What is the maximum overtime. Everything you need to know about overtime work: the rights and obligations of an employee and an employer

According to article 99 Labor Code Russian Federation overtime work is considered to be work activity in which an employee is engaged by the employer to perform his duties for a time exceeding the established working hours.

If an employee of the company has unlimited working terms under an employment contract, and the employee himself periodically remains at his workplace after the end of the working day or starts working earlier than his colleagues, then these delay times will not apply to overtime work.

At the present time, the legislation of the Russian Federation states that employees can be involved in work, the time of which exceeds the established limit, both in the event of an emergency (road accident, technical work, accident, etc.), and in other circumstances requiring the adoption of such measures.

What is overtime?

Employee involvement in additional working hours should only be carried out if he gives his consent to writing... The employer must take into account the position of the elected member of the primary union.

Article 99 of the Labor Code of the Russian Federation indicates cases when a person should be attracted to additional work activities only with his consent, expressed in writing:

• if there is a need to complete an already started work activity, which, due to a sudden delay associated with technical working conditions, could not be realized within the timeframe set on the schedule.

Additional hours are given only if the failure to complete the work activity can cause damage to the property of the enterprise (this property includes the property of the employer and property transferred to the organization for temporary use, for which the employer is responsible), which was received from the organization of the state or municipal type, or lead to a threat to human life;

• during temporary work activities related to the repair / restoration of mechanical devices or structures, when the malfunction of these objects can lead to the completion of work activities for a large number of workers;
• in order to continue work in the event that the employee does not appear on the shift specified for him, if work activity cannot be interrupted. In this situation main responsibility the employer becomes the search for an employee who can act as a replacement.

Some workers, in order to be involved in overtime employment, must, in addition to concluding a written contract, receive a medical certificate that will indicate the employee's suitability for performing additional work duties.

The issuance of a health conclusion is carried out in accordance with the decree of the Ministry of Health and Social Development of the Russian Federation of February 2, 2012 under number 441n. This category of workers includes:

1. People with disabilities;
2. Female representatives who have small children (age group - up to 3 years old).

When establishing a complete (summarized) accounting of hours of work, the employer must necessarily specify the accounting period in the working rules. This must be done in order to correctly calculate the hours that the employee works overtime.

Also, the rate set for the accounting period should be equated to the rate set for a specific category of employees (should not exceed forty hours per week).

Who Can't Be Involved in Overtime Activities?

Not everyone can work beyond measure.

Additional labor activity the following categories of employees cannot be involved:

1. Women in position;
2. Employees who have not reached the age of eighteen. True, there are exceptions, this applies mainly to media workers engaged in creative activities, cinematographic organizational structures, collectives for video and television filming, entertainment organizations, as well as other persons who create and exhibit cultural works. This rule taken into account by the Government of the Russian Federation and confirmed by the approval of a 3-party commission of the Russian Federation, which is responsible for regulating relations of a social and labor type;
3. Employees of the company during the functioning of the student contractual obligations;
4. Other categories of citizens in accordance with the norms of the Labor Code and other legislative acts in force at the federal level.

In addition, article number 99 of the Labor Code of the Russian Federation provides for situations when an employee of a firm or enterprise can be involved in employment by an employer without mandatory consent:

• during the implementation of work activities, the need for which arises when it is necessary to prevent a catastrophe, emergency in production or liquidate Negative consequences caused by technical failure or natural disaster;
• during the period of social important work aimed at eliminating circumstances that disrupt the stable operation of centralized water supply systems, gas supply systems, power plants, as well as transport structures;
• during the implementation of work activities, due to the need to introduce a state of emergency or VP, or the urgency of carrying out work in critical conditions. This applies mainly to catastrophic consequences, which include fires and earthquakes. The rule also applies to other situations that can pose a threat to the lives of townspeople.

It must be said that the time for which the performance of additional work activities is allotted cannot exceed 4 hours for an employee in a period of 2 days and 120 hours per year.

The employer in such a situation must ensure that the duration of overtime work is correctly recorded for each individual employee.

