NOTE: View the rules regarding overtime according to the new CLA hospitality.
The following was included in the CLA hospitality regarding overtime. Overtime is calculated on an annual basis. If you work more than agreed, there are two possibilities: either you get the hours back as time off or these hours are simply paid out.
Overtime
Overtime only occurs if you have worked more than an average of 38 hours per week in a calendar year (i.e., 1 January – 31 December) (38 x 52 = 1,976). Taken (paid) leave days and (paid) holiday weeks may be added to this number for 7.6 hours per standard day and 38 hours per standard week, respectively.
Compensation
The overtime worked must be compensated in time or money. Article 3.12 of the CLA hospitality stipulates that overtime in the form of time off (for each overtime hour, one hour of time off) must be compensated in the following period of thirteen weeks (i.e., in the months January to March) after the relevant calendar year.
If it is not possible to compensate all overtime within the 13-week period in time off, then the remaining overtime must be paid out within 4 weeks after these 13 weeks:
- the first 2,184 overtime hours at 100% of the hourly salary; and
- the remaining overtime hours at 150%.
Are you obliged to work overtime?
In principle, yes, unless your interest outweighs that of your employer. It is advisable to save as few extra hours worked as possible and to make good agreements with your employer about compensation in time off or payment. It is also important to keep track of your overtime yourself.
Note: if you are not covered by the CLA and your contract stipulates a fixed number of hours per calendar year, overtime is calculated directly at the end of the calendar year (a longer period is no longer possible). If nothing is stated in your contract about this, then overtime is calculated per week. You will be paid these overtime hours in the next payment term. In both cases, compensation takes place at 100% of the hourly salary in time or money. Compensation in time off is not regulated by law, it is always paid in money. You can discuss with your employer how this compensation takes place.