Working Hours and Overtime: Key Rules, Common Mistakes and Fines

Mgr. Jan Pavlík
Mgr. Jan Pavlík
15.4.2026 | ARROWS law firm

Working hours and overtime are among the most frequently breached areas of employment law in practice. Incorrect scheduling, missing documentation, or exceeding statutory limits can lead to substantial fines from the Labour Inspectorate, up to CZK 2,000,000. This article guides HR professionals, team leaders, and business owners through the key rules, explains the differences between the various regimes, and highlights the most common mistakes.

The photo shows a specialist consulting on working hours and overtime.

Key takeaways

  • Working time must be scheduled in writing at least 2 weeks in advance – without a proper schedule, the law is automatically breached, which is the most common reason for inspections by the Labour Inspectorate.
  • The maximum weekly working time is 40 hours; ordered overtime is limited to 8 hours per week and 150 hours per year – exceeding these limits without a proper agreement creates employer liability and gives the employee a right to compensation.
  • Each type of working time scheduling (even, uneven, flexible, working time account) has different rules for obstacles to work and overtime – misunderstanding these rules leads to incorrect wage calculations and legal disputes.
  • Fines for breaches of working time obligations can reach up to  – without expert understanding and implementation of risk controls, a company exposes itself to financial and reputational risk.

Basic legal framework for working time under Czech law

Working time is one of the pillars of employment law under Czech legislation and, at the same time, one of the most frequently problematic aspects from a compliance perspective. The Labour Code defines it as the time during which an employee is obliged to perform work for the employer, or the time during which the employee is at the workplace ready to perform work according to the employer’s instructions. This definition sounds simple, but in practice it involves a number of specifics.

The maximum weekly working time is 40 hours. This rule is the baseline used for all calculations, including annual leave entitlement, overtime and obstacles to work.

However, there are exceptions for certain categories of employees and working regimes. For employees working underground in the extraction of coal, ores and non-metallic minerals, in continuous operations, multi-shift operations or two-shift operations, the set weekly working time is lower – for example, 37.5 hours per week for multi-shift operations. Juvenile employees under 18 may not work more than 40 hours per week, while those under 15 may not exceed 35 hours per week.

However, it is not enough to know only the maximum working time. Equally important is the employer’s obligation to schedule working time into specific shifts and to notify the employee of this schedule. If you are not sure how to set shift schedules so that they stand up to an inspection and any potential dispute, a legal assessment within employment law can help.

The schedule must be in writing and the employee must be informed of it at least 2 weeks in advance, unless agreed otherwise. This seemingly administrative step is one of the most common employer mistakes – we often encounter situations where working time is scheduled orally, too late, or not formally documented at all. The Labour Inspectorate identifies this very issue as one of the most frequent breaches found during inspections. The practical impacts of inspections and recommended procedures for employers are also summarised in the update Employer’s defence against allegations of workplace bullying and discrimination.

The reason for these seemingly strict rules is simple: employees must know in advance when they will work so they can organise their personal lives. The employer must also take into account that the working time schedule must not conflict with the requirements of safe work that does not endanger health. This means working time cannot be set arbitrarily without regard to the employee’s physical and mental workload.

Working time scheduling regimes: What counts and when

The Labour Code provides for four basic working time scheduling regimes. Understanding their differences is critical, especially for the correct calculation of overtime, annual leave entitlement and obstacles to work. For more complex regimes and shift combinations, it is often advisable to set the rules directly in internal documents and employment contracts, which can be supported by the contracts and negotiations service.

Even working time scheduling

This is the simplest and most common case. The employer schedules weekly working time so that it is the same in all weeks – typically 8 hours a day, Monday to Friday, from 8:00 to 16:30. The employee then works the same number of hours each week.

In this regime, the calculation of overtime, annual leave and obstacles to work is relatively straightforward. If the employee works beyond the set length of a shift or beyond the set weekly working time, it is immediately overtime work. An obstacle to work (for example, a doctor’s appointment) is counted as normal working time if wage or salary compensation is payable for it.

Uneven working time scheduling

With uneven scheduling, working time may vary from week to week. For example, 40 hours in the first week and 36 hours in the second week. However, the average working time must correspond to the set weekly working time, within the so-called balancing period, which may be a maximum of 26 weeks (or 52 weeks if agreed in a collective agreement).