The time sheet of the work schedule represents the time that was worked overtime in the form of a letter designation "C" or numerical coding.

If workers do not have standardized hours of work, then they will not be paid for overtime work. Instead, the additional working period worked will be compensated for by vacation.

How is overtime paid?

The wages are higher than in normal work.

The rules for remuneration for overtime work are spelled out in article one hundred fifty-second of the Labor Code of the Russian Federation. This article states that payment for additional work activities should be carried out:

1. For the first 2 working hours - in the amount of one and a half cost;
2. For a further time - in double the size.

The size wages payable for the performance of additional work activities can be established both by collective agreement and by local regulatory law or an employment contract.

Also a worker on own initiative may require overtime work activity was rewarded not with a higher salary, but with additional days off. In this case, the rest time should not exceed the period for which the overtime work was done.

There is also a small nuance in the document, which is associated with the additional payment for overtime work duties with full accounting of hours worked. Members of the Ministry of Health and social development represent the following position: in the case of full accounting of the time for which the labor activity was carried out, additional payments will be made after the end of the accounting period.

Nevertheless, the official documents of the Armed Forces of the Russian Federation indicate that such a provision contradicts clause 5.5. This clause says that the use of modes that establish flexible work schedule on the various enterprises and structural organizations, it is possible only in full compliance with the decree of the State Labor Committee.

It says that when overtime work is carried out by workers performing their work duties in a flexible schedule, hourly accounting of this activity is carried out in a summary form in full compliance with the recorded accounting period.

This means that overtime is work time, which was worked out in excess of the norm adopted for this stage.

Payments are made in accordance with the rules of the current legislation.

For example, if an employee worked overtime for about thirty hours (two weeks of the specified period), then the original amount will be paid to him for twenty-eight hours, the remaining two hours will be paid twice.

Calculation of the salary for overtime work

An example of calculating overtime pay.

To understand how the salary of an employee doing overtime work is calculated, consider an example.

The employee of the institution has been assigned a complete record of the time during which he performs his labor activity. The accounting period is one month, and the shift time is twelve hours.

This employee has an hourly salary of 180 rubles per hour. In the last month of the summer, he worked fourteen shifts, which corresponds to 168 hours, which is the standard duration of work.

Also in August, due to some circumstances at work, this worker had to perform additional work duties. The period of overtime work was 2 hours per shift, and there were 3 such shifts in total.

Overtime work carried out at the enterprise must be paid in accordance with article 152 of the Labor Code of the Russian Federation. Now you need to calculate wages.

Since the employee worked on an overtime schedule of 2 hours per full shift, and the total number of shifts was three times / month, in the end the time spent on overtime work will be 6 hours (two hours are multiplied by three. So, an additional payment for the implementation overtime will total 1620 rubles.

The procedure for calculating the hourly tariff scheme from a flat rate for a month is determined by a letter from the Ministry of Health dated July 2, 2014.

It talks about how the hourly discount rate is calculated to calculate the amount of additional pay for overtime work by employees. medical institutions that work in accordance with the schedule (in a twelve-month period on certain days there is an opportunity for deficiencies or processing from the established norm according to the calendar production sample), as well as whether it is legal that during the calculation hourly pay the average annual price of 1 hour is taken into account specifically.

Thus, the Ministry of Health has established that Article 152 of the Labor Code of the Russian Federation does not determine the procedure for establishing the minimum wage for overtime work.

The officials found that when paying for overtime work, the rules of Article 153 of the Labor Code of the Russian Federation can be applied in practice.

This article indicates that minimum wage double should be double tariff plan, which will not take into account incentive or compensatory cash payments.

Summing up the above, it must be said that Article 152 of the Labor Code of the Russian Federation provides complete information related to the amount of wages for overtime work. The organization, in its own statutory constituent acts, has the right to establish a different salary.

True, this size should not be lower than the minimum provided for in the Labor Code of the Russian Federation. You also need to remember that the additional payment for overtime work is part of the employee's salary, which means that it is also taxed by insurance companies.

Learn how to pay for overtime work in this video.

