How overtime is compensated according to the TK RF. Overtime work

In each firm, at least once, every employee lingered until late to complete an urgent labor activity. But you need to know that the processing activity will be paid at a different rate, it is higher than the usual mining. But many workers do not know this circumstance, which employers use.

What is the remuneration for overtime work?

Absolutely all employers are required to know that the processing period is paid differently. This is done because it is necessary to compensate a person for the loss of his personal time. It is important to know that even when the employee is independently detained in the workplace in order to complete his activity, the head must comply with the rules of the regime.

Payment for such a period of time can be determined in the contract or work schedule. If in these documents nothing is established, then payment is made according to the Labor Code.

The head has the right to decide for himself whether to establish the double value of labor for him, starting from the first hour of activity.

According to article 135 of the Labor Code of the Russian Federation, bonus payments are part of the wage, which the employer sets independently.

Overtime pay for shift work

This kind of work, as shift work, also has its own characteristics when paying. There are from two to four shifts, for them it is necessary to increase the payment. Such a schedule of activities must be specified in the contract. You can not change the schedule when it is formed.

You need to know that the period of mining should not be longer than specified in the legislation. Some categories of people cannot be involved at all in difficult working conditions. It is forbidden to put an employee on two shifts in a row. It is important to know that the law took 42 hours to rest during the week.

Then, when this condition is violated, the payment is made 1.5 times more for the first 2 hours of processing, and for the next 2 times more.

Maximum duration of overtime

Even with recycling there is a limit. It is impossible to force a person to exceed it. The duration of overtime work shall not exceed a certain number of hours. Namely, 4 hours for two shifts and 120 hours for the whole year. This is spelled out in part 6 of article 99 of the Labor Code of the Russian Federation (you can download the code from the link above). The manual independently distributes the clock.

It is important to know that this type of activity can be established in accordance with its regulatory acts.

The procedure for attracting overtime work

This order has its own characteristics. It is realistic to attract a person to this type of activity with or without his consent. Then, when written consent is needed, the worker is involved in the finalization of the case in case of technical delays, which happened unexpectedly. Also, when it is necessary to urgently restore the mechanisms that delay the work of a large number of personnel.

Another condition is the continuation of the shift when the employee does not appear, while it is impossible to stop the activity. Then the employer must urgently find a replacement.

It is unequivocally forbidden to involve women who bear a child and children under 18 in this type of activity.

Persons with disabilities or women with children up to 3 years old can be brought to work only with their written consent. In the same way they can refuse the heavy schedule.

In order to leave the employee for processing, the head issues an order. Here he must indicate the specific reason, according to the laws of Russia. Be sure to include all the details of the organization and employee. Also payment to be made.

Attraction to overtime work

It is not always necessary to confirm the employee for such activities.

It can be attracted to such a work schedule:

• When to continue to work in order to avoid a serious phenomenon that could cause irreversible consequences for the population;
• Another condition is the restoration of important life support systems;
• It is also necessary to continue work in the event of a special period declared by the military organization.

Involvement by an employer of an employee to overtime work without his consent is permitted only with the indicated factors. In another embodiment, all activities should be decided through the consent of the person.

Article 152 of the Labor Code of the Russian Federation overtime work

Overtime work  paid for the first two hours of work not less than half the size, for the next hours - not less than double the amount. Specific overtime pay may be determined collective agreementlocal regulation or employment contract. At the request of the employee overtime work instead of increased payment  can be compensated by the provision of additional rest time, but not less than the time worked overtime.

Part two is no longer valid.

Commentary to article 152 of the Labor Code of the Russian Federation

1. Overtime work - work performed by an employee at the initiative of the employer outside the prescribed working hours, daily work (shift), and work above the normal number of working hours during the reference period.

Overtime increases working hours and adversely affects health. Permanent overtime has a negative impact on labor discipline, the authority of the organization, leading to staff turnover. Overtime is paid at an increased rate in order to reimburse the employee for increased labor costs during labor.

2. Overtime work may be compensated by the employer by providing additional rest time, but not less than the time worked overtime. Such replacement is possible only with the consent of the employee. Unilaterally, the employer may not decide on the replacement.

3. If, in violation of the norms of the Labor Code, the worker worked 5 hours overtime on day 1, then the payment is made in accordance with art. 152 TC: the first 2 hours - not less than half the size, and the next 3 hours - not less than double the size.

Overtime work  - is the work of the employee at the initiative of the administration of the organization outside the established working hours for him:

• over daily work (shift) (with daily working time accounting);
• in excess of the normal number of working hours for the reference period (with a summary of working time).

Rostrud reminds: overtime work must be paid !!!

According to surveys of Rostrud, more than a third of workers are constantly detained at work. At the same time, more than half of processing employees do not receive any compensation for overtime work. Do not forget: the obligation of the employer to pay for overtime work is stipulated by the labor legislation!

Duration limit

The duration of overtime work is limited. Recycling should not be more than four hours  for two days in a row and more 120 hours  during the year (article 99 of the Labor Code of the Russian Federation).

Ban on overtime work

Overtime work cannot be brought up according to the rules established by Articles 99, 203, 268 and part 3 of Article 348.8 Labor Code  RF:

• pregnant women;
• employees under the age of 18 (with the exception of professional athletes and artists, the list of professions and positions approved by the RF Government Decree No. 252 of April 28, 2007);
• employees during the term of the student agreement;
• employees for whom work beyond the normal duration is contraindicated in accordance with a medical report.

Employee Consent for Overtime

Some employees may be involved in overtime work, but only with their written consent and provided that such work is not contraindicated for them for medical reasons. This applies to:

• women with children under the age of three;
• single mothers (fathers) raising children under the age of five;
• persons with disabilities;
• employees with disabled children under the age of 18;
• employees who care for the sick members of their family.

