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Does working beyond normal working hours always entitle an employee to additional pay? And what happens when an employee decides to work beyond their scheduled hours without express instructions from their employer?
In an article published in RH Magazine, Tomás Ribeiro, Associate in the Labour practice at CCA Law Firm, examines the circumstances in which overtime pay is legally required and situations where overtime undertaken on an employee’s own initiative may not give rise to such an entitlement.
In this context, he notes that “the mere fact that work is performed outside normal working hours does not, in itself, make overtime pay legally due”.
The article examines the criteria established under the Portuguese Labour Code, particularly the requirement that overtime must either have been expressly authorised in advance by the employer or performed in circumstances where the employer could not reasonably have been expected to object.
Tomás Ribeiro also highlights the importance of assessing each situation in light of factors such as the urgency of the tasks, established deadlines, management’s awareness and the practices normally followed within the company.
Finally, the article emphasises the need for organisations to establish clear internal rules on overtime authorisation and to expressly address instances of unauthorised overtime of which they become aware, preventing their tolerance from being interpreted as a lack of objection.
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- RH MAGAZINE