Form for accepting a question, write your

Working time is the time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts Of the Russian Federation refer to working hours.

Normal working hours cannot exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined federal body executive power, carrying out the functions of developing public policy and labor regulations.

(part three was introduced by the Federal Law of 22.07.2008 N 157-FZ)

The employer is obliged to keep records of the time actually worked by each employee.

Article 92. Shortened working hours

Reduced working hours are established:

for employees under the age of sixteen - no more than 24 hours a week;

for employees between the ages of sixteen and eighteen - no more than 35 hours per week;

for employees who are invalids of I or II groups - no more than 35 hours per week;

for workers engaged in work with harmful and (or) dangerous conditions labor - no more than 36 hours per week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

(Part one as amended by Federal Law of 30.06.2006 N 90-FZ)

Working hours of students educational institutions under the age of eighteen, working for school year in free time from studies, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

This Code and other federal laws may establish reduced working hours for other categories of workers (pedagogical, medical and other workers).

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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 upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) 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 certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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.

Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

Article 94. Duration of daily work (shift)

The duration of daily work (shift) cannot exceed:

for employees aged fifteen to sixteen years - 5 hours, for employees aged sixteen to eighteen years - 7 hours;

for students of general education institutions, educational institutions of primary and secondary vocational education combining study with work during the academic year, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

for disabled people - 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.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

For workers engaged in work with harmful and (or) dangerous working conditions, where a reduced duration of working hours is established, the maximum permissible duration of daily work (shift) cannot exceed:

at 36 hour working week- 8 ocloc'k;

with a 30-hour work week or less - 6 hours.

The collective agreement may provide for an increase in the duration of daily work (shift) in comparison with the duration of daily work (shift) established by part two of this article for workers employed in work with harmful and (or) hazardous working conditions, provided that the maximum weekly duration of the worker is observed. time (part one of Article 92 of this Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation.

(Part three as amended by Federal Law of 30.06.2006 N 90-FZ)

The duration of the daily work (shift) of creative workers of the means mass media, organizations of cinematography, television and video filming collectives, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (display) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, may be established by a collective agreement, local normative act, labor agreement.

(Part four was introduced by the Federal Law of 30.06.2006 N 90-FZ, as revised by the Federal Law of 28.02.2008 N 13-FZ)

Article 95. Duration of work on the eve of non-working holidays and days off

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

In continuously operating organizations and on certain types work where it is impossible to reduce the duration of work (shift) on the pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee's consent, by payment according to the norms established for overtime work.

On the eve of weekends, the duration of work with a six-day working week may not exceed five hours.

Article 96. Work at night

Night time - time from 22:00 to 6:00.

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The duration of work (shift) at night is not reduced for employees who have a reduced duration of working hours, 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 equal to the duration of work in the daytime in cases where it is necessary for the working conditions, as well as for shift work with a six-day work week with one day off. The list of these works can be determined by a collective agreement, local normative act.

Not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of workers in accordance with this Code and other federal laws. Women with children under the age of three, disabled workers, workers with disabled children, as well as workers 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 work at night only with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical report. Wherein specified workers must be informed in writing of their right to refuse to work at night.

(as amended by Federal Laws of 24.07.2002 N 97-FZ, of 30.06.2006 N 90-FZ)

The order of work at night for creative workers of the media, cinematography organizations, television and video filming teams, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works , professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, local regulatory act, labor agreement.

(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 28.02.2008 N 13-FZ)

Article 97. Work outside the established working hours

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The employer has the right, in accordance with the procedure established by this Code, to attract an employee to work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective bargaining agreements, local regulations, labor contracts (hereinafter - the working hours established for the employee):

for overtime work (Article 99 of this Code);

if the employee works on irregular working hours (Article 101 of this Code).

Article 98. Abolished. - Federal Law of June 30, 2006 N 90-FZ.

