All overtime hours must be paid to the employee in one and a half, and then in double. The procedure for processing processing and the features of calculating payment for overtime hours are discussed in detail in the article.
Expert opinion
Sobolev Dmitry
Looking ahead, let's say that for the first 2 hours the employer pays 1.5 hour rate, and for the next hours i.e. for 3, 4, 5, etc. double rate.
The definition of this concept must be approached from a legislative point of view. The answer is contained in the form of a specific definition fixed in the Labor Code. Overtime is defined as the total amount of time (measured in hours) that an employee works more than the normal hours. At the same time, involvement in additional work occurs only at the initiative of the employer.
Involvement in processing can be carried out both with the written consent and without the consent of the employee. All possible cases are in the same article of the Labor Code.
| subject to consent | without agreement |
| the need to perform work that was not completed on time for technical and other objective reasons; however, it is obvious that failure to perform work will lead to the risk of loss of life and/or property, injury to health, etc. | elimination of the consequences of the accident, regardless of its causes (man-made disaster, human factor, natural disaster) |
| technical, repair, commissioning works which, if not met, could result in several workers losing their jobs | work to eliminate circumstances that could not be objectively foreseen, while their occurrence violates normal work communication systems, transport, engineering communications(electricity, water supply, etc.) |
| the need to continue activities in the absence of a shift (in cases where it is impossible to stop production); while the manager is obliged to as soon as possible find another employee who could replace the first | works that are carried out under the conditions of the emergency situation, other special regimes (anti-terrorist operation, martial law, etc.) |
At the same time, under any conditions, it is impossible to involve minors and pregnant women in additional work. There are also several categories of employees who can work overtime, but only at will:
- Women with children under 3 years old (including wards and foster children)
How processing is paid: legislative framework and calculation examples
When calculating the amount of the fee for the additional work time must be based on the minimum requirements:
- for the first 2 hours you need to pay at the usual hourly rate, increased by 1.5 times;
- for all subsequent hours - with an increase of 2 times.
Thus, a fixed amount is not established, therefore, in the collective labor agreement and other internal documents, the employer may establish a different amount of payment, but it cannot be less than the rates described above.
Accordingly, before making compensation, the employer must determine the amount of the hourly rate. In the general case, the average salary is divided by the norm of hours, i.e. 160 hours per month. However, often such a simplified passage does not work - for example, in the case of receiving unequal salaries, depending on the amount of work. Then you need to use the data on the norm of hours, which can be found in the production calendar.
The employee works on a normalized week, the total number of workers is 160 per month. His salary is 40,000 rubles. Then the average hourly wage is 40,000/160 = 250 rubles/hour. On Monday, he overworked 4 hours. Then for the first 2 hours you need to pay 2 * 1.5 * 250 = 750 rubles, and for the next 2 hours: 2 * 2 * 250 = 1000 rubles. In total, 1,750 rubles should be paid for 4 hours of processing in a row.
In May 2018, the employee worked 190 hours and earned 50,000 rubles, and in June 2018 - 170 hours and earned 47,000 rubles. First, we determine the norm of hours according to the production calendar: in May and June this is the same number: 159 hours. Therefore, in May we have processing 190-159 \u003d 31 hours, in June 170-159 \u003d 11 hours. / 190 = 263 r, in June: 45000/170 = 264 r. Suppose that you need to pay compensation only in one and a half times. Then for May 31*263*1.5 = 12229 r, and for June: 11*264*1.5 = 4356 r.
Expert opinion
Sobolev Dmitry
Lawyer for administrative offenses, site expert
If the employment contract stipulates that the employee works on irregular day overtime will not be considered overtime.
Compensation with additional rest time
In this case, the employee can choose additional compensation instead of this compensation. free time. For example, when processing at 8:00, an employee may ask for an additional day off (if the shift lasts 8 hours). And with overtime at 3 hours, an employee can take a day off, i.e. leave work earlier or come to work later.
It is important to understand that the choice between rest time and money concerns only the increased rate, i.e. The employer must in any case pay for overtime worked.. This is done in one of two ways:
- If an employee requests compensation in the form of extra time, the hours are paid at a single rate (as usual) and additional hours / days of rest are provided.
