Maximum overtime. Overtime work - accounting, procedure for payment, compensation and involvement in overtime work. Who should not be required to work overtime

The Labor Code regulates overtime work, the procedure for its accounting and payment. For hours worked in excess of the norm in the reporting period, remuneration is made at an increased rate. An alternative option is to give the employee time off. It is necessary to focus on daily processing, and in case of summarized accounting - on the result of working out for a month or another accounting period.

How to arrange processing

Working time standards are approved by the Labor Code in Art. 91. Normal working time is 40 hours per week (in some cases 36 hours). Payment for overtime work according to the Labor Code of the Russian Federation in 2018 is made within 120 hours a year. Exceeding this indicator is considered an offense. Over a two-day interval, processing cannot be more than 4 hours. For part-time workers, overtime is calculated daily.

To involve an employee in work after the end of the shift, the company's management must obtain the written consent of the employee. Overtime work is paid on the basis of the order. Consent and order are issued in any form. Employees under the age of 18 may not be recruited to work beyond the normal length of time. The ban also applies to pregnant women.

Overtime pay rules

Legislation stipulates the minimum coefficients used to calculate compensation for excess work. The employer has the right to increase them. For this, new tariffs are approved by an internal act. When calculating the amount of processing, it is necessary to focus on the provisions of Art. 152 of the Labor Code of the Russian Federation - payment for overtime work for the first 2 hours is carried out using a coefficient of 1.5, for each subsequent hour a coefficient of 2 is used.

If overtime falls on a weekend or holiday, different rules apply. These days are excluded from the overtime calculation period. They are remunerated as work on holidays, regardless of the total number of hours worked that day. Overtime pay is always paid excluding public holidays and public holidays.

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Calculation algorithm in practice

An example for the case of summarized accounting of hours worked.

Initial data:

the employee has a standard working time of 40 hours in 5 days;
hourly payment is applied, the tariff rate is 431 rubles;
in the period from April 16 to April 22, 2018, the excess of the working hours was recorded on Friday - instead of 8 hours, the employee spent 12 hours at the workplace.

To calculate, the accountant needs to know how overtime is paid according to the Labor Code, what rules are approved by the local act of the enterprise. If the standard size of the coefficients is applied, then the salary for April will be calculated according to the following scheme:

The final indicators of processing are displayed. To do this, the actual time worked according to the time sheet is compared with the norm for a particular month. According to the production calendar, the April standard is 167 hours. The timesheet shows 171 hours. Payment for overtime work according to the Labor Code of the Russian Federation will be calculated for 4 hours (171 - 167).
The calculation of the cost of the first two hours of processing gave a result of 1293 rubles. (2*431*1.5).
The cost of the remaining excess hours is 1724 rubles. ((4-2)*431*2).
Time worked within the norm will be paid in the amount of 71,977 rubles. (167*431).
The salary and overtime payment in April 2018 according to the statement will be the total amount of 74,994 rubles. (1293+1724+71977).

An example of calculating processing time with holidays present in the calculated interval.

The billing period is June 2018. The employee was involved in work on June 9 (at 10 o'clock), June 12 (at 6 o'clock) and June 13 - at 10 o'clock. The norm for June 9 is 7 hours (pre-holiday working day), June 12 is a holiday, June 13, the standard working time should be at the level of 8 hours. How is overtime paid?

processing for June 9 is equal to 3 hours (10-7);
for June 12, a double tariff will be applied, as for a holiday, this day is excluded from the calculation of excess time;
processing on June 13 was 2 hours (10-8);
5 hours (3+2) are payable as overtime;
at a coefficient of 1.5, earnings for 2 hours will be calculated, at a coefficient of 2 - 3 hours.

New edition Art. 99 Labor Code of the Russian Federation

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:

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

Commentary on Article 99 of the Labor Code of the Russian Federation

Overtime work is 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.

In case of daily accounting of working time, work in excess of the established length of the working day is considered overtime.

In the aggregate accounting, overtime will be considered work in excess of the established duration of the work shift.

