Duration of overtime work. How is overtime paid under the Labor Code? Overtime pay

A post by blog editor Ilya Varlamov, who complained about constant overtime and lack of vacation, as well as the blogger’s own response in the spirit of “whoever doesn’t like it, let him leave.” And although the law provides for overtime for people with a normal schedule only in emergency cases, obliging the employer to pay overtime, in many Russian offices the situation is exactly the same. In the process of preparing the next important project, employees sit late into the night “to work on the idea.” With the help of experts, The Village figured out why this happens and how to deal with the need to stay late at work.

Is it worth agreeing to rework?

Anastasia Knyazeva

analyst, personnel holding "Anchor"

It’s worth agreeing to overtime work if the time spent means less to you than acquiring new skills, being liked by your superiors, or solving a problem in the shortest possible time. Of course, overtime is not prerequisite success. However, it is worth sacrificing free time if you risk missing deadlines, the violation of which entails large costs.

It is worth remembering that compensation for time worked overtime depends on what work schedule is provided for in your employment contract. If the work schedule is defined in the contract as irregular, the time worked in excess of the norm is compensated by the availability of at least three additional days to the annual paid leave. If the working day is standardized, then according to the Labor Code overtime work is paid as follows: the first two hours - no less than one and a half size, subsequent hours - no less than double the amount. At the same time, in order to involve you in overtime work, the manager must obtain your written consent. However, there are situations when such consent is not necessary - in particular, when eliminating the consequences of an industrial accident or natural disaster. An employee may not be required to work overtime for more than four hours on two consecutive days.

I would like to note that when defending your rights, you should not be too categorical. An employee who perceives a boss's request to work overtime as a reason to start a lawsuit risks damaging his relationship with him. It is better to demonstrate flexibility and reach a compromise outside of court.

What the law says and how it is used

Maximilian Grishin

lawyer at the Moscow office of the international law firm “Ilyashev and Partners”

Overtime work is regulated by Article 99 of the Labor Code. It says that overtime is possible only with the written consent of the employee and only in certain situations. For example, an employer can force people to work overtime when it is urgently necessary to complete work that was not completed due to some unforeseen circumstances (if the damage from non-fulfillment is greater than the overtime fee). Also, an employee may be called out during non-working hours, when there is an urgent need to repair equipment, without which the entire production will come to a standstill. Without the consent of the employee, overtime work is possible only in emergency situations- in case of major accidents, disasters, and so on.

Overtime is paid only if the company has a set working day. Any violation of this duration or failure to pay for overtime is a reason for proceedings with the labor inspectorate. Therefore, now an irregular working day is very often prescribed in an employment contract or internal company documents. The law does not provide for restrictions on irregular hours; the schedule can be at least 24/7.

Chermen Dzotov

founder of the law firm "Dzotov and Partners"

To the employer employment contract with the condition of irregular working hours is also inconvenient. It imposes many additional obligations on him (the need to issue a written order, a limited list of positions, etc.). Therefore, civil contracts are increasingly being concluded. It is convenient because it states only the specific goal required to achieve it. How this will be done is not specified separately. The person who signed such an agreement will be deprived of any social and labor guarantees. The agreement will be drawn up in such a way that, although there will be no direct indication of an irregular working day, all the conditions mentioned will contribute to just such a regime labor activity. An example is the work of a taxi driver. If you conclude a civil contract with him for the provision of transportation services, then the performance of these services will, for the most part, be irregular.

A citizen who agrees to work irregular hours can be given next tip. Firstly, still conclude an employment contract, not a civil contract. In this case, he will be more protected. Secondly, the agreement with the terms is essentially similar overtime. But the main advantage of overtime work is that such work is paid additionally. Whereas for irregularity one should only be given additional leave without any separate payments.

How does this actually happen?

Alexander Gulko

owner of company " Judicial Bureau Gulko"

An employee of a well-known Moscow developer approached me with a request to help me deal with her employer on a legal level. The fact is that the management organized the work in such a way that its processing daily ranges from one and a half to four hours. The woman is absolutely exhausted, because after she leaves the office at nine or ten o’clock in the evening, she has to travel another hour and a half to get home. A person has been working in such an incredible regime for the last six months. It should be noted that no bonuses, overtime pay or time off are provided.

It would seem to spit and leave. But the woman is 47 years old, her position is usually occupied by younger employees, so it will not be so easy for her to find a job. Unfortunately, the employer takes advantage of this. It is worth noting that our client is a great professional in her field, has several technical educations, constantly improves her qualifications, but is a very gentle person.

