Overtime work refers to labor performed by an employee outside of their established working hours, either by direct order or with the knowledge and non-opposition of the employer. It is important to note that overtime is generally prohibited and is only permitted under exceptional circumstances, as specifically outlined in the Labor Code. Additionally, the possibility of overtime work can be explicitly excluded in an individual employment contract.
Limitations on Overtime Work
The duration of overtime work for an employee in a calendar year cannot exceed 150 hours. However, through a collective labor agreement, this limit may be extended, but it must not exceed 300 hours per calendar year. The maximum duration of overtime work is further restricted to:
- 30 hours of daytime or 20 hours nighttime work per calendar month,
- 6 hours of daytime or 4 hours of nighttime work per calendar week,
- 3 hours of daytime or 2 hours of nighttime work over two consecutive workdays.
These restrictions do not apply in the cases specified under Article 144, points 1 to 4 of the Labor Code.
When overtime work spans both weekly rest days (with daily calculation of working time), employees are entitled to increased pay and a continuous 24-hour rest period during the following workweek. They are also entitled to a continuous daily rest period of at least 12 hours.
Bulgarian Labor Law prohibits overtime work for specific employee groups.
Employee Right to Refuse Overtime:
Employees have the right to refuse overtime work if Labor Code rules, other regulations, or collective labor agreements are not followed.
Employer Overtime Work Requirements:
Employers must formally issue an overtime work order at least 24 hours in advance, maintain a record of all overtime work performed, and report total annual overtime work to the Labor Inspectorate.
Overtime Work Compensation:
Overtime work compensation is determined by agreement between the employee and employer but cannot be less than 50% for work on regular workdays, 75% for work on rest days, 100% for work on public holidays, or 50% for work calculated under a cumulative working time scheme.
Conclusion:
Overtime work regulations in Bulgaria balance employer needs with employee rights. By understanding limitations, prohibitions, and compensation associated with overtime, both employers and employees can ensure fair and lawful work arrangements.
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