Usually, an order is issued on the production of overtime work, which specifies the reasons why they are necessary, the categories of workers involved in the work. However, if such an order is not issued, but there was an oral order from one of the representatives of the administration, then the work is recognized as overtime.

Overtime work is recognized in practice even when it was carried out not only with the knowledge of the employer, but also with the immediate supervisor of the work (foreman, site manager, etc.). However, in all cases, involvement in overtime work is possible only with the written consent of the employee.

Work is recognized as overtime, regardless of whether it was included in the scope of the employee's duties or not.

It is not overtime work, in which the actual duration of daily work on certain days may not coincide with the duration of the shift according to the schedule.

Overtime work in excess of the established working hours is not recognized when working out the norm of hours with a flexible work schedule, which will be discussed in the section on working hours.

Work in excess of the stipulated length of the working day of employees with irregular working hours, if it is compensated by additional leave for more than 28 calendar days, is not considered overtime.

Overtime work during unpaid leave hours is not considered, as well as work performed in combination (in excess of the established working hours), work performed by the employee in excess of the time stipulated by the employment contract, but within the established duration of the working day (shift), working part-time (Resolution of the Plenum of the Supreme Court of November 24, 1978 N 10 "On the application by the courts of legislation regulating the remuneration of workers and employees").

Does not apply to overtime and work in the order of combining professions (positions) (Article 151 of the Labor Code of the Russian Federation).

Work under civil law contracts (for example, assignments, paid services, contracts, etc.), carried out in free time, does not apply to overtime.

Involvement in overtime work is carried out by the employer with the written consent of the employee and does not require permission from the representative body of employees in the following cases established by Article 99 of the Labor Code of the Russian Federation:

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

3) to continue work in the absence of a replacement employee, 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 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) when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;

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, employees under the age of eighteen, other categories of employees 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.

These guarantees are also extended to employees with disabled children under the age of 18; workers caring for sick members of their families in accordance with a medical report (part 2 of article 259 of the Labor Code of the Russian Federation); fathers raising children of the appropriate age without a mother, and guardians (custodians) of minors (Article 264 of the Labor Code of the Russian Federation).

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.

In other cases, in addition to those specified in Article 99 of the Labor Code of the Russian Federation, involvement in overtime work is allowed in addition to the written consent of the employee, taking into account the opinion of the representative body of employees. That is, the Labor Code of the Russian Federation establishes a double guarantee against the unreasonable involvement of employees in overtime work.

With regard to a certain category of workers, a direct ban on involvement in overtime work has been established.

Very often, overtime work is confused with the so-called "irregular working day". The latter is a condition of an employment contract concluded with certain categories of workers (usually managers, specialists) and consisting in the fact that on certain days, if necessary, these workers can be involved in work in excess of the length of the working day (shift).

For each individual employee (and not on average for all persons involved in overtime work, not for the organization as a whole), overtime work cannot last more than 120 hours per year and 4 hours for two consecutive days.

In some cases, separate regulations allow higher limits on overtime work. This applies, for example, to employees of railway transport, the subway, certain categories of drivers, forestry workers, etc. In these cases, the rules of special legal acts apply.

So, for example, in paragraph 5 of the Regulations on the peculiarities of the working hours and rest time of communications workers with a special nature of work dated September 8, 2003 N 112, it is indicated that the use of overtime work is allowed in cases provided for in Article 99 of the Labor Code of the Russian Federation, as well as in the following exceptional cases:

1) in the production of urgent work to eliminate accidents on communication lines and station equipment;

2) when performing work on the transportation and delivery of mail and periodicals in cases of delay in railway, air, sea, river and road transport or untimely submission of periodicals by publishing houses;

3) when processing increased telephone, telegraph and postal exchanges on the eve of holidays;

4) when processing orders for periodicals during the subscription campaign;

5) in case of unscheduled delivery of pensions.

Involvement in overtime work in these exceptional cases is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.

