Hours and time tracking · 6 min read
Overtime under the CLT: daily limit, premium and how to calculate it
How many overtime hours the law allows per day, the minimum premium and a calculation example with the effect on paid weekly rest.
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Overtime is any hour worked beyond the schedule agreed in the contract. It looks simple, but it's one of the biggest sources of payroll rework: the hour shows up in time tracking, nobody approved it, and HR only finds out at closing.
What the law considers a normal working day
The Constitution sets the normal working day at up to 8 hours a day and 44 hours a week (art. 7, XIII). The contract can set a shorter schedule, and that's the reference: on a 6-hour contracted schedule, the seventh hour is already overtime.
How many overtime hours are allowed per day
The CLT's general rule is at most 2 hours of overtime per day (art. 59, caput), agreed through an individual agreement, collective bargaining agreement or collective agreement.
How much an overtime hour is worth
The minimum premium is 50% on top of the normal hour (Federal Constitution, art. 7, XVI, and CLT, art. 59, § 1). Collective agreements often set higher percentages, and the rule most favorable to the person prevails. Sundays and holidays worked without a compensatory day off usually carry a 100% premium, depending on the collective rule and case law.
Calculation example
A person with a salary of R$3,300.00 and a 44-hour weekly schedule (divisor 220):
- Normal hour: R$3,300.00 ÷ 220 = R$15.00
- Overtime hour at 50%: R$15.00 × 1.5 = R$22.50
- Ten overtime hours in the month: 10 × R$22.50 = R$225.00
When overtime is habitual, it also affects paid weekly rest, the 13th salary, vacation and FGTS. That's where spreadsheets usually go wrong: the overtime amount goes in, but the knock-on effects are left out.
How to avoid surprises at closing
- Record the real working hours. Companies with more than 20 workers must record clock-in and clock-out (CLT, art. 74, § 2).
- Approve before, not after. Overtime agreed with the manager before it happens avoids arguments at payroll.
- Watch the daily limit. An alert when someone goes past 2 hours of overtime in a day is cheaper than a labor lawsuit.
- Consider the hours bank. Instead of paying, the company can offset the hours, within the rules of art. 59. See the article on the hours bank.
Marina CoutoVela's payroll specialist. A fictitious character.