- If the employee is only interested in monetary compensation, then you should simply pay the hours at the appropriate rate: 1.5 or 2 times.
Suppose that an employee receives 300 rubles per hour, and overworked 2 hours in a month. Then he needs to provide compensation 300 * 1.5 * 2 = 900 rubles. Another option - if an employee asks to compensate with time for rest, the company is obliged to provide him with 4 hours of rest and pay at the usual rate of 2 * 300 = 600 rubles.
Compensation for processing at night, on weekends and holidays
In this case, it is supposed to take into account both compensation for the actual overtime work, and for work at night, as well as on your own day off or on the day official holiday (New Year, Victory Day, etc.):
- For night hours, you need to pay at least 20% of the hourly rate (i.e. the size of the regular rate is multiplied by 1.2). Night time is the interval from 22:00 to 06:00 (more precisely, until 05:59 inclusive).
- For work on holidays and weekends, the rate is doubled.
The employee worked 3 hours from 22:00 to 01:00, and also went on his day off for 2 hours. His usual hourly rate is 100 r. Then the following compensation is due: in the first 2 "night" hours: 2 * 1.5 * 100 * 1.2 \u003d 360 rubles. And for the third "night" hour: 2 * 100 * 1.2 \u003d 240 rubles. As for weekends, in this case double compensation is due: 2 * 100 * 2 = 400 rubles. The total amount of payment for overtime: 360+240+400 = 1000 rubles.
Overtime limits
It is important to understand what limits are set for overtime. This is important both for the employee and for the company - all processing must be recorded and paid, and the total amount of overtime cannot exceed the limit established by law (Article 99 of the Labor Code):
- maximum 4 hours for 2 consecutive days;
- maximum 120 hours per year.
For example, an employee works on Tuesday for 2 hours and on Wednesday also for 2 hours. Therefore, on Thursday, he can no longer be involved in additional work. And on Friday he can work again - for example, 3 hours. Then on Saturday he can stay at work for no more than 1 hour. The total number of such hours is limited to 120 for 1 calendar year.
Overtime procedure
Each company must record all overtime hours, and the overtime itself can only be episodic, since if employees are systematically involved in additional work, the labor inspectorate may be interested in this phenomenon.
The registration process looks like this:
Further, the accounting department, based on the accounting of working hours and other documents, determines the amount of compensation. It can be paid on the day of the advance or salary. If the employee quits, then all compensation is provided on his last working day.
It is not processing in the exact sense of the word to engage in work outside the working day, if the employment contract for the employee stipulates an irregular working day. Recycling in this case is also possible, but establishing this requires more complex procedures.
So, if the employee was involved in overtime work (and agreed to this in writing), then he has the right to increased pay or to receive additional leave (time off). In accordance with the requirements of Article 152 of the Labor Code, work in excess of the normal duration is paid for the first two "extra" hours - no less than one and a half times, for the following hours the payment increases no less than twice.
Labor Code, processing: the most necessary nuances in the concept
In general, a norm is an approved equivalent of something. If we consider the norm of working time, the director of any company must control that the duration of such time for subordinates is within the norm. It is determined by law: forty hours a week or one hundred and sixty hours a month.
- due to a delay in production, the employee did not complete his scope of work on time, and stopping the process will endanger people's lives or may lead to damage to property
- if there are malfunctions in the equipment, due to which the work process will stop for a large number people
- the shift has not arrived, and it is impossible to stop the process
How is processing paid according to the Labor Code? Overtime pay
- the need to perform (complete) the work that has been started, which was delayed due to technical reasons if failure to comply will result in damage or destruction of property;
- temporary work to repair and restore equipment or other material assets of the enterprise, the failure of which will lead to the termination of work of most employees;
- non-appearance of a replacement employee in case of continuous work;
- elimination of consequences of emergencies, accidents, catastrophes;
- the need for public important works to eliminate unforeseen violations (restoration of heat supply, lighting, gas supply, etc.);
- work caused by the introduction of martial law or a state of emergency.
Overtime is time that is not included in labor obligations and the working week (recording period) of the employee. This is entirely the initiative of the employer, which, moreover, may be rejected. In some cases it is even required written agreement for this kind of processing.
