Maximum Working Hours Regulations

Why maximum working hours exist

Working hour limits protect workers from exploitation and fatigue. Overworked employees are more likely to have accidents, make errors, and suffer long-term health problems. Every major jurisdiction caps working hours in some form — though the mechanisms differ significantly.

Understanding these limits matters whether you employ two people or two thousand. Getting it wrong means legal liability, exhausted staff, and higher turnover.

The evidence linking excessive working hours to poor outcomes is extensive and well-established. Workers who regularly exceed 48 hours per week face significantly elevated risks of cardiovascular disease, stroke, depression, and musculoskeletal disorders. The World Health Organization estimates that long working hours are responsible for hundreds of thousands of preventable deaths globally each year. In operational terms, the worker who clocks 55 or 60 hours in a week is not delivering 15-20% more value — they are delivering diminishing returns while accumulating fatigue that affects their performance in subsequent weeks.

For hospitality businesses specifically, the consequences are acute. A fatigued line cook is more likely to suffer a knife injury or a burn. A tired bartender is more likely to over-serve alcohol. A floor manager running on their sixth consecutive 12-hour shift is more likely to miss a safety hazard. Maximum working hour rules exist because these risks are predictable and preventable.

Best practices for managing working hours

• Track hours accurately — You can't manage what you don't measure. Record actual hours worked, not just scheduled hours. Clock-in/clock-out systems provide far more reliable data than rota-based assumptions.
• Monitor weekly totals proactively — Don't wait until the end of a reference period to discover a breach. Track cumulative hours throughout the week and flag employees approaching thresholds early enough to adjust the schedule.
• Account for secondary employment — In many jurisdictions, the working time limit applies across all jobs. Ask employees about other work commitments. A worker doing 35 hours for you and 20 hours for another employer is exceeding the 48-hour limit, and both employers may be liable.
• Use averaging periods wisely — Where the law allows hours to be averaged over a reference period, plan busy and quiet weeks deliberately rather than letting hours accumulate. A 17-week reference period in the UK means you can have peak weeks above 48 hours if quieter weeks bring the average down — but this requires deliberate planning, not lucky coincidence.
• Build in buffers — Scheduling right up to the legal limit leaves no room for unexpected overtime. If you schedule someone for 47 hours and they stay an extra 2 hours to cover a no-show, you have a breach. Aim for a comfortable margin below the cap.
• Review regularly — Working patterns drift over time. Audit actual hours quarterly to catch creep before it becomes a compliance issue. Pay particular attention to managers and supervisors, who often work undocumented extra hours.
• Distinguish between different types of working time — Understand what counts as working time in your jurisdiction. On-call time at the workplace usually counts. On-call time at home where the worker is free to pursue personal activities usually does not. Travel between sites during a shift usually counts. The commute to the first site usually does not.
• Document everything — Keep records of hours worked, opt-out agreements (where applicable), averaging agreements, and any discussions about secondary employment. In the event of a dispute or inspection, documentation is your primary defence.

What counts as working time?

One of the most common sources of confusion — and compliance failure — is determining what actually counts as working time. The answer varies by jurisdiction but some general principles apply:

Time that typically counts as working time:

• All scheduled shift hours
• Time spent on mandatory training
• Time spent travelling between work sites during a shift
• On-call time where the worker must remain at the workplace
• Time spent on mandatory handover briefings before or after a shift
• Trial or probationary shifts

Time that typically does not count:

• Normal commuting time between home and the usual workplace
• Genuine unpaid break time where the worker is completely relieved of duties
• On-call time at home where the worker is free to pursue personal activities (though this varies — the ECJ has ruled differently in specific cases)
• Voluntary social events

Grey areas that cause disputes:

• Time spent changing into uniforms or protective equipment — some jurisdictions count this, others do not
• Time spent reading pre-shift communications or checking emails before clocking in
• Short handover periods that are expected but not formally scheduled
• Travel time for workers with no fixed workplace

When in doubt, err on the side of counting time as working time. The cost of marginal over-counting is far less than the cost of a successful tribunal claim or enforcement action.

Country-specific rules

United Kingdom

The Working Time Regulations 1998 set a maximum average working week of 48 hours, calculated over a 17-week reference period.

Key details:

• Workers can voluntarily sign an opt-out agreement to exceed the 48-hour limit. The opt-out must be in writing and can be cancelled with notice (minimum 7 days, up to 3 months).
• Young workers (under 18) are limited to 8 hours per day and 40 hours per week with no opt-out.
• Certain sectors (such as defence and emergency services) have specific exemptions.
• On-call time where the worker must remain at the workplace counts as working time.

