The Consolidation of Labor Laws (CLT) establishes a minimum limit of 2 hours per day in overtime. However, it is common that, within the private sphere, there are overtime hours that exceed the limit, but which are done by agreement with the worker. Either way, the workday needs to remain at 8 hours a day or 44 hours a week. Therefore, any permanence within work activities longer than this limit is considered overtime.
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In addition, it is worth noting that each company deals with overtime in a different way, in terms of rewarding the worker. Thus, many pay for each additional period of work, while others offer time off for overtime. However, workers are not always interested in extending their workload, but are afraid of refuse to work overtime and have doubts.
Refusal is possible depending on the reason for requesting overtime, which also varies depending on the type of work. Thus, when overtime is not configured due to a major and urgent cause, the worker may refuse to do it.
After all, this is what the CLT says in its article 501, when it defines the term “emergency service”. According to the legislation, it means “every inevitable event, in relation to the will of the employer, and for the realization of which this did not occur directly or indirectly”.
For example, a doctor on duty who needed to help a patient in an emergency just as he was about to leave. Or a mechanic in a factory that has a machine breakdown at the last moment would also need to stay after hours. This is because, when refusal causes damage or loss to the company, there is the possibility of waiver as provided in the contract.
In addition, it is worth noting that not all jobs done outside your working hours are configured as overtime. For example, sending messages to colleagues and managers about a work issue, as long as it is not e-mails and meetings.
Commuting periods both to and from work are also not considered, in addition to the minutes of tolerance that vary according to the company. However, it is also the right of the worker to oppose the request for overtime when there is the possibility of another employee performing the function and the situation is not an emergency.
