Tick-tock, tick-tock… Time doesn’t always feel the same: sometimes it flies by, sometimes it drags on. But in labor law, every hour counts, especially when it becomes overtime.
Beyond the legal 35 hours per week, every hour of overtime must be paid at a higher rate or compensated with time off. First, the collective agreement applies; If the collective agreements binding the company do not provide for any specific provisions, the Labor Code sets a rate of 25% and then 50% after the first eight hours of overtime.
However, overtime is only payable when it has been requested by the employer or is clearly necessary for the performance of the task.
In case of litigation relating to overtime, the evidence of the hours performed is always at stake. The employee must provide specific details, but the employer must respond with the same accuracy. As a result, time that is poorly recorded can then become time that is disputed…
Ultimately, overtime reminds us that, in labor law, time never passes randomly. It is measured, increased, and secured.
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