Article 152 of the Labor Code of the Russian Federation
Hello. Please tell me, with a shift of 36 hours a week, a salary of 5900 rubles, daily employment, you need to work 151 hours for a rate in September. When leaving vacation on 09/01/2017, travel days (4) were taken, he started work on 09/05/2017. Worked 216 hours in a month. When calculating the salary, can the salary decrease (the standard hour has become 131). I work in an ambulance, every day or so.
Overtime pay DOE employees. 1. Overtime work is paid in accordance with Art. 152 of the Labor Code of the Russian Federation: - for the first 2 hours of work - at least one and a half times; - for the next hours - not less than double size. 2. According to the sixth part of Art. 99 Labor Code of the Russian Federation duration overtime should not exceed 4 hours for each employee for two consecutive days. As follows from this rule, following the results of any two consecutive days, the duration of overtime work should not exceed 4 hours in total. The distribution of overtime hours on individual days is not regulated in any way. The employer has the right to involve the employee in one day in overtime work immediately for 4 hours. However, in this case, there should be no overtime on the previous and next days. Question: So, how much can you work and what hours are double paid if more than 2 hours is prohibited (according to the results of any two consecutive days, the duration of overtime work should not exceed 4 hours in total). Inconsistency.
How are overtime paid under the Labor Code? Overtime pay: Labor Code of the Russian Federation
Since processing involves additional labor costs, it must be controlled, officially recorded and paid for accordingly. The employer should ensure accurate records of working hours for each employee. unified form accounting is a time sheet in which an alphabetic (“C”) or numeric (“04”) code is entered indicating the processed time up to minutes. Fixing the duration of work in excess of the norm is necessary in order to avoid a 4-hour excess for two days and a 120-hour excess for a year. These rules also apply to contributors. For car drivers who are subject to summary records of working hours, scheduled work + overtime work cannot be more than 12 hours, except in situations where it is necessary to complete the flight or wait for a shift.
If the representative of the employer takes the initiative to involve the employee in performing work outside the established time period for work, he involves him in overtime work at the end of the worked - day or night - shifts. Overtime will also be considered work less than 8 hours a day for employees who work on a reduced working day, and it exceeds the norm established for them. As a rule, processing is of a non-permanent nature, in particular, it is applicable during the supply of materials, reporting. Practice, including judicial practice, shows that processing cannot be planned in advance, this is a kind of forced measure. Enforcement of the decision may require the consent of the employee in writing. Not a single local act of the representative of the employer can contain provisions that, in the event of appropriate circumstances, the employee is obliged to consent to overtime work.
How is overtime paid under labor law?
- Its beginning is always timed to the first day of the month, and the end to the last calendar day the same month.
- The form is lined with lines and columns that allow you to take into account the time worked by each person by name.
- To fill out the time sheet, an abbreviated letter code is used, which allows you to make a mark in it.
- Based on the completed schedule, at the end of the month, a total calculation of the hours worked is made and wages are calculated.
In order to comply with the established norms, the concept of “labor accounting” was introduced for each individual working citizen. Article 91 makes it clear that it is the responsibility of the employer to keep a regular record of hours worked and time spent on rest or absence from work.
“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 hours, in excess of the normal number of working hours for the accounting period.” Do not forget that to involve the employee in work after the time specified in labor contract in it is possible only with the written consent of the subordinate.
Duration of work on the eve of non-working holidays and weekends GUARANTOR: See Encyclopedias and other comments on article 95 of the Labor Code of the Russian Federation Length of the working day or shift immediately preceding the non-working holiday. decreases by one hour. GUARANTOR: According to the order of the Ministry of Health and social development RF dated August 13, 2009
Rules for remuneration for the processing of working time
In particular, Article 113 of the Labor Code of the Russian Federation states that calling a worker to work on a day off is prohibited, except in cases of emergency, the consequences of which may lead to damage or damage to the property of the company or the population living in the city or near the institution.
At enterprises that, due to the specifics of production, cannot provide a length of work of forty hours a week, which is relevant for institutions with a continuous process, in accordance with the norms of the law, it was allowed to apply accumulated time tracking, which, in accordance with Article 104 of the Labor Code of the Russian Federation, is shift work according to a schedule with shifts from 8 to 24 hours with floating days off and subject to the fulfillment of the norm of hours for the reporting period, which can be equal to a quarter or half a year.