After the first meeting, we recommended that the developer’s employee contact the general director directly. They armed her with the relevant clauses of the Labor Code. CEO She turned out to be an adequate lady, paid a bonus (but no more than 5% of the total number of overtimes over the last six months), agreed that overtime should not be the everyday norm. But after a month and a half, our client, unfortunately, still quit her job. at will. Because her conversation with the general lasted only two days. Processing began again: at 19:00 new reports were required for the president of the company, for the financial director, and everything must be done by 10:00 tomorrow. She did not file a lawsuit for compensation for overtime.

Because in Russian reality it is very difficult to win a lawsuit against an employer who loves free overtime. Most often, employers do not issue a written order to involve the employee in overtime work, and the employee does not require a copy of such an order. And according to the law, only officially registered processing is recognized as such and paid for. It is worth weighing all perspectives. After all, a new potential employer is unlikely to like such a wayward employee who sued the old employer. My only advice is to try to record all your overtime as much as possible: take notes on your phone when you arrive and leave the office, copy written assignments from management, and audio-record conversations about overtime.

Dmitry Smirkin

Director of Public Relations, Parallels

Contracts for mid- and top-level managers typically contain references to long working hours. This is compensated by the amount of wages and various forms additional motivation (bonuses and personal bonuses). All working conditions are discussed at the stage of interview and approval of the employment contract. You can refuse the offered job at any time. Payment for overtime hours depends on the level of civility of the business. Large companies, as a rule, comply with the requirements of the Labor Code and pay for additional hours in accordance with established standards. In less advanced organizations, work “for an idea” is not excluded. If we talk about areas, then, as a rule, PR specialists, sales managers, technical support employees, account managers in outsourcing agencies are forced to live in a 24/7 work schedule.

Working overtime is considered one of the options that allows you to earn extra money and earn additional income. Sometimes bosses offer to stay at work after hours in order to complete a previously assigned task. Many agree with pleasure, knowing that this will bring them a possible additional payment. The employer does not have the right to abuse such offers according to the Labor Code of the Russian Federation, 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 workers' rights. It includes articles that regulate work beyond normal hours and prohibit employers from applying increased loads to their employees, which allows them to maintain their health.

The Labor Code of the Russian Federation has a separate chapter devoted to determining working time standards. Article 91 of the Labor Code of the Russian Federation states that with the usual organization of working time, 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 standard established in labor legislation, then all overtime hours are paid.

It is noted that overtime is work in which an employee is used by superiors in excess of the statutory hours approved by law. The initiative for such a presence in the workplace must necessarily come from management and have good reasons. Employees can be used for overtime work only when the consent of each of them has been obtained in writing. 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 beyond standard hours may be as follows:

1. The completed task must be completed within certain strictly established deadlines, failure to comply with which may result in loss or damage to the employer’s property and property.
2. If a break in work can lead to the creation of situations that pose a threat to health or even death, then there is a need to continue the previous actions taken. Previously planned activities were disrupted due to unforeseen circumstances and technical reasons.
3. Carrying out repairs and restoration of a building or equipment, which may subsequently lead to downtime for a significant number of employees.
4. If production is continuous and a shift worker does not show up, the employer may ask the employee to stay at work for a while. Management does not have the right to leave him on the full 2nd shift. Arrangements must be made to find an alternative solution.

There may be circumstances in which hiring employees to work overtime does not require their consent:

1. In the event of accidents or disasters at work to eliminate their consequences.
2. Employees of such areas that are vital for large quantity population, when the normal existence of people is disrupted: water supply, gas supply, electricity supply, heating, transport, communications.
3. In the event of emergencies, military situations or disasters associated with natural disasters, as well as fires, famine or epidemics.

Video - Overtime payment for summarized working hours

Who is prohibited from engaging in overtime work?

• pregnant women;
• minor citizens;
• workers with harmful conditions labor;
• disabled people of groups 1 and 2;
• women who have children under 3 years of age.

The last two categories, if necessary, can be withdrawn during additional hours, but they must sign 2 documents. The first is their consent to processing, and the second is that they have every right to reject such an offer.

Time standards for different categories of workers

Any enterprise maintains standardized records of the time worked by each employee. Overtime is usually calculated by comparing the number of planned hours for a certain period and the hours that were actually worked. Usually a month is accepted for calculations, but a quarter or even a year is possible.

1. For minors under 16 years old - a 24-hour week, from 16 to 18 years old - a 35-hour week.
2. At special conditions labor associated with danger and harmful to health, a 30 or 36-hour week is approved.
3. For all other employees, the week is set at 40 hours.

