The maximum amount of overtime work for one employee. Overtime must not exceed...

When you read the provisions of the Labor Code regarding overtime work, as well as working on weekends, they seem extremely simple. However, in practice, their application causes many difficulties.

What is written in the Labor Code ...

So, let's first see what is written in the Labor Code.

Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period (according to Part 1 of Article 99 of the Labor Code of the Russian Federation).

In part 5 of the same article 99 of the Labor Code of the Russian Federation it is written that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year.

Article 152 of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least double the amount.

According to article 153 of the Labor Code of the Russian Federation, work on a day off and a non-working holiday is paid at least twice:

• pieceworkers - at least at double piecework rates;
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;
• employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if the work on a weekend and non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double hourly or daily rate in excess of the salary, if the work produced in excess of the monthly norm.

Let's explain these rules with simple examples.

So, we brought the norms of the Labor Code. Now we will try to explain with simple examples how to apply these provisions.

What is overtime

So, overtime work is work performed by an employee at the initiative of the employer outside the established working hours:

• daily work (shift) (see Example 1), as well as
• work in excess of the normal number of working hours for the accounting period (see Example 2).

Overtime restrictions

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. In this norm, too, at first glance, everything is simple.

Overtime pay

Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours at least twice the amount. Well, here, too, everything seems very simple.

Continuation of Example 3

Continuation of Example 4

Continuation of Example 2

Weekend payment

Work on weekends and non-working holidays is paid at least twice:

• pieceworkers - at least at double piecework rates (see Example 8);
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate (see Example 9);
• employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if the work on a weekend and non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double hourly or daily rate in excess of the salary, if the work was made in excess of the monthly norm (see Example 10).

Using simple examples, we explained how the norms of the law work. And now we will analyze the "tasks" more difficult.

Are overtime and weekend work the same thing?

So, it would seem that everything is simple, but in fact the norms of our legislation are drawn up in such a way that we often do not know how to apply them. Let's think about whether the concepts of "overtime work" and "work on weekends" are identical? If we try to answer this question, it will be found that in some cases we equate these concepts with each other, and in others we consider them to be different from each other. Moreover, we are usually guided by common sense, and not by the literal norm of the law. Let's take a concrete example.

Part 5 of Article 99 of the Labor Code of the Russian Federation states that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year. Agree, when we read the first half of this sentence, we assume that working weekends and working overtime are completely different things. And the norm, according to which an employee must work no more than 4 hours for 2 days in a row, has nothing to do with weekends. After all, an employee usually works on Saturday or Sunday for 8 hours. But when we read the second half of the sentence (overtime work should not exceed 120 hours per employee per year), most of us start from the diametrically opposite premise, according to which overtime work and weekend work are one and the same. And 120 hours includes work on weekends. What are we guided by? Common sense! Although, in order to consider ourselves absolutely right in this situation, Part 5 of Article 99 of the Labor Code of the Russian Federation should have been worded as follows: overtime work should not exceed four hours for each employee for two days (if we are talking about working days) in a row and 120 hours a year.

An even more difficult situation arises when it comes to paying for work on weekends. In simple situations, everything is really clear: if a person works overtime on weekdays, then we pay for the first two hours of work at one and a half times, and the next two at double. If a person is attracted to work on weekends, then wage for all hours will be calculated at a double rate. Reading the rules regarding weekend pay and overtime pay, we are absolutely sure that these are different things and that such work must be paid in different ways. However, usually, if the organization involves employees to work on weekends, then they work 8 hours (the same as in weekdays), which are paid double, but not 13, as written in the letter. In this case, the dispute seems to be as follows. Workers who appear to work 8-hour, five-day working week, attracted to work on weekends. The organization of the enterprise, having read that Article 153 of the Labor Code of the Russian Federation says that work on a weekend and non-working holiday is paid at least twice, and multiplied the hourly wage rate when paid by 2. The State Labor Inspectorate considered 5 hours that were worked outside 8 hours of normal working hours, overtime. Therefore, in her opinion, processing for the first two hours should be paid according to the formula: double pay for the day off is multiplied by one and a half for overtime work, plus for the next three hours, payment is made according to the formula: pay twice (for the day off) is multiplied by 2 (for overtime). The logic seemed strange to the organization, since at first glance it seems that double the amount for working on a day off and so includes payment for the fact that the employee works extra time. Of course, this situation is controversial, from the point of view of legal assessment, because in this case the legislation can be turned this way and that.

Let us turn again to Article 99 of the Labor Code of the Russian Federation, according to which overtime is considered work performed at the initiative of the employer outside:

1. Normal working hours.
2. Daily work (shift).
3. Work in excess of the normal number of working hours for the accounting period.

On the one hand, the logic of the labor inspectorate seems correct. After all, if the duration of daily work (shift) is 8 hours, then all the rest of the time that has gone beyond this limit is work outside the daily work (shift). That is, it must be regarded (see paragraph 2 of the list) as overtime work and paid according to the rules of Article 152 of the Labor Code of the Russian Federation, which states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least than double. On the other hand, work on a holiday is always work outside normal working hours (see point 1). Indeed, in this case, a person will work more than 40 hours a week. But no one says that the first two hours of work on a day off must be paid first at a double rate, multiplied by one and a half, and the subsequent hours - at a double rate, multiplied by two. But if the number of hours worked by him does not deviate from the normal duration of the work shift, there is no talk of payment for this day under the rules of Article 152.

