What is the maximum overtime for an employee? Overtime work

10.10.2019

In the article, we will consider what is meant by overtime work, what guarantees and compensations are due to employees, how to apply for involvement in it, and, most importantly, how to correctly calculate and pay for such work.

What kind of work is considered overtime?

Overtime work complies with the conditions: (part 1 of article 99 of the Labor Code of the Russian Federation):

performed at the initiative of the employer;
it goes beyond the limits of the length of working time established for the employee - daily work (shift).

If an employee is delayed at work on his own initiative, such work is not considered and is not paid as overtime (Letter of Rostrud dated 18.03.2008 No. 658-6-0).

Also, the performance of labor duties within the framework of an irregular working day is not recognized as overtime work.

If the organization has adopted a summarized accounting of working time, then in this case, overtime is considered to be work established in excess of the normal number of working hours for the accounting period. The employer needs to define in the rules of the internal work schedule accounting period (month, quarter or other period up to a year). This is necessary for the correct calculation of hours worked by the employee overtime (Article 104 of the Labor Code of the Russian Federation).

Involvement in overtime work should not be systematic, it can occur sporadically in certain cases (Rostrud letter dated 07.06.2008 No. 1316-6-1).

Length of overtime

The normal working time is 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Duration overtime should not exceed four hours for each employee for two consecutive days and 120 hours per year (part 6 of article 99 of the Labor Code of the Russian Federation).

Tip one: in reflect the time worked by the employee overtime in the time sheet (for example, in the form N T-12 or N T-13, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1). The obligation of the employer Ensure accurate records of overtime for each worker. Overtime hours in the timesheet, mark the letter code "C" or the number "04", under which the number of hours of processing is indicated.

True, for some categories of workers, a reduced working time is established, which is normal for them (Article 92 of the Labor Code of the Russian Federation). These include, in particular:

minor workers - from 24 to 35 hours a week, depending on age;
disabled people of group I or II - no more than 35 hours a week;
employees whose working conditions at their workplaces, according to the results of a special assessment of working conditions, are classified as harmful working conditions of the 3rd or 4th degree or dangerous working conditions - no more than 36 hours a week;
women working in the regions of the Far North (Article 320 of the Labor Code of the Russian Federation);
teachers (Article 333 of the Labor Code of the Russian Federation);
health workers (Article 350 of the Labor Code of the Russian Federation).

The rules regarding overtime work apply both to employees at the main place of work and to part-time workers.

Example 1 . The accountant is given a five-day work week and an eight-hour working day from 9.00 to 18.00 (with a lunch break from 13.00 to 14.00). The manager asked the accountant to stay until 20.00 to prepare a report for him. The time interval from 18.00 to 20.00 in this case is overtime work.

Example 2 The locksmith works 5 days a week - from Monday to Friday from 9.00 to 18.00. To eliminate the accident, he was called to work on Saturday from 10.00 to 20.00. Does this count as overtime work?

No, this is considered work on a day off and is regulated by Art. 153 of the Labor Code of the Russian Federation. Thus, if a locksmith receives a salary and has worked out a monthly norm of working time, then his work on a day off must be paid in the amount of at least double the hourly rate in excess of the salary (part 1 of article 153 of the Labor Code of the Russian Federation). Work performed on non-working holidays is also not considered overtime.

Who should not be required to work overtime

The following employees are prohibited from working overtime:

pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);
persons under the age of 18,

The exception is:

certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their List was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252;
athletes, if the collective or labor contract, agreements, local regulations establish cases and procedures for engaging in overtime work (part 3 of article 348.8 of the Labor Code of the Russian Federation);
employees during the period of validity of the student agreement (part 3 of article 203 of the Labor Code of the Russian Federation);
other employees (as a rule, restrictions are established for medical contraindications, for example, for persons with an active form of tuberculosis - Decree of the Council of People's Commissars of the USSR of 01/05/1943 N 15; drivers admitted to driving vehicle as an exception due to a special state of health, - Sanitary rules for occupational health of car drivers, approved by the Ministry of Health of the USSR on 05.05.1988 N 4616-88).

In addition, for some categories of employees there is a special procedure for engaging in overtime work. The employer is obliged:

obtain the written consent of the employee;
make sure there are no medical contraindications;
familiarize employees against signature with the right to refuse to perform overtime work.

