What is overtime work (Article 143 of the Labour Code)
Under Article 143(1) of the Labour Code, overtime work is work performed by the employee outside their established working hours, on the employer's instruction or with the employer's knowledge and without their objection.
This definition contains several important elements. First, the work must be performed outside the established working hours. If your working time is 9:00 to 18:00, any work before 9:00 or after 18:00 is potentially overtime. Second, the work must be performed on the employer's instruction, or at least with their knowledge and without their objection.
Article 143(2) establishes a blanket prohibition: “Overtime work is prohibited.” While this wording appears categorical, paragraph 3 refers to Article 144, which governs the exceptions.
Overtime work is distinct from shift work, irregular working hours, and the summarised calculation of working time. Under the summarised calculation method (Article 142), overtime is the work exceeding the standard for the reporting period (1, 2, 3, 4, or 6 months), not for any individual day.
When is overtime permitted (Article 144 of the Labour Code)
The exceptions to the prohibition on overtime are exhaustively listed in Article 144. Overtime work is permitted only for:
- Work related to national defence (Article 144(1)).
- Preventing, containing, and overcoming disasters and their consequences (Article 144(2)). This covers natural disasters, fires, industrial accidents, and similar emergencies.
- Performing urgently needed public works to restore water supply, electricity, heating, sewage, transport, and communications, and providing medical assistance (Article 144(3)).
- Performing emergency repair and restoration work at the enterprise (Article 144(4)).
- Completing work that has been started and cannot be finished within regular working hours (Article 144(5)).
- Performing intensive seasonal work (Article 144(6)).
The employer is required to issue a written order for overtime work and to notify the employee at least 24 hours in advance (where possible).
Maximum limits
Even when overtime is permitted, the law imposes strict quantitative limits under Article 146 of the Labour Code.
| Period | Daytime work | Night work |
|---|---|---|
| Calendar year | 150 hours | 150 hours |
| Calendar month | 30 hours | 20 hours |
| Calendar week | 6 hours | 4 hours |
| Two consecutive working days | 3 hours | 2 hours |
The annual limit of 150 hours is absolute and cannot be increased even with the employee's consent. The monthly and weekly caps apply cumulatively with the annual limit.
Under the summarised calculation of working time (Article 142), overtime is determined for the entire reporting period rather than for each individual day. The maximum limits under Article 146 continue to apply regardless.
Night work for these purposes is work performed between 22:00 and 06:00 (Article 140(2)).
Who CANNOT work overtime (Article 147 of the Labour Code)
Certain categories of persons are absolutely protected from working overtime. The prohibitions under Article 147 are mandatory and cannot be overridden by the employee's consent.
Absolute prohibition (Article 147(1))
- Employees under 18 years of age. This prohibition is unconditional.
- Pregnant employees. The prohibition applies from the moment the employer is notified of the pregnancy.
- Nursing mothers (mothers who are breastfeeding, until the child reaches a specified age).
- Employees who have not given prior written consent, where such consent is required.
Prohibition unless express written consent is given (Article 147(2))
- Mothers with children under 6 years of age and mothers caring for children with disabilities, regardless of the child's age.
- Fathers raising children under 6 years of age alone, under the same conditions.
- Employees continuing their education without leaving work (part-time students), on the days of their classes.
- Employees with a reduced working capacity of 50 % or more, provided the health authorities have confirmed overtime is not medically contraindicated.
Overtime pay (Article 262 of the Labour Code)
Overtime pay is governed by Article 262(1). The premium is calculated on the agreed remuneration (base salary plus additional remuneration of a permanent nature).
| Day of work | Premium |
|---|---|
| Regular working day (weekday) | + 50 % |
| Rest day (Saturday/Sunday) | + 75 % |
| Public holiday | + 100 % |
Additionally, under Article 153(4), if the employee has worked on a rest day, the employer must provide an uninterrupted rest period of 24 hours on another day of the week.
