Employee Overtime

When It Constitutes Overtime Work by Law

Overtime work is defined quite narrowly under Czech law. It is not just any work beyond an eight-hour workday; it must be work performed by an employee at the employer's instruction or with their consent, exceeding the standard weekly working hours based on a pre-determined work schedule. Furthermore, this work must be performed outside the framework of the scheduled work shifts.

What seems like a simple rule at first glance hides several exceptions in practice. If an employee stays at the workplace without the employer's knowledge, for example, to "make up" time they have already formally worked, it is not considered overtime. Similarly, work performed by an employee to make up for time off that the employer granted at the employee's own request does not count as overtime.

The most common mistake employers make is planning shift schedules in advance in a way that causes employees to work more than their standard weekly hours, and then justifying their actions by claiming the "overtime is planned." This is an incorrect legal interpretation; overtime must not be part of a fixed schedule and cannot be systematically planned. If an employer acts this way, they are breaking the law—whether they realize it or not.

Legal Limits on Overtime – What an Employer Can Do Without the Employee's Consent

The Labour Code allows employers to unilaterally order overtime work within certain limits, without needing the employee's consent. However, these limits are very strict, and exceeding them constitutes an offence.

Limits on Ordered Overtime

An employer can order a maximum of 8 hours of overtime in individual weeks and a maximum of 150 hours in a calendar year. Both limits must be met concurrently—it is not possible to order more than 8 hours in one week or more than 150 hours in the entire year without violating the law.

It is important to note that these 150 hours are counted from January 1 to December 31 of the given year. Crucially, an employer can only order overtime for serious operational reasons. The Labour Code does not specifically define this term, which has led to extensive case law.

Serious operational reasons do not include, for example, "understaffing" that the employer failed to address, or normal fluctuations in workload. Therefore, overtime must not be used by employers as a standard solution for insufficient staffing. To set up internal rules and check compliance with the Labour Code limits, it can be useful to seek support in the area of labour law. If an employer persistently tries to solve staff shortages through overtime, it is a gross violation of the law.

Agreed Overtime – When and How It Can Be Arranged

If an employer needs more than 150 hours of overtime per year, they must reach an agreement with the employee. This agreement does not have to be in writing—it is sufficient for the employee to consent to performing overtime through their actions. In practice, however, it is highly recommended to have a written agreement to avoid disputes. If the agreement exceeds 150 hours per year, it must be in writing.

Limits Also Apply to Agreed Overtime

Even if it is by agreement, the Labour Code does not remove all restrictions. The total scope of overtime—including both ordered and agreed—must not average more than 8 hours per week over a so-called reference period. This reference period normally lasts for 26 consecutive weeks; it can only be extended to 52 weeks if a trade union operates at the company and a collective agreement is in place.

An employee can work a maximum of 416 hours of overtime in a calendar year. Of this, 150 hours constitute ordered overtime, while the remaining 266 hours must be agreed upon—meaning the employee must consent to it, and the employer cannot force them.

An important rule: overtime for which an employee took compensatory time off instead of a surcharge is not included in the limit calculation. For a broader context on setting working hours, overtime, and practical risks, you can also refer to the article flexible forms of work: when it's no longer work, but a legal problem. This practically means that if you provide an employee with a day off for overtime worked, this time does not count towards the 416-hour upper limit.

Remuneration for Overtime – Common Employer Mistakes

Overtime must be remunerated. For every hour of overtime worked, an employee is entitled to their regular wage plus a surcharge of at least 25% of their average earnings. If the employer and employee agree, compensatory time off can be provided instead of the surcharge, in the amount of the overtime worked, but only if this agreement is made explicitly and the employee consents to it.

The Most Common Remuneration Mistakes

Many employers believe that if an employee works overtime within their working hours, they are not owed any surcharge—that paying their regular wage is sufficient. This is an incorrect interpretation; if an employee works outside their regular shift schedule and their weekly working hours are thereby exceeded, it is overtime and must be paid with a surcharge.

Another problem arises when an employer "pre-calculates" overtime into the wage as a lump sum. The Labour Code allows for wages to be agreed upon taking into account anticipated overtime, but only to a limited extent of up to 150 hours per year. It must also be specified how many hours are being accounted for. If the employee works more, a new claim arises.

