European UnionMy employer makes me work over 48 hours a week. Is this legal in the EU?
No, it is generally illegal for your employer to make you work more than 48 hours per week on average in the EU, unless you have freely opted out in writing.
What the Law Says
The EU Working Time Directive sets binding limits on working hours to protect workers’ health and safety. It applies to all workers in EU Member States, and national laws must implement its minimum standards.
The core rule is that the average working time — including overtime — must not exceed 48 hours per week over a reference period of up to seven days. This average can be calculated over a longer period (up to four months), as long as it’s agreed in collective agreements or national law and remains fair to workers.
Workers are also entitled to daily rest of at least 11 consecutive hours per 24-hour period and uninterrupted weekly rest of at least 24 hours (plus the 11-hour daily rest, totaling 35 hours) per seven-day period.
Crucially, the 48-hour limit can only be exceeded if the worker signs a *freely given, written, and revocable* opt-out agreement. Employers cannot pressure, incentivise, or penalise workers for refusing to opt out.
Statutory Textthe average working time for each seven-day period, including overtime, does not exceed 48 hours
— Directive 2003/88/EC, art. 6 — Maximum weekly working time
Statutory Textevery worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period
— Directive 2003/88/EC, art. 3 — Daily rest
Statutory Textevery worker is entitled to an uninterrupted rest period of at least 24 hours plus the 11 hours' daily rest in each seven-day period
— Directive 2003/88/EC, art. 5 — Weekly rest
What to Do
Check whether you signed a valid, written opt-out — it must be voluntary, revocable, and not tied to employment conditions.
Keep records of your actual working hours (start/end times, breaks, overtime) for at least two months.
Raise the issue with your employer in writing, citing Directive 2003/88/EC and your national implementing law.
Contact your national labour inspectorate or trade union for support — enforcement is handled at Member State level.
If unresolved, file a complaint with your national court or labour tribunal; you cannot be dismissed or disadvantaged for asserting your rights.
Sources
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IndiaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.