Overtime and DSR Calculator - Labor Rights
Calculate online the value of your day and night overtime hours reflected in the DSR in accordance with the CLT. Understand labor formulas and rights.
What is the purpose?
This tool helps calculate the amount to be received for overtime of work performed beyond the worker's contracted working hours.
Formula Used
- Common Time Value:
Hora Comum = Salário BrutoJornada Mensal
- Extra Hour Value:
Hora Extra = Hora Comum × ≤ ft(1 + Adicional \%100\right)
- Reflection on DSR:
DSR = ≤ ft(Total Ganho em Horas ExtrasDias Úteis no Mês\right) × Domingos e Feriados
How to interpret the result?
The calculation displays the worker's base Hourly Salary, the increase in overtime under the selected percentage, the value of additional hours accumulated in the period and the respective DSR, resulting in the total gross amount to be received.
Practical Examples
Worker with a salary of $2,200.00, a 220-hour working day and 10 overtime hours worked at 50% in a month with 26 working days and 4 Sundays:
- Regular hour: $ 10.00
- Overtime with 50%: $ 15.00
- Total overtime: $ 150.00
- Reflection in DSR: ( 150,00 / 26) * 4 = 23.08
- Total receivable: $ 173.08.
Usage Tips
- The common working day in Brazil is usually 220 hours per month (44 hours per week) or 200 hours per month (40 hours per week).
- Usual overtime is included in the calculation of thirteenth salary, vacation and FGTS.
- Nighttime overtime is calculated on the working hour plus nighttime premium (generally 20% in urban areas).
Important Observations
This tool provides a calculation estimate in accordance with the general rules of the CLT. Union collective agreement rules may establish higher percentages or different divisors.
Frequently Asked Questions (FAQ)
What is the minimum percentage of overtime by law?
The Federal Constitution of 1988 establishes that the value of overtime must be at least 50% higher than that of ordinary working hours.
How does the DSR work on overtime?
The Paid Weekly Rest (DSR) must reflect the overtime normally worked. The calculation divides the total amount of overtime by the working days of the month and multiplies it by the Sundays and holidays of that same month.
Is anyone working in a position of trust entitled to overtime?
Generally not. Management, board or trust positions (provided for in article 62 of the CLT) that have broad autonomy and decision-making power are not subject to working hours control and, therefore, do not receive overtime.
How does the time bank and journey compensation work?
The time bank is a system that allows overtime worked to be compensated with days off or reduced working hours on another day, instead of payment in cash, as long as it is provided for in an individual agreement or collective agreement and within the legal validity periods.
What is the nighttime surcharge and how is it calculated?
Night work (between 10pm and 5am) has an additional payment of at least 20% over daytime hours, in accordance with article 73 of the CLT. Furthermore, the night time is fictitiously reduced to 52 minutes and 30 seconds (instead of 60 minutes), which in practice increases the number of night hours counted. If there is overtime at night, the additional amount (50% or 100%) applies to the hour already plus the nighttime premium.
Can overtime be compensated for time off (hour bank)?
Yes. The time bank allows you to compensate overtime with days off, avoiding payment in cash. It can be established by individual written agreement for compensation within up to 6 months or by collective agreement/convention for up to 1 year. Hours not compensated by the deadline must be paid with the corresponding additional amount. The Labor Reform (2017) made the rules more flexible, but compensation must respect the maximum daily working day of 10 hours.
What is the maximum limit of overtime per day?
The CLT allows a maximum of 2 overtime hours per day, totaling 10 hours of daily work. This limit can be temporarily extended in emergency situations (force majeure) with authorization from the MTE. Collective agreements may provide for different limits. Failure to comply with the limit exposes the employer to administrative fines and labor lawsuits for damage to the worker's health.