Example 1: Overtime on a regular working day
An employee with a monthly base salary of BGN 2,400 (approximately EUR 1,227) and an additional seniority supplement of 6 % (BGN 144 / approximately EUR 74). Total: BGN 2,544 (approximately EUR 1,301).
With 22 working days and an 8-hour day: hourly rate = BGN 14.45 (approximately EUR 7.39).
For 3 hours of overtime on a working day: 3 x 14.45 x 1.50 = BGN 65.03 (approximately EUR 33.24).
Example 2: Overtime on a rest day (Saturday)
For 6 hours on a Saturday: 6 x 14.45 x 1.75 = BGN 151.73 (approximately EUR 77.58).
Example 3: Overtime on a public holiday
For 4 hours on a public holiday: 4 x 14.45 x 2.00 = BGN 115.60 (approximately EUR 59.10).
Important: Under the summarised calculation of working time, overtime is paid at the working-day premium (+ 50 %), since it is determined for the entire reporting period (Article 262(1)(4)).
Overtime work vs irregular working hours
These two legal concepts are frequently confused but differ significantly in legal treatment and compensation.
| Criterion | Overtime work | Irregular working hours |
|---|---|---|
| Legal basis | Articles 143-150, Article 262 | Article 139a |
| Instruction | Written order for each specific instance | Determined by employer for specific positions |
| Hour limits | 150 hrs/year, 30 hrs/month, etc. | No quantitative limits |
| Compensation | Increased pay (+50/75/100 %) | Additional paid annual leave of at least 5 working days |
| Protected categories | Yes (Article 147) | Article 147 protections do not apply |
| Overtime register | Required (Article 149) | No special register required |
| Notification to Labour Inspectorate | Required | Not required |
Practical significance: Some employers attempt to circumvent the overtime rules by designating positions as having irregular working hours when the nature of the work does not justify it. If you regularly work significantly more than the standard 8 hours, it may be argued that this constitutes disguised overtime.
Employer obligations
The employer bears a number of obligations in relation to overtime, and failure to comply results in administrative penalties.
- Special overtime register (Article 149(2)) — must contain employee names, date and legal basis, number of hours, and type of day.
- Notification to the Labour Inspectorate (Article 149(1)) — by the end of the month following the quarter in which overtime was performed.
- Compensatory rest (Article 153(4)) — when overtime is worked on a rest day: uninterrupted rest of 24 hours during the following working week.
- Written order for overtime — specifying the legal basis under Article 144, employees assigned, date, and duration. 24-hour advance notice required.
- Prohibition on systematic use — overtime must be the exception, not the rule. The Labour Inspectorate may require the employer to hire additional staff.
What to do if you are not paid for overtime
If your employer does not pay you for overtime worked, you have several legal remedies.
- Collect evidence. Preserve all documents: employer orders, schedules, emails instructing you to work outside regular hours, electronic entry/exit records, timekeeping printouts. If no official documents exist — email correspondence, text messages, and witness testimony.
- Submit a written request to the employer. Specify the exact dates, hours, and amounts. Keep a copy with a registration number.
- File a complaint with the Labour Inspectorate. The Inspectorate can carry out an inspection and issue a mandatory instruction for payment.
- Bring a court claim. Limitation period — 3 years (Article 358(1)(3)). Employees are exempt from court fees (Article 359).
Additional protection: An employee who has filed a complaint or brought a claim for unpaid overtime enjoys protection against dismissal under Article 344(3).
Frequently asked questions
Conclusion
Overtime work is permitted only under strictly defined legal conditions and within the quantitative limits. Correct overtime payment is not a privilege but a statutory right of every employee. If you work overtime, make sure your employer complies with all requirements: issues a written order, maintains the overtime register, pays the increased remuneration, and provides compensatory rest.
If you identify violations, do not hesitate to assert your rights. The limitation period for employment-related claims is 3 years, and employees are exempt from court fees in labour cases.
Need assistance?
Contact Innovires Legal for a consultation on your employment rights. We will analyse your situation and assist you in protecting your interests, including before the Labour Inspectorate and the courts.