Overtime in the Hospital Public Service (HPS)

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Are you a hospital worker and you have to work overtime? We provide you with useful information, including the maximum number of hours you can work and compensation or payback terms.

Overtime work is work you perform at the request of your department manager beyond the working hours set out in your work cycle.

The working cycle is the reference period on the basis of which working time is organized.

The work cycle is a reference period of identical duration.

The work cycle duration cannot be less than one week (Monday through Sunday) or more than 12 weeks.

Working hours are defined within the cycle.

Overtime worked between 9 p.m. and 7 a.m. is overtime at night.

You may not work more than 44 hours per week (excluding overtime).

In the case of irregular cycles, you cannot work more than 39 hours per week on average on the cycle, excluding overtime, nor more than 44 hours per week, excluding overtime.

Where the working cycle provides for working hours exceeding 35 hours per week, hours worked in excess of the legal duration shall give rise to RTT.

Hours worked beyond the legal duration, once RTT days have been granted, are overtime.

Overtime shall be counted over the cycle.

The number of overtime hours you can work is limited under the following conditions:

  • You cannot work more than 240 hours of overtime in total per year
  • If the duration of your work cycle is less than or equal to 1 month, you cannot work more than 20 overtime hours per month
  • If your work cycle is longer than 1 month, you can work a maximum number of overtime hours per month equal to (240 hours divided by 52 weeks) times the number of weeks in your work cycle.

In the event of a health crisis or in order to ensure the continuity of the public health service, a health facility may be authorized, by way of exception, to exceed the time limits set by the work cycle.

Authorization shall be given by theARS: titleContent or the prefect, depending on the nature of the establishment.

Authorization shall be granted for a limited period of time and for the staff necessary to care for patients.

Overtime should not lead to more than 48 hours of actual work by rolling 7-day period (i.e. from date to date).

Overtime worked in the context of periodic penalty payments by staff involved in organ removal and transplantation activities shall not be taken into account in the calculation of these ceilings.

However, such staff shall not work more than 48 hours in any 7-day rolling period.

When you work overtime, you, like any agent, must have a minimum daily rest period of 12 consecutive hours.

FYI  

The daily rest period may be fixed at a minimum of 11 consecutive hours by the head of the establishment after collective agreement.

You must also have a weekly rest period of at least 36 consecutive hours.

The number of rest days is fixed at 4 days for 2 weeks, at least 2 of which must be consecutive, including 1 Sunday.

These minimum rest periods apply to staff involved in organ removal and transplantation activities who carry out periodic penalty payments.

Overtime shall be the subject of either compensating rest at least of equal duration, i.e. compensation.

The general conditions for recourse to compensation or compensation shall be laid down by the head of establishment after consulting the Social Committee.

Compensatory rest periods must be taken as part of the work cycle.