Because judicial practice there is no application of this article, just as there is no explanation on this issue, it is impossible to say which of the parties is absolutely right. After all, the legislation here can be turned in one direction or the other. In addition, it is not clear: if the extra 5 hours were regarded as overtime, why it was not qualified as an offense, because, in accordance with Article 99 of the Labor Code of the Russian Federation, overtime work should not exceed four hours for each employee for two days in a row. Well, on my own behalf, I can advise: so that such disputes with the labor inspectorate do not arise, do not force the employee to work on a day off for more than normal working hours on weekdays.

How to pay for overtime work and work on weekends with a summarized accounting of working hours?

Document Fragment

Article 104 of the Labor Code Russian Federation"Summary accounting of working hours" In organizations or when performing certain types work, where, due to the conditions of production (work), the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working time for the accounting period (month, quarter, etc.) does not exceed normal working hours. The accounting period cannot exceed one year. The procedure for introducing the summarized accounting of working time is established by the internal labor regulations of the organization.

With the payment of overtime work and work on weekends, with the summarized accounting of working hours, problems often arise. So, let's try on simple examples to understand how the payment is made.

Usually, the summarized accounting of working time is kept at enterprises with shift schedule work. In this case, as a rule, either a year or a month is taken as an accounting period. If in the accounting period the number of hours exceeds the normal working hours, then the first two such hours are paid at one and a half times, the rest - at double.

When drawing up a work schedule, two norms of the Labor Code should be taken into account. Firstly, the norm according to which work for two shifts in a row is not allowed, and secondly, the norm according to which uninterrupted rest must be at least 42 hours a week.

Sometimes, according to the schedule, the working day of an employee working in shifts falls on a generally recognized weekend or holiday. The question arises: how to pay for work on such days, at double or single rates? The following answer can be given to it: if the working day of such an employee falls on a holiday, he should be paid at double rates (even if the number of hours in the accounting period does not exceed the normal number of hours).

As for the days off, the corresponding norm of the Labor Code of the Russian Federation refers to the days off of specific employees, and not about the generally accepted days off in general. In other words, if, for example, some working day of an employee falls on Sunday, it must be paid in a single amount, but if you ask a person to leave on the day when, according to the schedule, he should rest, then this work must be paid at double the rate (even if the number of hours in the accounting period does not exceed the normal number of hours).

At some enterprises, management and personnel officers sincerely believe that if a summary record of working time is kept in production, then a person can be forced to leave on his day off, which is due to him according to the schedule, and if the number of hours in the accounting period does not go beyond the normal, pay such work in single size. This approach is absolutely wrong. And if on a generally recognized day off the work of a "shifter" is paid in a single amount, then on his own - with compensation for such injustice - in a double one.

Let's try to understand the situation described by the author of the letter. If you look at production calendar, we will see that in January the normal working hours are 128 hours. A work schedule was drawn up, according to which the employee had to work 156 hours, including 32 hours of holidays. As we can see, the employee, according to the schedule, must work much more than the normal working hours in January. But since the accounting period is a year, in the following months, in theory, such processing should be compensated (that is, the scheduler should try to make the employee work less than the normal number of hours in February, March, etc.) . If a person worked according to the schedule, then we would pay him double 32 holiday hours, in single size - the remaining hours (156 - 32 = 124 hours). And at the end of the year, we would see if our employee has “extra” hours. If they were available, they would have made an appropriate additional payment (taking into account the fact that the first two hours of overtime work are paid in a single amount, and the next - in a double amount). However, the employee worked instead of 156 hours scheduled, 184 hours, that is, 28 hours more! Of all the hours worked, 48 are holidays. In this case, a number of questions arise: why did it happen that the employee did not work according to the schedule? With such a number of hours, was it possible to comply with the requirements of the law, according to which an uninterrupted weekly rest must be at least 42 hours and work for two shifts is not allowed? Without seeing the work schedule and time sheet, one can only assume that the employee went to work on his days off. Accordingly, both 48 hours on holidays and 28 hours on weekends in this case must be paid at a double rate. The remaining hours of work are paid in single. Whether there is processing, which must be paid at an increased rate, you will determine at the end of the year.

There are many situations when an employee has to stay late at work: it is necessary to complete unfinished business, replace an absent employee, or submit an annual report on time. How to call it? Overtime, expansion of service areas, growth in work volumes or irregular working hours? These concepts are often confused. Consider what overtime work is, what guarantees and compensations are due to employees. We will learn how to draw up an attraction to it and how to correctly calculate and pay for this type of employment.

The emergence and spread of wage labor led to the idea of ​​overtime work. In this concept, the employee made a choice between hours spent on the performance of a labor function (paid) and rest time.

Activities over the regulated period cannot exceed the established standards. For allowing such actions, the employer is punished with a fine and penalties. The duration of overtime work must not exceed the limit allowed by law.

Overtime - what is it?

Overtime is part of the time labor activity employee lasting more than statutory period. It arises from the work of an employee longer than legal standards within 24 hours. It should be remembered that this type of labor arises as a result of the order of the employer. However, overtime may not be considered as such. This occurs when an employee has spent time on work own initiative and without the knowledge of management.

According to the Labor Code of the Russian Federation, overtime work should be understood as the activity that is performed by an employee at the request of the employer in excess of the number of hours fixed in the law during labor day.

Legislation

The duration of overtime work per year is established by law.

The period of time during which the employee performs his labor functions refers to the worker. It is to him that Art. 91 of the Labor Code of the Russian Federation. It sets the maximum running time. Overtime does not count in this case. For any employee, up to 40 hours per week is allowed, in other words, 8 hours per day with a 5-day schedule. For some groups of workers, the duration of work is set within the boundaries of 36, 35 or 24 hours during the week. In addition, Art. 91 obliges employers to organize reporting on the length of time employees work that was spent.

The duration of overtime work should not exceed the allowable limit prescribed by law.