Labor Code Recycling Watches
As an option - to prove that he is entrusted with unnecessary tasks that are not provided for either by his job description no employment contract. Clear signs of processing (overtime work) are the following: a) this work is performed at the initiative of the employer and b) it is mandatory with the written consent of the employee. Without a written consent, an employee may be involved in overtime work only in rare force majeure circumstances: to prevent a catastrophe, accident or eliminate their consequences, etc. Labor code processing.
You always want the refrigerator to be full, the children dressed beautifully to go to school / garden, and also go on vacation, buy a car or save up for their own housing. Therefore, when processing, it is very important to know how much we should receive according to the law for “overtime”. In this article, we will find out exactly how overtime hours are paid according to the Labor Code. Russian Federation. The most important thing is to decide what exactly is processing, and how much we should receive for it. If we adhere to labor law, from which it follows that each employee has his own work plan, and an hourly rate must be established for him.
27 Jul 2018 292The Labor Code in the Russian Federation is designed to protect the interests of all employees in the country.
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Therefore, first of all, this document should be consulted in case of questions about how processing is paid according to the Labor Code in the Russian Federation in 2019.
Only this legal act will contain basic information about wages for all types of work performed.
In this case, it is necessary to take into account a number of features that may accompany the conduct of these calculations. After all, accounting has its own nuances that require constant monitoring - and they mainly relate to legislation.
What you need to know
In 2019, changes were made to the Labor Code in the field of processing. In order to calculate the amount of the surcharge that the employer will carry out, you should decide what processing means by itself.
This phenomenon appears in such cases:
- the employee does not have the competence to carry out work at the right time;
- the employee does not know how to plan the flow of work and, as a result, does not have time to complete everything on time;
- a request or demand from the employer to take on more work.
It is in such cases that it becomes necessary to make an additional payment for overtime spent in the office and at the workplace.
At the same time, it is worth noting that you need to know how processing is paid according to the Labor Code and the formula for this procedure is standard.
Important Concepts
| Employer | Is it a citizen or entity which provides another to an individual workplace and officially employs him in his company. For example, to protect property |
| Recycling | It's holding the workplace more time than specified in the country's legislation. In Russia, this time is eight hours |
| Labor Code of the Russian Federation | This legislative document which governs all relations taking place in the sphere of labor on the territory of the country |
| Wage | This is the amount of monetary encouragement of a citizen who carries out any type of work. Usually this payment carried out monthly |
| Compensation | This is a payment that is made to citizens to compensate for any losses. In this case, it would be overtime pay. |
| Labor contract | is a document that is concluded between the employer and the citizen for the implementation labor activity. It is this document that will establish the rights of the worker, in particular, and the length of the working day. |
What duration is possible
Working time is the period of time that a citizen is at his workplace and carries out labor activities.
This includes breaks and possible travel costs, such as travel to and from work. But such a condition can be spelled out in the contract with the employer and the law does not require it.
First of all, it is worth understanding that there is a concept of the maximum number of hours of work per week. In Russia, this figure is at the level of 40 hours a week. All hours not included in this figure should be considered overwork.
At the same time, it should be borne in mind that different categories of citizens have their own working hours with a maximum indicator:
Who is not eligible for overtime work
These include:
- pregnant women;
- minor employees - up to the age of 18.
This includes other citizens, in accordance with normative documents local authority.
The employer must obtain written consent for overtime work from the following employees:
- disabled people of all groups;
- women who are raising children under the age of three.
Categories of citizens may refuse to carry out such work. Plus, they cannot be involved in work when they are on sick leave or their state of health does not allow them to work in excess of the norm. In this case, a certificate from a medical institution will be a supporting document.
Legal grounds
In terms of legislation, the holding of an overtime working day is coordinated with the Labor Code of the Russian Federation. Overtime work is directly referred to in article 99 of this code.
In the article you can find information on the cases in which it may be necessary to spend additional time at the workplace and which persons can be involved in work and which cannot.
But it is also important to familiarize yourself with the provisions on working hours in general. Information about this is set out in chapter 16. In article 100, you can find information about how many hours are optimal for working in Russia.