Temporary restrictions on overtime hours

Legislatively defined restrictions on the use of workers overtime. The employer has the right to involve extra work employee for no more than 4 hours. Moreover, this should not happen more than 2 days in a row.

Every year the government of the country approves a production calendar, which sets standard hours for all categories of workers. The management of the enterprise must ensure that employees working shifts do not overwork more than 120 hours per year. If such a situation occurs, penalties will be imposed on the organization. According to Article 5.27 of the Administrative Code, for each violation, an official will be punished from 1,000 to 5,000 rubles, and an enterprise - from 30,000 to 50,000 rubles. It is possible to suspend the organization's activities for up to 90 days.

Important! In case of violations by the employer, an employee who has overtime exceeded 120 hours must receive full compensation for it.

Registration of overtime

There is no strictly established form for recording overtime hours. Recommended following methods processing registration:

1. The written notice contains information about the reason for additional work, indicating the date and time during which the employee must perform it. This document is handed to the employee, which he signs, expressing his consent.
2. If several employees are being withdrawn, then it is wiser to draw up an order requiring them to work overtime. It specifies the basis for overtime, the date and time for each employee. There is a special column where a consent signature is placed.
3. Overtime must be noted in the timesheet in the form of a special designation “C” with the establishment of the number of overtime hours. Usually for reference time sheet forms approved by Rosstat or are used.

Important! An employer can protect itself from overtime-related issues. To do this, it is necessary to stipulate in the employment agreement a provision regarding irregular working hours. By law, under this regime, no overtime hours are accrued.

Payment for processing

The Labor Code contains information about the established minimum for payments provided for employees working overtime. Tariffs for processing are set differently at each enterprise. They are fixed in the collective agreement or in the contract concluded with the employee. Moreover, these prices should not be less than those guaranteed under the Labor Code.

According to Article 152 of the Labor Code of the Russian Federation, when working on weekdays, the first two hours of overtime are calculated at one and a half times the rate, the next hours are calculated at double pay. Article 153 establishes the amount of payment for going to work on weekends and holidays. In this case, prices always increase by at least 2 times. There is an alternative to payment. If the employee agrees, he can get a day off on any other day he wishes. The remaining payment will be charged in a single amount.

Calculation example

If an employee is called to additional work on Tuesday for 4 hours, then the next time he can be called to such work no earlier than Thursday. Payment for 4 hours worked on Tuesday will be calculated as follows:

1. If a salaried specialist is called to work overtime, you first 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 overtime 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.
2. If an employee has a piece rate, then the calculation of the cost of overtime hours is determined from his tariff rates. Calculations are made by analogy with the first method.
3. In shift mode with a quarterly accounting period, the calculation is carried out as follows. When closing the accounting period, 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.

According to paragraph 4 of Art. 91 of the Labor Code, each enterprise is obliged to record the time worked by members of the workforce. At the same time, the code determines the maximum operating time limits, which in standard version equal to 40 hours per week (8 hours per day) with a 5-day work week. For some categories of employees, defined by law, the temporary working standard is reduced and amounts to 24, 35 or 36 hours.

Working time can be tracked in several ways. If the daily work schedule involves the same number of hours, then the daily method of recording time worked is used. If during the week the working days are uneven in length, although the total work time is equal from week to week, then weekly accounting is used.

Shift work is different in that it is quite difficult to comply with the established norms for the duration of work - both during the day and during the week, therefore it is impossible to use the daily method of accounting, while the weekly method is used, but rarely. More often in such cases, the summarized method is used, within the framework of which a shift work schedule for employees is drawn up. If the schedule is drawn up incorrectly or unforeseen circumstances intervene (shift worker’s illness, force majeure, etc.), the results of the planned shifts will result in hours of work that go beyond the limits established in the code. Thus, it is worth talking in more detail about the essence of summarized accounting of time worked.

Summarized working time recording - main points

Art. is devoted to the summarized accounting of time worked. 104 of the Labor Code, which defines such a method as counting working hours cumulatively during a pre-selected period. That is, work shifts in different days may vary in time and go beyond the limits established by law. Workweeks may also be unequal and beyond the maximum duration of work. In this case, summed up for a month (quarter, half-year, year), the time standard for the duration of performance of work duties must be observed and correspond to that specified in the Labor Code of the Russian Federation. The fact of using the summarized method of accounting and reporting period are established by the internal documentation of the organization.

