CLT Overtime 50 and 100 Percent Calculator

50% and 100% overtime premiums

The Federal Constitution (art. 7º, XVI) and CLT art. 59 set a floor for the overtime premium: 50% over the normal hourly rate on regular weekdays. Consolidated case law and most collective agreements push hours worked on Sundays, public holidays and the weekly rest day (DSR) up to 100% when no other day off in the same week makes up for them. You can work at most 2 overtime hours a day (CLT art. 59).

Say the normal hour is worth R$ 20. Then 5 hours at 50% come to 5 × 20 × 1.50 = R$ 150, and 2 hours at 100% come to 2 × 20 × 2.00 = R$ 80, for R$ 230 of overtime. The premium doesn't stop there. It feeds into DSR, vacation, 13th salary and FGTS, which pushes the real employer cost up by roughly 30-40%.

When does it apply in Brazil?

You see it a lot in manufacturing during production peaks, in retail around year-end and sales, and in healthcare and security with their 12×36 or 24-hour on-call shifts. Lei 13.467/2017 (Labor Reform) brought in the banco de horas by individual agreement, so overtime can be offset by time off within 6 months, or 1 year if a collective agreement says so. Whatever balance is left at termination has to be paid in cash with the proper premium.

FAQ

What is the maximum daily overtime? Two extra hours a day (CLT art. 59). Past that, the hours are still owed, but the employer faces administrative fines.

Can the employer pay overtime with time off? Yes, through the banco de horas. That window runs up to 6 months by individual written agreement, or 1 year by collective agreement.

Do overtime hours impact 13th salary and FGTS? Yes. The yearly average folds into the base for the 13th salary, for vacation (with the constitutional 1/3 bonus) and for FGTS deposits (8% over the gross, overtime included).

Sunday work: 100% or 50%? If the worker takes another weekday off in the same week, the Sunday counts as regular work plus the 50% premium. With no compensating day off, the Sunday is paid at 100% (TST OJ 410).