Even with an opt-out, employers have a duty of care. Allowing excessive hours that lead to health problems can still result in liability.

The opt-out in practice:

The 48-hour opt-out is widely used in UK hospitality, but many employers misunderstand its scope and limitations. Key points:

• The opt-out must be genuinely voluntary. An employer cannot make signing the opt-out a condition of employment, and cannot subject a worker to any detriment for refusing to sign or for withdrawing their opt-out.
• The opt-out covers only the 48-hour weekly average. It does not override the right to 11 hours daily rest, the right to a 24-hour weekly rest period, or the right to rest breaks during shifts. These remain fully enforceable regardless of any opt-out.
• Employers must keep records of hours worked by opted-out workers. Failure to keep adequate records is itself a compliance breach.
• The opt-out can be withdrawn by the worker with 7 days' notice (or up to 3 months if specified in the agreement). Employers must honour the withdrawal immediately upon expiry of the notice period.

The 17-week reference period:

The averaging calculation works by taking the total hours worked in a 17-week period and dividing by 17. This means individual weeks can exceed 48 hours provided the average across the full period stays at or below 48. For seasonal hospitality businesses — a beach restaurant that is extremely busy in July and August but quieter in spring — this averaging period offers genuine flexibility, provided it is managed deliberately.

The reference period can be extended to 26 weeks by collective or workforce agreement for certain categories of workers, including those in hospitality where there is a need for continuity of service.

Enforcement: The Health and Safety Executive (HSE) and local authority environmental health teams enforce the Working Time Regulations. Breaches can result in improvement and prohibition notices, and in serious cases, prosecution. Workers can also bring claims to an employment tribunal. Compensation is uncapped for detriment claims — there is no maximum award.

European Union

The EU Working Time Directive (2003/88/EC) caps the average working week at 48 hours, including overtime, calculated over a reference period of up to 4 months.

Key details:

• Member states can extend the reference period to 6 or 12 months through collective agreements.
• Unlike the UK, most EU member states do not allow individual opt-outs from the 48-hour limit. Only a handful (including Malta and Bulgaria) have implemented opt-out provisions.
• Some member states set stricter limits. France's statutory working week is 35 hours, with overtime tightly regulated. Germany caps daily working time at 8 hours (extendable to 10 hours if averaged).

Member state detail:

• France (Code du travail): The 35-hour statutory week does not mean workers cannot work more than 35 hours — it means overtime begins at the 35th hour. Overtime is permitted but capped at 220 hours per year (modifiable by collective agreement). Weekly working time cannot exceed 48 hours in any single week, and the average over any 12-week period cannot exceed 44 hours. Overtime is paid at 125% for the first 8 hours and 150% thereafter. French labour inspectors (inspecteurs du travail) have broad enforcement powers, including the ability to stop work.
• Germany (Arbeitszeitgesetz): The daily maximum is 8 hours, which can be extended to 10 hours provided the average over a 6-month (or 24-week) period does not exceed 8 hours per day. The weekly maximum is therefore effectively 48 hours (6 working days x 8 hours), though Saturday is counted as a potential working day. Night workers and workers in particularly hazardous roles face stricter limits. The Gewerbeaufsichtsamt (trade supervisory office) enforces compliance, with fines of up to EUR 15,000 per violation.
• Spain (Estatuto de los Trabajadores): Maximum 40 hours per week averaged over a year. Overtime is capped at 80 hours per year. Overtime must be compensated with time off within 4 months or with premium pay. Employers are required to keep daily records of hours worked — a requirement strengthened by Royal Decree-Law in 2019, which mandates that all employers maintain a register of working hours for each employee.
• Italy: The statutory working week is 40 hours. Overtime is permitted up to a maximum set by collective agreements, typically 250 hours per year. Overtime pay rates are set by collective agreements, usually between 115% and 130%. The labour inspectorate (Ispettorato Nazionale del Lavoro) conducts audits and can issue administrative fines.
• Netherlands (Arbeidstijdenwet): Maximum 12 hours per shift and 60 hours per week, but averaged over 4 weeks the maximum is 55 hours per week, and averaged over 16 weeks the maximum is 48 hours per week. These tiered averaging periods are stricter than the Directive minimum.

ECJ case law: The European Court of Justice has been active in interpreting the Working Time Directive. Key rulings include Jaeger v Fliegen (on-call time at the workplace is working time), SIMAP (similar principle for Spanish doctors), and Federacion de Servicios de CCOO v Deutsche Bank (employers must have systems to measure actual working time, not just scheduled time).