With uneven scheduling, overtime is determined only at the end of the balancing period, when the actual time worked is compared with the overall limit. This is also related to the practical setup of rules for different working regimes, discussed in the update Flexible forms of work: when it is no longer work but a legal problem. In practice, this means that an employee may work more than 40 hours in some weeks without it being overtime – provided it is balanced out in other weeks. Obstacles to work are then counted only to the extent that they affected the actually scheduled working time for the relevant day.

Flexible working time scheduling

Flexible scheduling consists of two parts: a core period (set by the employer) and a flexible period (which the employee may choose within the specified time). An example is: core period from 8:00 to 14:00, and the employee may choose the flexible period between 6:00–8:00 and 14:00–18:00.

In the event of an obstacle to work (for example, a doctor’s appointment), only the time overlapping with the core hours counts as time worked. The remaining time is not counted. This rule often leads to misunderstandings. If an employee returns to work during the flexible part, they do not necessarily have to “make up” all the hours—it depends on exactly where the obstacle fell.

Working time account

A working time account is the most flexible, but also the most complex, regime. An employer may introduce it only by a collective agreement or an internal regulation (if no trade union operates within the organisation). Under a working time account, the exact weekly working time is not tracked; instead, the average over the balancing period is monitored.

The employer may schedule work for the employee as needed—50 hours one week, 30 hours the next—and at the end of the balancing period it is assessed whether, in total, the employee has worked as many hours as they are required to. Overtime is determined only at the end of the balancing period.

In practice, we most often encounter incorrect interpretations precisely with these last two regimes. Owners and managers think they mean absolute flexibility, but that is true only to a certain extent—overtime limits and the obligation to notify changes to working hours in advance still apply.

New options: Self-scheduling of working hours

As of 1 October 2023, it is also possible to apply a regime where the employee schedules their own working hours into shifts on the basis of a written agreement with the employer. This is still a relatively new concept that has not yet been widely implemented. However, increased caution applies here—the agreement must be clear, and the employer must be aware that they are relinquishing control over scheduling. All other rules (overtime limits, breaks, rest periods) remain the same.

FAQ: Working time scheduling regimes

1. Can an employer change the working time scheduling regime without the employee’s consent?Only to a limited extent and with the employee’s prior knowledge. For example, a change from even to uneven scheduling is not possible without an agreement with the employee or without the possibility of such a change being set out in an internal regulation or a collective agreement applicable to the employee. By contrast, a one-off change within an already agreed flexible schedule, within the limits of the pre-determined flexible time, is usually permitted.

2. What happens if the employer schedules working hours without prior notice?The schedule is then legally ineffective and the Labour Inspectorate (State Labour Inspection Office) will consider it a breach of the law. The employee may insist on the original schedule. If the employee works according to such an invalidly scheduled working time, it is considered a breach of the Labour Code by the employer, which may lead to a fine of up to CZK 2,000,000.

3. How long a balancing period should the employer choose?The Labour Code allows a maximum of 26 weeks (52 weeks in the case of a collective agreement). A shorter period is, of course, possible. The choice depends on the nature of the work—e.g., seasonal work is suitable for a shorter period.

Overtime: Definition, limits and the most common mistakes

Overtime work means work performed by an employee at the employer’s instruction or with the employer’s consent beyond the set weekly working time resulting from a pre-determined working time schedule and performed outside the schedule of work shifts.

The key words here are “at the employer’s instruction or with consent”. This means an employee cannot decide on their own that they will work overtime—it must be ordered or approved by the employer. If an employee works longer without an instruction or consent, it is technically not overtime work for which the employee would automatically be entitled to compensation (although the employer bears the risk that a court may decide otherwise if it is proven that the employer knew about the work and tolerated it).

Maximum overtime limits

Overtime is strictly limited:

  • Ordered overtime: The employer may order overtime work only for serious operational reasons, including during the uninterrupted rest period between two shifts, as the case may be on consecutive days, or on days of rest. The limit for ordered overtime is a maximum of 8 hours in individual weeks and 150 hours in a calendar year.
  • Agreed overtime (based on an agreement with the employee): The total extent of overtime work may amount to  (or 52 consecutive weeks if specified in a collective agreement).
      This overall limit also includes overtime ordered by the employer. This means that the maximum agreed overtime (including ordered overtime) may reach up to 208 (or 416) hours for the relevant balancing period.

