Overtime in the Hospital Public Service (HPS)
Verified 10 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Are you a hospital worker and work overtime? They give rise to the payment of compensation or to a compensating rest. We present you with the information you need to know.
Overtime is the amount of work you do at the request of your department manager exceeding the time limits defined by your work cycle.
The working cycle is the reference period on the basis of which working time is organized.
The work cycle is a reference period of identical duration.
The duration of the work cycle cannot be less than one week, nor more than 12 weeks. Overtime shall be counted over the cycle.
Work schedules are set within the cycle so that your annual work time meets the legal term (1607 hours or less).
The number of hours worked in the weeks making up the cycle can be irregular. In the case of irregular cycles, you cannot work more than 39 hours per week on average on the cycle, excluding overtime, nor more than 44 hours per week, excluding overtime.
Where the working cycle provides for an average working week of more than 35 hours, hours worked in excess of the legal working week shall give rise to RTT.
Hours worked beyond the legal duration, once RTT days have been granted, are overtime.
Overtime worked between 9pm and 7am are overtime at night.
The number of overtime hours you can work is limited under the following conditions:
- You cannot perform more than 240 overtime hours in total per year
- If the your work cycle duration is 1 month or less, you cannot perform more than 20 overtime hours per month
- If the duration of your work cycle is more than 1 month, you can perform a maximum number of overtime hours per month equal to: 240 hours divided by 52 weeks multiplied by the number of weeks in your work cycle (for example, for an 8-week work cycle, you can perform a maximum of 37 hours of overtime per month).
Overtime worked in the context of periodic penalty payments by staff involved in organ removal and transplantation activities shall not be taken into account in the calculation of these ceilings.
Overtime should not lead to more than 48 hours of actual work by rolling 7-day period (i.e. from date to date).
You must have, like any agent, a daily rest of at least 12 consecutive hours and a minimum weekly rest period of 36 consecutive hours.
The number of rest days is set at 4 days for 2 weeks. At least two of them must be consecutive, including one on Sunday.
Overtime shall give rise to compensatory rest or compensation.
The same overtime shall not give rise to both compensatory rest and compensation.
The general conditions for recourse to compensation or compensation shall be laid down by the head of establishment after consulting the social committee of establishment.
An additional hour may give rise to compensatory rest of at least equal duration. This period may be increased by ministerial order when the overtime is worked at night, on a Saturday or day of rest, on a Sunday or on a public holiday.
In the absence of compensation in the form of compensatory rest, an additional hour shall give rise to the payment of a hourly allowance.