics of senior and particularly independent posts? (Norwegian only)
Exemption from overtime and additional hours
In some cases, employees have the right to be exempted from work in excess of agreed working hours:
Employees have the right to be exempted from additional hours and overtime work for health reasons. In case of a short-term exemption, employees are not required to present a medical or health certificate or similar documentation. In case of long-term exemption from additional hours and overtime work, the employer may demand that the employee present a medical certificate.
Employees have the right to be exempted from additional hours and overtime work for weighty social reasons. Examples of weighty social reasons include caring for young children, major family events, etc.
Employees may ask to be exempted from overtime work for any reason. The employer must granta request for exemption of the work without risk can be postponed or be carried out by someone else.
Dispute resolution and terms
Sometimes, employers and employees disagree on whether the employee can be exempted from working in excess of the agreed working hours. In this case, they may bring the matter before the Dispute Resolution Board (Norwegian only) (nemdene.no).
The term for initiating proceedings in the Dispute Resolution Board is four weeks from the date on which the employee received a written rejection of their request for exemption from the employer.