At the same time, such employees must be informed in writing of their right to refuse to engage in overtime work. Such rules are established in Part 5 of Article 99 and Part 3 of Article 259 of the Labor Code of the Russian Federation.

What documents to issue employee recruitment for overtime work

To attract an employee to work overtime, you need:

• issue an order to recruit an employee for overtime work;
• familiarize the employee with his right to refuse overtime (if necessary);
• obtain written consent of the employee to engage in overtime work (if necessary);
• take into account the opinion of the trade union (if it is in the organization).

Overtime Order

Order the order to engage in overtime work in any form. The unified form of this document is not established by law. Indicate the reason for which the employee is involved in overtime. By general rule  Employing an employee to work overtime is allowed only with his written consent. The exceptions are the cases listed in part 3 of article 99 of the Labor Code of the Russian Federation. The document must contain a signature transcript (GOST R 6.30-2003). Familiarize the employee with the order under the signature

LLC Gasprom
INN 4308123459, KPP 430801009, OKPO 98756423
  full name of the organization, identification codes (TIN, KPP, OKPO)

ORDER number 21

on overwork

kirov. . . . 05.05.2017

In accordance with Articles 99 and 152 of the Labor Code of the Russian Federation I ORDER:

1. To carry out urgent repair work in workshop No. 1, bring in overtime work for 4 hours on May 19, 2017, the worker Ivanov Alexander Ignatievich.
2. To compensate the employee for overtime work by providing time off on May 20, 2017.
3. To the personnel department to acquaint A.I. Ivanova with this order under the signature.

Director ___________ A.V. Petrov

I am familiar with the order:

05/19/2017 ____________ A.I. Ivanov

Employee Consent

The Labor Code of the Russian Federation does not say how to formalize employee consent for overtime work. In particular, this can be done in one of the following ways:

• in the form of an employee statement in any form;
• in the form of an employee’s mark on the order for engaging in overtime work: “ I agree to work».

Some employees have the right to refuse to work overtime. Upon receipt of the consent of these employees, the organization must notify them in writing of this right. This is provided for by the provisions of Part 5 of Article 99 and Part 3 of the Labor Code of the Russian Federation.

How to notify an employee of the right to refuse overtime

The law does not say how and with what document to notify an employee about the right to refuse overtime work. It is only important that this be a written document (part 5 of article 99 of the Labor Code of the Russian Federation).

Some organizations have this practice. The employee writes down by hand on the order for engaging in overtime work: “I am familiar with the right to refuse overtime work”. However, within the meaning of labor legislation, it is advisable to notify an employee before issuing an order (Article 99 of the Labor Code of the Russian Federation). Therefore, issue a notice in the form of a separate document and familiarize the person with it under the signature.

In the case of rotational work, a summary record is kept (Article 300 of the Labor Code of the Russian Federation). Therefore, the time worked overtime, count on the basis of the accounting period (for example, month, quarter, half, year).

If the reference period is less than a year, calculate the duration of overtime work at the end of the last month of the reference period. Then pay and recycle employees. If you choose a year as the reference period, pay for recycling after the end of the year.

Instead of money, the employee can choose compensation in the form of providing additional rest time. Then hours of processing can accumulate over the course of a year and add up to whole days (Article 301 of the Labor Code of the Russian Federation).

An example of calculating the number of overtime hours when applying a cumulative accounting of working time. During the reference period, the employee was ill

Y.I., Trade Representative of Gasprom LLC Petrov established a summarized accounting of working time. Accounting period - quarter. 40-hour calendar working week  in the first quarter of 2016, 447 working hours, including: 120 hours in January; in February - 159 hours; in March - 168 hours.

In February, Petrov was on vacation and missed two days or 16 working hours on a work schedule. At the same time, in March, instead of 168 hours, the employee worked for 172 hours. Processing was March 24 (the first 2 hours) and March 31 (another 2 hours). Thus, in just the first quarter of 2016, the employee actually worked 435 hours.

Given the vacation time, during the reference period the employee had to work: 447 h - 16 h = 431 h.

Processing was 4 hours (435 h - 431 h). The difference in 4 hours is paid as overtime.

How to calculate the overtime surcharge

From June 29, 2017, working hours beyond the normal working hours on weekends or on non-working holidays are not paid according to the rules for overtime (as amended). The company has already increased payment for these hours at least twice according to the rules for weekends and holidays. Re-indexing processing employee is not allowed.

Previously, such a conclusion was made only by judges, and there was ambiguity in the law (decision of the Supreme Court of the Russian Federation of November 30, 2005 No. GKPI05-1341). Therefore, there were often disputes with employees. Now the amendments will save the company from the claims of employees.

The company pays for overtime work on a typical day like this:

• the first two hours of processing not less than half the size;
• subsequent hours are not less than double.

Often, employees in the evenings at home finish work that they did not have time to do during the working day. Such processing by law the company should not pay. After all, it is impossible to call her overtime.

Recall that in order to attract an employee to work overtime, the company must issue an order and obtain the consent of the employee. In addition, the employer is obliged to monitor the work, keep a record of working time and make a mark in the time sheet. If employees linger in the evenings or work at home on their own initiative, such work is not considered overtime. So, the organization has no reason to pay.

Amount of compensation, additional payments for work

Overtime pay an increased amount. At the request of the employee, instead of paying extras, he is given additional time  rest no less than the time he worked overtime ().

The legislation provides for a minimum amount of overtime pay. The first two hours of work are paid at least in one and a half times, and the next hours - at least in double. You do not need to pay as overtime  work beyond normal working hours on weekends and non-working hours holidays. This processing is paid according to the rules of the Labor Code of the Russian Federation (part 3 of article 152 of the Labor Code of the Russian Federation).