Article 59 of the CLT: what you need to know about overtime

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In this content, we will examine what Article 59 of the CLT states . This way, you will be aware of all the details surrounding this very important topic that it deals with.

Most workers have probably extended their working hours at least a little bit . Whether it's to put the finishing touches on that project that's due or to make up for those hours they had to leave early the day before, right?

Therefore, it is necessary that you, as a company or employee, know everything that this article covers in order to have your rights respected. Let's go!

What does Article 59 of the CLT say?
In this article, we will clarify the most frequently asked questions that everyone, employers and employees, should know. We will try to do this in a simple and straightforward way.

Overtime is a very common topic in any work environment. So, in order to explain in an easier way what Article 59 of the CLT says , we have prepared some topics. So that you know that you know all the details about the subject, let's check it out?

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The daily working hours may be increased by overtime, but not exceeding two hours, by individual agreement, collective agreement or collective labor agreement.
The remuneration for overtime shall be at least 50% (fifty percent) higher than that for normal hours.
You may waive the salary increase if, by agreement or collective bargaining agreement, you compensate for the excess hours worked on one day with a corresponding reduction on another day. As long as, over a maximum period of one year, the company does not exceed the maximum limit of ten hours per day.
In the event of termination of the employment contract without full compensation for overtime, the employee will be entitled to payment for uncompensated overtime, calculated based on the amount of remuneration on the date of termination.
The employee and the employer may agree on the time bank through bangladesh whatsapp list an individual written agreement, as long as compensation occurs within a maximum period of six months.
The working hours compensation regime established by individual agreement, tacit or written, for compensation in the same month is lawful.
As you may have noticed, the article contains several details. If the company does not address these points very carefully, they may go unnoticed and cause numerous problems, including labor lawsuits.

Let's look below at some changes that the text has brought over time.

What are the changes to Article 59 according to the labor reform?
Due to the need for changes in the rules governing how overtime was being conducted, articles 59A and 59B were added to the wording of article 59.

Now, with the changes in the labor reform, the time bank can be negotiated individually, outside of the collective bargaining agreement or convention. Let's see below:

Art. 59-A
Authorizes the parties, through an individual written agreement, collective convention or collective labor agreement, to establish a work schedule or shifts of twelve consecutive hours with thirty-six uninterrupted hours of rest, observing or compensating for breaks for rest and meals.

The monthly remuneration includes payments due for paid weekly rest and rest on holidays. Holidays and night work extensions, where applicable, will be considered as compensation.

We emphasize that this practice is basically used in hospitals, reception areas and security jobs.

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Art. 59-B
Failure to comply with the legal requirements for compensation for working hours , including when established by tacit agreement, does not imply the repetition of payment for hours exceeding the normal daily working hours if the maximum weekly duration is not exceeded, with only the respective additional payment being due.

The provision of regular overtime does not invalidate the working hours compensation agreement and the time bank.

How to ensure compliance with Article 59 of the CLT?
Certainly, failure to comply with the conditions for payment and compensation of overtime, provided for in Article 59 of the CLT , can lead to a series of legal and financial consequences for companies, including:

Legal actions
Failure to pay overtime or paying less than the amount due may lead the employee to file a lawsuit against the company. In this case, the company must pay the overtime due, plus any fines and interest.

Fines and administrative sanctions
In addition to legal action, companies are also subject to fines and administrative sanctions imposed by the Ministry of Labor and Employment. These penalties may be imposed in cases of non-compliance with labor laws. For example, failure to pay overtime or failure to correctly record employees' working hours.