These limits are not recommendations—they are absolute maxima. Exceeding them without a proper agreement or contract may result in the employee’s entitlement to compensation and a fine imposed by the Labour Inspectorate.

Overtime is the exception, not the rule

The Labour Code explicitly states: “Overtime work may be performed only exceptionally.” This means an employer cannot schedule overtime in advance as part of the regular schedule. It is therefore not possible to say: “Monday to Friday, 2 hours of overtime every day.” That would be a breach of the law.

Overtime is ordered only for serious operational reasons—for example, due to a sudden increase in orders, an авария, colleagues’ illness, etc. In practice, we encounter situations where employers address understaffing precisely through “officially” scheduled overtime, which is legally unacceptable. The correct solution would be to offer outsourcing of the work to an external supplier, hire an additional employee, or reorganise the work.

Overtime compensation

Overtime is compensated primarily by wages (the corresponding pay for these hours) and an overtime premium.

For overtime work, the employee is entitled to the wage to which they became entitled for the time worked overtime, and a premium of at least 25% of average earnings, unless the employer and the employee agree on providing compensatory time off in the extent of the overtime work performed. Compensatory time off is possible only with the employee’s consent and must be provided no later than within 3 calendar months after the overtime work is performed, unless agreed otherwise.

For healthcare staff, the general limits apply as of 2024, as the temporary deviations relating to overtime work in healthcare (so-called “super-overtime”) have been abolished.

The most common mistake is that employers pay only the wage corresponding to these hours but forget the overtime premium, or pay it in an insufficient amount. The absence of the premium or its insufficiency then creates potential for a dispute with the employee and sanctions from the Labour Inspectorate.

Table of the most common practical issues

Potential issues

How ARROWS helps (office@arws.cz)

Working hours are not scheduled in writing or are notified less than 2 weeks in advance – the Labour Inspectorate considers this a breach of the law and a fine of up to CZK 2,000,000 may be imposed.

Attorneys from ARROWS, a Prague-based law firm, prepare and review written working time schedules, ensure they are properly retained, and make sure they are communicated to employees in compliance with Czech legislation.

Overtime is not calculated correctly; the employer exceeds the limits or pays only the base wage without the overtime premium – this gives rise to the employee’s entitlement to additional compensation and the risk of litigation.

Attorneys from ARROWS, a Prague-based law firm, carry out an overtime audit, prepare contractual arrangements on limits, train staff, and represent employers in follow-up disputes.

The working time scheduling regime (even, uneven, flexible, working time account) is not clearly set or the rules on obstacles to work are misinterpreted – leading to errors in payroll calculations and legal uncertainty.

Attorneys from ARROWS, a Prague-based law firm, conduct a legal analysis, recommend a suitable scheduling regime, and provide ongoing advice and training for HR and payroll accountants.

An employee is put in a situation where they must work overtime without a proper order, or is forced to work in breach of the limits – risk of reputational damage, occupational health and safety issues, and legal claims.

Attorneys from ARROWS, a Prague-based law firm, assess the situation, prepare legal opinions, liaise with the Labour Inspectorate, and represent the employer in any contentious proceedings.

The Labour Inspectorate carries out an inspection of working hours and records – without proper preparation, there is a risk of a fine and public mandatory remedial measures.

Attorneys from ARROWS, a Prague-based law firm, provide representation during inspections, prepare documentation, communicate with inspectors, and defend against imposed fines and sanctions.

Breaks, rest periods and working time: an important distinction

Many employers are unsure what the difference is between breaks at work and rest periods, and how both are counted towards working time. This is another source of errors.

A meal and rest break at work: The employer is obliged to provide the employee, no later than after 6 hours of continuous work, with a break of at least 30 minutes. This break is not counted as working time – it is time when the employee is not required to work.

Juvenile employees are entitled to a break already after 4.5 hours. The break may be split into several parts, with at least one part lasting at least 15 minutes.

Uninterrupted rest between shifts: The employer must provide the employee with uninterrupted rest between the end of one shift and the start of the next of at least 11 hours within any consecutive 24-hour period.For juveniles, it is 12 hours. This rest is not counted as working time.

