See the changes to the calculation of overtime according to the new labor law

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With the changes in labor laws, it is perfectly normal for many doubts to arise in the minds of entrepreneurs with employees on the payroll. One of them was the calculation of overtime, which is currently done differently. Don't worry! This text was developed to answer your questions on the subject.

What changes?
According to the CLT (Consolidation of Labor Laws), an employee can work up to two hours more than those stipulated in the contract. Since most of the time the working day is 44 hours per week and eight hours per day, this means that your employee can work up to 10 hours per day.

The number of hours worked per week (44 hours) and per month (220 hours) remain unchanged. However, the daily workday can be increased to up to 12 hours under one condition: there must be a 36-hour botim database before the 12-hour workday can be repeated. In this case, overtime is not counted if the monthly and weekly workload is maintained.

In practice, this change applies especially to those who work in the health sector, in oil tankers and other similar services. Therefore, an employee who works conventional hours is not subject to this rule, even if it is not necessary.

What are the benefits for employers?
This change brings some advantages to entrepreneurs and helps protect them from legal problems due to overtime. One of them is the fact that the new law describes what can and cannot be considered working hours.

For example, some workers tend to stay late at work to avoid rush hour or even to wait until they have to go to college. It may seem obvious, but it is important to clarify that this period does not count as overtime since it is not actually worked.

It is important for employers to be aware of this issue, as some losses may be incurred if employees clock in at the time they are leaving and count this extra time. If the case ends up in labor court, the employer is responsible for proving that there was no overtime. Therefore, avoid employees from staying on company premises after work hours.

Another important aspect of the change concerns the time spent by employees to travel from home to the office and from the office to home. Previously, this period was considered working time, but now it is no longer. Some other periods continue to be counted as working time, such as bathroom breaks and short coffee breaks.

How to calculate overtime?
There are not many changes regarding the calculation of overtime. If the employee actually works longer hours, 50% of the normal hourly rate must be added to each hour worked. Let's demonstrate this with an example.

An employee who works 220 hours per month (eight hours per day and 44 hours per week) and earns R$2,200, receives R$10 per hour when we divide this amount by the number of hours worked in the month. Therefore, 50% of this hour is R$5 and, therefore, the overtime is R$15.

In cases where the hour occurs between 10pm and 5am, there is also a 20% increase on the hourly rate. In the example given above, the employee receives R$17 per hour of overtime.

For cases of work on weekends and holidays, the value must be double the hourly rate, that is, an increase of 100%. Thus, if the employee earns R$10 per hour, on these days, the value per hour becomes R$20.

This is not a difficult calculation to make once you know the rules, but it can be complex depending on the situation. If you need help, look for a lawyer or a consultant specializing in labor matters in your area and get specialized help.