Article 36

Overtime work

• 1. Overtime work may be performed in the following circumstances:
•  1）By prior arrangement of the employer, irrespective of the employee's consent, in the circumstances and within the limits set out in the next paragraph;
•  2） By prior request from the employer, with the employee’s consent;
•  3）At the initiative of the employee, with prior consent of the employer.
• 2. The employer may arrange the employee to work overtime, irrespective of his/her consent, in the following circumstances:
•  1）When cases of force majeure occur, provided that the daily working hours of the employee does not exceed sixteen hours;
•  2）When the employer faces great loss, provided that the daily working hours of the employee does not exceed sixteen hours;
•  3）When the employer faces an unpredictable increase amount of work, provided that the daily working hours of the employee does not exceed twelve hours.
• 3. The employer is obliged to give the employee a break to rest, pursuant to paragraph 3 of Article 33.
• 4. In the circumstances described in subparagraphs 2) and 3) of paragraph 1, there must be record attesting the consent.

Article 37

Overtime remuneration

• 1. The provision of overtime work pursuant to subparagraph 1) of paragraph 1 of the preceding article shall entitle the employee to receive the normal remuneration for the work performed plus an increase of fifty per cent.
• 2. The provision of overtime work pursuant to subparagraphs 2) and 3) of paragraph 1 of the preceding article shall entitle the employee to receive the normal remuneration for the work performed plus an increase of twenty per cent.
• 3. The overtime remuneration, pursuant to the preceding paragraphs, shall not prejudice the employee’s right to extra pecuniary compensations, especially for night work and shift work.

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