If the implementation time official duties goes beyond the standard limits that have been established by the regulatory legal acts, then the Labor Code of the Russian Federation calls this process work outside the normal duration of the operating mode. Such an excess of the labor regime can be in two forms:

• irregular working hours;
• as overtime work.

Such a concept may apply only to some employees working in positions for which the excess is provided for by local acts of the organization.

The regulation of activities in excess of the norm is established by the Labor Code of the Russian Federation. In addition, national and industry regulations detail this code. Such acts are, for example:

• Federal Law of the Russian Federation "On the Social Protection of the Disabled";
• order of the Ministry of Transport of the Russian Federation dated November 21, 2005 No. 139.

Overtime restrictions

This is usually related to the company's time management system. As a rule, weekly working hours, including overtime, do not exceed 48 hours during this period. This would mean that the weekly overtime limit is 8 hours for the standard working time system (40 hours per week on average). However, it should be remembered that the law indicates the average number of hours in the billing period, and the billing period can be up to 12 months.

Thus, it may happen that the manager orders the employee to work only three times a week for 12 hours, and the same specialist will work overtime for 12 hours. Such an order will be legal if:

• the required daily rest of at least 11 hours is maintained;
• the number of overtime per year does not exceed 150 hours (or any other amount specified in the collective agreement);
• during the billing period adopted by the company, weekly working hours will not be exceeded.

Unplanned work beyond the duration of the labor process is initiated by the administration of the enterprise in situations unusual for the work process. With all this, the need to obtain consent for unplanned work from employees also depends on the events of the organization and the type of work.

For example, the involvement of workers does not require their consent to work over time in the following situations:

• to eliminate or prevent tragedy, industrial accidents or natural disasters;
• to eliminate events that interfere with the normal operation of supply, communications, lighting systems;
• in circumstances of emergency, war, other threats.

Written consent is required in the following cases:

• completion of the assignment project, in a situation where, due to delays, the work will not be completed on time, which may threaten damage or loss of the object for the organization, country or subject of the federation;
• repair or restoration of devices, if their breakdown entails stopping the workflow;
• replacement of a non-appearing shift in continuous production.

With a written consent, which indicates the right to refuse unscheduled work (with the signature of the employee), in the absence of medical contraindications, they can work in excess of indicators:

• disabled people;
• women with a child under 3 years of age.

The following categories do not work overtime under any option:

• pregnant women;
• underage employees.

Maximum duration

What is the maximum overtime for an employee? The highest value is defined in the Labor Code of the Russian Federation (part 6 of article 99). The duration of overtime work of an employee should not exceed 4 hours for 2 shifts in a row.

The employer, without the help of others, allocates the right time. Thus, the duration of overtime work of an employee should not exceed 120 hours per year.

But the usual overtime norms defined in the Labor Code of the Russian Federation, industry regulations and the company's own acts can be specified.

Is overtime normal or not?

It is worth noting that according to the Labor Code of the Russian Federation, overtime work is an exceptional situation, therefore it is not allowed for the employer to plan these hours in advance (for example, in the working time schedule). In a situation where the employer knows that there will be more work in a given period, he should hire additional people or change to a different working time system that allows longer working hours (for example, work in an equivalent system).

How to count?

Overtime work will be understood as everyone extra hour in excess of the employee's daily activity time. Therefore, if an employee working in standard working hours (on average 8 hours a day) was supposed to work 8 hours, and worked 10, then the duration of overtime for the employee is 2 hours. Due to a number of regulations regarding various systems working hours, calculating overtime is a complex task and requires careful familiarization with the staff regulations.

Equivalent hours of work and overtime

In an equivalent system, the working time can be up to 12 hours. The occurrence of overtime work depends on the duration of work on a particular day and on the work schedule of the employee.

There are three options:

• The employee was scheduled to work 12 hours, and he worked 13 on the orders of management. In this situation, he has one hour of time for which he is entitled to compensation (free time or allowance).
• The employee was scheduled for 8 hours on schedule, and he worked 12. In this case, he has 4 hours.
• The employee has to work 6 hours, but it turned out to be 9. In this situation, he has 1 hour, because for working hours over the schedule, but less than the standard (8 hours), he is not entitled to overtime.

Night time

For work above the norm at night, the employee claims a higher (100%) bonus to remuneration. This period is defined as a span of 8 hours between 21:00 and 07:00. However, the employer can set their own time limits. Therefore, if a company's night time is from 23:00 to 07:00, then the time of work from 21:00 to 23:00 will not be overtime.

Accounting for overtime hours

The standard accounting method is to give the employee free time for such work. Overtime receipt is calculated at a ratio of 1:1 if the application is submitted by the employee. If the employer assigns such a temporary regime to the employee on his own initiative, then he must increase them (1: 1.5 - that is, for 8 hours the employee receives 12 hours of rest).

Accounting hours must occur before the end of the billing period. Such activity is considered without rounding. Overtime on Sundays and other weekends is additionally rewarded. An employee, even with a part-time job (if it is a day off according to the schedule), receives the whole day of rest.

Accounting for such work time can be carried out:

• by week;
• by days;
• summed version.

When applying the latter method, a quarter, year, month is taken as the calculation period. Semi-annual calculations are rarely used. This option is very relevant in situations where the possibility of daily recording of work time is excluded and impossible for the employer. An example of such activities may relate to situations where staff is involved in a job remote from the main office. One such example is shift work.

With quarterly or annual accounting, the duration in excess of the standard cannot exceed 4 hours for two consecutive shifts. The annual limit does not exceed 120 hours.

Overtime pay

In this case, the employee is entitled to an additional payment, which is made in addition to the base rate. The benefit is paid to the employee when he worked for the period specified in the contract and did not use the right to take overtime.