Experienced personnel officers who use summarized accounting of time worked when drawing up a shift schedule, as a rule, first schedule all shift changes for the desired year, and only after that, after calculating the working hours, they select the optimal accounting period. This is done in order to avoid the occurrence of overtime based on the results of the period taken as a basis, since overtime included in the schedule in advance is a violation of labor legislation.

Meanwhile, already during the work process, when calculating, excess time may be detected - hours worked by some employees in excess of the established standard. Such excess time requires special registration and additional compensation to the employee. The procedure for calculating the amount of additional payment in this case will depend on the wage system established for the organization’s shift specialists and the method of recording time worked.

How is work paid on a shift schedule?

At shift schedule Labor wages can be calculated both using hourly tariff rates and on the basis of a set salary.

1. If hourly wage rates are used to calculate wages, wages are calculated by multiplying the hours worked during the required period (usually a month) by the established rate.
2. If a salary system is used, then the employee receives the same salary every month. The exception is if there are shortcomings or overtime in the paid month. In this case, to calculate a salary commensurate with the hours worked, it is necessary to first find the hourly tariff rate, and then - total amount monthly payments.

Calculation of overtime when working in shifts

With the weekly accounting method, identifying hours worked in excess of the norm is quite simple. You just need to know the maximum standard for the duration of a working week for a specific employee, established by law. All hours worked above this limit will be overtime.

If the company uses summarized accounting of work time, then to determine the duration of overtime it will be necessary to calculate the time worked cumulatively for the entire accounting period. This point is fundamentally important, since excessively worked hours that go beyond the norm established by law are considered overtime only at the end of the reporting period.

For example, if in a company, for employees working in shifts, time worked is calculated using the cumulative accounting method using a quarterly reporting period, with a standard 40-hour work week, the normal length of work time in the 3rd quarter of 2016 will be as follows:

• July - 168 hours;
• August - 184 hours;
• September - 176 hours;
• total - 528 hours.

Let's say an employee worked:

• in July - 160 hours;
• in August - 186 hours;
• in September - 186 hours;
• in total for the 3rd quarter - 532 hours.

Thus, the duration of overtime for the 3rd quarter of 2016 for this employee is 532 − 528 = 4 hours. It is these 4 hours that should be compensated to the employee as overtime worked.

How is overtime paid for during a shift work schedule?

According to Art. 152 of the Labor Code of the Russian Federation, payment for processing is made in the following order:

• the first 2 hours of activity - at one and a half times the rate;
• the rest of the time - in double.

Moreover, these coefficients are minimally determined by law. The final amounts of payment for processing are established by the internal documentation of the enterprise, i.e. they can be higher.

IMPORTANT! When accounting for total hours worked, the additional payment for overtime is calculated as of the end of the reporting period. That is, if the reporting period in a company is a quarter and, based on its results, the worker has hours of overtime work: for the 1st month of the quarter - 2 hours, for the 2nd month - 1 hour and for the 3rd month - 1 hour, then all the time processing is summed up according to the rules of Art. 152 of the 4 hours of unscheduled work received in this way, 2 hours are paid at one and a half times the rate, the rest - at double.

To calculate the exact amount of additional payment for the overworked period, you need to know the specialist’s hourly tariff rate. If the employee’s salary is already calculated using tariff rates, finding out the amount of additional payment for overtime work will not be difficult. The situation is more complicated if the worker is given a monthly official salary.

1. By dividing the salary portion by the standard number of hours for 12 months. That is, with a salary of 30,000 rubles. monthly and the working time standard in 2016 at 1974 hours (with a 40-hour week), the hourly rate will be 30,000 / (1974/12) = 182.37 rubles.
2. By dividing the salary by the standard hours in the desired month. At the rate in October 2016 of 168 hours, the hourly rate will be equal to 30,000 / 168 = 178.57 rubles.
3. When an enterprise uses summarized accounting of the period worked, the hourly rate can be calculated by dividing the salary by the average standard working hours in the reporting time. The norm in the 3rd quarter of 2016 is 528 working hours - accordingly, tariff rate will be equal to 30,000 / (528/3) = 170.45 rubles.

Compensation in the form of additional rest

Overtime during shift work schedule can be compensated not only by additional pay, but also by extraordinary rest time, which corresponds to the provisions of Art. 152 Labor Code of the Russian Federation. That is, overtime hours are paid at regular rates, and unscheduled days off are not paid.

