During continuous work shifts, article 63 guarantees workers a minimum break of half an hour. On the other hand, article 64 establishes that, if the employee cannot leave the place where he performs his work during rest or meal periods, that time must be considered as part of his effective working day. In short, if the worker eats at his desk, that time is counted as part of his workday.
There are exceptional situations in which the working day can be extended beyond the established limits. In cases of accidents or imminent risks that endanger the life of the worker, his colleagues or the employer, or even the very existence of the company, the working day can be extended for the time strictly necessary to prevent such risks, as established article 65.
In addition, article 66 allows the extension of the working day due to extraordinary circumstances, as long as do not exceed three hours a day or repeat more than three times in a week. This maximum of nine hours is not considered “overtime”, but if this time is exceeded then it must be paid.
How much should I be paid if I work overtime?
Regarding the payment of overtime, the article 68, workers are not required to provide their services for a longer time than permitted by law. If the extension of working time exceeds nine hours per week, the employer must remunerate the worker for the excess with an additional 200% to the salary corresponding to the hours of the normal working day. Failure to comply with these provisions may entail sanctions established in the Federal Labor Law.
On the other hand, article 67 of the Federal Labor Law establishes that the hours worked in situations provided for in article 65 must be remunerated with the same amount that corresponds to each hour of the normal working day. Likewise, the overtime performed in extraordinary circumstances must be paid with an additional 100% -and not 200%- to the salary corresponding to the hours of the usual workday.
How payment is calculated
There are various overtime calculators where you can get the exact amount depending on the type of shift, if it is day, night or mixed.
Suppose an employee has a monthly salary of 10,000 pesos. If he works five overtime hours a week, he would receive an additional payment of 416.67 pesos for those overtime hours.
On the other hand, if the worker works the same five extra hours a week, but his shift is night, he would receive an additional payment of 476.19 pesos for those extra hours at night.