Working beyond normal time may be a necessity or imposition, but few workers know their rights. Extraordinary hours have specific rules regarding payment, limits and compensation at rest. Who can refuse to do supplementary work? How to calculate the value to receive? And what taxes are on this additional income? In this article, we explain everything clearly so that it does not ‘lose’ money for lack of information.
What are overtime hours and who is covered?
Extraordinary hours, also called supplementary work, correspond to all the working time provided beyond normal time. The hours made on weekly rest days and holidays are also included.
The Labor Code states that any worker can do supplementary work, except in specific cases such as pregnant women, parents of babies with less than 12 months, study workers and people with disabilities or chronic disease.
The employer may require the provision of overtime whenever there is an increase in temporary work or urgent situations that may cause harm to the company. However, there are limits to the number of overtime that a worker can do annually, depending on the size of the company.
How many extraordinary hours can you do?
The law determines that in a year, a worker can perform a maximum of 175 overtime hours in a micro or small business and 150 hours on a medium or large company. On working days, the daily limit is two hours.
If supplementary work occurs on a rest or holiday day, the maximum allowed is equal to the duration of normal working hours.
For workers with part -time contracts, the annual limit is 80 hours, or a value proportional to the time of a full -time worker in the same function. The employer must record all the overtime performed and ensure that the worker has access to this information.
Compensatory rest: what guarantees to her?
In addition to payment, supplementary work can be entitled to compensatory rest. If the overtime prevents the worker from enjoying the mandatory daily rest, he must receive a rest period equivalent to the missing hours.
If the work is provided on a compulsory weekly rest day, the worker is entitled to a full day of compensatory rest, to enjoy in the following three working days.
This right is essential to ensure that the worker does not suffer from excessive fatigue and that his well-being is not harmed by overwork. The company must ensure that compensatory rest is granted within the legal deadline.
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How much is an extra hour?
Payment of overtime depends on the day they are made. On business days, the first overtime should be paid with an increase of 25% over the normal time, and the following with an increase of 37.5%.
If supplementary work occurs on a weekly rest or holiday, the increase is 50% for each hour worked.
The calculation of the amount receivable is based on the monthly salary of the worker, divided by the number of hours of normal working hours. The company must inform the worker about the amount of overtime before its realization and guarantee the correct payment.
Taxes and Social Security: What discounts?
Extraordinary hours are subject to IRS, being considered work performance. The company retention at the source on the total amount received, applying the same rate it uses for the base salary. The discounted amount may influence the worker’s tax echelon and, consequently, the final amount to pay or receive in IRS.
In addition, as the extraordinary hours also count for social security discounts, at the rate of 11%. This means that while increasing the worker’s performance, they also contribute to their reform and other social benefits.
Conclusion
Working beyond normal time may be inevitable, but it is essential that the worker knows his rights to ensure he is properly offset. Extraordinary hours have specific rules regarding payment, limits and compensatory rest.
If the employer requires supplementary work, he must ensure that he respects the legislation and that the worker receives what is due to him. Knowing these rules can make a difference between losing money or being just rewarded by the extra effort.
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