The Labor Code of the Russian Federation provides for a special procedure for paying overtime. Article 152 of the Labor Code of the Russian Federation regulates the issue of remuneration for workers involved in the established manner for overtime work. Applying the rules of Article 152 of the Labor Code of the Russian Federation, it should be noted that at present:

1) the differences in remuneration of employees involved in overtime work have been eliminated, depending on whether the employee works on the basis of a time-based wage system or works by piece;

2) specific amounts of remuneration for overtime work may be determined in a collective agreement or in an employment contract.

In all cases, for the first 2 hours of overtime work, the employee's work is now paid at least one and a half times, and for the next hours - at least twice the amount. In other words, the rigidly set centralized upper limits of additional pay for overtime work have been abolished. You cannot pay less than the limits established in Article 152 of the Labor Code of the Russian Federation, but you can pay more.

In addition, now it is allowed not only to provide time off for overtime work, but also to add days off to annual leave, release the employee from work on other days for the number of hours for which the employee was involved in overtime work.

Another commentary on Art. 99 of the Labor Code of the Russian Federation

1. Part 1 of Art. 99 defines overtime work. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for him. The established length of working time in this case means the length of working time established for this employee in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, an employment contract (Article 97 of the Labor Code RF).

With the summarized accounting of working hours (see Article 104 of the Labor Code of the Russian Federation and commentary thereto), overtime is considered to be work in excess of the normal number of working hours for the accounting period.

2. Only work performed at the initiative of the employer may be considered overtime work. Work outside the working hours established for the employee, performed not at the initiative of the employer and without his knowledge, cannot be considered as overtime work.

3. Since the use of overtime work leads to the excess of the norm of working time, the legislation establishes legal guarantees that ensure its limitation. These guarantees are:

a) establishment of lists of circumstances under which, in order to involve an employee in overtime work:

his consent is not required;

the written consent of the employee is required;

b) the introduction of a complicated procedure for engaging in overtime work in other cases;

c) limiting the duration of overtime work for one employee;

d) establishment of a circle of persons who cannot be involved in overtime work.

4. The list of circumstances that give the employer the right to involve employees in overtime work without their written consent is given in Part 3 of Art. 99 of the Labor Code of the Russian Federation. This refers to emergency circumstances that endanger the life or normal living conditions of the population or part of it, the performance of work necessary to prevent disasters, industrial accidents, eliminate the consequences of catastrophes, accidents and natural disasters, the performance of socially necessary work to eliminate violations of life support systems.

5. Part 2 of Art. 99 lists the cases when the involvement of employees in overtime work is allowed only with their consent. Such cases include the need to complete the work that has been started, if its failure to do so may lead to serious consequences, the performance of temporary work on the repair and restoration of mechanisms or structures, the failure of which may cause a significant number of employees to stop working, as well as the continuation of work if the replacement employee does not appear, if the work does not allow a break.

6. Finally, part 4 of Art. 99 provides for the possibility of involving employees in overtime work in other cases in addition to the emergency and unforeseen circumstances listed in the article. The absence in the Code of specifying the concept of "other cases" allows the employer to raise the issue of applying overtime work in case of any complications in the activities of the organization, individual entrepreneur. As an additional guarantee of limiting overtime work in the absence of emergency or unforeseen circumstances under Parts 2 and 3 of Art. 99 of the Labor Code, along with obtaining the written consent of the employee, there is also a requirement to take into account the opinion of the elected body of the primary trade union organization.

The decision of the employer to apply overtime work is not a local normative act, and the Labor Code of the Russian Federation does not establish a procedure for taking into account the opinion of the elected body of the primary trade union organization for such cases (see Article 371 of the Labor Code of the Russian Federation and commentary thereto). The requirement to take into account the opinion of the elected body of the primary trade union organization may in this case be considered fulfilled if the employer has notified this body in advance of the need to apply overtime, the grounds for which such a need arose, and the volume (duration) of overtime work; when making a final decision, the employer must have the opinion of the trade union body. Taking into account the opinion of the elected body of the primary trade union organization does not mean that the employer must agree with this opinion.

If the elected body of the primary trade union organization and the employer consider it necessary to regulate the procedure for taking into account the opinion of the trade union body in cases where such a procedure is not defined by the Labor Code, they can do this in a collective agreement.