Such employees include (part 5 of article 99, article 259, article 264 of the Labor Code of the Russian Federation):

disabled people;
women with children under the age of three;
mothers and fathers raising children under the age of five without a spouse;
workers with disabled children;
employees caring for sick members of their families in accordance with a medical report;
guardians (custodians) of minors.

Involvement in overtime work with the consent of the employee and without his consent

By order of the employer, an employee without his consent can be involved in overtime work: (part 3 of article 99 of the Labor Code of the Russian Federation):

to prevent a catastrophe, industrial accident, eliminate their consequences;
industrial accident or liquidation of their consequences;
to eliminate the circumstances due to which the centralized systems of water, heat and gas supply, transport and communications do not function;
in the event of a state of emergency or martial law and in other emergency cases that threaten the population (fires, floods, etc.).

To bring to work on the specified grounds the consent of the trade union organization, since these circumstances are extraordinary. For refusal to perform such work, an appropriate act is drawn up, and the employee is subject to disciplinary liability.

With the written consent of an employee, an employee can be involved in overtime work in the following cases (part 2 of article 99 of the Labor Code of the Russian Federation):

if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to specifications the production could not be performed (completed) during the working hours established for the employee, if failure to perform this work could lead to damage or destruction of the employer's property or pose a threat to the life and health of people;
during temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause a stoppage of work for many employees;
to continue work if the replacement employee does not appear, if the work does not allow a break.

The employer is obliged to familiarize certain categories of employees with the right to refuse such work against signature. In the Ruling of November 14, 2006 in case N 4-B06-31, the Supreme Court of the Russian Federation indicated that Art. 371 of the Labor Code of the Russian Federation provides for the obligation of the employer to make decisions taking into account the opinion of the relevant trade union body, even if he is not a member of the trade union.

Tip two: verbal agreements can lead to unnecessary disputes. To avoid this, take the position that all employee-employer agreements are documented. Issue an order for involvement in overtime work and familiarize the employee with it. A unified form of such an order has not been approved, so the employer has the right to develop it independently. In the order, indicate the reason for involving the employee in overtime work, the date the work began, the last name, first name, patronymic of the employee, his position and the details of the document in which the employee expressed his consent to be involved in such work.

Tip three: if the collective agreement or other local regulatory act establishes the amount of the additional surcharge, then indicate this amount in the order. The amount may also be determined by agreement of the parties. Overtime work can be compensated by an increased wage or additional rest time at the request of the employee (Article 152 of the Labor Code of the Russian Federation). If the employee has decided on the form of compensation, include this item in the order as well. Familiarize yourself with the order of the employee under the signature. By the way, the legislation does not oblige the employer to provide additional rest at a time convenient for the employee. However, the parties can always agree.

Additional rest time

At the request of the employee, payment for involvement in overtime work can be replaced by the provision of additional rest time. How long should this rest be?

Rest time cannot be less in duration than the time worked overtime (152 of the Labor Code of the Russian Federation). Thus, if an employee has worked overtime for four hours, then the additional rest time provided to him as compensation must be at least four hours. Overtime work in this case is paid in a single amount.

Additional rest time is not paid in any way and is provided on the basis of an order (instruction) of the employer, with which the employee must be familiarized against signature. By the way, it may not necessarily be a day or a shift. As practice shows, depending on the volume of processing, it can be an hour or several hours.

If the employee is given a whole day of rest, then in the time sheet it should be reflected in the letter code "HB" or the digital code "28" - as an additional day off without saving wages(Resolution of the State Statistics Committee of Russia dated 05.01.2004 N 1). But the situation when the provided rest time is measured not in days, but in hours or minutes, is not provided for by the Resolution and there is no corresponding code. You can indicate in the time sheet only the time actually worked per day, or independently develop a designation for such a case and fix it in a local regulatory act.

Key points related to overtime work:

ask for the written consent of the workers and the opinion of the elected body of the primary trade union organization;
check whether, according to the medical report, the employees involved are not contraindicated to work overtime;
compensate for work in excess of normal working hours;
Reflect in the collective agreement or other local regulatory act the procedure for attracting employees to work overtime, providing extra days rest and the mechanism for calculating the cash compensation for overtime (for example, whether increased overtime pay will include bonus payments);
keep an overtime log and use it to keep track of employees not working more than 120 hours a year.

