Many overtime calculations still use outdated figures from previous regulations. The indicators: the overtime limit is stated as 3 hours per day and 14 hours per week, meal entitlement appears after 3 hours, and the multiplier series on holidays stops at the tenth hour. All three were correct in 2004 and are no longer accurate now.
The applicable regulation is PP 35/2021, which is still recorded as "Effective" in the JDIH BPK and has not yet undergone a judicial review.
Changes Since 2021
The current series: on regular workdays, the first hour is 1.5 times the hourly wage, and the following hours are 2 times. On weekly breaks and official holidays, the series starts at 2 times, increases to 3 times, and then 4 times, with the increase point depending on the workweek pattern.
| Aspect | Kepmenakertrans 102/2004 | PP 35/2021 |
|---|---|---|
| Overtime limit | 3 hours per day, 14 hours per week | 4 hours per day, 18 hours per week |
| Food threshold 1,400 kilocalories | overtime 3 hours | overtime 4 hours |
| Holiday for 6-day week, 4 times multiplier | hours 9 and 10 | hours 9, 10, and 11 |
| Holiday for 5-day week, 4 times multiplier | hours 10 and 11 | hours 10, 11, and 12 |
| Order and approval | written | written and/or digital media |
Each series of holidays adds exactly one hour at the 4 times multiplier. The formula has not changed at all over the past seventeen years. The hourly wage remains 1/173 of the monthly wage. The basis remains 100 percent of the wage if the components are basic wages and fixed allowances, and 75 percent of the total wage if the basic wage plus fixed allowances is less than 75 percent. The daily wage remains multiplied by 25 for a six-day week and 21 for a five-day week.
The figure 173 is mentioned without explanation; the explanation of Article 32 states "Clearly sufficient." The reduction commonly used is simple arithmetic: 40 hours multiplied by 52 weeks divided by 12 months, resulting in 173.33.
A full day can be worth 31 times the hourly wage
| Situation | Maximum hours | Total multiplier |
|---|---|---|
| Regular workday | 4 | 7.5 times the hourly wage |
| Holiday, 6-day week | 11 | 29 times |
| Holiday on the shortest workday | 9 | 25 times |
| Holiday, 5-day week | 12 | 31 times |
The 4-hour limit only binds regular workdays. Article 26 paragraph (2) excludes overtime during weekly breaks and official holidays from that limit, so calculators that cut all days at the 4-hour mark are incorrect on the most expensive days. The explanation of Article 26 also includes holidays set by local governments as "official holidays."
Check your rights before calculating
Exemptions for certain job positions are often read as "managers cannot work overtime." Article 27 is much narrower: the exemption only applies if the job classification is regulated in the employment agreement, company regulations, or collective labor agreement. Paragraph (5) closes the loophole, stating that if it is not regulated there, employers are still obliged to pay overtime wages. What removes that right is a written document, not the job title.
The obligation for food and drink is not a recommendation: Article 61 makes violations of Article 29 paragraph (1) letters b and c the basis for administrative sanctions, from written warnings to business activity suspensions.
Why old figures are still circulating
The overtime Q&A page on the JDIH Kemnaker dated October 29, 2018, still contains the 3-hour limit along with the 2004 series. That page predates PP 35/2021, so the date of a reference is more decisive than its official appearance.
Kepmenakertrans 102/2004 has also never been revoked by name. Article 65 of PP 35/2021 allows old regulations to remain in effect as long as they do not contradict, and here the figures do contradict.
The Constitutional Court decision 168/PUU-XXI/2023 is often thought to change overtime. The judicial review notes for Law 6/2023 in the JDIH BPK contain 21 points of that decision, and the article on overtime work does not include it. What is affected is actually its neighbor, Article 79 paragraph (2) letter b regarding weekly breaks, which now must be read to include two days for a five-day workweek, and that workweek pattern determines which multiplier series applies.
Once the basis for wages and rights is clear, the rest is mechanical and can be resolved with the overtime wage calculator.