7. Persons who cannot be involved in overtime work include pregnant women, employees under the age of 18, other categories of employees in accordance with the Labor Code and other federal laws.

8. With regard to women with children under the age of three, as well as disabled people, the Labor Code, allowing in principle to involve them in overtime work, established a special procedure for engaging them in such work: in addition to obtaining the written consent of the employee, the employer must familiarize him in writing with the right to refuse overtime work (part 5 of article 99 of the Labor Code of the Russian Federation). The same procedure for engaging in overtime work is established for mothers and fathers raising children under the age of five without a spouse, employees with disabled children, and employees caring for sick members of their families in accordance with a medical report, as well as for fathers raising children without a mother, guardians (custodians) of minors (see art. art. 259, 264 of the Labor Code of the Russian Federation).

9. The requirements of the law on obtaining the written consent of the employee to involve him in overtime work and on familiarizing the employee in writing with the right to refuse overtime work must be fulfilled by the employer every time when there is a need to involve employees of the relevant categories in such work.

10. By prohibiting the involvement of underage workers in overtime work, the Labor Code established an exception to this general rule: creative workers and professional athletes under the age of 18 whose professions are indicated in the lists 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, may be allowed to work overtime (see article 268 of the Labor Code of the Russian Federation and commentary thereto).

11. Established part 6 of Art. 99 of the Labor Code of the Russian Federation, the maximum limits for the duration of overtime work: four hours for two consecutive days and 120 hours per year - cannot be exceeded.

12. Non-compliance by the employer with the obligation to keep accurate records of overtime work performed by each employee is a violation of labor legislation and should entail the responsibility of the employer, but cannot lead to infringement of the rights of the employee. The employee has the right to demand payment for overtime work even if they are incorrectly executed or not taken into account.

13. Overtime work is paid for the first two hours of work at least one and a half times, and for the following hours - at least twice. Specific amounts of payment may be determined by a collective agreement or an employment contract. At the request of the employee, instead of increased pay, overtime work can be compensated by providing additional rest time, but not less than the time worked overtime (see Article 152 of the Labor Code of the Russian Federation and commentary thereto).

According to the Labor Code of the Russian Federation, overtime work is such employment that is carried out outside the normal working hours. Since earnings for processing are accrued at an increased rate, many employees are willing to work extra. But what is the legal maximum overtime? Are there time limits, and if so, what are they? Let's take a closer look at this issue.

According to stat. 99 overtime work according to the Labor Code of the Russian Federation is carried out by personnel at the initiative of the employer. In some situations, such employment requires the consent of the employee, and in others it does not. Overtime must not exceed 4 hours. for two consecutive days separately for each specialist. Accounting is carried out in time sheets according to a standard form.

What is the limit for overtime during the year? On this account in stat. 99 there are separate clarifications. The maximum duration of overtime work should not exceed 120 hours per year. This requirement is mandatory for all employers. The registration form of the business and the sectoral scope of activity do not matter.

What kind of work is considered overtime

Not all types of employment are recognized as processing. To understand the difference between irregular hours and overtime, you first need to know the definition of normal working hours. In accordance with stat. 91 of the Labor Code is the period of performance by an individual of his official duties established by labor conditions.

In view of the foregoing, the main difference between overtime work and irregular working hours is the employment of the employee outside the time of employment indicated in the TD (employment contract). In addition, an employee can be involved in overtime only if there are circumstances according to stat. 99, at the initiative of the employer. If at the end of the working day the employee remains in the organization, we are talking about processing. And a special NSD regime (non-standardized working day) can be introduced on the basis of the list of positions with NSD and when such conditions are indicated in the TD.

Note! There are no restrictions on the processing limit at NSD. But such a regime can be introduced only on occasional conditions and if there is a production need (Stat. 101 of the Labor Code).

Overtime work and its restrictions by categories of personnel

Despite the fact that the involvement of an employee in overtime work is allowed at the request of the employer company, not all categories of employees are allowed to operate in an increased mode. Some specialists can be involved only with the consent (must be in writing); some without such consent; and it is forbidden to force someone to work even in a situation where the employee himself does not object to overtime.