The overtime rate is a derivative of remuneration and is paid at the hourly rate specified in the employment contract.

The amount of the amounts will be determined by the duration of this activity for each employee individually.

Overtime - when 50, and when 100%?

For overtime work on a normal day, the employee is entitled to a remuneration of 50% of the pay. For activities at night, on Sundays and holidays that were not scheduled, as well as on a day that was originally provided in exchange for a day off or holiday worked, the employee becomes entitled to 100% remuneration.

Additional payments and overtime

Overtime work is not taken into account. different kinds additional payments (for example, supplements, years of service). This amount must be paid to the employee for the month during which the duration of work in excess of the norm is calculated. The surcharge can be settled later - before the end of the billing period.

Overtime according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation also determines the responsibility of the head for violations of the rights of an employee in the field of working hours. Currently, there is no additional regulatory document in this area. All provisions relating to the schedule and overtime work are regulated only by the Labor Code of the Russian Federation.

At the same time, the duration of overtime work should not exceed the time established by law. If these standards are violated, the employer may be fined.

If an employer forces...

In many companies, employees receive a work assignment in excess of the limit arising from the employment contract. Is it legal? As follows from the Labor Code of the Russian Federation, only in the case of:

• the need to carry out rescue operations in order to protect life or health, property, environment or elimination of accidents;
• special needs of the employer.

An employer may ask an employee to work overtime. This means the obligatory performance of imposed functions for the employee. Refusal to work in such situations can be considered as a violation official duties. However, the duration of overtime work in such a situation is limited by law.

Some employees are exempted from performing such functions (for example, pregnant women), and some groups may refuse if they wish to do so (parents of children under 3 years of age, disabled people and workers who carry out their functions in places where there are excesses of permissible concentrations harmful to health substances).

However, it is worth noting that the special needs of the employer indicate an exceptional situation, so the need to work overtime should not be the norm and may be considered inconsistent with labor laws. Unfortunately, the rules here are not strict enough, and in each situation the case must be analyzed individually.

Documentation

There are no strictly regulated documents that must be applied to account for such time. Enough application written consent employees or union approval, which will reflect the length of overtime for each employee of the company. Such a document is prepared in organizations, as a rule, in advance. When signing an employment contract, the employee must read and sign it. The order must also reflect the main motives for which it is possible to be involved in such work. The order also reflects the time period during which overtime work can be offered.

Special cases

Among the special professions related to exceeding the permissible standards of working time, one can single out the work of drivers.

The duration of overtime work of drivers should not exceed 4 hours, which is regulated by the order of the Ministry of Transport of the Russian Federation of August 20, 2004 No. 15. For such categories of professions, time accounting in the amount is applied.

Companies should adhere to the following rules when registering overtime:

• be sure to request the consent of the employee to work overtime and clarify the opinion of the trade union organization;
• do not disregard the testimony of a medical report if it prohibits such work;
• reflect in employment contracts the regime for attracting and paying overtime;
• note the schedule for attracting employees to overtime exits in a specialized journal;
• All relations with the employee must be documented in writing:
• issue orders for overtime work, indicating in it the amount of compensation and the time of processing;
• Obtain written consent from the employee.

Conclusion

The employer in such a situation must always remember that the total duration of overtime work should not exceed 4 hours on two consecutive days and 120 hours per year.

Such involvement of employees in the work should not be a system, but can only be carried out from time to time.

Thus, the duration of overtime work should not exceed the allowable limit prescribed by law.

* Shift work
* Part-time work
* Work time women and persons with family responsibilities
* Work on a rotational basis
* Flexible working hours
* Time relax
* Work on weekends and holidays
* Time sheet
* Day off or absenteeism? Design subtleties

Overtime concept

The employer has the right, in accordance with the procedure established by the Labor Code of the Russian Federation, to involve the employee in work outside the working hours established for this employee in accordance with the Labor Code of the Russian Federation, others federal laws and other regulatory legal acts of the Russian Federation, the collective agreement, agreements, local regulations, employment contract:
- for overtime work (Article 99 of the Labor Code of the Russian Federation);
- if the employee works on an irregular working day.
Article 99 of the Labor Code of the Russian Federation determines overtime as 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.
Unlike the previous legislation, now overtime work is allowed not only in emergency circumstances (accident, natural disaster, publicly necessary work on water supply, heating, lighting, etc.), but also in other cases, if such a need arises.

Procedure for overtime work. Overtime pay

Overtime work, along with irregular work, is one of the options for working outside the working hours established for the employee.
Features of overtime work is that it is carried out at the initiative of the employer. If the initiative for processing belongs to the employee, then we will talk about part-time work.
Overtime work- 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.
In cases where a summarized accounting of working time is established, the employer must determine the accounting period (month, quarter or other period up to a year) in the internal labor regulations. This is necessary for the correct calculation of hours worked by the employee overtime (Article 104 of the Labor Code of the Russian Federation).
Wherein standard of working hours for the accounting period should be equal to the norm established for the relevant category of workers, but not exceed 40 hours per week.
Rules regarding overtime work apply both to employees at the main place of work, and to part-time workers.
Involvement in overtime work should not be systematic, it can occur sporadically in certain cases (Rostrud letter dated 07.06.2008 N 1316-6-1). In accordance with Part 6 of Art. 99 Labor Code of the Russian Federation overtime for two consecutive days cannot exceed four hours.
Currently, the Labor Code of the Russian Federation recognizes three main procedures for attracting overtime work:
with the written consent of the employee;
without the written consent of the employee;
with the written consent of the employee and taking into account the opinion of the primary trade union organization.
Engagement by the employer of an employee to work overtime is allowed with his written consent. in the following cases.
- If necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to specifications production could not be performed (completed) during the working hours established for the employee. The involvement of an employee in overtime work in this case is due to the fact that non-fulfillment (non-completion) of this work may lead to damage or destruction of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people.
- In the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a cessation of work for a significant number of employees.
- To continue work if the replacement employee does not appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the employee with another shift.
Attracting an employee by an employer work overtime without his consent allowed in the following cases:
When performing work necessary to prevent a catastrophe, industrial accident, or eliminate the consequences of a catastrophe, industrial accident or natural disaster.
In the production of social necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems.
In the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that put under threat to the life or normal living conditions of the entire population or part of it.
In other cases recruitment for overtime work allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Overtime work prohibited

- pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);
- persons under the age of 18 (with the exception of creative workers of means mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the List of professions and positions of which is approved by Decree of the Government of the Russian Federation of 04.28.2007 N 252 ) (Article 268 of the Labor Code of the Russian Federation);
- employees during the period of validity of the student agreement (part 3 of article 203 of the Labor Code of the Russian Federation);
- other employees (for example, who have reduced working hours).
When involving certain categories of employees in overtime work, the employer must (part 5 of article 99 of the Labor Code of the Russian Federation):
obtain the written consent of the employee;
make sure there are no medical contraindications;
familiarize employees against signature with the right to refuse to perform overtime work.
Such employees include (part 5 of article 99, article 259, 264 of the Labor Code of the Russian Federation):
disabled people;
women with children under the age of three;
mothers and fathers raising children under the age of five without a spouse;
workers with disabled children;
employees caring for sick family members in accordance with a medical report;
guardians (custodians) of minors.
Features, conditions, procedure for involving athletes in overtime work and coaches, including persons under the age of 18, may be established by collective agreements, agreements, local regulations (part 5 of article 348.1, part 3 of article 348.8 of the Labor Code of the Russian Federation).
the only exception to this rule, in accordance with Article 268 of the Labor Code of the Russian Federation, there are cases when underage workers are engaged in creative activities in the media, cinematography organizations, theaters, theater and concert organizations, circuses or are other persons involved in the creation and (or) performance of works. At the same time, the opinion of the Russian tripartite commission for the regulation of social and labor relations should be taken into account.
Labor legislation also establishes another list of citizens whose rights are specially protected. When notifying disabled people, women with children under the age of three, as well as mothers, fathers raising children under the age of five without a spouse, employees with disabled children or caring for sick family members, fathers raising motherless children, and guardians (custodians) of minors in the document must be informed against receipt of their right to refuse overtime work.
Special overtime restrictions provides for by Article 329 of the Labor Code of the Russian Federation for employees of transport organizations whose work is closely related to the management of sources of increased danger. Employees whose work is directly related to the movement Vehicle It is not allowed to work outside the length of working hours established for them by profession or position directly related to the movement of vehicles. The list of professions (positions) and jobs directly related to the movement of vehicles is approved in the manner established by the Government of the Russian Federation.
Overtime must not exceed for each an employee of four hours for two consecutive days and 120 hours per year, while the employer is obliged to ensure an accurate record of the duration of overtime work of each employee.
Overtime paid: for the first two hours of work - at least one and a half times, for the next hours - at least twice the size. Specific pay rates for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work can be compensated by providing additional rest time instead of increased pay. The time of such rest should not be less than the time worked overtime.
For clearance hiring an employee to work overtime necessary issue an order. unified form such an order has not been approved, so the employer has the right to develop it independently. The order must indicate the reason for involving the employee in overtime work, the date of commencement of work, the surname, name, patronymic of the employee, his position and the details of the document in which the employee expressed his consent to be involved in such work.
If a collective agreement or other local regulatory act establishes the amount of an additional surcharge, then it is possible to indicate this amount in the order. The amount may also be determined by agreement of the parties. If the employee has decided on the form of compensation (increased pay or additional rest time), this item is also included in the order. It is necessary to familiarize with the order of the employee against signature.
If the employee agrees for overtime work and familiarized with the relevant order, but did not start work without good reason, his can be attracted to disciplinary action taking into account the requirements for this procedure.
At the request of the employee, payment for overtime work can be replaced by providing additional rest time. Rest time cannot be less than the time worked overtime. Thus, if an employee has worked overtime for four hours, then the additional rest time provided to him as compensation must be at least four hours.
Employer as a person responsible for the organization of work, should not allow situations where employees, due to the volume of duties assigned to them, constantly remain at the workplace at the end of the working day. In its turn employees are obliged comply with the Internal Labor Regulations, including the norms on the length of working hours (Article 21 of the Labor Code of the Russian Federation). Compliance with these two conditions will help to avoid disputes regarding the payment of overtime work to an employee who remained at work on his own initiative.
It is advisable to familiarize and bring to the employees of the organization against signature the letter of Rostrud dated March 18, 2008 N 658-6-0, which states that this work should not be paid in an increased amount, nor taken into account when determining the hours worked.
In case of violation of the procedure for attracting an employee to overtime work, the employer is liable in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Attracting specialists to work in excess of the norms is carried out according to special rules. About what standards of labor processing are established in 2019, we will tell in the article.

What kind of work is considered overtime

According to federal law, the beginning and end of the working day is provided for in the collective agreement, in labor agreement, and is also fixed in separate regulatory acts of the company. Therefore, labor time that goes beyond these time frames is recognized as processing.

Note that overtime work cannot be systematic or permanent. The activity is recognized as overtime only if it is of a one-time, episodic nature. Otherwise, such involvement of specialists should be formalized in a different way, for example.