However, it must be borne in mind that compensation with increased pay is a priority - compensation by default, so to speak. If a worker wishes to receive additional rest time instead of a monetary supplement, he must inform management about this. At the same time, there was no room in the code to explain in what form a worker can communicate his desire to receive an additional day off and when this time off should be provided; HR practice shows that:

• communicate your request for additional rest time for overtime to the employee, preferably in writing, that is, in a separate application or when signing a notice of overtime work;
• the time for providing additional rest is determined by agreement between the employee and the management of the enterprise;
• the provision of additional rest time for overtime is formalized by an order or regulation of the organization.

IMPORTANT! According to Art. 152 of the Labor Code of the Russian Federation, compensation for overtime in the form of additional rest time cannot be shorter in duration than the overtime period worked. That is, for example, for 2 overtime hours an employee may be given an additional 2 hours of rest, and not a whole day off.

Legal restrictions on recycling

When organizing overtime work for members of the workforce working on a shift schedule, you need to take into account some legal requirements and restrictions:

1. The duration of overtime should not be more than 4 hours for one employee for 2 working days in a row, in total for a year - more than 120 hours (clause 6 of Article 99 of the Labor Code of the Russian Federation).
2. Cannot work overtime:
   • pregnant employees (clause 5 of article 99 Labor Code F);
   • minor workers (clause 5 of article 99 of the Labor Code of the Russian Federation);
   • workers combining work and study on the basis of a student agreement (clause 3 of article 203 of the Labor Code of the Russian Federation).
3. In a special order (clause 5 of Article 99 of the Labor Code of the Russian Federation), with a warning about the possibility of refusing overtime and obtaining written consent, the following are involved in overtime work in the absence of medical contraindications:
   • employees raising a child under 3 years of age;
   • disabled people.
4. Working for 2 shifts in a row is prohibited (clause 5 of Article 103 of the Labor Code of the Russian Federation).

Thus, overtime during a shift work schedule requires not only compliance with the rules on compensation for overtime work, but also compliance with other legal requirements relating to work outside the established time standards.

How is overtime paid according to the Labor Code of the Russian Federation? Today, a 40-hour work week doesn't seem like such an accomplishment to workers. Few even realize that the right to work 8 hours a day with two days off a week was won through a hard struggle between trade unions and production owners. After all, just a few decades ago, the employer did not even think about how to pay for overtime hours and take care of additional rest time. However, enshrined in Art. 91 of the Labor Code of the Russian Federation, the norm of 40 labor hours does not mean at all that a valuable specialist cannot be involved in overtime work.

Recycling Code

There is a misconception that overtime means all the “extra” hours spent at work. The reason for such work enthusiasm can be anything: excessive workload, approaching deadlines for projects and reporting, improper organization of work, and the like. But, if the initiator of the delay at production was the employee himself, and not his employer, then we can talk about overtime work in the context of Art. 99 of the Labor Code of the Russian Federation there is no need to talk. After all, the main condition for recognizing additional stay at the enterprise as overtime will be the desire of the management to continue the process beyond the normal working hours. Even if such a desire has real economic reasons or is the result of an unforeseen malfunction, written consent will still be required from the employee involved in extended work. True, the legislator has provided for several situations in which the disagreement of specialists will not matter (Article 99 of the Labor Code):

• eliminating the consequences of accidents, disasters and catastrophes;
• restoration of normal operation of housing and communal services, transport, communications and electrical systems. networks;
• emergency work and measures to prevent disasters and disasters.

Only pregnant women, minors, disabled people and single mothers of young children received exemption from extended labor service.

Whatever the circumstances of involving an employee in additional work, management must remember to limit its maximum duration: no more than 4 hours a day, no more than two days in a row. If we're talking about O shift work, then no more than 120 such processing hours can accumulate in a year, Art. 99 TK.

The 120 hour limit has been exceeded, what happens?

Every year, the government approves the production calendar, which indicates not only holidays and weekends, the transfer of working days, but also the standard working hours within each month, quarter and entire year. For example, in 2017, the total annual work duration should not be more than 1,973 hours. If emergency situations arise at the enterprise that require working additional time, then the employer is obliged to distribute the extra hours so that there are fewer than 2093 of them in a year.

If the management was careless and did not send a trouble-free employee on vacation on time, as a result of which the overtime amounted to 121 hours or more, then it will be difficult to avoid a fine. The fact is that this violation is classified as administrative and threatens with a fine of up to 5,000 rubles for officials and for the enterprise itself up to another 80,000 rubles. A repeated violation threatens disqualification for managers and suspension of activities for the company, Art. 5.27 Code of Administrative Offences, 195-FZ. It is clear that such sanctions serve as a powerful incentive for employers, in accordance with the requirements of Art. 99 Labor Code, kept strict records of working hours and did not overload some workers more than others, or took care of expanding the staff.