In case of violation of the procedure for attracting an employee to overtime work, the employer is liable in accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation is a fine from 30,000 to 50,000 rubles, and an official who committed a violation - in the amount of 1,000 to 5,000 rubles. In case of committing a similar violation repeatedly - under Part 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

All - learn how to competently formalize labor relations from hiring to dismissal.

At a certain stage in the formation of society, such a thing as "overtime work" arose. Its appearance is determined by two other social phenomena - hired activity and the normal duration of working hours. Next, we will analyze what constitutes overtime work and their payment.

General information

Overtime work, which is paid in a special way, is primarily associated with the actual emergence of hired activity. Accordingly, hired people appeared. Along with this, such a thing as "normal working hours" arose. The latter phenomenon is always associated with a complex struggle between hired people and employers for their interests.

For the worker, the norm of the working day, on the one hand, should provide an opportunity to develop and maintain his professional abilities, to prevent premature deterioration of the body. On the other hand, it must allow for sufficient Money to meet social needs, both his own and those of the family in which he lives. For the employer, the norm of labor time should ensure such an organization of production activities that would allow the release on the market of a volume of products sufficient to compensate for the costs of its manufacture and receive income on invested capital.

Main problems

According to Art. 91 of the Labor Code, the length of working time cannot be more than 40 hours per week. In its activities, the employer can not always comply with the norms. For example, an unforeseen accident, a process failure, a power outage, and other circumstances may occur at a plant. All this leads to a loss of labor time, a decrease in production volume and product quality, and other negative phenomena.

In addition, there may be a need to fulfill a profitable or urgent order. In order to partially or fully compensate for the losses, the employer is forced to resort to an increase in the amount of labor time. In some cases manufacturing process is of such a nature that it simply cannot occur within the normal duration. In this regard, it requires the use of specific forms of organization of activities.

Legal aspect

As shows international practice, in society, under certain circumstances, there is overtime work. Payment for it is carried out according to the standards adopted in the country. In Russia, this procedure is regulated by law. In particular, art. 97 of the Labor Code states that the employer has the right to involve the employee in activities outside the normal duration labor day according to established order.

Duration standards are determined by the Code itself, other laws of federal significance and other regulations, collective agreements, contracts, local documents. The norm of the length of the day is fixed in the labor contract. An employee may be involved in additional activities if an irregular day is set for him or overtime work takes place. Payment in these cases is different.

Definition

Art. 99, part 1 of the Labor Code states that overtime work is an activity performed by an employee at the initiative of the employer outside the daily shift. When summing time, this is activity in excess of the normal number of hours during a particular period. One of the important characteristics follows from the context. It is, in particular, that overtime work acts as a forced measure. It is caused by violations of the normal course of the production process.

Types of staff engagement

They are classified on the basis of the reasons for which there was a need for overtime work. There are 3 types of employee engagement:

Written agreement

The law establishes the following cases in which the involvement of this type is allowed:

In the event that it is necessary to complete (perform) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be completed (performed) during the normal duration of the shift established for the employee, if its incompleteness may lead to damage to the property of the employer (including owned by third parties, but located in production, if the employer is responsible for its safety), municipal, state property or pose a threat to the health and life of people.
When carrying out activities related to the repair and restoration of mechanisms or structures when malfunctions can cause a stop in production.
To continue work in case of non-appearance of the shift, if it does not allow a break. In such cases, the employer must find a replacement employee.

Engagement without consent

The law defines the following conditions under which this is possible:

To prevent a production accident or catastrophe and / or eliminate their consequences.
When carrying out socially important activities to combat unforeseen circumstances that disrupt the stable functioning of communication, transport, sewerage, heating, gas and water supply systems.
When performing work that is necessary during the introduction of martial law or a state of emergency, as well as urgent actions in emergency situations. In this case, we are talking about disasters - fires, famine, floods, epidemics, earthquakes, or their threat.

Written consent, taking into account the opinion of the competent authority

This type of attraction is possible in other cases not listed in parts 2 and 3 of Art. 99. The Code does not provide a specific list of these situations. As world practice shows, overtime work is resorted to due to adverse weather and various force majeure circumstances.

In particular, we mean the factors that provoked serious disruptions in the production process and the loss of time due to its suspension. The situation is not considered a violation of the law when the employer, with the written consent of the employees, taking into account the opinion of the elected body of the trade union, organizes, for example, the execution of a very profitable and urgent order overtime.

