Får ikke overtidsbetalt

Publisert: 27.01.2020

I work a as machine operator in on of the farms in the south. I get fixed salary every month (the same amount as it stands in my contract), but because of specific of the sector very often I work more than 160 hours per month. My employer says that if I get fixed salary, not per hour, I'm not entitled to overtime payment. Is that correct? What are the rules or differences in fixed salary and hourly salary? Are there actually differences? In terms of overtime.

Svar:

Your employer's answer is not correct. It is only leaders and persons with independent jobs, that may enter into a contract saying that over time is without compensation. Firstly you shall be paid extra for every hour you work beyond the time stated in your contract. You shall be paid 40 % extra for over time, i.e. 140 % of the normal wage for every hour exceeding either 9 hours per day or 40 hours per week. There are specific rules regarding working hours and limitation of over time in arbeidsmiljølovens chapter 10.

Med vennlig hilsen, advokat Ådne Jareld

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