Извънреден труд в България | Адвокатска кантора "KGK"

Overtime work is a common practice in a dynamic business environment, but it is also one of the most strictly regulated areas of labour law. In essence, it is work performed by order of, or with the knowledge and without the objection of, the employer outside the employee’s established working hours. Although the Labour Code defines it as prohibited in principle, the law provides for exceptions that allow it under specific conditions. Failure to comply with these rules entails serious financial and legal risks for employers, while knowing them gives employees effective tools to protect their rights.

This article aims to provide a clear and practically oriented analysis of the overtime work regime in Bulgaria as of 2026, examining when it is permissible, what the limitations are, how it is paid, and what sanctions apply in the event of violations, including through the prism of current case law.

When Is Overtime Work Permitted?

Overtime work is allowed only as an exception, in cases expressly listed by law and related to urgent needs of society or the enterprise (Article 144 of the Labour Code). These include:

Work related to the defence of the country;
Preventing and overcoming the consequences of disasters;
Urgent socially necessary work (e.g. repair of water supply or electricity supply systems);
Emergency restoration work within the enterprise;
Completion of work already started that cannot be performed during regular working hours;
Performance of intensified seasonal work.

Time limits – The Labour Code sets strict quantitative limits on the duration of overtime work for a single employee:

150 hours per calendar year. This limit may be increased to 300 hours per year, but only if this has been agreed in a collective labour agreement.
30 hours of daytime work or 20 hours of night work in one calendar month;
6 hours of daytime work or or 4 hours of night work in one calendar week;
3 hours of daytime work or 2 hours of night work over two consecutive working days.

*However, these monthly, weekly, and daily limits do not apply to work related to defence, disasters, and urgent socially necessary activities.

Who Cannot Work Overtime and How Can It Be Refused?

The law provides special protection to certain vulnerable groups of employees, for whom overtime work is completely prohibited. These are:

Employees under 18 years of age;
Pregnant employees and employees at an advanced stage of in vitro treatment;
Employees working under home-based work arrangements.

For other groups, their express written consent is required for each specific case::

Mothers with children up to 6 years of age;
Mothers caring for children with disabilities (regardless of the child’s age);
Employees with reduced working capacity (provided that it does not adversely affect their health, according to the opinion of the health authorities);
Employees who continue their education without leaving work.

Every worker or employee has the right to refuse to perform overtime work if the employer has not complied with the legal requirements. The refusal must be made in writing, with reasons, before the work begins. The employee may not be subjected to disciplinary sanctions for such refusal unless it is subsequently proven that the refusal was unlawful.

Regarding the Procedure for Assigning Overtime Work:

The lawful assignment of overtime work requires compliance with a strict formal procedure. The employer is obliged to issue a written order, which must be communicated to the employees at least 24 hours in advance..

Each hour of overtime worked must be duly documented. The employer is obliged to maintain a special register for recording overtime work. It must contain the employee’s name, the number of the order, the date and time when the work started and ended, as well as the remuneration paid.

In addition, the employer is obliged to report the overtime worked to the relevant Labour Inspectorate Directorate by 31 January of the following calendar year.

Additional Remuneration for Overtime Work Performed:

The way overtime work is compensated is by granting additional remuneration. The Labour Code provides for payment at an increased rate, agreed between the parties, but not lower than:

50% increase for work on working days;
75% increase for work on rest days;
100% increase for work on official public holidays;
50% increase where working time is calculated on a summary basis.

For work on an official public holiday, even where it does not constitute overtime work, at least double remuneration is payable. Employees with irregular working hours do not receive additional remuneration for overtime worked on working days, but they do receive such remuneration for work on rest days and public holidays.

IMPORTANT! The Labour Code does not provide for the possibility of compensating overtime work with additional time off. Only where work has been performed for more than 6 consecutive days is the employer obliged to provide an uninterrupted rest period of at least 24 hours in the following week.

One additional and interesting point regarding the summary calculation of working time. According to Interpretative Decision No. 8 of 27.03.2013 in interpretative case No. 8/2012 of the Supreme Court of Cassation, General Assembly of the Civil Chamber, where working time is calculated on a summary basis and the employee has taken leave, the norm for the period is reduced proportionally to the days actually worked, and the hours exceeding that reduced norm are considered overtime work.

Risks

Failure to comply with the rules on overtime work leads to serious administrative sanctions for the employer. Control is exercised by the General Labour Inspectorate – Article 414 of the Labour Code.

Proving Overtime Work Without a Written Order

One of the most interesting and practically significant questions is how an employee can prove that they performed overtime work if the employer did not issue a written order and did not keep the special register. Case law is categorical that the absence of formal documentation does not deprive the employee of the right to remuneration if the performance of the work can be proven in another way.

The definition in Article 143, paragraph 1 of the Labour Code also includes the situation in which the work was performed “with the knowledge and without the objection of the employer”. The Supreme Court of Cassation accepts that the employer’s tacit allowance of work outside regular hours is equivalent to consent. The absence of an overtime register is a breach by the employer, from which the employer cannot derive rights, and it does not disprove the fact that the work was performed.

In a number of cases, the courts have upheld claims for payment of overtime work proven through:

Witness testimony: In Decision No. 234/2017 of the Ruse District Court, the court found it proven that an employee under a 4-hour employment contract had in fact worked 8 hours per day, based on the testimony of colleagues and the fact that the manager had been present and aware of this.
Written evidence and expert reports: In Decision No. 872/2011 of the Supreme Court of Cassation, the court accepted as evidence cash register reports showing sales made after the end of working hours. In another interesting case (Decision No. 261529/2020 of the Sofia City Court), the court recognised travel time during a business trip outside regular working hours as overtime work, proven by the travel orders and a forensic accounting expert report.

Conclusion

The overtime work regime in Bulgaria strikes a balance between the need for flexibility for employers and the protection of employees’ health and right to rest. As of 2026, the legislation remains strongly restrictive, and the sanctions for violations are significant.

For employers it is of key importance to know and strictly comply with the procedures-from the permissible cases and quantitative limits to the formal requirements for orders and reporting. Case law shows that the informal assignment of work “with knowledge” does not relieve them of liability; on the contrary, it deprives them of the ability to control the process and exposes them to the risk of future claims and substantial fines.

For employees , it is important to know that their rights are strongly protected. Even in the absence of a written order, they may successfully claim payment for overtime work performed if they can prove it through witnesses, documents, or other means. Knowing the rules gives them the confidence to refuse unlawfully assigned work and to seek the compensation due to them.