When do I have the right to overtime pay?

Ina Pettersen Jevne

foreignworkers@lomedia.no

Overtime work is defined as any job performed outside of regular working hours. Ordinary working hours in Norway cannot surpass nine hours in 24 hours or 40 hours weekly.

This implies that you must be paid for the additional hours if you work more than nine hours daily. Furthermore, if you perform more than 40 hours per week, you must be paid for the extra hours worked.

Many workplaces have shorter working hours through a collective agreement at the workplace. A collective agreement, for example, may restrict the working day to 7.5 hours per 24-hour interval and the working week to 37.5 hours.

If you work more than 7.5 hours per day or 37.5 hours per week, the extra hours will be considered overtime, even if the legislation states that overtime compensation is only payable after 40 hours. It is advisable to review the guidelines in effect at your workplace.

If you work shifts, on a rota, at night, or on Sundays, your working hours must be shorter. In these circumstances, you should not perform more than nine hours in 24 hours or 38 hours weekly. You have the right to be compensated if you work longer hours than this.

According to the law, you are only entitled to extra compensation if you work more than the regularly scheduled hours. Usually, this is limited to eight hours per day or 40 hours per week. The work schedule may be managed using a shift rota or by determining the average number of hours done over an extended period.

When can I work overtime?

The general guideline is that any job done outside the agreed-upon working hours should be avoided. Agreements, whereby a fixed amount of overtime is performed, are not allowed.

The Working Environment Act states, "Work beyond agreed-upon working hours should be avoided unless there is a particular and time-limited need for it."

This could apply, for example, if absences at work prevent regular day-to-day operations from taking place. Alternatively, there is a risk of damage to machinery or goods if the job is not completed immediately.

Wherever possible, the employer must consult with the elected officials to determine whether the extra work is necessary before beginning the overtime work.

How much should I be paid for working overtime?

If you work overtime, you are entitled to additional compensation equal to at least 40% of your hourly salary in addition to your regular wage.

If your hourly wage is 200 kroner, you are entitled to an additional 80 kroner in addition to your normal wage rate for each hour of overtime; in other words, you must be compensated 280 kroner for each hour of overtime worked.

In some workplaces, employees can take time off in lieu or a comparable amount of hours off on another day. You must, however, earn an extra supplement of at least 40%.

This implies that if you earn 200 kroner per hour, you must be given the 80 kroner extra even if you choose to take time off in lieu.

Some companies are bound by collective agreements that guarantee an overtime rate of more than 40%. Furthermore, some collective agreements provide a higher overtime compensation rate on weekends and public holidays. It might be a good idea to check what arrangements apply at your place of work.

How much overtime can I work?

The normal rule is that an employee cannot work more overtime than:

• 10 hours in the course of a week

• 24 hours in the course of a month (four consecutive weeks)

• 200 hours in the course of a year

Total hours worked (normal working hours plus overtime) must not exceed 13 hours during 24 hours or 48 hours during a week.

Agreement between an employer and the elected representative(s)

Overtime limits may be raised in companies with collective agreements and agreements between the employer and elected representatives. This implies that a written agreement can be put in place to enable an employee to work:

• 20 hours of overtime in a week

• 50 hours of overtime in a month (four consecutive weeks)

• 300 hours of overtime in a year

Under this agreement, total hours worked (normal working hours plus overtime) must not exceed 16 hours during 24 hours.

This agreement on overtime work cannot be forced on the employee unless, in the individual case, the employee has consented.

Agreement with the Norwegian Labour Inspection Authority (Arbeidstilsynet)

In some instances, an application can be filed to the Labour Inspection Authority requesting permission to work additional overtime hours. If such an arrangement has been made with the Labour Inspection Authority, an employee can work:

• 25 hours of overtime in a week

• 200 hours of overtime in 26 weeks

In such instances, the Labour Inspection Authority will pay particular attention to the employee's health and well-being.

Again, this agreement cannot be forced on the employee; in each instance, the employee must have agreed.

Am I required to work overtime?

As an employee, you have the right to be exempted from overtime work for health reasons or weighty social reasons.

The employer must also exempt workers from overtime work if others can postpone or do the job without adverse consequences.

What if I have more than one employer?

The overtime regulations in the Working Environment Act generally apply only to an employee's connection with a single employer. If you work for two separate employers, you have the right as an employee to work more than the lawfully allowed number of hours.

If you have multiple employment contracts with the same employer, they will be treated as a single employment relationship.

What rules apply if I work part-time?

