Legal Q&A · Employment Law & HR

How much overtime can we order employees to work, and what if they refuse?

Law as at 3 October 2026

Short answer

In Slovakia, you may order an employee to work no more than 150 hours of overtime in a calendar year. With their consent, they may work a total of no more than 400 hours of overtime, and overtime must not exceed an average of 8 hours per week over the reference period. In Czechia, no more than 8 hours per week and 150 hours per year may be ordered; further overtime requires agreement, and total overtime must average no more than 8 hours per week. Employees cannot refuse overtime ordered within the limits of the law. If the law does not permit it in the particular case, for example for a part-time employee or a pregnant employee, refusing it does not constitute a breach of duty.

Work on a contract has taken longer than expected, you are short-staffed and the team needs to stay longer. Employers may order overtime, but both the Slovak and Czech Labour Codes determine when, to what extent and for whom. Within those limits, overtime is binding on the employee; outside them, it is not.

Slovakia: when and how much overtime may be ordered

Under the Labour Code (Act No. 311/2001 Z. z.), overtime may be ordered or agreed only where there is a temporary and urgent increase in the need for work, or in the public interest (Section 97(5)). If there are employee representatives at your workplace, the extent and conditions of overtime must be determined by agreement with them (Section 97(9)). The annual limit is as follows:

The following quotation is reproduced in its original language:

V kalendárnom roku možno nariadiť zamestnancovi prácu nadčas v rozsahu najviac 150 hodín.

§ 97 ods. 7 Zákonníka práce

For healthcare professions, up to an additional 100 hours may be ordered by agreement with employee representatives (Section 97(7), second sentence). Overtime beyond the amount that may be ordered is possible only by agreement with the employee, up to a total of 400 hours per year (Section 97(10)). At the same time, overtime must not exceed an average of 8 hours per week over a period of no more than 4 consecutive months, unless you agree with employee representatives on a longer period of no more than 12 months (Section 97(6)). Average weekly working time, including overtime, must not exceed 48 hours (Section 85(9)). Overtime for which the employee received compensatory time off, and overtime worked on urgent repairs or during exceptional events, do not count towards the annual limit (Section 97(8)).

In its order in case 5Cdo/24/2019 of 25. 2. 2021, the Supreme Court of the Slovak Republic stated that work performed without an express instruction also constitutes overtime if the employer knows about it and accepts and uses its results. Wages and an overtime premium are due even if there was no temporary and urgent need for the work.

Slovakia: who may refuse overtime and how it is paid

According to the same decision, an employee must work overtime if the conditions in Section 97 are met. Refusing lawfully ordered overtime may therefore constitute a breach of workplace discipline. If an instruction is contrary to the law, the employer must not treat refusal to comply as a failure to fulfil a duty (Section 47(3), letter a)).

Overtime cannot be ordered for a part-time employee (Section 97(2)), an employee performing hazardous work (Section 97(11)) or a healthcare professional who has reached the age of 50 (Section 97(12)). A pregnant woman, a parent permanently caring for a child under 3 years of age and a lone parent of a child under 15 years of age may work overtime only with their consent (Section 164(4)). Young workers must not be employed on overtime (Section 174(1)), and overtime may neither be ordered nor agreed under agreements on work outside an employment relationship (Section 223(2)).

Overtime entitles the employee to the wages earned and a pay premium of at least 25 % of average earnings, or 35 % for hazardous work (Section 121(1)). Compensatory time off may be agreed instead of the premium. If the employer does not provide it within the agreed period, or, if no period is agreed, within 4 calendar months after the month in which the overtime was worked, the premium becomes payable (Section 121(3) to (5)). Overtime may be included in wages only by written agreement, up to a maximum of 150 hours per year, and only for managerial employees in the two highest management tiers below the statutory governing body and employees who perform conceptual, creative or methodological work or manage complex processes (Section 121(2)). Breaching these rules may result in a labour inspectorate fine of up to 100 000 euros (Section 19(1), letter a), of Act No. 125/2006 Z. z. on Labour Inspection).

Czechia

Under the Czech Labour Code (Act No. 262/2006 Sb.), overtime is permissible only exceptionally and may be ordered only for serious operational reasons. Ordered overtime must not exceed 8 hours in any individual week or 150 hours in a calendar year (Section 93 of Act No. 262/2006 Sb.). Overtime beyond that amount is possible only by agreement with the employee, and total overtime must not exceed an average of 8 hours per week over a period of no more than 26 weeks, which a collective agreement may extend to 52 weeks (Section 93(3) and (4)).

A part-time employee cannot be ordered to work overtime (Section 78(1), letter i)). Pregnant employees must not work overtime, and employees caring for a child under 1 year of age cannot be ordered to do so (Section 240(3)). Overtime is prohibited for young workers (Section 245(1)). Employees must comply with instructions issued in accordance with the law (Section 301, letter a), of Act No. 262/2006 Sb.), so they cannot refuse lawfully ordered overtime.

Overtime entitles the employee to the wages earned and a pay premium of at least 25 % of average earnings, unless the parties have agreed on compensatory time off. If the employee does not receive compensatory time off within 3 calendar months or another agreed period, the premium becomes payable (Section 114(1) and (2)). Wages that take overtime into account may be agreed only if the amount of overtime is also agreed, up to a maximum of 150 hours per year or, for managerial employees, within the overall overtime limit (Section 114(3)). Ordering overtime beyond the statutory limits may result in a fine of up to 2 000 000 Kč (Section 28(1), letter n), and paragraph 2, letter d), of Act No. 251/2005 Sb. on Labour Inspection).

We will set out overtime rules in a working time policy for both your Slovak and Czech operations through our internal rules and policies service. Recording overtime is discussed in the question on working time records.

This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. How should we group employees into categories, and what is work of equal value? A category comprises employees performing the same work or work of equal value, grouped by the employer according to the criteria of its pay structure. The value of work is assessed against objective criteria independent of sex, in particular complexity, responsibility, effort, working conditions and soft skills, not by job title or department. Where employee representatives operate at your workplace, you agree the criteria with them and consult them on the categories.
  2. Do bonuses, benefits and a company car count towards equal pay? Bonuses and benefits, yes. The Equal Pay Act treats as pay not only basic wages but also other monetary and in-kind benefits the employer provides to the employee, which it calls supplementary pay components. In our view a company car also used privately falls within that definition, although there is no practice on the point yet. The pay report tracks these components separately and they also feed into the pay level an employee may request. Remuneration under agreements on work performed outside an employment relationship also counts as pay.
  3. Can a manager be removed from office without notice, or must we serve notice of termination? In Czechia yes, if you agreed it with the manager in advance: removal from a senior post directly subordinate to the statutory body (or one level below) is permissible, the employment does not end by it and the company must offer other suitable work. The Slovak Labour Code has no such institution: a change of position must be agreed, and where the employment relationship was established only after appointment under an internal regulation, removal is merely a ground for notice. In both countries, what was set out in the management contract on joining is decisive.
  4. A manager gave notice and has stopped coming to work. Can we claim compensation for the notice period? In Slovakia, only if you agreed monetary compensation for failure to remain during the notice period in writing in the employment contract. It may not exceed the employee's average monthly earnings multiplied by the length of the notice period, and if the manager does not pay voluntarily, the court determines the amount in the light of the circumstances. In Czechia such a sanction cannot be agreed, because the Labour Code permits a contractual penalty only where it expressly so provides.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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