As the result of a case heard earlier this year by the European Court of Justice, the answer is ‘no’ unless there is a provision in the employment contract giving the employer the right to insist that overtime is worked. The employee had been dismissed for refusing to work overtime and the Court held that he was quite entitled to refuse as his contract said nothing on this issue. Accordingly, contracts should contain an appropriate requirement and always be checked before any attempt to insist upon overtime being worked is made.
Overtime?
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