Every EU country follows the same working time framework, yet the price of an overtime hour differs wildly: in Germany the law guarantees no premium at all, while in Latvia every overtime hour legally costs double. Here is how overtime works across Europe in 2026.
The common EU baseline
The EU Working Time Directive sets limits that apply in all member states:
| Rule | Limit |
|---|---|
| Maximum working week (incl. overtime) | 48 hours on average |
| Reference period for the average | typically up to 4 months |
| Daily rest | at least 11 consecutive hours |
| Weekly rest | at least 24 hours (+ the 11h daily rest) |
| Paid annual leave | at least 4 weeks |
Member states decide themselves how much extra overtime costs - and that is where the differences begin.
Overtime premiums by country
| Country | Overtime threshold | Statutory premium |
|---|---|---|
| France | over 35 h/week | +25% (first 8 h), then +50% |
| Poland | over 40 h/week | +50% weekdays, +100% nights/Sundays/holidays |
| Latvia | over 40 h/week | +100% |
| Lithuania | over 40 h/week | +50% |
| Estonia | over 40 h/week | +50% (or time off by default) |
| Germany | contract-based | no statutory premium - set by collective agreements |
| United States (for contrast) | over 40 h/week | +50% (FLSA "time and a half") |
Three things vary between countries: the threshold (France counts overtime from hour 36, most others from hour 41), the premium, and whether time off can replace money (common in Estonia, Germany and the Nordics, optional by agreement in the Baltics).
Example: the same 10 overtime hours, three prices
An employee earns 12 EUR per hour and works 10 overtime hours in a month:
| Country | Calculation | Overtime pay |
|---|---|---|
| Latvia (+100%) | 10 × 12 × 2.0 | 240 EUR |
| Poland, weekday (+50%) | 10 × 12 × 1.5 | 180 EUR |
| France, first 8 h (+25%), next 2 h (+50%) | 8 × 15 + 2 × 18 | 156 EUR |
Same work, up to 54% difference in cost - which is why multi-country employers cannot use one payroll formula for everyone.
Time tracking is not optional in the EU
In 2019 the European Court of Justice ruled (case C-55/18, CCOO v Deutsche Bank) that employers in the EU must operate an objective, reliable and accessible system measuring each worker's daily working time. Without such records, neither the 48-hour cap nor overtime premiums can be enforced - and in a dispute, courts increasingly side with the employee whose hours were not recorded.
In practice that means:
- "We only track overtime, not regular hours" is not compliant - the ruling requires recording all working time
- Paper timesheets filled retroactively rarely survive a labour inspection
- The burden of proof effectively falls on the party without data - and that is usually the employer
Practical takeaways
- Know your country's threshold and premium - they are minimums, collective agreements can only improve them
- Get overtime consent in writing where required (mandatory in the Baltics)
- Record actual start and end times, not planned shifts - the gap between the two is exactly where disputes live
- Watch the 48-hour average and 11-hour rest, not just the premium - working time violations carry fines on top of back pay
Sources
- EU Working Time Directive 2003/88/EC
- Court of Justice of the EU, case C-55/18 (CCOO v Deutsche Bank SAE)
- Eurofound, "Overtime in Europe: regulation and practice"
- National labour codes: Latvia (Darba likums s.68), Lithuania, Estonia, Poland, France (Code du travail)