As a part-time employee, you will not always work full days. And, as previously stated, overtime is described as working more than nine hours in 24 hours or more than 40 hours in a week.

If you work more than the agreed-upon number of hours but fewer than the normal number of working hours as a part-time employee, this will be considered extra work.

In this case, you must be paid for the additional work, but you will not typically receive overtime pay for it.

If you work more than nine hours per day or more than 40 hours per week as a part-time employee, you must receive overtime compensation like a full-time employee.

What if I am employed via a staffing agency?

If you are employed via a staffing agency and are hired out by a company, you must be subject to the same terms and conditions as the company's employees. This implies that the company's overtime policies will also extend to employees recruited through hiring companies.

Overtime where average normal working hours are calculated (gjennomsnittsberegning)

In writing, the employer and employee can agree to use an average estimate of working hours. This implies that you will sometimes work more than your normal number of hours and less at others. However, on average, the hours performed should not exceed the legal limit.

Even if working hours are decided by the average number of hours worked, employees are entitled to overtime pay. However, working more than 40 hours per week will not automatically receive extra compensation.

The Working Environment Act provides three kinds of agreements for calculating the average amount of working hours:

Agreement with the employer

This agreement on averaging can last for no longer than one year, during which regular working hours cannot exceed:

- 10 hours per 24 hours

- 48 hours per week

The limit of 48 hours per week can be calculated as an average over eight weeks. Nonetheless, work hours must not exceed 50 hours per week.

Under this arrangement, the employee must be given overtime pay if they work more than 50 hours in a single week and more than 48 hours per week on average over eight weeks.

Overtime must also be paid if an employee works more than 10 hours in 24 hours.

Agreement between the employer and elected representative:

The agreement on calculating average normal working hours may last no more than one year, and ordinary working hours may not exceed:

- 12.5 hours per 24 hours

- 48 hours per week

The limit of 48 hours per week may be calculated as an average over eight weeks. Nonetheless, working hours cannot exceed 54 hours in any single week.

According to this deal, employees must receive overtime compensation if they work more than 54 hours in any given week or more than an average of 48 hours over the course of eight weeks.

Overtime pay must also be paid for employees working more than 12.5 hours during 24 hours.

By agreement with the Labour Inspection Authority (Arbeidstilsynet)

The agreement on calculating average normal working hours may last no more than 26 weeks, during which normal working hours must not exceed:

- 13 hours per 24 hours

- 48 hours per week

The limit of 48 hours per week may be calculated as an average over eight weeks.

Under this agreement, the employee must be paid overtime if they work more than an average of 48 hours per week for eight weeks.

Overtime must also be paid if an employee works more than 13 hours during 24 hours.

If I work overtime, how long should my break be?

Employees who work more than five and a half hours per day are entitled to a break. If an individual works eight hours or more, the break must be at least half an hour long.

Employees who work more than two hours of overtime have the right to an additional half-hour break, and the employee must receive overtime pay during the break.

Employees must take at least 11 straight hours off in 24 hours.

If the employee, elected representative, the Labour Inspection Authority, or the employer have reached an agreement on overtime work that does not work, the employee is entitled to compensatory rest periods. If this is not feasible, other appropriate protection must be provided to the employee.

What should an employee do if they are not paid for overtime work?

If you have not been paid for overtime you have worked, you should first ask your employer why. The explanation could be that the employer can correct a misunderstanding or error.

If your employer is unwilling or unable to pay you the wage you are entitled to, you must take additional steps.

This is what you can do if you are a member of a trade union:

If you are a trade union member, you should seek assistance from your union. Non-union members can also seek advice from a trade union, but the union is not obligated to help you.

If your workplace has an elected representative, you should first contact them. Explain the situation and seek advice on what to do.

You should contact your local trade union if your workplace does not have an elected representative.

This is what you can do if you are not a member of a trade union:

If you are not a member of a trade union, we recommend that you contact a legal adviser/lawyer. The Labour Inspection Authority will also be able to advise you on what you should do.

Do so immediately, or your payment claim may become outdated.

Other organisations such as Fair Play Bygg, Uropatruljen, Caritas, Jussbuss, or the Salvation Army (Frelsesarmeen) can also help you or offer advice.

On January 1, 2022, a new law prohibiting wage theft was enacted. If none of the above suggestions have helped, you can report your employer to the police for wage theft. If this is the case, you should approach a private attorney at law for help.

Sources: The Working Environment Act (Arbeidsmiljøloven), the Labour Inspection Authority (Arbeidstilsynet), the law firm of Lippestad

Translated by Robert Lovering 

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