United States

The Fair Labor Standards Act (FLSA) does not set a maximum number of hours an adult employee can work in a week. Instead, it regulates compensation:

• Non-exempt employees must receive overtime pay at 1.5x their regular rate for hours exceeding 40 per week.
• Exempt employees (salaried workers meeting specific salary and duties tests) have no overtime protections and no hours cap.
• Some states impose additional limits. California requires overtime after 8 hours in a single day, not just 40 in a week.

There is no federal requirement for employers to limit hours, but OSHA's General Duty Clause can apply where excessive hours create a safety hazard.

The exemption classification trap:

One of the most common compliance failures in US hospitality is misclassifying employees as exempt when they do not meet the tests. To qualify as exempt from overtime:

• The employee must be paid on a salary basis of at least $684 per week (as of the current federal threshold — check the DOL for updates as this amount is periodically revised).
• The employee must perform duties that qualify under the executive, administrative, or professional exemptions.
• Simply paying someone a salary does not make them exempt. A salaried kitchen manager who spends most of their time cooking rather than managing may not qualify for the executive exemption.

Misclassification exposes employers to back-pay liability for all overtime worked during the misclassified period, plus liquidated damages (double the back pay), plus attorneys' fees. The DOL actively audits the hospitality sector for misclassification.

State-level variations:

• California: Overtime after 8 hours in a day and 40 hours in a week. Double time after 12 hours in a day. Seventh consecutive day of work in a workweek triggers overtime for the first 8 hours and double time thereafter. California's rules are the strictest in the nation and catch out many multi-state employers.
• Colorado: Overtime after 12 hours in a day or 40 hours in a week.
• Alaska: Overtime after 8 hours in a day or 40 hours in a week.
• Oregon: Overtime after 40 hours per week, with additional daily overtime for manufacturing employees.
• Nevada: Overtime after 8 hours in a day if the employee is paid less than 1.5 times the minimum wage.

Practical implications: The absence of a federal hours cap means that US employers can legally require employees to work 60, 70, or even 80 hours per week — provided they pay appropriate overtime. This does not mean it is advisable. OSHA can still cite employers under the General Duty Clause if excessive hours create safety hazards, and workers' compensation insurers may increase premiums for businesses with patterns of excessive hours and fatigue-related injuries.

Canada

Working hour limits are set provincially, with the Canada Labour Code covering federally regulated industries:

• Federal: Standard hours are 40 per week and 8 per day. The maximum is 48 hours per week unless an exemption or averaging agreement is in place.
• Ontario: No daily maximum for adults, but overtime applies after 44 hours per week. Employers can apply for permits to exceed weekly limits.
• British Columbia: Overtime after 8 hours/day or 40 hours/week. Employers and employees can agree to averaging agreements over 1-4 weeks.
• Alberta: Overtime after 8 hours/day or 44 hours/week.

Additional provincial detail:

• Quebec (Act respecting labour standards): The standard work week is 40 hours. Overtime at 1.5x applies after 40 hours. An employee can refuse to work more than 2 hours beyond their regular daily hours or more than 14 hours in a 24-hour period (or 12 hours if their regular schedule is not predetermined).
• Saskatchewan: Overtime at 1.5x after 8 hours per day or 40 hours per week. The maximum weekly hours are 44 hours unless a modified work arrangement is in place.
• Manitoba: Overtime at 1.5x after 8 hours per day or 40 hours per week. Employers can apply for permits to work beyond standard hours.

Averaging agreements in Canada:

Several provinces allow employers and employees to agree to average hours over multiple weeks. This is particularly useful for hospitality businesses with variable demand. For example, in British Columbia, an averaging agreement over 2 weeks means overtime is calculated on the average rather than each individual week. However, these agreements have specific requirements — they must be in writing, they must specify the number of weeks in the averaging period, and in some provinces they require approval from the employment standards branch.

The right to refuse overtime: Under the Canada Labour Code and in several provinces, employees have the right to refuse overtime beyond standard hours except in emergency situations. This is a departure from jurisdictions like the US where mandatory overtime is generally enforceable. Employers must understand the distinction between requesting and requiring overtime in each province they operate in.

Australia

Under the National Employment Standards (NES), part of the Fair Work Act 2009:

• The maximum standard working week is 38 hours for full-time employees.
• Employers can request reasonable additional hours beyond 38. An employee can refuse if the request is unreasonable.
• Factors determining reasonableness include: health and safety risks, the employee's personal circumstances, notice given, and the nature of the role.
• Specific Modern Awards and enterprise agreements may set different limits and overtime thresholds.