Safety break: Unlike a standard lunch break, a safety break (e.g., for drivers) is counted as working time. If a safety break coincides with a lunch break, only the portion corresponding to the safety break is included in working time.

What is counted and what is not counted is critical for the correct calculation of wages and holiday entitlement. Errors here are very common.

Working time records: a statutory obligation and the most common shortcomings

Working time records are one of the most important compliance tools in employment law and, at the same time, the most frequently breached obligation. The Labour Code explicitly imposes on the employer the obligation to keep working time records.

The records must include:

  • Start and end of the work shift
  • Hours worked, including overtime
  • Rest periods and breaks
  • Night work
  • On-call duty
  • Work on days of rest (public holidays)

Key point: The form of the records is not prescribed by law. It may be an Excel spreadsheet, a paper logbook, or a sophisticated electronic attendance system. What matters is that the records are reliable, legible, and kept continuously, not retrospectively.

Incorrectly kept working time records are among the most common reasons for fines imposed by the Labour Inspectorate. Inspectors typically check whether the records match reality and whether all mandatory data are recorded. Many employers keep only “attendance” (when the employee was at work), but not “working time records” (details of start, end, breaks, overtime, etc.). That is not sufficient.

Employees have the right to inspect the records and may make copies. These rights are important for preventing disputes – an employee can verify whether their data are recorded correctly.

The records must be archived for at least 30 years, in particular for pension insurance purposes. Shorter retention could create problems in subsequent inspections or disputes.

FAQ: Working time records and inspections

1. What fines may be imposed for incorrect working time records?The Labour Inspectorate may impose a fine of up to CZK 2,000,000 for breaches of obligations related to working time records. The severity increases if the records were knowingly kept incorrectly or if the data do not match reality at all.

2. Who is responsible for keeping the records – the employer or the employee?The non-transferable obligation lies with the employer. Employees may provide cooperation (e.g., recording their arrivals), but responsibility for proper record-keeping remains with the employer.

3. What happens if the Labour Inspectorate finds that an employee works more than is recorded?The Labour Inspectorate considers this evidence of a breach. The employer must then prove that the employee worked those hours on their own initiative without the employer’s knowledge and contrary to the employer’s instructions (which is, however, very difficult to prove in practice). There is a risk of sanctions and an obligation to pay the employee outstanding wages or overtime premiums.

Employee protection and sanctions

Employment law contains a number of protective mechanisms for employees in the area of working time. The employer must not abuse its right to schedule working time and order overtime.

If an employee reasonably believes that regular overtime work would endanger their health (e.g., due to excessive fatigue or stress), they may escalate the matter.Long working hours and night work can have adverse effects on an employee’s health and safety. Shift work and irregular long working hours can lead to fatigue, which reduces the ability to work safely and increases the risk of accidents and injuries.

The employer is obliged to create safe working conditions and, when scheduling working time, to take into account the requirement for work that does not endanger safety and health. If it fails to do so, it faces fines for breaches of occupational safety obligations.

Overtime work is prohibited or restricted for certain groups of employees. For example, an employer may not order overtime for pregnant employees or for employees (female or male) caring for a child under 1 year of age – it is possible to agree on overtime with them, but it cannot be imposed.

Impact of changes in employment law from 2025–2026

The Czech Labour Code is continuously evolving. As of 1 October 2023, a new option for self-scheduling of working hours was introduced, which changed the landscape of flexibility in organisations. From 2026, further changes are coming, especially in the areas of unemployment benefits and agency employment.

However, for the purposes of working time and overtime, the basic limits and principles remain the same. Readers should be cautious about “innovative” interpretations of the new rules that may appear in practice. Attorneys from ARROWS, a Prague-based law firm, monitor legislative developments and can update your internal policies and procedures without delay.

Final summary

Working time and overtime are not a set of simple rules that an employer can “pick” at will. This is a complex legal framework in which individual scheduling regimes, limits, breaks and rest periods are interconnected, and incorrect application leads to employer liability.

The reality is that the Labour Inspectorate carries out thousands of inspections each year focused precisely on working time and records. The most common breaches are: incorrect or missing written documentation of the schedule, exceeding overtime limits, absence of working time records, and insufficient breaks and rest periods.Each of these breaches may result in a fine of up to CZK 2,000,000.