Article 99. Overtime work

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

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

1) if necessary, perform (finish) the work begun, which due to an unforeseen delay in technical specifications production could not be performed (completed) during the working hours established for the employee, if the failure to perform (non-completion) of this work may result in damage or loss of the employer's property (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 create a threat to the life and health of people;

2) during the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the termination of work for a significant number of employees;

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

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

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

In accordance with the Federal Law of 07.12.2011 N 417-FZ from January 1, 2013 in paragraph 2 of part three of this article the words "water supply, gas supply, heating, lighting, sewerage systems," will be replaced by the words " centralized systems hot water supply, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, ".

2) when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems;

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 conditions, 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, 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, employees under the age of eighteen years, other categories of employees in overtime work in accordance with this Code and other federal laws. Involvement of disabled persons, women with children under the age of three years, in overtime work, is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed 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 years, must be informed against signature of their right to refuse overtime work.

Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

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

Regulation of overtime work by the labor legislation of the Russian Federation

Features of payment for overtime work

Distinctive features of overtime pay, irregular work hours and work on weekends and non-working hours holidays

Document flow when attracting an employee to overtime work

The employer has the right to involve an employee in work outside the working hours established for this employee in accordance with the legislation of the Russian Federation and the internal regulations of the enterprise that establish labor regulations.

According to Art. 99 of the Labor legislation of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), overtime is considered to be work performed by an employee at the initiative of the employer outside the established duration of working time (daily work (shift)) for the employee, and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period ...

Features of attracting company employees to overtime work

The employer may involve an employee in overtime work with his written consent in the following cases:

• if necessary, perform (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (completed) during the working hours established for the employee, if the failure to perform this work may result in damage or loss of the employer's property (including 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 production of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause the termination of work for a significant number of workers;
• to continue work in the absence of a shift worker, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

The employer may engage an employee to work overtime without his consent:

• when performing work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply systems, cold water supply and (or) sewerage systems, gas supply systems, heat supply, lighting, transport, communications;
• 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 conditions, i.e. 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, it is allowed to involve an employee in overtime work with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Note!

It is not allowed to involve pregnant women and employees under the age of 18 in overtime work. Involvement in overtime work of disabled persons, women with children under the age of three years, is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical report. At the same time, disabled people, women with children under the age of three years, must be informed against signature of their right to refuse overtime work.

Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year. It is the employer's responsibility to ensure that each employee's overtime is accurately recorded.

Features of payment for overtime work

According to Art. 152 of the Labor Code of the Russian Federation, overtime is paid for the first two hours of work at least in one and a half amount, for the next hours - at least in double the amount.

For your information

The specific amount of overtime pay may be determined by a collective agreement, local regulation, or an employment contract.

At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime. In some cases, critical situations arise between the employer and the employee, especially when it comes to higher pay and time off. So, for example, knowing his rights, an employee can stay late at work, and then demand from the employer to pay all his "overtime" work or provide additional rest time.

However, this is fundamentally wrong - according to the letter Federal Service on labor and employment from 18.03.2008 No. 658-6-0 involvement in overtime work is allowed with the written consent of the employee, with the exception of the cases listed in Art. 99 of the Labor Code of the Russian Federation, when the employer has the right to do this without his written consent. Overtime work is paid in an increased amount, but at the request of the employee, instead of the increased pay, it can be compensated by providing additional rest time, but not less than the time worked overtime. If the employee remains at work on his own initiative, the employer is not obliged to provide him with additional time off.

Features of documenting overtime work

Overtime work is not the norm for the functioning of the enterprise, and in most cases, in order to involve an employee in overtime work, it is necessary to obtain his written consent (with the exception of work necessary to prevent or eliminate the consequences of a disaster, work to ensure water, gas supply, lighting, etc. , work in emergency and military situations). In this regard, the introduction into local regulations or employment contracts of the condition of the employee's consent to work overtime is gross violation labor legislation.

Each case of involving an employee in overtime work must be documented.

Be sure to provide a specific reason, avoid general phrases such as "due to production needs", as the concept of "production need" does not reveal the true reason for using overtime.