Duration limits

In Art. 99 it is established that the duration of overtime work should be no more than 120 hours / year and 4 hours for 2 consecutive days for each employee. This restrictive practice exists in many countries. This limit can be yearly, monthly, weekly or daily. In Russia, in some cases, a combination of these maximums is used. In a number of states, the duration of overtime work is not limited by law. For example, this is typical for the USA and Denmark. And in Japan, the duration has no restrictions for adult men.

Special categories

According to Art. 264, 259 and 99 it is allowed to involve the following persons in overtime work:

disabled people;
fathers and mothers who are single-handedly raising children under the age of five;
women with dependents under the age of three;
guardians of children under the age of five;
employees caring for sick relatives;
workers who have dependent children with disabilities.

At the same time, their written consent, as well as the absence of medical contraindications in accordance with the conclusion issued in accordance with the procedure determined by the Federal Law or other regulatory acts, are mandatory conditions. Employees of these categories should be familiar with the right to refuse to work outside the shift.

Overtime: pay (general information)

From the above features - compulsion, emergency, not in all cases of voluntary reduction of free time of employees - comes a specific approach to determining the amount due to personnel for activities outside the shift. How is payment made? Overtime work (the Labor Code of the Russian Federation contains fairly clear instructions on this issue) is compensated to employees in an increased amount. The sum consists of two parts. One pay is for regular work and the other is for overtime work. The Labor Code of the Russian Federation establishes mandatory compensation for the reduction of a person's free time. Accounting is done by the hour.

Overtime: Labor Code. Payment

How does a person receive their compensation? The accounting process is regulated by article 152. Payment for overtime work is carried out depending on the number of hours. So, for the first 2 hours, payment is 1.5 times more than usual. Subsequent hours are charged double overtime pay. The specific amount of the amount may be determined in the contract between employees and the employer, a local act or collective agreements. At the request of a specialist, payment for overtime and night work can be compensated by providing additional rest. His time should not be less than the number of hours spent on off-shift activities.

Thus, the legislator has provided two options for compensation, how payment is made (overtime, the Labor Code of the Russian Federation is the legal basis for these forms). They are in line with world practice. The first is increased overtime pay, the second is additional rest. In this case, the employee has the right to choose any of the forms. If he does not wish to take additional rest, then he will be charged overtime pay. The amounts established by law are considered the minimum (basic) guarantees of the state. A contract or a collective agreement, as well as a local act, may establish a different procedure for paying for overtime work. However, it must not be contrary to law. In practice, many employers set a double rate from the first hour of overtime work.

Important point

AT labor code there are regulations prohibiting certain types of overtime work. The same restrictions are contained in other regulations. Thus, it is forbidden to carry out overtime work with vibration hazardous, pneumatic tools, chainsaws and other complex technical equipment.

Accrual system

When determining in an employment contract, collective agreement or local act the amount for overtime work, it should be clearly and precisely formulated what will be included in it. So, there are, for example, "harmful" industries. If off-shift activities are carried out under such conditions, despite the fact that during normal hours the employee receives more than other employees in the “harmless” enterprise, overtime pay is also based on these conditions.
Often it is necessary to involve not one person, but a team in activities outside the shift. If the superintendent is given a supervising bonus at normal times, these conditions apply to overtime. That is, he must receive the amount increased by the established amount. If an off-shift employee ceases to perform some of the tasks assigned to him during normal hours, then they should not be paid.

Examples

The employee in the main time combines positions. Accordingly, he receives a surcharge for this. If the combination of positions is not required to carry out activities outside the shift, the conditions for receiving increased compensation do not apply to the combination. When determining the amount of compensation in the documentation, it is necessary to establish how the overtime pay will be calculated if the employee is already receiving more during regular time. For example, there is a multi-shift regime. The employee must finish the activity at 20 o'clock. But his replacement did not come out. The employee confirms his consent to overtime work until a shift is found, but not longer than 4 hours. What can he claim in this case? Overtime pay can be paid as follows:

Increased size for 4 hours off shift. At the same time, from 20 to 22 hours - the rate is 1.5, and from 22 to 24 - 2.
At least 40% for activities at night for 2 hours of work.
For the first 2 hours - 20% for the performance of duties in the evening outside the shift (if this condition is provided by the employer).