No matter how the situation with the regulatory authorities develops for the enterprise, the employee must receive payment for overtime over 120 hours in full, according to the rules of Art. 152 Labor Code of the Russian Federation.

Even if the employer violated the procedure for involving overtime work and exceeded the threshold of 120 hours per year, this should not in any way affect the employee who worked conscientiously. Payment is subject to all processing time (joint opinion of the Ministry of Finance and the Federal Tax Service (8)).

Overtime payment methods

Labor Code fixed the minimum level of payment for overtime. The employer must stipulate how overtime hours should be paid at each specific enterprise in the collective agreement or in the employment contract with the employee. Here it is also important to remember that by a local act for an enterprise, management can only increase labor guarantees; it is unlawful to establish them in a smaller amount than in the Labor Code of the Russian Federation.

If the collective agreement has not specified any additional motivating factors for paying for overtime hours, then the accounting department will accrue compensation for free time spent on the needs of the enterprise at the rates prescribed in Article 152 of the Labor Code. Namely, the first 2 hours are one and a half times the average hourly rate, and all subsequent hours are double.

40 hour week

The easiest way to take into account and calculate overtime pay is for workers on a normal schedule (40 hours, during the day, on weekdays). In this case, it is enough that the standardizer records the date of the extended work and its duration in the timesheet with code “C” or “04”. The Code only talks about how many hours of overtime are allowed per year and per day; how many there can be per month is not indicated there. Based on this, it can be theoretically calculated that the maximum overtime is possible in 84 hours in the longest month (two days of overtime work for 4 hours with a break of one day for 31 days). In practice, it is unlikely that the employer will be able to obtain the employee’s consent to such difficult working conditions, much less the trade union will agree to such an agreement.

As an example of calculating payment for additional work, we can assume that the employee worked an additional three days in a month, two for four hours, one for three. The employee’s salary is 15,000 rubles per month, with 21 working days. Then the calculation will take place in several stages:

1. Dividing the time worked into the first and subsequent hours. In the current case, more than 2 hours were worked three times. This means that 6 hours will be paid at one and a half times.
2. Determining the number of “followers”. Over three days, the employee has accumulated 5 hours, which can be described as the third or more hours per day.
3. Direct calculation of the surcharge itself

15000/21/8=89.29 rubles – average hourly rate,

(6*1.5+5*2)*89.29= 1696.51 rubles for the entire period of overtime work.

In the matter of fair payment for the labor zeal of employees and encouraging their loyalty, the main requirement will be the need for strict and clear reflection of real processing time in time sheets (forms T-12 and T-13)

Shift work schedule

The victory of trade unions in the struggle for the right to consider a 40-hour work week normal does not mean a strict ban on the use of other durations of employment for employees at the enterprise. For those companies whose specific work does not allow interruption of the production process or implies the population’s round-the-clock need for their availability, Article 103 of the Labor Code provides for the possibility of working in several shifts according to the approved schedule. When performing such work, it is difficult to coordinate the work of all employees within a week or month within the normal working hours. The legislator prudently allowed the employer to keep records of hours worked summed up within the period chosen by him (month, quarter, year), Art. 104 TK. At the same time, management must carefully ensure that in the extended accounting period the number of hours worked does not exceed the quarterly or annual norm.

Drawing up a shift schedule with overtime included in it is regarded as a violation labor rights and is fined under the same article. 5.27 Code of Administrative Offences. In cases where the need to work longer arose unforeseen, it is worth knowing how overtime payment is calculated when accounting for working hours in total.

For example, the standard hours in one of the quarters of last year were 454, the employee actually worked 480, of which 12 were on a holiday. The employee's salary is 30,000 rubles. Here you need to know how to calculate the number of overtime hours: 480-454-12= 14 hours. Since work on a holiday is already paid twice (Article 153 of the Labor Code), its duration is excluded from the total amount of overtime.

The most controversial point arises when figuring out how to pay for overtime hours according to Art. 152 TK. There are several opinions on how to determine the number of “first two hours” of overtime during cumulative accounting. The code itself, unfortunately, does not provide clarification on this matter. Until 2012, they used Soviet practice and used a simple method:

• 14-2=12
• 2 hours are paid with a coefficient of 1.5 of the salary,
• the remaining 12 are paid at double the average hourly rate.

