Complete guide

Overtime in Portugal 2026: new rules and what you get paid

How much overtime pays in Portugal in 2026 and the 100-hour rule that doubles the rate. The reform's individual hours bank was rejected on 19 June 2026.

The rules for overtime in Portugal in 2026 are the same as last year: paid with an increase, with an annual limit, and more expensive past 100 hours. The Trabalho XXI labour reform wanted to bring back the individual hours bank, but it was rejected by the Assembly of the Republic on 19 June 2026. Nothing changed.

This guide shows you how much you get paid today first. Then what the bill wanted to change. For the full table of percentages and the hourly rate formula, see the detailed guide on how overtime is paid.

How much overtime pays today

The rule many people do not know is the 100-hour rule. Since Law 13/2023, the value of overtime doubles once you go past 100 hours in the same year (Art. 268(2)).

WhenUp to 100 hours/yearFrom hour 101
Working day, 1st hour+25%+50%
Working day, later hours+37.5%+75%
Weekly rest day or public holiday+50%+100%

The count is annual and resets in January. The percentages always apply to your normal hourly rate (Art. 268(1)).

Note: these are the values set by law. Your collective agreement can set different values (Art. 268(3)). As a rule they are more favourable, but always check the agreement for your sector.

See the full overtime pay breakdown

Percentages by type of day, the hourly rate formula and worked examples with real numbers. Everything on overtime pay in under 5 minutes.

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The limits that still apply

The law sets two brakes on supplementary work (Art. 228):

  • Per day: a maximum of 2 hours on a normal working day. If your schedule ends at 6pm, the company can only ask you to stay until 8pm.
  • Per year: a maximum of 150 hours. In a micro or small company, the limit rises to 175 hours. A collective agreement can extend it to 200 hours.

Not even the rejected bill wanted to touch these limits. In cases of force majeure or unforeseeable urgent need, they can be exceeded, but that is the exception. You can refuse overtime with a valid reason, such as health problems, caring for a dependent family member or studies (Art. 227). The refusal must be communicated in writing.

What the Trabalho XXI reform wanted to change

[Bill:] everything in this section was in the Trabalho XXI bill, rejected in the first general vote on 19 June 2026. It is not law and never came into force.

The concrete change in the Government's documents was the return of the individual hours bank. Today the hours bank only exists through a collective agreement or group referendum. The bill would let you and the company agree it directly, without needing the union.

How it would have worked, according to the Government:

  • Express agreement required. Without your written yes, there is no hours bank.
  • Limits: 2 hours per day and 150 hours per year.
  • Request with 3 days notice from the company.
  • Credit hours taken within 6 months or, if not, paid at the end with a 25% increase.

[Common interpretation:] this is why the individual hours bank was one of the most criticised points. It swapped the immediate payment of overtime for deferred rest. With the rejection, that debate is over for now: the individual hours bank stays banned.

The Government's public documents also said the supplementary work regime would be revised, without announcing new pay percentages. With the rejection, the current percentages of Art. 268 in the table above apply.

What does not change

  • The percentages of Art. 268 stay in force: +25% / +37.5% / +50% up to 100 hours, doubling after that.
  • The limits of Art. 228 stay: 2 hours per day, 150 or 175 hours per year.
  • The right to compensatory rest (time off instead of money, equal to the time worked plus 25%) stays in Art. 229. Do not confuse it with the hours bank, which is a different regime.
  • The duty to keep records. The company must record all overtime. Failing to record it is a serious administrative offence (Art. 231).

What you should do now

  • Count your hours. Did you pass 100 hours in the year? The following hours are worth double. Check that your payslip reflects this.
  • Keep evidence. Clock-in records, emails asking you to stay, out-of-hours system access. You have 1 year to claim pay (Art. 337).
  • Before accepting an hours bank (by collective agreement or group referendum), read it carefully and understand how you will use the hours.
  • If the company does not pay, keep the contract and payslips and file a complaint with the ACT. The step by step is in the guide on how to file an ACT complaint.

To understand the whole reform package and what happened in the vote, see the guide on the 2026 labour reform and dismissal.

This guide is for information purposes and does not replace individual legal advice.

Frequently asked questions

How much do I get paid for overtime in Portugal in 2026?+
For the first 100 overtime hours in the year: +25% on the 1st hour of a working day, +37.5% on later hours, and +50% on a rest day or public holiday (Art. 268(1)). From hour 101 in the year, these values double: +50%, +75% and +100% (Art. 268(2)). The percentages apply to your normal hourly rate.
Is it true that overtime pay doubles past a certain point?+
Yes. Since Law 13/2023, supplementary work above 100 hours per year is paid double (Art. 268(2)). Up to 100 hours: +25% / +37.5% / +50%. After 100 hours: +50% / +75% / +100%. The count is annual and resets each calendar year.
How many overtime hours can I be required to work per year?+
The law sets a maximum of 2 hours per normal working day and 150 hours per year (Art. 228). In a micro or small company the annual limit rises to 175 hours. A collective agreement can extend it to 200 hours. You can refuse with a valid reason, such as health or caring for family members (Art. 227).
What is the individual hours bank in the Trabalho XXI reform?+
It was the proposal to let you and the company agree to extend working hours directly, with a limit of 2 hours per day and 150 hours per year, time off within 6 months or payment with a 25% increase. It was rejected by the Assembly of the Republic on 19 June 2026. The individual hours bank stays banned, as it has been since 2019.
With the hours bank, do I stop getting paid for overtime?+
Under an hours bank in force (by collective agreement, Art. 208, or group referendum, Art. 208-B), the extra hours are not paid as supplementary work in the month: they go into a credit and you rest later. The individual hours bank by direct agreement, which the Trabalho XXI bill wanted to bring back, was rejected on 19 June 2026 and stays banned.
Does the labour reform change overtime pay rates?+
No. The Trabalho XXI reform was rejected by the Assembly of the Republic on 19 June 2026 and nothing changed. The current percentages of Art. 268 apply: +25% / +37.5% / +50% for the first 100 hours of the year, doubling from hour 101. The topic went back to the Social Concertation on 15 July 2026, with no set timeline.
The company did not pay my overtime. What can I do?+
You have 1 year from the breach to claim (Art. 337). Keep clock-in records, emails and out-of-hours system access as evidence. Non-payment and failure to record are serious administrative offences (Art. 231). You can file a complaint with the ACT and claim the amounts in the labour court.
Can I swap overtime for time off instead of money?+
Yes, by agreement. You are entitled to compensatory rest equal to the time worked plus 25% (Art. 229). For example, 1 overtime hour gives 1 hour 15 minutes of time off. A collective agreement can remove this option. Do not confuse it with the hours bank, which is a different regime that only exists through a collective agreement or group referendum.

Official sources

5 references

This guide is for informational purposes only and does not constitute legal advice. For your specific situation, consult a lawyer or official authority. Found an error? Let us know at ola@despacho.pt.