World practice

Acts of the International labor organization provide that overtime work is paid at a rate greater than regular time by 25%. As mentioned above, compensation may be additional rest. Thus, the system of time off is used in Luxembourg, Switzerland, Denmark, the Netherlands, Belgium, Italy, Germany, France. In these states, it is provided for by law or on the basis of a collective agreement. In some countries, overtime pay is based on regular size. This refers to states with specific systems that imply the obligation to conduct activities outside the shift to compensate for the loss of regular time provoked by force majeure, natural disasters, strikes and other circumstances. In a number of countries, overtime work at night is generally prohibited. Exceptions are special, duly justified cases with the consent of the Ministry of Labor. Spain, for example, is such a country.

Holidays and weekends

In Art. 153 it is established that payment during these periods is carried out at a double rate. But activities can be carried out both within and outside the shift. The procedure for payment on weekends and holidays is established by the current resolution of the Presidium of the All-Union Central Council of Trade Unions and the USSR State Labor Committee of 1966. It also approved an explanation on compensation issues. Thus, paragraph 4 states that when calculating hours on weekends and holidays, overtime work should not be taken into account, because it is already paid at a double rate. By decision of the Supreme Court, this provision is considered not contrary to the law.

Tariff-free system

In this case, a certain procedure for payment of overtime work should be established. You can consider the case when the calculation takes into account the actual time. In such a situation, two options are possible. The first is that overtime activities are translated into conventional hours of the main work. Thus, they increase the total fund of time. It is taken into account in the process of distributing wages to employees. The first 2 hours of activity outside the shift are converted into conditional with a coefficient of at least 1.5, the next - at least 2. For example, an employee worked 11 hours with a main day of 7 hours. tariff-free system at least 14 hours are credited to him: 7+(2x1.5)+(2x2). According to the second option, the average hourly earnings are calculated. For activities outside the shift, the tariff established by the employer is charged. It should not be less than 50% of earnings per hour for the first 2 hours and 100% for the next time.

Source of compensation

It can be a special wage fund formed by the employer. Among other things, it is intended for the implementation of guarantee charges, which are provided for by law or other regulations, a collective agreement, a contract between an employer and an employee. A local act of the enterprise, for example, an order to pay overtime, can also serve as a basis. Some employers use a bonus system as compensation. However, this practice is generally considered not very successful. It is more expedient to use bonuses when calculating salaries during the main working hours.

Even if you really love your job, you are unlikely to want to stay on it longer than necessary. Or, for certain reasons, you still want to? And if the employer asks or insists about it?

When is overtime unacceptable and when is it acceptable? In what cases is it impossible to refuse a “tempting offer”? How to pay for additional labor and properly document it?

What is overtime?

At each enterprise, a certain working regime is organized, providing for the duration of work and rest time. It is reflected in internal regulations. The duration of the working day is strictly regulated by the law on labor protection, the time of work shifts is also determined. Sometimes a general record of working hours is kept, summed up during the week or month. Any work that goes beyond these limits, initiated by the employer, is called overtime.

The Labor Code of the Russian Federation speaks of the nuances of exceeding the established temporary work standards in Art. 99, and remuneration for such work is paid in accordance with Art. 152.

What extra work is not overtime

An important nuance is that the initiative of overtime work should come from the employer. If a particularly zealous employee decides to stay at his favorite job for own will, his additional work will not be taken into account and paid according to the requirements of the law for overtime work (Letter of Rostrud dated March 18, 2008 No. 658-6-0).

Overtime is also not recognized as work performed in the regime of irregular working hours.

IMPORTANT! Overtime work cannot be a permanent practice in the enterprise, it can be resorted to only if necessary and from time to time.

Permission required!

In order for an employee to work longer than required by the established work schedule or shift duration, or exceed the total number of hours for the billing period, the employer must first ask for consent. Before you think about involving your subordinates in overtime work, you should obtain permission:

a trade union organization protecting the rights of workers, or a representative of this body;
the employee in writing.

Reasons to work extra

Just like that, the employer is not entitled to ask the employee to stay at work and work overtime. For work in the Labor Code, the employment contract and other legislative acts, special time is stipulated, and no one is allowed to violate this regime without a reason. However, at times there are unforeseen cases or special circumstances when overtime work is necessary. The law provides for the following reasons that may force an employer to introduce overtime work:

when the work was not completed during the working day for technical reasons or force majeure, and it is necessary to complete it in order to avoid potential property damage or a threat to health or life;
if the overtime is a temporary "hands on call" associated with the repair or installation of equipment, without which he will not be able to perform his duties a large number of of people;
no breaks can be allowed in the work, and the next shift did not appear on time: he must immediately be replaced by another competent worker, even if his shift has already come to an end.