But, by the Supreme Court ruling dated December 27, 2012, this technique was devoid of relevance. The calculation became somewhat more complicated, but became more objective. According to the court’s explanation, the shift schedule cannot include overtime hours in advance, which means, in fact, the time sheet can clearly be seen when the employee remained at work outside of the normal shift. Accordingly, you can calculate the number of “first” hours and the number of subsequent ones. In this situation, the need to accurately and most accurately fill out the work hours sheet comes to the fore.

Overtime with reduced working hours

Some specialties and industries provide for a reduced duration working week. For them, working 36 or 24 hours in five working days is recognized as the norm, and all time beyond this will be considered overtime. Some may wonder how many overtime hours are allowed per year for this schedule? The opinion that the annual limit of possible processing should also be proportionally reduced is erroneous. It’s just that in this case, when calculating the number of additional hours, the norm should be taken not 1973 hours, but 1775.4 (with a 36-hour week in 2019). Then the maximum possible duration of work in 2019 will be:

1775.4+120=1895.4 hours per year (including work on weekends and holidays).

Payment for overtime will be carried out according to the current algorithm from the previous part (as with a shift work schedule).

Payment for processing on weekends and holidays

The rule about double pay for work on weekends and holidays is widely known among workers. This is the main comforting argument for those who are “lucky” to perform work duties instead of actively celebrating or relaxing. Some believe that working overtime on a holiday will increase their earnings by another one and a half to two times. Opinion Supreme Court Another thing about this: the additional increase in pay and the accrual of remuneration simultaneously under Articles 152 and 153 of the Labor Code is regarded as excessive (7). Therefore, if the processing took place on a weekend, then you need to pay double for the entire duration, Art. 153 TK.

An exception is allowed only in a situation where the employee has expressed a desire to receive a day of rest instead of money. In this case, hours worked according to the schedule are not subject to payment; they are replaced by rest time. But with payment for overtime, the situation is different; the employer is obliged to accrue earnings for this time, but in a one-time amount.

If forced presence at work lasts until 10 pm or later, the employee will also receive a cash bonus for working at night. The answer to the question of how to pay for these overtime hours also has its own characteristics.

For example, an employee’s scheduled shift ended at 20.00; due to the illness of his partner, he was forced to stay at work for another 4 hours, until 24.00. Consequently, the night period accounted for 2 hours of work. The average hourly rate is 100 rubles. Then the tabular chart will display new earnings amounts:

• 2*100*1.5= 300 rubles – for the first hours of extended work,
• 2*100*2= 400 rubles – for subsequent ones,
• 2*100*20%= 40 rubles - “night” surcharge,
• Total: 740.00 rubles for 4 hours of overtime work.

Replacing payment with rest time

Just as in the situation with work on holidays, overtime hours can be compensated by days off during the accounting period. So, if a quarterly period of the year is chosen as the accounting period, then time off for overtime must be provided during these three months. Transferring holidays to subsequent periods is prohibited.

When replacing overtime pay with additional days of rest, overtime hours worked will be paid in the amount of a single average hourly rate.

The problem of overtime and questions related to how many hours of it are allowed per month, quarter or year are relevant, first of all, for those companies that cannot meet the 8-hour working day. An extended or continuous technological cycle forces one to expand the scope of working time, and sometimes turn to employees with an urgent request to spend their free time for the benefit of the enterprise. Managers of such industries simply need knowledge on the topic of charging for overtime and the legally possible number of overtime hours per month.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Labor Code in Russian Federation designed to protect the interests of all employees in the country.

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Therefore, first of all, you should refer to this document if questions arise about how overtime is paid under the Labor Code in the Russian Federation in 2019.

Only this regulatory legal act will contain basic information regarding remuneration for all types of work performed.

In this case, it is necessary to take into account a number of features that may accompany 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, amendments were made to the Labor Code in the field of processing. In order to calculate the amount of additional payment that the employer will make, you need to decide what overtime means.

This phenomenon appears in the following cases:

• the employee lacks the competence to carry out work at the required 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 requirement from an employer to take on more work.

It is in such cases that there is a need to make additional payments for overtime spent in the office and at the workplace.

It is worth noting that you need to know how overtime is paid under the Labor Code and the formula for this procedure is standard.

Important Concepts

Employer	Is this a citizen or entity which provides another to an individual workplace and officially employs him in his company. For example, to protect property
Recycling	This is spending more time at the workplace than specified in the country's legislation. In Russia this time is eight hours
Labor Code of the Russian Federation	This is a legislative document that regulates all relationships occurring in the sphere of labor in the country.
Wage	This is the amount of monetary incentives for a citizen who carries out any type of work. Typically this payment is made monthly
Compensation	This is a payment that is made to citizens to compensate for any losses. In this case, it will be payment for overtime work
Employment contract	This is a document that is concluded between an employer and a citizen to carry out work activities. It is this document that will establish the rights of the worker, in particular, the duration of the working day.