Next, you should refer to article 152. It contains provisions on how remuneration for overtime work should be carried out. In accordance with the instructions, payment calculations are carried out in all enterprises of the country.
Key Aspects
When contacting an employee with a request to spend more than long time, the employer must understand that it is best to document these working relationships.
Since, in addition to the voluntariness of spending additional time at the workplace, a citizen must be sure of remuneration at higher rates.
In any case, it is necessary to notify the employee that he will need to be late at work. At the same time, some categories of citizens may refuse additional hours of work.
If processing is the initiative of the employee himself, then they will not pay for it and it will not be taken into account in the documentation. Only the initiative of the enterprise management is paid and taken into account.
How is the documentation
An obligatory moment in attracting a citizen to work extra time is the registration of all hours documented.
The main paper in this plan will be the written consent of the employee to carry out additional work. This document obliges the employer to draw up the Labor Code of the Russian Federation.
The procedure will be carried out according to the following algorithm:
- the exact amount of processing is established;
- an order is issued to involve the employee in overtime work;
- the consent of the citizen to spend additional hours at the workplace is attached to the order.
Is employee consent required?
An obligatory item both in the organization of the processing process and in its documenting consent to the performance of such labor from the employee.
The Labor Inspectorate takes these documents seriously. Therefore, it is worth paying attention to these features.
It is best to get permission from the employee to work. This provides an evidence base and allows you to streamline the documentation of the enterprise.
How are overtime paid under the Labor Code in 2019
Payment for additional hours of work can be carried out at different rates - it all depends on the duration of processing.
For the first two hours, the tariff should be increased by 1.5 times, and for all other hours it will be necessary to pay at a double rate.
An additional payment can be replaced with a day off. And the time spent must be fully compensated in accordance with the processing.
With shift schedule
In this case, consideration should be given to the calculation options wages:
Kindergarten
Here you should be guided standard rules. For the first two hours, one and a half rate will be charged, and for all the rest - double the rate.
At the same time, it must be understood that the main document will be labor contract with an employee.
If there is a provision for processing a day off, then there will be no additional payments. But it will be possible to add "earned days" to your vacation.
business trip
When sending an employee on a business trip, he must be paid travel allowance. In the course of this shipment, it became necessary to work at night or work at night, the employer is obliged to pay compensation for the time spent.
It is worth noting that he will conduct it in accordance with standard norms. Thus, you can count on:
- paid holiday;
- accrual of additional payments in the amount of 1.5 to 2 points to the tariff.
But here it is worth considering under what contract the employer and employee cooperate. Because in the case of irregular working hours, prescribed in this document, payment for night work or additional hours of work will not be paid.
Medicine
In this case, you should first of all take into account what the length of the working day is indicated in the contract. Since the legislation provides for the possibility of reducing indicators for medical workers.
Therefore, they can claim additional wages even if they work less than 40 hours a week. The charges themselves will be carried out according to standard parameters.
Features of payments on holidays and weekends (example)
The employer is obliged to pay for work on a weekend or non-working holiday at a double rate. This rule is established by law and must be observed.
Employees who may be eligible for these benefits include:
- pieceworkers - payment is made at double rates;
- employees with daily and hourly rates are also doubled;
- employees who receive wages as a salary will be required to receive a refund at a single daily or hourly rate in the case when the number of hours in a month was normal, if the indicators were exceeded, payment would be made at double the rate.
What should be paid special attention to
Many points in this area are regulated by production regulations and local acts and the employment contract itself.
And the employer can set both pay on days off and in an increased amount. Therefore, first of all, you should refer to these documents.
They allow you to quickly and accurately determine what amount of the surcharge is due. At the same time, it is worth considering legislative norms, which are the minimum threshold for payment.
There is a need to stay for a while, which will then be paid in an increased amount. Not every employee knows how processing is paid under the Labor Code and what rights he has in this situation. In the article we will consider in detail all the nuances of overtime work.
What is recycling?