Understanding these rules is not a luxury – it is a basic prerequisite for operating a business legally and safely. If you are unsure how to apply the rules in your specific situation, or if you are planning to introduce a new working time scheduling regime, you should address the matter with professionals.

Attorneys from ARROWS, a Prague-based law firm, have deep expertise in employment law and can provide you with a legal analysis of your situation, a review of internal regulations, training for your HR team, and, above all, representation if the Labour Inspectorate initiates an inspection. Professional liability insurance up to CZK 400,000,000 gives ARROWS, a Prague-based law firm, the capacity to handle even complex and high-risk cases.

Do not hesitate to contact office@arws.cz – we will be happy to help you create a legally robust working time management system within the limits of your business needs.

FAQ: Working time and overtime

1. What is the difference between an even and uneven working time schedule, and when should I choose which?An even schedule means that the employee works the same number of hours each week (e.g., always 40 hours). An uneven schedule allows different weekly working hours, but on average over the balancing period it must amount to the statutory weekly working time. An even schedule is suitable for stable agendas (offices, services), while an uneven schedule is suitable for seasonal or fluctuating work (construction, operations, sales). The choice depends on the nature of your business. If you are unsure, attorneys from ARROWS, a Prague-based law firm, can help you choose the right regime.

2. Can I order any amount of overtime for an employee?No. Ordered overtime is limited to 8 hours per week and 150 hours per year without an agreement with the employee. The total scope of overtime work (including both ordered and agreed overtime) may not exceed, on average, 8 hours per week over the balancing period (26 or 52 weeks). Exceeding these limits without a proper legal basis creates the employee’s entitlement to additional compensation and the risk of fines. It is advisable to obtain legal advice from ARROWS, a Prague-based law firm, before implementing an overtime system.

3. What happens if I forget to notify an employee of a change in working hours 2 weeks in advance?Notifying the schedule or its change at least 2 weeks in advance is a legal obligation unless agreed otherwise. If you fail to comply, the change to the schedule is legally ineffective. The employee may insist on the original schedule. If the employee is forced to work under the new schedule without consent, this constitutes a breach of the law by the employer, potentially involving the Labour Inspectorate. The Labour Inspectorate may impose a fine of up to CZK 2,000,000. You cannot afford to neglect an emphasis on long-term planning of changes.

4. How long must I keep working time records?You must keep working time records for at least 30 years. This follows from the obligation to archive data for pension insurance purposes. A shorter period is not sufficient. At the same time, you must ensure that records are kept continuously, not retroactively. If you would like your record-keeping system reviewed, contact office@arws.cz – attorneys from ARROWS, a Prague-based law firm, will help you set up the correct process.

5. An employee says they worked overtime, but I do not have it recorded that I ordered it. What should I do?This is a classic situation that leads to disputes. If you do not have a written record of ordering or consenting to overtime work, you will have a problem. The employee typically claims they worked on your instruction (verbally, by text message, etc.). The Labour Inspectorate or a court will then tend to believe the employee, especially if they have any evidence (email, system output, a colleague’s testimony). Without formal documentation, you risk having to pay not only wages but also the overtime premium and any interest. Attorneys from ARROWS, a Prague-based law firm, can help you in such a situation as well – we will prepare a defence, review the documentation, and represent you in any dispute.

6. We have implemented a working time account system, but an employee complains that they sometimes work 50 hours a week. Is that acceptable?A working time account allows uneven scheduling, but the basic overtime limits must still be met. If an employee works 50 hours a week without a clear overtime agreement and without compensation, you risk a breach of the law even with a working time account. You must have a properly drafted overtime agreement that clearly defines its scope and compensation. The total scope of overtime work (including both ordered and agreed overtime) must not exceed, on average, 8 hours per week over the balancing period. If you are unsure whether your working time account system is set up correctly, attorneys from ARROWS, a Prague-based law firm, will conduct an audit and recommend corrective measures.

Notice: The information contained in this article is of a general informational nature only and is intended for basic orientation on the topic based on the legal status as of 2026. Although we take the utmost care to ensure accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client security we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from independent use of the information in this article without prior individual legal consultation.

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