The generally established rules apply not only to the main place of employment of a specialist, but also to part-time workers, both internal and external.

IMPORTANT! If the employee performs his immediate duties already at the end of the working day, and on his own initiative, such overwork is not recognized. This opinion was expressed by the Ministry of Labor in Letter No. 14-2/B-149 of March 5, 2018.

What is the maximum overtime

Legislators have strictly limited the duration of overtime for all professionals. In accordance with Part 6 of Art. 99 of the Labor Code of the Russian Federation, the duration of overtime work should not exceed four hours for two consecutive working days. Moreover, the maximum limit for one employee is 120 hours per year.

Keeping records of overtime is the direct responsibility of the employer. In the time sheet, appropriate notes are made on the duration of hours worked in excess of the standard.

IMPORTANT! If the employer violated the procedure for engaging in overtime work, then he faces administrative liability under part 1 (a fine of up to 50,000 rubles per company). In case of a repeated violation, the employer will be punished under part 2 of article 5.27 of the Code of Administrative Offenses (already up to 70,000 rubles per company).

Restriction under the Labor Code of the Russian Federation

Not all categories of workers can be involved in activities in excess of the established norms. For example, it is prohibited to engage in overtime work (Labor Code of the Russian Federation) for the following employees:

• pregnant women;
• minors, with the exception of athletes and creative workers;
• workers under a student agreement;
• other professionals with medical restrictions or contraindications for health reasons.

But some workers can be involved only after receiving from them a written consent to overtime work. These include the following categories:

• citizens with disabilities;
• mothers whose children have not yet reached the age of three;
• single parents raising children under the age of 5;
• parents of children with disabilities;
• persons caring for close relatives, according to relevant medical reports;
• guardians and guardians of minor children.

Note that, in addition to consent, the employer must, under signature, familiarize these employees with the right to refuse excess work. That is, the argument “I didn’t refuse because I didn’t know that it was possible” does not work in this case.

Processing without the consent of the worker

In some situations, the involvement of an employee in overtime work is allowed without his consent. Such situations are listed in part 3 of article 99 of the Labor Code of the Russian Federation:

1. To perform actions aimed at preventing disasters or industrial accidents, eliminating the consequences of natural disasters, man-made disasters and accidents.
2. To carry out socially necessary actions aimed at eliminating unforeseen, force majeure circumstances that disrupt work heating systems, as well as systems of water supply, sewerage, gas supply, electricity supply, communication facilities.
3. For the production of duties that are due to the introduction of a state of emergency or martial law, as well as for urgent work in conditions emergencies(fires, floods, famine).

Payment for processing

For the time worked in excess of the established standard, the employer is obliged to pay an increased amount or provide additional rest. For the first two hours of processing, payment is calculated at a 1.5-fold rate, for the rest of the time - at a double rate. The organization may charge higher overtime pay. But below the number established by the Labor Code of the Russian Federation, payments cannot be established. Specific rules for overtime pay are approved by the LNA:

• the order of the head;
• collective agreement;
• employment contract with the employee.

The calculation procedure depends on the system of remuneration established in the organization.

IMPORTANT! If overtime work falls on a weekend or non-working holiday, you will need to pay for all overtime hours based on double tariff rate. In this case, the employer must be guided by the rules.

Calculation of pay for overtime work at salary

If an employee receives a salary based on a monthly salary, the question arises: how to determine the hourly rate. After all, it is from it that the extra pay for overtime work is calculated. The Labor Code of the Russian Federation does not contain clarifications on this matter. The regulators suggest doing the following:

1. The average monthly number of working hours is determined.
2. The hourly rate is calculated by dividing the salary by the average monthly number of hours worked.

Insect Alexander was given a monthly salary of 30,000 rubles. It operates on a five-day working week with an 8-hour working day. On March 20, 2019, he was called to work after the end of the working day for 3 hours. All other days are worked out completely in the mode of normal working hours. Let's calculate the salary.

Step 1. Since all days have been worked out for the month, the salary will be paid in full in the amount of 30,000 rubles.

Step 2. Determine the hourly rate. With a five-day working week, the number of working hours for 2019 is 1970 hours.

Step 3. For overtime work on March 20, 2019, the first two hours are paid at the rate of one and a half.

And for the third hour of overtime, double the hourly rate must be paid.

Step 4. The salary for March will be: 30,000 + 548.22 + 365.48 = 30,913.70 rubles.

Overtime work with summarized accounting of working hours: calculation of payment

The summarized accounting of working hours is established if the organization cannot ensure the employee's normal daily working hours (). Its essence is that the normal number of working hours is set for a longer accounting period:

• month;
• quarter;

Within the accounting period, working hours can be distributed so as to provide the necessary production schedule for the enterprise. This form of labor is used in shift, shift or seasonal work schedules.

The peculiarity of payment for overtime work with the summarized accounting of working hours is that the calculation is made only at the end of the accounting period. It turns out that during the accounting period for all hours of work the employee receives a single tariff rate. And the overtime allowance will be paid in full if hours of work are overtime.

Example

In the organization where Bukashka Alexander works, a summarized accounting of working hours is established. The accounting period is one month. In March, the norm is 159 hours. In fact, the employee worked 165 hours. The tariff rate of an employee is 200 rubles. at one o'clock.

Payment for hours worked, based on a single rate.

The employee worked overtime: 165 - 159 = 6 hours. Two hours must be paid on the basis of one and a half rates, and the next four - on a double rate. We have already taken into account the single rate for these hours when calculating the payment for hours worked. And the surcharge on top of it will be:

The salary to be accrued to the employee will be: 33,000 + 200 + 800 = 34,000 rubles.