The reasonableness test in detail:

Australia's approach is distinctive. Rather than setting a hard cap with exceptions, the system sets 38 hours as the standard and then applies a multi-factor reasonableness test to any additional hours. The Fair Work Act lists specific factors that must be considered:

• Any risk to the employee's health and safety from working the additional hours
• The employee's personal circumstances, including family responsibilities
• The needs of the workplace or enterprise
• Whether the employee is entitled to overtime payments or penalty rates for the additional hours
• Any notice given by the employer to work the additional hours
• Any notice given by the employee of their intention to refuse
• The usual patterns of work in the industry
• The employee's role and level of responsibility
• Whether the additional hours are in accordance with averaging terms in an applicable modern award or enterprise agreement

This is not a simple checklist — it requires a genuine assessment of all relevant factors. An employer who routinely requests 50-hour weeks from kitchen staff without considering health and safety, family circumstances, and the availability of overtime pay is unlikely to meet the reasonableness test.

Modern Award provisions:

• The Hospitality Industry (General) Award defines ordinary hours as 38 per week, averaged over up to 4 weeks. Maximum ordinary hours in a single day depend on the type of employment — generally 11.5 hours for a full-time or part-time employee. Hours beyond these attract overtime rates.
• The Restaurant Industry Award has similar provisions, with ordinary hours averaged over a roster cycle and overtime payable for work beyond the daily or weekly ordinary hours limits.

Enforcement: The Fair Work Ombudsman has been particularly active in the hospitality sector, conducting targeted campaigns to address systemic underpayment and excessive working hours. Penalties for breaching the NES are significant — up to $18,780 per contravention for individuals and $93,900 for body corporates (as of 2024-25, indexed annually). Serious or systematic breaches attract penalties up to 10 times these amounts.

Common mistakes employers make

Relying on opt-outs without monitoring hours. In jurisdictions that allow opt-outs (primarily the UK), employers sometimes treat the opt-out as a blanket licence to schedule unlimited hours. It is not. You must still record hours, and you still owe a duty of care. A worker who opts out and then suffers a fatigue-related injury can still pursue a personal injury claim if the employer knew or should have known the hours were dangerous.

Ignoring secondary employment. A worker who does 38 hours for you and 15 hours for someone else is working 53 hours per week. In the UK and EU, this total matters for compliance with the Working Time Directive. Many employers never ask about secondary employment, creating a hidden compliance risk.

Confusing scheduled hours with actual hours. The schedule says 42 hours, but the employee regularly stays an extra 30 minutes after each shift to finish tasks. Over a week, that is 44.5 hours. Over a 17-week period, the average may exceed 48. Compliance is measured on actual hours, not intentions.

Not understanding averaging periods. An employer in the UK who sees a single week at 52 hours might panic — but if the 17-week average is under 48, there is no breach. Conversely, an employer who sees all weeks at 47 hours might feel comfortable — but if unrecorded overtime pushes the average above 48, there is a breach. Understanding the averaging period and calculating accurately is essential.

Failing to keep records. In most jurisdictions, the burden of proof falls on the employer to demonstrate compliance. If you cannot produce accurate records of hours worked, enforcement bodies and tribunals will generally draw an adverse inference — assuming that the employee's account of their hours is correct.

How Pilla helps

Pilla makes it straightforward to stay within working hour limits:

• Automatic hour tracking — See total scheduled hours per employee per week at a glance, with no manual tallying. Pilla calculates running totals as you build the schedule, giving you real-time visibility of each employee's weekly, daily, and reference-period hours.
• Threshold alerts — Get flagged before a team member's scheduled hours approach the legal limit for your jurisdiction. Pilla issues warnings at configurable thresholds — for example, an amber alert at 44 hours and a red alert at 47 hours — so you can adjust the schedule before publishing.
• Overtime visibility — Identify where overtime is building up across your team before it becomes a compliance or cost issue. Pilla's dashboard shows overtime distribution by employee, role, and team, helping you spot patterns that indicate structural understaffing.
• Shift planning controls — Build schedules that respect maximum hour limits from the start, rather than fixing breaches after the fact. Pilla validates each shift addition against the employee's existing schedule for the reference period.
• Cost projections — See the labour cost impact of every scheduling decision in real time. When overtime is building, Pilla shows you the cost differential so you can make an informed decision about whether to approve additional hours or adjust coverage.
• Complete audit trail — Every schedule published, shift changed, and hour worked is recorded. If an enforcement body or tribunal asks for working time records, you can produce a complete, timestamped history directly from the system.