According to the Labor Code, there are working hours during which employees perform prescribed duties. Legislation establishes its standards, which must be observed by employers. The most common measure of working time is the week or shift. At the same time, the weekly employment of an employee should not exceed 40 hours, and the number of days can be equal to 5 or 6. For a shift, a maximum number of hours is set equal to 12. Payment for processing is made without fail, based on the number of hours and the rate.
What is overtime and overtime? From the word itself, it is easy to understand that it is performed in excess of the time allotted for the working day. According to Art. 99 of the Labor Code of the Russian Federation, this concept is defined as work performed by an employee on the initiative of the authorities when the time of the working day or shift has already ended. In fact, this is an excess of the limit allotted for the performance of labor duties. It is also important to remember that in the case of summarized accounting, overtime hours are considered to be hours that exceed the limits of working time established by the contract and the law.
Types of processing
Arise different situations, due to which the norm of working hours in fixed period exceeded. For example, in each month, the number of working days may vary slightly. In this regard, there are small revisions or shortcomings. Depending on the conditions specified in the contract, the situation is solved by reducing (increasing) working time, by providing extra rest and payment of time in the general order. Such small discrepancies in the duration of work due to different quantity calendar working days are solved quite simply and are not related to overtime work.
It is not uncommon for an employee to combine several duties at once in one enterprise. In fact, he stays at the workplace longer than his colleagues, but the payment is regulated by the contract and usually is not processing, unless, of course, labor standards are observed.
Overtime work is time that is not included in the labor duties and work week (recording period) of the employee. This is entirely the initiative of the employer, which, moreover, may be rejected. In some cases, even a written consent is required for processing of this kind.
Time tracking
The legislation forces employers to carefully monitor that the length of working time for the accounting period is not exceeded. For these purposes, there is such a thing as total working time. Sometimes this is the only method of labor rationing. The duration of the period under consideration can range from one month to a year. For workers employed in hazardous production - no more than 3 months. The normal number of hours is calculated based on the established weekly limits, according to the category of worker. For example, the duration of the working week of minors or disabled people is shorter.
Even if an employee's working conditions allow him to adjust his daily or weekly length of time, summary records should be kept. This also applies to processing. The employer must ensure that accurate overtime hours are recorded for each employee.
Time frame for overtime work
The fulfillment of additional obligations outside of working hours has limits in the form of a maximum duration of overtime work. The employer has the right to detain the employee for some time (how exactly, we will consider later), but not more than 4 hours. However, this may not happen every day. The four-hour limit is set for two days. It turns out that the employee can work overtime only this amount of time. Consider the example of the legality of the actions of the employer:
- processing on Wednesday and Thursday for 2 hours is legal, but on Friday the normal working hours must be observed;
- Wednesday + 4 hours after the end of the working day, Thursday - the usual schedule, on Friday the employee can again be involved in overtime work;
- overtime on Tuesday 2 hours and on Wednesday 3 hours will already be illegal, you should reduce the time on one of the days by at least an hour or allow one working day between the indicated weekdays according to the usual schedule.
Of course, 4 hours in 2 working days is not the only limitation. Otherwise, many unscrupulous employers would have successfully used it. Within one year, the total number of overtime hours must not exceed 120, or there is a violation of the law.
What is considered overtime?
Defining clear boundaries for the concept of what kind of work can be considered overtime is as important as the time of its implementation. Processing can be assigned only for a limited list of reasons, including:
- the need to perform (complete) the work that has been started, which was delayed for technical reasons, if failure to do so will result in damage or destruction of property;
- temporary work to repair and restore equipment or other material assets of the enterprise, the failure of which will lead to the termination of work of most employees;
- non-appearance of a replacement employee in case of continuous work;
- elimination of consequences of emergencies, accidents, catastrophes;
- the need to perform socially important work to eliminate unforeseen violations (restoration of heat supply, lighting, gas supply, etc.);
- work caused by the introduction of martial law or a state of emergency.
As can be seen from the list, overtime is assigned only in emergency cases. This is not a normal action. It must be remembered that this is a necessity, not an everyday rule.
When is employee consent required?
Overtime is allowed in exceptional cases and may even be rejected by the employee. In what case can you safely refuse the offered overtime work? If, among other things, all conditions for the appointment of processing are met, the employee provides written consent in the following cases:
- it is necessary to finish the started work, which for technical reasons was not completed (carried out), provided that its failure to complete will lead to losses of the enterprise;
- absence of a replacement worker;
- repair and restoration of equipment and other property that affects the work of other employees.
