Can an employee agree to work more than the legal maximum?

Sometimes, but only where the law explicitly allows it. The EU Working Time Directive permits an individual opt-out from the 48-hour average in some member states, and it must be voluntary and revocable. Many countries allow no such waiver at all. Because the rules protect health and safety, they cannot simply be contracted away.

Does working time regulation apply to remote workers?

Yes. The rules generally follow where the work is performed, so an employee working remotely in a country is covered by that country's working-time law. Remote work can make hours harder to track, which raises the risk of unrecorded overtime, so employers still need a reliable way to record time and enforce rest.

How is overtime pay calculated?

It depends entirely on local law. Countries set their own overtime threshold, the point at which extra pay begins, and their own multiplier, such as time-and-a-half or double time. Some cap total hours even with overtime. Applying one country's overtime formula to a worker based in another is a frequent source of payroll error.

Who makes sure working-time rules are followed for an overseas hire?

When you employ someone through an Employer of Record, the Employer of Record is the local legal employer and builds the correct working-time and overtime rules into the contract and payroll. You still direct the work and set the schedule, within those legal limits, while the compliance responsibility for the local rules sits with the legal employer.

Glossary

Working Time Regulation

Working time regulation is the body of law that limits how long employees may work and mandates their rest, covering maximum weekly hours, daily and weekly rest breaks, night-work rules, and paid annual leave, with limits that differ from one country to the next.

Reviewed by Teamed's in-house employment-law team·Last updated 28 July 2026

Also known as: working hours law, working time rules

What is Working Time Regulation?

Working time regulation is the set of legal rules that govern how many hours employees can work and how much rest they are owed. It typically caps average weekly hours, guarantees minimum daily and weekly rest, sets rules for night work, and often defines when and how overtime must be paid. The exact limits are set by national law.

These rules exist to protect health and safety, so they usually cannot be waived by contract, and where an opt-out is allowed it tends to be tightly controlled. Thresholds vary sharply: what counts as lawful overtime, or a legal working week, in one country may breach the rules in another.

For employers hiring across borders, a common and expensive error is applying home-country assumptions to overseas staff. Miscalculating overtime, or missing a local rest or hours rule, can trigger back pay and penalties. Applying the correct local working-time rules from the start avoids that exposure.

What does working time regulation usually cover?

Most systems address the same core areas: a limit on average weekly hours, minimum daily and weekly rest, breaks during the working day, restrictions on night work, and a minimum amount of paid annual leave. Many also set overtime rules, defining the threshold at which extra pay applies and the multiplier owed. The precise figures are country-specific.

How much do working-time limits vary between countries?

A great deal. The EU Working Time Directive caps average weekly hours at 48, while India's Factories Act sets a 48-hour week with a 9-hour daily limit, and Japan uses a 40-hour week with a special agreement system for lawful overtime. Because thresholds and overtime rules differ this widely, each country has to be handled on its own terms.

Why is overtime the most common working-time mistake?

Because overtime rules are detailed and vary by jurisdiction. Errors come from treating the wrong workers as exempt, applying a home-country multiplier abroad, or using a weekly threshold that does not match local law. Each of these underpays or overpays staff, and underpayment in particular can lead to claims, back pay, and regulatory penalties long after the fact.

Key facts

EU maximum average working week: 48 hours, averaged over a 17-week reference periodUnder the EU Working Time Directive (2003/88/EC), average weekly working time, including overtime, must not exceed 48 hours. The directive also guarantees minimum daily and weekly rest and at least four weeks of paid annual leave.Source: EUR-Lex, European Union· verified 2026-07-28

Frequently asked questions

Can an employee agree to work more than the legal maximum?
Sometimes, but only where the law explicitly allows it. The EU Working Time Directive permits an individual opt-out from the 48-hour average in some member states, and it must be voluntary and revocable. Many countries allow no such waiver at all. Because the rules protect health and safety, they cannot simply be contracted away.
Does working time regulation apply to remote workers?
Yes. The rules generally follow where the work is performed, so an employee working remotely in a country is covered by that country's working-time law. Remote work can make hours harder to track, which raises the risk of unrecorded overtime, so employers still need a reliable way to record time and enforce rest.
How is overtime pay calculated?
It depends entirely on local law. Countries set their own overtime threshold, the point at which extra pay begins, and their own multiplier, such as time-and-a-half or double time. Some cap total hours even with overtime. Applying one country's overtime formula to a worker based in another is a frequent source of payroll error.
Who makes sure working-time rules are followed for an overseas hire?
When you employ someone through an Employer of Record, the Employer of Record is the local legal employer and builds the correct working-time and overtime rules into the contract and payroll. You still direct the work and set the schedule, within those legal limits, while the compliance responsibility for the local rules sits with the legal employer.

Related terms

Note

This is general information, not legal advice. Statutory rules vary by country and change over time.

Glossary

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Last verified 2026-07-28