Overtime with shift work

It is applied at the enterprises if continuous manufacturing process exceeds normal working hours. When working in shifts, wages can be calculated based on the salary or a summarized accounting of working hours can be established.

Overtime pay will depend on the chosen form of remuneration. The calculation rules for each payroll method are discussed in the previous sections.

The main feature of working in shifts is that a shift can fall on a traditional day off (Saturday or Sunday) and on a public holiday.

If overtime work fell on an employee's work shift, then payment is made in accordance with the rules of Article 152 of the Labor Code: 1.5 times the amount for the first two hours and double for the next. Even if the shift fell on Saturday or Sunday, but not on a holiday.

If overtime work was on a public holiday (even if it is a scheduled shift), then it is paid in double the amount for all hours (Article 153 of the Labor Code of the Russian Federation).

Article 152 of the Labor Code of the Russian Federation. Overtime pay (as of April 1, 2019)

Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

Work performed in excess of the normal working hours on weekends and non-working holidays and paid in an increased amount or compensated by the provision of another day of rest in accordance with Article 153 of the Code is not taken into account when determining the duration of overtime work payable in an increased amount in accordance with part 1 of the article 152.

Lecture Search

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

Labor Code of the Russian Federation, Article 93. Part-time work

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Labor Code of the Russian Federation, Article 96. Work at night

Night time is from 22:00 to 06:00.

The duration of work (shift) at night is reduced by one hour without subsequent working off.

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equalized with the duration of work during the day in cases where it is necessary for working conditions, as well as for shift work with a six-day work week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.

Guarantees and benefits provided to women in connection with motherhood apply to fathers raising children without a mother, as well as to guardians (custodians) of minors (see Article 264 of the Labor Code of the Russian Federation).

The following are not allowed to work at night: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. Wherein said employees should be in writing aware of their right to refuse to work at night.

Labor Code of the Russian Federation, Article 101. Irregular working hours

Irregular working hours - a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

Labor Code of the Russian Federation, Article 106. The concept of rest time

Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion.

Labor Code of the Russian Federation, Article 107. Types of rest time

The types of rest periods are:

Ø breaks during the working day (shifts);

Ø daily (inter-shift) rest;

Ø weekends (weekly uninterrupted rest);

Ø non-working holidays;

vacation Ø.

Labor Code of the Russian Federation, Article 114. Annual paid holidays

Employees are provided annual leave with the preservation of the place of work (position) and average earnings.

Labor Code of the Russian Federation, Article 115. Duration of the annual basic paid leave

Annual basic paid leave is granted to employees for 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended basic leave) is granted to employees in accordance with this Code and other federal laws.

Labor Code of the Russian Federation, Article 122. Procedure for granting annual paid holidays

Paid leave must be granted to the employee annually.

The right to use leave for the first year of work arises for the employee after six months of his continuous work at this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

women - before maternity leave or immediately after it;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Vacation for the second and subsequent years work can be provided at any time of the working year in accordance with the order of granting annual paid holidays established by the given employer.

Pay and regulation of labor.

Labor Code of the Russian Federation, Article 129.

Basic concepts and definitions

Salary (employee's remuneration) - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments(surcharges and allowances of a compensatory nature, including for work in conditions that deviate from normal, work in special climatic conditions and in territories subjected to radioactive contamination, and other compensation payments) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).

The tariff rate is a fixed amount of remuneration of an employee for fulfilling a labor norm of a certain complexity (qualification) per unit of time without taking into account compensatory, incentive and social payments.

Salary (official salary) - a fixed amount of remuneration of an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensatory, incentive and social payments.

Base salary (base official salary), basic wage rate - the minimum salary (official salary), the wage rate of an employee of a state or municipal institution carrying out professional activity by profession of a worker or position of an employee, included in the relevant professional qualification group, without taking into account compensatory, incentive and social payments.

Labor Code of the Russian Federation, Article 131.

What is the maximum overtime for an employee?

Forms of remuneration

Wages are paid in cash in the currency of the Russian Federation (in rubles).

In accordance with a collective agreement or an employment contract, upon a written application of an employee, remuneration may also be made in other forms that do not contradict the legislation of the Russian Federation and international treaties of the Russian Federation. The share of wages paid in non-monetary form may not exceed 20 percent of the accrued monthly wage.

Payment of wages in bonds, coupons, in the form of debt obligations, receipts, as well as in the form of alcoholic beverages, narcotic, poisonous, harmful and other toxic substances, weapons, ammunition and other items in respect of which prohibitions or restrictions on their free circulation are established , not allowed.

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Overtime work and its limitations

Overtime is considered to be work performed by an employee in excess of the length of working time established for him, provided for by the internal labor regulations. At the same time, work is recognized as overtime only in those cases when it is performed at the suggestion, order or with the knowledge of the employer.

The Labor Code provides for three different grounds for overtime work: the employee's consent; the prescription of the law; condition of the collective agreement, agreement.

By virtue of the prescription of the law, overtime work is allowed only in the following cases: in the performance of work to prevent a public disaster, industrial accident; in the production of socially necessary works on water supply, gas supply, heating, lighting, transport.

Overtime work is not allowed: pregnant women; workers under 18; workers studying on the job in general education educational institutions; exempted from overtime work in accordance with the medical report.

Overtime work must not exceed 4 hours for each employee for two consecutive days and 120 hours per year. This number does not include work performed by virtue of the prescription of the law. Basic compensation for work in overtime be an additional charge.

Rules for calculating overtime hours in case of summarized accounting of working hours

By agreement with the employer, the employee may also be granted another day of rest.

Women with children aged 3 to 14, as well as disabled people, can be involved in overtime work with their consent, while disabled people - only when such work is not prohibited in accordance with a medical report.