As a rule, registration begins with the writing of a service (or report) note by the initiator of overtime work, which may be the head of the structural unit of the enterprise. The memo (see below for an example) must contain the following information:

• the reason for attracting employees of the enterprise to overtime work;
• list of employees of the enterprise involved in overtime work;
• the period of attracting employees of the enterprise to overtime work, as well as the time of overtime work;
• recipient of information (director of an enterprise or other authorized person who has the right to make appropriate decisions);
• date and signature of the initiator of recruiting employees to overtime work.

Based memo the head of the enterprise decides on the advisability of attracting employees to overtime work. At the same time, he may call the initiator of overtime work and demand more detailed explanations.

As a rule, on a note, the manager puts his resolution, for example, "In the order" or other content addressed to the boss personnel service(to generate notifications and collect required documents to issue an order) and the chief accountant for the correct calculation of the due payments to employees involved in overtime work.

After approval by the head of the enterprise or other authorized person, as a rule, the head of the personnel department generates notifications for each employee involved in overtime work, according to the service (memo) note.

The notice of overtime work is drawn up in any form, but must necessarily contain the following information:

• Name and position of the employee (s) involved in overtime work;
• reasons for overtime work;
• period and time of overtime work;
• specifics of overtime pay;
• the signature of the head of the personnel department and the date.

Additionally, this document (or on the reverse side) can provide for a section on the consent / disagreement of the employee to work overtime in the event that the employee has the right to refuse.

A. N. Dubonosov,
Deputy Managing Director for Economics and Finance

The material is published in part. You can read it in full in the magazine

The attraction of specialists to work in excess of the norms is carried out according to special rules. We will tell you about what standards of labor overtime are established in 2019 in the article.

What work is considered overtime

By federal law, the beginning and end of the working day is stipulated in the collective agreement, in the employment agreement, and is also enshrined in separate regulations of the company. Consequently, labor time that goes beyond this time frame is recognized as processing.

Note that excess work cannot be systematic or permanent. Overtime 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.

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 fulfills his immediate duties already at the end of the working day, and on his own initiative, such overtime is not recognized as over-standard. This opinion was expressed by the Ministry of Labor in a Letter dated 03/05/2018 No. 14-2 / ​​B-149.

What is the maximum duration of overtime work

Legislators have strictly limited the duration of processing for all specialists. 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 in two consecutive working days. Moreover, the maximum limit for one employee is 120 hours per year.

Keeping records of processed time 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 for the company). In case of a repeated violation, the employer will be punished already under Part 2 of Article 5.27 of the Administrative Code (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 standards. 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 artists;
• workers on an apprenticeship agreement;
• other specialists with medical restrictions or contraindications for health reasons.

But some workers can be attracted only after obtaining written consent from them for over-standard 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 disabled children;
• persons caring for close relatives, according to the relevant medical reports;
• guardians and trustees of minor children.

Note that, in addition to the consent, the employer must, by signature, acquaint these employees with the right to refuse excess work. That is, the argument "did not refuse, because I did not know that it was possible" does not work in this case.

Processing without the consent of the employee

In some situations, it is permissible to engage an employee in overtime work without his or her 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 the work heating systems, as well as systems of water supply, sewerage, gas supply, power supply, communication facilities.
3. For the performance 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, hunger).

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, the payment is calculated in 1.5 times, for the rest of the time - in double. An organization may charge higher remuneration for overtime work. But below the number established by the Labor Code of the Russian Federation, payments cannot be established. Specific rules for remuneration of overtime work are approved by the LNA:

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

The calculation procedure depends on the wage system established in the organization.

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

Calculation of overtime pay for salary

If an employee is paid based on a monthly salary, the question arises: how to determine the hourly rate. After all, it is from it that the surcharge for overtime work is calculated. The Labor Code of the Russian Federation does not contain explanations on this matter. The supervisory authorities 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.

Bukashka Alexander has a monthly salary of 30,000 rubles. He works on a five-day work week with an 8-hour work day. On 20.03.2019, he was recruited after the end of the working day for 3 hours. All other days worked in full in the normal working hours. Let's calculate the salary.

Step 1. Since all days have been worked out in a 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 work week, the number of working hours for 2019 is 1970.

Step 3. For overtime work on 03/20/2019, the first two hours are paid in one and a half amount.

