One of his employees is suing him because he claims to have worked overtime.
Overtime is the time worked over and above the maximum duration of each employee’s ordinary working day. Workers may not work more than 80 hours of overtime per year (not including those required in cases of force majeure), even if there is an agreement with them or with the workers’ legal representatives.
Overtime is voluntary for the worker, except in cases of force majeure or when it has been expressly agreed with them or with the workers’ legal representatives or is stipulated in a collective agreement. Apart from what has been agreed or what is stated in the contract, if a company proposes to a worker to work overtime, the worker may freely accept or reject its proposal, even if it is a question of finishing the work he/she is carrying out.
If an employee claims or legally contests overtime, in general, the burden of proof of having worked overtime will fall on the employee himself: he must prove all the hours worked (day by day and hour by hour) with the means of proof at his disposal. However, if the overtime is not occasional, but is a regular overtime, it is up to the employer to prove that it has not been worked.
In order to ensure that there is a record of the overtime hours worked, labour legislation obliges all employers to ensure the daily recording of the working day of all their employees, leaving a record of the specific start and end times of each employee’s working day. This recording obligation falls on the company, and liability for failure to do so may result in a fine of up to 7,500 euros per workplace.
Our professionals will advise you on the limits of overtime and on the possible defence in the event of a lawsuit.