An employee who has not given his consent cannot be involved in such work. If approval is received, the employee has the full right to compensation for the time spent. How is processing paid according to the Labor Code in this case? It is recognized as overtime hours, and the calculation is made in accordance with the rules for their payment.
Who is not allowed to work overtime?
Overtime pay attracts many topics that allows you to earn extra money. There are quite a few professionals who like to work overtime, if it's legal. However, a list has been established, according to which, in principle, it is impossible to leave some social groups population. This:
- pregnant women;
- minors.
Disabled people, women with children under three years of age also have “immunity”. They require written consent, regardless of the reason for the need for processing. It is worth noting that processing by the hour may not be applicable in other cases, which are prescribed in the Federal Law or the Labor Code of the Russian Federation.
Payment order
Payment for processing, as well as its purpose, is regulated by the Labor Code of the Russian Federation. To calculate the amount for the additional time worked by the employee, you should know the hourly rate. It can be known initially (when wages are calculated based on actual hours worked) or calculated based on the size of the official salary. In the second case, you should divide the fixed salary by the number of working days of the period. The agreement may also establish an average amount hourly pay processing.
Overtime is paid with a multiplier of 1.5 for the first 2 hours of work and 2 for subsequent hours. These are the minimum figures. The employer has the right to increase them, but not to reduce them. How is processing paid according to the Labor Code? By calculation total hours worked and multiplying them by the increased hourly rate (THS). If an employee worked an additional 8 hours during the accounting period, then, regardless of their distribution by day, payment will be made according to the scheme: 2 × 1.5 × Thu + 6 × 2 × Thu. The employee also has the right to receive, instead of calculating, the provision of additional rest, but not less than the time that was worked out. Payment is made at the end of the accounting period.
“How is overtime paid according to the Labor Code?” - a question that every employee should know the answer to. Often the employer violates the law. Knowing about labor rights will help protect your interests and get overtime pay.
Overtime work is considered one of the options that allow you to earn extra money, get additional income. Sometimes the boss offers to stay at work after hours to finish the assignment received earlier. Many gladly agree, knowing that this will bring them a possible surcharge. According to the Labor Code of the Russian Federation, the employer does not have the right to abuse such offers, the violation of which is accompanied by financial penalties in the form of fines imposed on the enterprise.
The Labor Code of the Russian Federation is aimed at protecting the rights of workers. It includes articles that regulate work in excess of the normal time, prohibit employers from applying increased loads on their employees, which allows them to maintain their health.
The Labor Code of the Russian Federation has a separate chapter devoted to the definition of work time standards. Article 91 of the Labor Code of the Russian Federation states that with the usual organization of working hours, the amount of hours worked cannot be more than 40 with a 5 or 6 day work week. If the employee has exceeded the time limit established in the labor law, then all hours worked are paid.
It is noted that overtime is recognized as work in which an employee is used by superiors in excess of the normative hours approved by law. The initiative of such a stay at the workplace must necessarily come from the management and have good reasons for this. The use of employees for overtime work is possible only when the consent of each of them in writing is obtained. It is also necessary to have the approval of the trade union body of the enterprise.
The grounds on which it is possible to withdraw workers at excess time may be as follows:
- It is required to complete the started task within certain strictly established deadlines, in case of non-observance of which, loss or damage to the property and property of the employer is possible.
- If a break in work can lead to the creation of situations that threaten the health or even death of people, then there is a need to continue the previous actions taken. Previously planned activities were disrupted due to unforeseen circumstances and technical reasons.
- Repairing and refurbishing a building or equipment that may result in downtime for a significant number of employees.
- With continuous production and the non-appearance of the shift, the employer may ask the employee to stay at work for a while. Management does not have the right to leave him for a full 2nd shift. Measures must be taken to find an alternative solution.
There may be circumstances in which the involvement of employees in overtime work does not require their consent:
- In case of accidents or catastrophes at work to eliminate their consequences.
- Employees of such areas that are vital for a large number of the population, in violation of the normal existence of people: water supply, gas supply, electricity supply, heating, transport, communications.