And for the third hour of overtime, you must pay double the hourly rate.

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

Overtime in Accumulated Time Tracking: Pay Calculation

The summarized accounting of working hours is established if it is impossible in the organization to ensure the normal daily duration of the employee's working time (). Its essence lies in the fact that the normal number of working hours is established for a longer accounting period:

• month;
• quarter;

Within the accounting period, working hours can be distributed in such a way as to ensure the required production schedule of the enterprise. This form of work is used for rotational, shift or seasonal work schedule.

The peculiarity of payment for overtime work with the summarized accounting of working time 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 wage rate. And the overtime surcharge will be paid in full if the working hours turn out to be overtime.

Example

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

Pay for hours worked based on a single rate.

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

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

Overtime work in case of shift work

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

Overtime pay will depend on the form of remuneration chosen. 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 the employee's shift, then payment is made according to the rules of article 152 of the Labor Code: 1.5 times the amount for the first two hours and double for the following. Even if the shift was on Saturday or Sunday, but not on a holiday.

If overtime work was on a holiday (even if it is a scheduled shift), then it is paid twice 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 (valid as of 01.04.2019)

Overtime work is paid for the first two hours of work not less than one and a half amount, for the next hours - not less than double. The specific amount of overtime pay may be determined by a collective agreement, local regulation, or an employment contract. At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime.

Work performed in excess of the norm of working time 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 payable in an increased amount in accordance with Part 1 of Article 152.

In accordance with Art. 97 of the Labor Code of the Russian Federation, the employer has the right to attract an employee to work outside the duration of his working time for overtime work.

In the article offered to your attention, the concept of overtime work is revealed, guarantees and compensations that are provided to an employee when hired outside the working hours, as well as the procedure for processing documents when attracting an employee to overtime work, are considered.

DEFINITION OF SUPER-TIME WORK

Overtime is work performed on the initiative of the employer in excess of the standard of working time established for the employee during the working day (shift) or for the accounting period, and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

For workers with shorter working hours, work outside of working hours is also considered overtime.

It is important to note that the normal working time is 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Reduced working hours are established for certain categories of workers.

These include:

· Employees under the age of 18 (Article 92 of the Labor Code of the Russian Federation);

· Employees who are disabled of the I or II group (Art. 92 of the Labor Code of the Russian Federation);

Workers employed in work with harmful and (or) hazardous working conditions (Article 92 of the Labor Code of the Russian Federation, decree of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions dated 10.25.1974 No. 298 / P-22 "On approval of the List of industries, shops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day ");

· Women working in the Far North (Article 320 of the Labor Code of the Russian Federation);

· Teachers (article 333 of the Labor Code of the Russian Federation);

· Medical workers (article 350 of the Labor Code of the Russian Federation).

Thus, for these categories of workers, overtime work will be considered work in excess of the shortened working time (daily work, shift) established for them (Article 94 of the Labor Code of the Russian Federation).

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

1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (completed) during the working time established for the employee, if non-performance (non-completion) of this work may entail 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 performance of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the termination of work for a significant number of employees;

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

The employee, as a general rule, has the right to refuse from overtime work, which must notify the employer in writing. An employee's refusal to perform overtime work cannot be equated with a violation of labor discipline. However, in the cases listed in Part 3 of Art. 99 of the Labor Code of the Russian Federation, this rule does not apply, that is, the employee's consent to overtime work not required... Such cases include:

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

2) the performance of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems;

3) 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases that pose the life or normal living conditions of the entire population or part of it are at risk.

Labor legislation establishes restrictions on the recruitment of overtime work for certain categories of workers, as well as its duration.