Let them work if they are allowed by doctors

Some categories of workers, even if they agree to work overtime, cannot be involved in it without a positive medical opinion. Order of the Ministry of Health and Social Development of Russia No. 411n dated May 02, 2012 requires that a certificate of the absence of contraindications to additional work for health reasons be issued:

disabled workers at the enterprise;
working mothers of children under 3 years of age.

IMPORTANT! In addition to the authorization of the medical document and consent, these categories of employees are required to confirm in the form of a handwritten signature that they are aware of the right to refuse to work overtime.

Above temporary norms - under no circumstances!

The law defines those employees who under no circumstances can be involved in additional workload. Even with consent, you cannot ask or oblige to work overtime:

women expecting a baby;
subordinates in respect of which a student agreement is currently in force;
persons who are not yet 18 years old;
other categories of workers for whom such a restriction is due federal laws and the Labor Code of the Russian Federation.

EXCEPTION! Staying at work beyond the time limit is acceptable for underage employees if they:

belong to creative professions;
work in the media field;
appear on television;
busy in a performance, circus performance, show;
participate in the exhibition of any works.

These types of activities are enshrined in the list of professions and positions approved by the Government Decree Russian Federation No. 252 dated April 28, 2007

Overtime Shortened

The law provides for certain categories of jobs for which the duration of the working day is less than for all other workers. This is not a reduction, but the norm. In this case, if such employees work overtime, such work will be considered to be the excess of this particular norm (Article 92 of the Labor Code of the Russian Federation). These categories include:

employed under 18 years of age (depending on age, they can be employed 24-35 hours a week);
disabled workers of groups 1 and 2 - can work up to 35 hours a week;
employees in hazardous work of the 3rd and 4th degree (according to the assessment of special working conditions) - up to 36 hours a week;
women employed in the Far North;
teachers and doctors (Articles 333, 350 of the Labor Code of the Russian Federation).

When you can't refuse overtime

In Art. 99 of the Labor Code of the Russian Federation lists circumstances that do not require the consent of subordinates to work in excess of time limits. When the unexpected happens, you need to act quickly and consistently, regardless of time: this is the responsibility of every employee. It is necessary to do everything in their power, without looking at the clock, in the following situations:

eliminating the results of man-made disasters, industrial accidents, the consequences of natural disasters;
performing actions designed to prevent an emergency;
when an accident occurred with publicly necessary communications, such as communications, transport, water supply, heating, gas, electricity, etc.;
it is necessary to act immediately due to the imposition of a state of emergency or martial law;
something happened that endangered life and health or created abnormal conditions for the life of a significant part of the population (famine, natural disasters, epidemic, animal attack, and other similar situations).

Overtime but working hours

Despite the special situation, it is impossible to allow the health of the worker to be undermined by work in excess of the established norms. You can not force a person to work additionally longer than 2 days in a row for 4 hours. During the year, such overtime hours should not accumulate more than 120.

The employer is obliged to carefully calculate the number of hours worked by his employees in excess of the measure. In the timesheet, which takes into account working hours, there is a special code for this type of work (letter "C" or digital "04").

Price for extra labor

The amounts that are supposed to be paid to employees for their overtime employment can be established by the employer and formalized by internal regulations. Of course, you can not set them lower than required by law:

for the first and second hour of overtime work - one and a half times the amount of payment;
for the subsequent time - doubled.

If the overworked employee has such a desire, then instead of a financial reward, he will be able to receive additional rest for the time that he worked above the norm, or even longer if his superiors do not mind.

NOTE! If an employee is issued an employment contract for an irregular working day, he is not entitled to additional amounts, since such work is provided by the provision of one more vacation.

If overtime payments are calculated by processing the total working hours for a weekly or monthly billing period, then the first two hours, providing for one and a half pay, are considered separately for each time period.

For example, if an employee worked 20 hours of overtime during the week, he will be paid 7 x 2 = 14 hours in one and a half times, and the remaining 6 hours in double.

Despite the fact that “overtime” is not a permanent type of payment, according to accounting documents it passes as part of the salary of employees, therefore it is subject to personal income tax, contributions to extra-budgetary funds are also paid from it.