- In the event of emergencies, military situations or disasters associated with natural disasters, as well as fires, famine or epidemics.
Video - Overtime payment with summarized accounting of working hours
Who is not allowed to work overtime
- pregnant women;
- minor citizens;
- workers from harmful conditions labor;
- disabled people of 1 and 2 groups;
- women who have children under 3 years of age.
The last two categories, if necessary, can be withdrawn during additional hours, but at the same time they must sign 2 documents. The first is their consent to the processing, and the second is that they have every right to reject such an offer.
Time limits for different categories of workers
At any enterprise, a normalized record of the time worked by each employee is kept. Overtime is usually calculated based on a comparison of the number of planned hours for a certain period, and those hours that were actually worked out. Usually, a month is taken for calculations, but a quarter, and even a year is possible.
- For minors under 16 years old - 24-hour week, from 16 to 18 years old - 35-hour week.
- Under special working conditions associated with danger and harmful to health, a 30 or 36-hour week is approved.
- For all other employees, the week is set at 40 hours.
Overtime Time Limits
Legislation defines restrictions on the use of workers overtime. The employer has the right to involve an employee in additional work for no more than 4 hours. And this should not happen more than 2 days in a row.
Every year, the government of the country approves the production calendar, which sets standard hours for all categories of workers. The management of the enterprise must ensure that employees working in shifts do not have more than 120 hours of overtime per year. If such a situation occurs, penalties will be imposed on the organization. According to article 5.27 of the Code of Administrative Offenses for each violation executive will be punished from 1,000 to 5,000 rubles, and the enterprise - from 30,000 to 50,000 rubles. It is possible to suspend the activities of the organization for up to 90 days.
Important! In case of violations by the employer, an employee who has overtime over 120 hours must receive full compensation for it.
Overtime registration
There is no strictly established form for fixing overtime hours. Recommended the following ways processing processing:
- The written notification contains information about the reason for the additional work, the date and time during which the employee must perform it. This document is handed to the employee, which he signs, expressing his consent.
- If several employees are withdrawn, then it is more reasonable to draw up an order to involve them in overtime work. It signs the basis for processing, the date and time for each employee. There is a special column where the consent is signed.
- Processing should be noted in the report card in the form of a special designation "C" with the establishment of the number of overtime hours. Usually, forms approved by Rosstat or are used to maintain time records.
Important! An employer can protect itself from issues related to processing. For this, it is necessary to fix labor agreement condition of irregular working hours. Under this regime, no overtime hours are charged.
Payment for processing
V Labor Code contains information on the established minimum for payments provided for the exit of employees in excess time. Tariffs for processing are set at each enterprise. They are fixed in a collective agreement or in a contract concluded with an employee. At the same time, these rates should not be less than those guaranteed under the Labor Code.
According to Article 152 of the Labor Code of the Russian Federation, when processing on weekdays, the first two hours of overtime are calculated at one and a half times, the following hours are calculated at double pay. Article 153 establishes the amount of payment for going to work on weekends and holidays. Prices in this case are always increased by at least 2 times. There is an alternative payment. If the employee agrees, then he can get a day off on any other day at will. The remaining payment will be charged in a single amount.
Calculation example
If an employee is called to extra work Tuesday at 4 o'clock, then at next time You can attract him to such work not earlier than Thursday. Pay for 4 hours worked on Tuesday will be calculated as follows:
- If a specialist who is on a salary is called for overtime work, then first you need to find out the cost of one hour. With a salary of 25,000 rubles and a 168-hour balance, one hour costs 148.80 rubles. The first 2 hours of processing are paid in the amount of 148.80 * 1.5 = 223.20 rubles, the other 2 hours - 148.80 * 2 = 297.60 rubles. The amount of payment for processing will be 520.80 rubles.
- If an employee is paid on a piece-rate basis, then the calculation of the cost of overtime hours is determined from his tariff rates. The calculations are made by analogy with the first method.
- In case of a shift regime with a quarterly accounting period, the calculation is carried out as follows. When the accounting period is closed, the actual hours worked for 3 months are summed up and compared with the balance of working hours for the quarter. If the fact exceeds the normative balance, then this difference is processing.