Overtime in the restaurant industry: when does it arise and how is it paid?
In short
- Under MaRa TES section 18 §, overtime (ylityö) is work above 120 hours in a three-week period (kolmiviikkoisjakso). Work between the contracted hours and 120 hours is additional work (lisätyö).
- Additional work is paid at the basic hourly wage. For the first 18 hours of overtime the pay is increased by 50 %, and after that by 100 % (MaRa TES 18 §).
- Both additional work and overtime require the employee's consent (MaRa TES 18 §); for overtime, consent is given separately for each occasion (Working Hours Act, työaikalaki, 17 § 1 mom.).
- Under the averaging system (tasoittumisjärjestelmä), only work done after 130 hours in the period is paid as additional work and overtime (MaRa TES 12 § 1.3).
- The increased pay can be agreed to be exchanged for time off (MaRa TES 20 §), but the period-based additional work or overtime pay of the averaging system cannot (MaRa TES 12 § 1.3).
What do overtime and additional work mean in a three-week period?
Example: a cook's contract is 112.5 hours per period, and the roster fills up to 126 hours because two employees fall ill. Under MaRa TES 18 §, overtime is work above 120 hours during the three-week period. Additional work is work above the contracted working time entered in the shift roster (työvuorolista), up to 120 hours.
Regular working time is at most 112.5 hours in three weeks (MaRa TES 7 § 1). The catch: the hours are only known at the end of the period, so the limit is crossed in the last shifts.
Hours and pay in a three-week period
- 0–112,5 h · Regular working time · monthly salary
- 112,5–120 h · Additional work · ×1
- 120–138 h · Overtime 50 % · ×1,5
- 138–150 h · Overtime 100 % · ×2
How much are additional work and overtime paid?
Additional work hours are paid at the basic hourly wage. Overtime pay is the wage increased by 50 % for the first 18 hours above 120 hours and by 100 % for the following hours (MaRa TES 18 §). The same 18-hour step appears in the Working Hours Act, section 20, subsection 3.
Overtime is paid so that the first 18 hours above 120 hours are paid at a wage increased by 50 %, and the following hours at a wage increased by 100 %.
Worked example: a full-time cook, contract of 112.5 hours, 126 hours actually worked in the period. The basic hourly wage used is an example wage of €13.50/h.
| Hours | Class | Calculation | Pay |
|---|---|---|---|
| 0–112.5 | regular working time (MaRa TES 7 § 1) | monthly salary (MaRa TES 13 §) | included in salary |
| 112.5–120 | additional work (MaRa TES 18 § 1) | 7.5 h × €13.50 | €101.25 |
| 120–126 | overtime +50 % (MaRa TES 18 § 2) | 6 h × €13.50 × 1.5 | €121.50 |
| total | €222.75 |
Which hours do not count toward the period total?
Hours worked on a V day (viikkolepopäivä, weekly rest day), an X day (lisävapaapäivä, additional day off) or an annual leave day (vuosivapaapäivä) are not included in the period's working hours when additional work and overtime pay is calculated (MaRa TES 18 § 2). They are paid separately: work on a V day is paid at the basic wage increased by 100 %, and on an X day or annual leave day at the basic wage increased by 50 % (MaRa TES 19 §).
If an 8-hour shift is worked on a V day, the example cook's 126 hours does not rise to 134. Work on a day off must be agreed with the employee.
Is consent needed for every overtime occasion?
The law requires consent for overtime separately for each occasion (Working Hours Act 17 § 1 mom.). Consent for additional work is needed unless additional work has been agreed in the employment contract (17 § 2 mom.). MaRa TES 18 § requires consent for both additional work and overtime.
A yes given one week does not cover the next time.
Can overtime pay be exchanged for time off?
Yes, when this is agreed. Under MaRa TES 20 §, the pay for additional work and overtime can be agreed to be exchanged, in part or in full, for corresponding time off during the employee's regular working time. The same is in the Working Hours Act, section 21.
The length of the time off is calculated from the increased pay: in the agreement's own example, 6 hours worked on an X day become 9 hours of time off. The time off must be given within six months unless otherwise agreed (MaRa TES 20 §).
How does the averaging system move the limit?
For a monthly-paid full-time employee, working time can be averaged to 112.5 hours over at most six consecutive periods, so that the regular working time of a single period may be at most 130 hours (MaRa TES 12 § 1.1). Only work done after 130 hours is paid as additional work and overtime (12 § 1.3). Period-based additional work or overtime pay cannot be exchanged for corresponding time off (12 § 1.3). More: the averaging system in a restaurant.
Overtime limits in a three-week period
- 120 hlimit for additional work and overtime in a standard periodMaRa TES 18 §
- 130 hlimit in the averaging systemMaRa TES 12 § 1.3
- 7,5 hadditional work after 130 hours, at the basic hourly wageMaRa TES 12 § 1.3
- 18 hthe following hours at +50 %MaRa TES 12 § 1.3
How Plana helps
Plana builds the three-week shift roster according to MaRa TES and the Working Hours Act and checks every shift against the law before saving. Salaried employees' hours are balanced across the period automatically, and additional work or overtime is only planned once the employee's consent has been recorded. The pay calculation itemises additional work, overtime, and Sunday and evening supplements and estimates the take-home amount, so the example's 126 hours shows up in parts rather than as a single sum. All features: features. A free trial starts by signing up.
- Three-week hours balancingSalaried staff's hours balance over the period. Extra hours and overtime need the employee's consent first.
- Pay calculationAdditional work, overtime, Sunday and evening pay itemised, with a take-home estimate.
Frequently asked questions
Sources
- Collective agreement for employees in tourism, restaurant and leisure services 2025–2028, 4. Pay, 13 §, 17–20 §
- MaRa TES, 3. Working time, 12 § 1.1 and 1.3 Averaging system, additional work and overtime in a three-week period
- MaRa TES, 3. Working time, 7 § 1 Regular working time
- Working Hours Act (872/2019), 16 § and 17 §
- Working Hours Act (872/2019), 20 § and 21 §