Recommendations for employers on registration of overtime work

Do not forget to ask for the consent of the employee to work overtime and clarify the opinion of the trade union organization.
Do not disregard the testimony of a medical report if it prohibits such work.
Reflect in the collective agreement and employment contracts the mode of attracting and paying overtime.
Mark the schedule for attracting employees to overtime exits in a special journal. Overtime per year must not exceed the legal 120 hours.
Document all relations with the employee in writing: issue an order for overtime, indicating in it the amount of compensation and the time of processing, take the written consent from the employee.

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:

1) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform (non-completion) of this work may lead to damage or loss of property the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;

2) during the production of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a significant number of employees to stop working;

3) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:

1) in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) in the production of public necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized systems of hot water supply, cold water supply and (or) sanitation, gas supply systems, heat supply, lighting, transport, communications;

3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

It is not allowed to involve pregnant women, workers under the age of eighteen, other categories of workers in overtime work in accordance with this Code and other federal laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.

It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.

Comments to Art. 99 Labor Code of the Russian Federation

1. Overtime work - work performed at the initiative of the employer in excess of the norm of working hours established for the employee during the working day (shift) or for the accounting period. Involvement in overtime work is carried out by the employer with the written consent of the employee in the exceptional cases specified in the commented article, and in other cases.

Involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

When considering the employer's application for involvement in overtime work, the elected body of the primary trade union organization finds out:

1) the true reasons for engaging in overtime work;

2) whether these reasons and cases are exceptional, provided for by the Labor Code;

3) whether the candidates of employees belong to the category of persons who cannot be involved in overtime work.

2. The following are not allowed to work overtime: pregnant women, employees under the age of 18, other categories of employees in accordance with federal law.

In practice, it is not considered as overtime:

1) work performed by an employee with a part-time job in excess of the time stipulated by his employment contract, but within the maximum length of working time established by law, although involvement in such work is allowed on the same grounds as overtime work. Overtime processing in excess of the established working hours for persons with irregular working hours and part-time workers is not considered;

2) work in excess of the established working hours while working off the norm of hours with a flexible work schedule;

3) work in which the actual duration of daily work on certain days may not coincide with the duration of the shift according to the schedule;

4) work in excess of the stipulated length of the working day for employees with irregular working hours, if it is compensated by additional leave;

5) work during hours of unpaid leave, work performed in combination (in excess of the established working hours), as well as work performed by the employee in excess of the working hours provided for in the employment contract, but within the established duration of the working day (shift), working part-time;

6) work in excess of the established working hours, performed in the order of external and internal combination.

The legislator has defined a special procedure for involving an employee in overtime work, a list of circumstances that may serve as a basis for involving an employee in the performance of these works.

The employer must obtain permission to perform overtime work from the elected body of the primary trade union organization before the start of their performance. Only in emergency cases disaster, accident, absenteeism of a shift) when it is impossible to obtain prior permission, overtime work can be done with the subsequent notification of the trade union body.

3. The involvement of disabled people, women with children under the age of 3 years, to overtime work is allowed with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. They must be informed in writing of their right to refuse overtime work.

At work with dangerous and (or) harmful conditions labor, as well as the duration work shift 12 hours overtime is not allowed.

4. Overtime work is applied only in exceptional, unforeseen cases. Overtime must not be used to perform normal tasks.

5. It is the responsibility of the employer to keep accurate records of overtime work performed by each employee.

6. If the summarized accounting of working time is used, in which the actual duration of daily work may be more or less than provided for according to the schedule, and these deviations are balanced (mutually offset) within the accounting period, then overtime hours are recognized not in excess of the shift according to the schedule, but in excess of norms of working hours for the accounting period (see commentary to article 104 of the Labor Code).

7. The employer issues an order for the production of overtime work, having received the consent of the trade union body, in which he indicates the type of work and the reasons for their performance, the category of workers involved in overtime work. However, if the employer did not issue such an order, but his oral order was given, then the work is recognized as overtime.

Work is recognized as overtime, regardless of whether it was part of the ordinary labor duties of the employee in his profession, specialty, or the employee performed another task assigned to him by the employer. labor duty in another profession, specialty, position.

8. The concepts of "overtime work" and "non-standardized working hours" have different legal content and, accordingly, different legal regulations. Therefore, restrictions on the duration of overtime work cannot apply to workers with irregular working hours.

By general rule work in excess of the established working hours, performed by an employee with an irregular working day, is compensated for him by an additional annual paid leave.