Particularly in the healthcare sector, the Labour Inspectorate finds that doctors and medical staff sometimes receive only an "irregular" reward for overtime in the form of bonuses, not a direct surcharge. This is a violation of the law.

The overtime surcharge must be paid to the employee no later than the month following the month in which the overtime was worked. If the employee takes compensatory time off, this time off must be granted within three months at the latest, unless otherwise agreed.

Prohibition of Overtime for Certain Groups of Employees

The Labour Code prohibits overtime work for certain categories of individuals, regardless of the seriousness of operational reasons. These primarily include pregnant women, minor employees, and employees caring for a child under one year of age.

Pregnant employees are not allowed to perform overtime work to any extent. If an employer learns of a pregnancy, they must immediately stop all overtime work; otherwise, they are committing a violation of protective measures and face a fine.

Minor employees (under 18) are not allowed to work overtime at all. This rule is absolute. Violation leads to a fine of up to CZK 2 million.

Employees caring for a child under 1 year of age cannot be forced to work overtime. They can agree to it, but the employer cannot order it without their consent. Refusing ordered overtime is justified in this case.

Recording Overtime – What is Mandatory and What Risks an Inspection Poses

The employer is obliged to keep a record of overtime work for each employee. This record must include details on how long the employee worked overtime and whether it was ordered or agreed work. This is not the same as attendance tracking—working hours and overtime must be recorded separately.

In practice, the records should clearly show how many hours the employee worked, how much of that was overtime, and whether any of the legal limits have been exceeded. Labour inspectors routinely request this documentation during audits.

In 2026, Labour Inspectorate audits are particularly focused on employee remuneration, including compliance with overtime rules. The Inspectorate will verify whether overtime is properly recorded and whether employees have received appropriate compensation. If an employer does not keep records or they are incomplete, the Inspectorate can impose a fine of up to CZK 200,000 for the record-keeping violation alone.

An employee has a legal right to inspect their working time records and make copies of them. Many employees use this right to check if the employer is keeping records correctly, and if not, they can file a complaint with the Labour Inspectorate.

Healthcare: Special Rules for Overtime

As of January 1, 2024, new legislation for healthcare workers was introduced in the Czech Republic, allowing for so-called 24-hour "super-shifts." This means that a healthcare professional can, by agreement, work up to 24 hours in a single shift—usually a combination of a regular shift and subsequent overtime work.

This change caused a stir in the healthcare sector. The basic limits still apply to healthcare workers: ordered overtime must not exceed 150 hours per year, and the total scope of overtime must not exceed an average of 8 hours per week.

Only for selected professions in the emergency medical services, based on a written agreement with the employee, is the average weekly limit of 8 hours extended to an average of 12 hours per week, and only for agreed overtime. Even in this case, however, the remuneration rules apply—the worker must receive a surcharge or compensatory time off.

Overtime and Employee Health – Legal Aspects

Recently, increased attention has been paid to the health impacts of long working hours and overtime. Scientific studies show that employees who work overtime long-term face an increased risk of heart disease, stroke, and sleep disorders. The World Health Organization states that long working hours kill hundreds of thousands of people annually.

If an employer violates overtime rules and demonstrably harms an employee's health, the employee can claim compensation for health damages. This means that if an employer persistently forces an employee into excessive overtime and the employee falls ill, they can demand compensation from the employer.

In this context, it is very important for employers to ensure that overtime is truly exceptional and does not form a systematic part of work scheduling. If they do so, they not only violate the law but also expose themselves to potential liability for damage to an employee's health.

Final Summary

Employee overtime is not a trivial administrative matter—it is an area where it is easy to violate the law with serious consequences. Remember four basic rules: (1) An employer can order a maximum of 8 hours of overtime per week and 150 hours per year. (2) Overtime beyond this limit requires an explicit written agreement with the employee, which must not exceed 416 hours per year. (3) All overtime must be properly remunerated with at least a 25% surcharge or compensatory time off. And (4) overtime must be exceptional, not a routine part of work scheduling.

In 2026, the Labour Inspectorate will focus intensively on auditing compliance with overtime rules. Violations carry fines of up to CZK 2 million, regardless of intent. Moreover, employees can claim overtime pay in court.

If you are unsure whether your overtime processes comply with the law, you can safely order a review from the lawyers at ARROWS law firm. We will help you review your records, set up the correct remuneration process, negotiate with inspectors, or defend against fines. Contact us at consultation@arws.cz.