66. Time relax – the time established by law, during which the employee is free from the performance of his labor duties and has the right to use it at his own discretion. There are two ways to regulate the length of rest time: indirect and direct. The indirect way is legal restriction working hours, direct - in the legislative consolidation of specific types of rest time. Types of rest time: 1 Break during the working day (break for rest and meals - at least 20 minutes, no more than 4 hours). 2 Interday (everyday) breaks are breaks in work between the end of one working day and the beginning of the next. There must be at least twice the duration of work. 3 Weekly rest days are days off. (can be used to compensate for shortfalls up to a weekly rate) Compensation for work on a day off can be provided in the form of another day of rest or monetary compensation not lower than the 2nd compensation. 4 Holiday non-working days. They are planned in advance in the work schedule and are included in the monthly norm of working time.

Return to list

From time to time, the employer and employees face the question: how to properly pay for hours worked overtime (the so-called overtime).

First of all, decide on the time - to clarify the number of hours worked in excess of the norm.

How many hours should overtime work be?

Time accounting can be summarized: in this case, overtime processing is paid for hours in excess of the norm for the accounting period. In this case, according to the generally accepted practice, only two hours will be paid at the rate of one and a half; with this approach, if the accounting period is not over, and the employee continues to work, “processing” automatically begins. Two and only two - in each accounting period in which there was processing.

IMPORTANT! Remember, summarized accounting is introduced just when, according to the conditions of the activity, it is impossible to observe the normal working hours (Art.

104 of the Labor Code of the Russian Federation). However, summarized accounting does not cancel shift schedules. And here the question arises: should hours worked overtime be considered overtime on this particular day? In the opinion of a number of employees, despite the fact that summary accounting has been introduced, the established shift schedule also normalizes the employee's working hours, and it is precisely the daily norm. And thus, it is the “daytime” processing that should be used. But this is not true! Article 99 of the Labor Code of the Russian Federation directly indicates that, with a summarized accounting of time, processing is work in excess of the normal number of hours for the accounting period.

IMPORTANT! Based on the foregoing regarding the correct accounting for processing: one should not try to cheat and, for the purpose of lower pay, calculate the daily processing (if any) for any day in order to determine how many hours to pay in one and a half size, and how many in double. This is a violation of labor laws.

If no totalized time tracking is set, overtime will be considered any duration in excess of the normal duration of the shift. Accounting should be kept accurately (Article 99 of the Labor Code of the Russian Federation) - but again, it is not disclosed how accurately. Strictly speaking, it will not be a mistake to take into account the minutes of processing (i.e., an employee who has worked 45 minutes will have not a rounded hour in the timesheet as processing, but only the exact 0.75 hours).

After you have decided on the number of hours, it is time to calculate the "hourly" cost. If you have an hourly rate, then you use it as a basis: one and a half rates for the first two hours, two rates for the next (Article 152 of the Labor Code of the Russian Federation).

But! Article 152 of the Labor Code of the Russian Federation does not disclose what exactly is meant by the term "one and a half size" and how exactly it is defined. Average daily earnings divided by the number of daily hours worked? A specific daily rate (daily part of the salary) divided by the number of hours worked on a given day?

There is a generally accepted approach, given in Article 153 of the Labor Code of the Russian Federation, which clarifies wages on weekends and non-working holidays for all forms of wages. But how correct would it be to apply such a form for overtime?

There is a letter from the Ministry of Health of the Russian Federation No. 16-4 / 2059436 of 07/02/2014, which indicates that you can use the rules of Article 153 of the Labor Code of the Russian Federation - using a tariff or rate without taking into account compensatory and incentive payments. True, we should not forget that it means that the “northern”, “regional” and “harmful” surcharges are already taken into account in the tariff or rate. Otherwise, they must be credited for “processing”.

IMPORTANT! This letter is not a normative act.

Further in the letter, the Ministry of Health indicates that in order to calculate the hourly tariff rate, it is most reasonable to divide the salary by the average monthly number of hours (the annual norm of working hours divided by 12). In this case, in different months, the employee will receive equal pay which is, in principle, reasonable. As for various allowances and additional payments for "overtime" - we consider the position of the Ministry of Health ("to include in one and a half and double payment all allowances and surcharges established in the organization or part of them”) is not entirely correct. Surcharges and allowances should be applied to the payment of all working time, and not part of it. Otherwise, there is a deterioration in the position of the employee in terms of ensuring payment for the same work performed during “normal” hours and “overtime”.

We also recall that to determine the average daily wage, the methodology given in Article 139 of the Labor Code of the Russian Federation (average wage) is used. Which, strictly speaking, by the letter of the law, is not applicable to the calculation of "overtime", but can be used to determine the average daily earnings, and, accordingly, the calculation of payment in proportion to the overtime worked (i.e. dividing average earnings for normal working hours). However, there is a nuance here - the average daily earnings include previously made processing, payments and compensation, and not a “net” salary (rate, tariff).

Due to the fact that the procedure for determining the hourly rate (rate of payment) is not established by law, you can set it yourself and “legitimize” it by adopting an appropriate internal document.

Remember only that you should not worsen the situation of workers in comparison with the norms already in force.

Region on the islands

Article 99. Overtime work

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

(see text in previous

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

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

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

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

3) to continue work in the absence of a replacement employee, if the work does not allow a break.

Recycling rate per year according to the Labor Code of the Russian Federation

In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

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

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

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

(as amended by Federal Law No. 417-FZ dated 07.12.2011)

(see text in previous)

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

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

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

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

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

Art. 99 of the Labor Code of the Russian Federation. Overtime work