Can't be attracted overtime work:

· Pregnant women (part 5 of article 99 and part 1 of article 259 of the Labor Code of the Russian Federation);

· Workers under the age of 18 (part 5 of article 99 of the Labor Code of the Russian Federation). The exception is minor athletes (part 3 of Art. 348.8 of the Labor Code of the Russian Federation), as well as creative workers of the media, cinematography organizations, television and video filming teams, theaters, theater and concert organizations, circuses and other persons participating in the creation and (or ) performance (exhibiting) of works (Article 268 of the Labor Code of the Russian Federation), the list of professions and positions of which was approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

WITH written consent and in the absence of a prohibition to work overtime for health reasons, in accordance with a medical certificate, it is allowed to engage in overtime work:

· Disabled people (part 5 of article 99 of the Labor Code of the Russian Federation);

· Women with children under the age of three (part 5 of article 99 and part 2 of article 259 of the Labor Code of the Russian Federation);

· Mothers and fathers raising children under the age of five without a spouse (spouse 2 and 3, article 259 of the Labor Code of the Russian Federation);

· Workers with disabled children (parts 2 and 3 of article 259 of the Labor Code of the Russian Federation);

· Workers caring for sick family members (parts 2 and 3 of article 259 of the Labor Code of the Russian Federation).

If an employee is delayed on his own initiative, according to Rostrud's letter dated 18.03.2008 No. 6586-0, such work is not considered overtime.

Moreover, irregular working hours also does not amount to overtime work.

Irregular working hours are a special mode of work that gives the employer the right to occasionally involve an employee in performing labor functions outside the established working hours (Article 101 of the Labor Code of the Russian Federation).

The condition on the regime of irregular working hours must be enshrined in the employment contract (part 2 of article 57 of the Labor Code of the Russian Federation). Hence, by signing labor contract with the condition of irregular working hours, the employee agrees to work in such a mode.

Work performed on irregular working hours is not subject to additional payment.

Instead, such workers are granted an additional annual paid leave of at least three calendar days(part 1 of article 119 of the Labor Code of the Russian Federation).

Work on civil contracts(for example, assignments, paid services, contracts, etc.) carried out in their free time from work, as well as work under an employment contract on part-time(both external and internal) does not apply to overtime.

Consent to work overtime cannot be recorded in an employment contract; a separate consent of the employee must be obtained for each specific case of overtime work.

DURATION AND PAYMENT FOR OVER-TIME WORK

Article 99 of the Labor Code of the Russian Federation provides the maximum number of hours allowed for employees overtime work per year and for two consecutive days. Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

Sectoral agreements, collective agreements, regulations on working hours and rest hours for certain categories of workers may also establish a maximum monthly number of hours of overtime work. This applies, for example, to employees railway transport, subway, certain categories of drivers, forestry workers, etc. In these cases, the rules of special legal acts apply.

For example, for car drivers, with the summarized accounting of working hours, work during the working day (shift) should not exceed 12 hours. cars (approved by order of the Ministry of Transport of Russia dated 20.08.2004 No. 15)). However, a 12-hour day can be set by the driver's schedule, in which case there will be no overtime.

It is the employer's responsibility to keep accurate records of each employee's overtime.

The Labor Code of the Russian Federation provides for a special payment order overtime work.

By the way, previously overtime was considered to be work in excess of the normal working hours. There are a sufficient number of categories of workers who worked on reduced working hours and for whom the concept of overtime did not exist, for example, all medical, teaching staff... They were not entitled to be involved in overtime work and, accordingly, to pay for it. According to the current edition of the Labor Code of the Russian Federation, these categories of workers can now work overtime.

In Art. 152 of the Labor Code of the Russian Federation regulates the issue of remuneration of workers involved in overtime work in accordance with the established procedure. Applying the established rules, it should be noted that at present:

1) there are no differences in the remuneration of employees involved in overtime work, depending on whether the employee works piece-work or on the basis of a time-based pay system;

2) the specific amount of wages for overtime work can be determined in an employment contract or in a collective agreement, but not lower than those established by Art. 152 of the Labor Code of the Russian Federation, which determines the minimum wage for overtime work. In this case, overtime work must be paid in an increased amount, regardless of whether the employer has followed the procedure for engaging in overtime work.