Overtime work, as a general rule, is compensated by increased pay, the possibility of receiving which, at the request of the employee, can be replaced by additional rest time.

Overtime work is the performance of the labor function by the employee after the end of the working time established by the contract on the initiative expressed by the employer. Attraction to it is carried out by written agreement with the employee, but in some cases its presence is not mandatory.

In Art. 99 of the Labor Code of the Russian Federation, it is indicated that overtime work is considered to be an activity that is performed by an employee outside his designated working hours at the request of the boss. Let's get acquainted with.

The normal duration of work is regulated by the current legislation and is equal to 40 hours per week. It doesn't matter if the number of working days in a week is 5 or 6.

For employees under the age of majority:
- From 14 to 16 years old - 24 hours a week;
- From 16 to 18 years old - 35 hours per week.
For workers involved in enterprises with harmful working conditions - 36 hours per week.
For employees of the medical field - 39 hours per week.
For workers with 1 or 2 disability groups - 35 hours per week.

Other duration of normal working time is regulated for some persons in the Labor Code of the Russian Federation.

Maximum processing time

The maximum duration of overtime work per year is determined by Art. 99 of the Labor Code of the Russian Federation - no more than 120 hours. The labor process outside the established limits of the working day (shift) cannot be more than 4 hours during the next 2 shifts in a row. The employer has the right to independently resolve the issue related to the distribution of the maximum overtime labor activity for 2 consecutive shifts.

Curious information

In some organizations, the accounting of working hours in the summarized accounting is mandatory. For example, this applies to the rotational method, in accordance with Article 300 of the Labor Code of the Russian Federation. According to Art. 297 work activities outside the place of residence of workers who are unable to return home daily.

Within the framework of sectoral legislation, the norms of the Labor Code of the Russian Federation are specified by introducing legal acts regulating the involvement of specific categories of workers in overtime work. So, in accordance with the order of the Ministry of Transport of the Russian Federation No. 15 of 2004, the duration of processing for drivers working according to summarized accounting should not, together with the time of work, be more than 12 hours during the day.

Overtime work with summarized accounting

The duration of overtime work for each employee depends on the procedure for recording the time of performing the labor function.

Possible ways:

Daily;
Monday;
Summarized.

In some cases, at the initiative of the employer, the employee may be involved in the performance of work outside of working hours. We also know how to pay for them.

The summarized accounting procedure is a set of all hours worked during a certain reporting period (for example, a calendar month or year). This method of accounting is used when it is impossible for employees to comply with the normal working hours established by the legislator.

In the summed order, a certain reporting period, within which the duration of shifts may exceed the norm. However, the total number of hours of performance of the labor function for the entire reporting period should not contradict the provisions of the Labor Code of the Russian Federation.

There are some nuances in the payroll scheme for employees. If the organization applies the accounting of working time in the summarized accounting, it means that the working conditions at such an enterprise do not correspond to the traditional ones. For example, the constant forcing of employees to work on holidays and weekends, at night, etc.

Usually, higher wage rates are approved for such workers. Thus, the organization tries to compensate for the deviation from the schedule. However, increased wages do not relieve the employer from the obligation to pay for work in "extreme" conditions, according to labor legislation.

A feature of the overtime implementation of work activities in the summarized accounting procedure is the calculation of the increase in labor time. Final processing is calculated only at the end of the reporting period (for example, at the end of the quarter). It is important that even under such conditions, the duration of overtime work cannot exceed 4 hours for the next 2 shifts in a row or 120 hours during the year (these terms are also established for the daily and weekly time recording methods).

Watch a video that will tell you about overtime pay with summarized accounting of working hours

Overtime calculation example

A practical example of how overtime hours should be calculated in the case of summarized accounting of working hours:

The duration of the reporting period is one quarter;
Working time (according to the production calendar) is 518 hours per quarter;
In fact, the employee worked 512 hours during the quarter, he missed 6 days due to illness.

So, if the normal working week is 40 hours, then in 6 days the employee missed 48 hours (5-day work week, 1 day - 8 hours). Taking into account missed days due to illness, the employee is required to work 470 hours in the quarter (518-48). Therefore, the processing time is 42 hours (512 - 470). They must be paid in due course.

If the maximum duration of overtime work is violated, the employer is held liable. The basis for involvement is the processing by the employee in excess of the established norm and his filing a corresponding complaint with the Labor Inspectorate.

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