What duration is possible

Working time is the period of time during which a citizen is at his workplace and carries out labor activities.

This includes breaks and possible travel costs, such as travel to work and home. But such a condition can be specified 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 a maximum number of hours of work per week. In Russia, this figure is at the level of 40 hours per week. All hours not included in this figure should be considered overtime.

It must be taken into account that for different categories citizens have their own working hours with a maximum indicator:

Who cannot be involved in overtime work

These include:

• pregnant women;
• minor workers - until they turn 18 years old.

This includes other citizens, in accordance with regulatory documents local authorities.

The employer must obtain written consent for an extra-standard working day from the following employees:

• disabled people of all groups;
• women raising children under three years of age.

Categories of citizens may refuse to perform such work. Plus, it is impossible to attract them to work in the case when they are on sick leave or their health condition does not allow them to work beyond the norm. In this case, the supporting document will be a certificate from a medical institution.

Legal grounds

In terms of legislation, holding an extra-standard working day is consistent with the Labor Code of the Russian Federation. Overtime work is directly discussed in Article 99 of this code.

In the article you can find information about in what cases there may be a need to spend additional time at the workplace and which people can be involved in work and which cannot.

But it is also important to familiarize yourself with the provisions on working time in general. Information about this is established in Chapter 16. In Article 100 you can find information about what number of hours is 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 asking an employee to spend a longer period of time at work, the employer must understand that it is best to document this working relationship.

Since, in addition to the voluntary nature of spending additional time at the workplace, a citizen must be confident in being paid at increased rates.

In any case, it is necessary to notify the employee that he will need to stay 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 payment for it will not be made 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 does documentation work?

An obligatory point in attracting a citizen to work additional time is to document all hours.

The main document in this plan will be the employee’s written consent 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 citizen’s consent to spend additional hours at the workplace is attached to the order.

Is the employee's consent required?

A mandatory point both in organizing the processing process and in its documentation is the consent of the employee to carry out such work.

The Labor Inspectorate takes these documents seriously. Therefore, it is worth paying attention to these features.

It is best to obtain consent to work from the employee. This provides an evidence base and allows you to organize the company’s documentation.

How overtime is 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 the overtime.

For the first two hours, the tariff should be increased by 1.5 times, and for all other hours you will need to pay at double the tariff.

Additional payment may be replaced by a day off. And the time spent must be compensated in full in accordance with the processing.

With a shift schedule

In this case, payroll calculation options should be taken into account:

Kindergarten

Here you should follow the standard rules. For the first two hours you will be charged one and a half times the rate, and for all the rest - at double the rate.

At the same time, you need to understand that the main document will be the employment contract with the employee.

If it indicates the provision of a day off for overtime, then there will be no additional payments. But it will be possible to add “earned days” to your vacation.

Business trip

When an employee is sent on a business trip, he must be paid travel allowances. During this shipment, the need for overtime or night work arose, the employer is obliged to pay compensation for the time spent.

It is worth noting that he will carry it out in accordance with standard standards. Thus, you can count on:

• paid day off;
• accrual of additional payments in the amount of 1.5 to 2 points to the tariff.

But here it is worth considering under what agreement the employer and employee cooperate. Because in the case of irregular working hours, as specified in this document, payments for night work or additional hours of labor will not be paid.

Medicine

In this case, you should first of all take into account the length of the working day specified in the contract. Since the legislation provides for the possibility of reducing indicators for medical workers.

Therefore, they can qualify for additional pay even if they work less than 40 hours a week. The accruals 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 norm is established by law and must be observed.

Those employees who may receive such payments include:

• Piece workers - payment is made at double rates;
• employees with daily and hourly rates are also doubled;
• employees who receive wages as a salary, they will have to receive compensation at a single daily or hourly rate in the case when the number of hours in the month was normal; if the indicators are exceeded, payment is made at a double rate.

What you need to pay special attention to

Many issues in this area are regulated by production regulations and local acts and the employment contract itself.

And the employer can establish both payment on weekends and at an increased rate. Therefore, first of all, you should refer to these documents.

They allow you to quickly and accurately determine what amount of additional payment is due. At the same time, it is worth taking into account legislative norms, which are the minimum threshold for payment.