So, if during the court session it is established that the involvement in overtime work was not formalized in writing, but there was an oral order from one of the managers, the work should also be considered overtime. Evidence of the employee performing overtime work, in addition to the explanations of himself and the witnesses, may be, for example, the waybills of a passenger car, in which the employer's officials certified the facts of the employee performing overtime work, and not only by the time the car was returned to the garage, but also by the time departure and return on specific routes after the end of the working day.

According to the conclusion of Rostrud (letter of 23.06.2005 No. 956-6-1), if the employer violates the procedure for engaging in overtime work (for example, exceeding the maximum permissible number of hours of overtime work per year), this should not affect the implementation of the employee's right to remuneration for overtime work.

In all cases, for the first 2 hours of overtime work (as a general rule - per day, and in the case of summarized accounting - for the accounting period), the employee's labor is paid at least in one and a half size, and for the next hours - not less than double size. In other words, you cannot pay less than the limits established in Art. 152 of the Labor Code of the Russian Federation, but you can pay more.

Working conditions that worsen the position of the employee in comparison with the legislation are recognized as invalid. They are considered as such both in those cases when they are established by agreement of the parties to the employment contract or provided for by a collective agreement, and in those cases when they are established by local regulations. At the same time, pay clauses, labor agreements and collective agreements may impose, for example, higher remuneration for overtime work.

The Labor Code of the Russian Federation allows not only increased pay for overtime hours, but also, as an alternative, the provision at the request of the employee rest time for overtime work - no less than the number of hours worked by the employee overtime.

The employee's desire to receive this type of compensation for overtime work must be expressed by him in writing, while the employer does not have the right to refuse the employee and is obliged to provide him with additional rest time. The time of use of this type of compensation must be agreed by the parties.

Article 152 of the Labor Code of the Russian Federation does not establish the maximum duration of additional rest time, limiting only its minimum limit: not less than the time worked overtime. The specific duration of the specified time can be established in a collective agreement, in an individual labor agreement or in a local regulatory act of the employer.

Since Art. 99 of the Labor Code of the Russian Federation connects the involvement of an employee in overtime work with his written consent, it is advisable to determine the type of compensation in it, as well as the time for using additional rest time when the employee chooses this type of compensation.

DOCUMENTAL REGISTRATION OF ATTRACTING AN EMPLOYEE TO SUPER-TIME WORKS

When involved in overtime work, each such case must be processed separately.

As already noted, inclusion in collective agreement, local regulation, employment contract provisions containing the consent of the employee to perform overtime work, for example: “ By order of the employer, the employee (s) agree to work overtime».

Initially follows fix a fact, which is the basis for attracting overtime work.

The most common case is the absence of a shift to work, which does not allow for a break. Failure to appear (or other reason for engaging in overtime work) should be notified to the head of the enterprise or otherwise executive, which is empowered to make decisions on attracting employees to overtime work. For this, the head of the department compiles memo... It describes the incident and justifies the need to involve workers in overtime work.

The job description or order can secure the right of the immediate supervisor to notify employees of the need to carry out overtime work. In the absence of such powers, the memo is sent to the head of the enterprise.

To notify an employee involved in overtime work and obtain his consent on a memo (before sending it to the supervisor), you should obtain consent visa employee.

As already noted, in almost all cases, with the exception of those listed in Part 3 of Art. 99 of the Labor Code of the Russian Federation, it is necessary to obtain the consent of the employee to engage him in overtime work. At the same time, employees of privileged categories should be notified in writing of their right to refuse to perform overtime work. This information can be included in the text of a memo or an employee notification to work overtime.

If the employee has refused, then it is impossible to involve him in overtime work. Moreover, for this, it cannot be applied to him. disciplinary action under Art. 192 of the Labor Code of the Russian Federation. An exception is made in cases where the consent of the employee to engage him in overtime work is not required.

Overtime in timesheet marked with the letter code "C" or the digital code "04", under which the time spent by the employee on overtime is stamped. For employees who keep a regular (daily) record of working hours, on days when they did overtime, it is recommended to take into account the normal and overtime working hours in two lines of the timesheet. For employees who have a cumulative record of working hours, overtime hours are recorded in the timesheet at the end of the accounting period.

O. O. Sherstneva,
legal counsel for civil matters