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 (lovdata.no).

Some industries may have a lower limit due to general application of collective agreements. See which industries have general application of collective agreements.

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.

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.

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).

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

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.