Overtime work with the consent of the staff is allowed for:

Completion of previously started work, delayed due to technical conditions of production, and affecting the death or damage to the property of the employer, SUE or MUP. This rule applies to property objects of third parties transferred for temporary storage to the employer.
Carrying out repair and / or restoration work of structures / mechanisms, the shutdown of which may affect the employment of a larger number of the employer's personnel.
Continuous performance of work in the absence of a shift worker. At the same time, the employer company is obliged to take immediate measures to ensure the replacement of the non-appearing shift with another employee.

Involvement in overtime work according to the Labor Code of the Russian Federation without the consent of the employee is allowed in the following cases:

Carrying out types of work due to the need to eliminate or prevent various industrial accidents, catastrophes, natural disasters.
Carrying out public works caused by the need to eliminate the consequences of a violation of the normal functioning of the central systems of hot water supply, cold water supply, water disposal, heat and gas supply, communications, transport and electricity supply.
To carry out work caused by emergency, including martial law and natural disasters. Such employment is due to the need to prevent the threat to the normal life of people, as well as to preserve their health.

Note! In other situations, the involvement of employees in overtime is possible only with their consent (in writing) and taking into account the opinion of the trade union committee.

It is forbidden to involve specialists under the age of 18 in processing, as well as pregnant workers. And disabled people, women with young children under the age of 3 years can be issued for overtime only with their consent and provided that there are no medical contraindications. In addition, the employer is obliged to inform such persons in advance of the right to refuse overtime - the notification is brought to the attention of employees against personal signature.

Overtime work with summarized accounting of working hours

We found out what the duration of overtime work for each employee is no more than 4 hours for the next two days and 120 hours. in a year. And if time is recorded in a summarized way, how is the duration of overtime determined in this case? For example, an employee works as a driver in shifts. The beginning and end of the working day is provided for in the TD and is set from 8.00 to 20.00. for a shift.

When calculating the busy time in a summarized way, the calculations are performed for a given period - a quarter, a month, or a year. In this case, the maximum duration of overtime work of drivers should not exceed the norm. The indicators are approved at the level of federal legislation and depend on the position of the employee. In accordance with the Order of the Ministry of Transport of Russia No. 15 dated August 20, 2004, the maximum duration of a driver shift is 12 hours. (item 10). But this rule applies to certain types of transportation - intercity, regular suburban and urban, for medical institutions, etc. (p. 10-12). In normal cases, the duration is 10 hours. (item 9).

The main feature of overtime with the summarized method of accounting for employment is the calculation of earnings. The calculation of the processing time and, accordingly, the exact amount of salary, is performed only at the end of the period. If, for example, a quarter is set as the reporting period, you need to calculate remuneration for overtime employment based on the results of the quarter. Therefore, it is more profitable for an employee to have a month as a period, then the employer will calculate and pay the staff a salary for processing on a monthly basis.

Note! In accordance with Part 3 of Art. 152 if an employee worked on holidays or weekends, such employment is paid according to the norms of stat. 153, that is, according to the rules for calculating earnings for weekends / holidays. Overtime does not include this time.

How is overtime compensated?

How should overtime work be compensated? Are overtime pays higher? And can overtime work be compensated by additional rest? The answer is given in stat. 152 TK. It says here that the first two hours of overtime must be paid at least 1.5 times more than usual; and all subsequent - twice. Each employer has the right to independently provide for a higher salary for overtime by entering specific amounts in the LNA. It is not allowed to accrue earnings in a smaller amount.

Can an employee take a day off in lieu of monetary compensation? This possibility is provided for in Art. 152. In order to exercise the legal right to additional rest, an individual must write a free-form application addressed to the management with a request for time off. The duration of such rest should not be less than the processing time. If a specialist decides to use time off, he will not be able to earn more than usual. Or increased compensation, or time off - according to the law, one thing is provided.

Personnel procedure for engaging in overtime work

Due to the fact that the Labor Code of the Russian Federation in many cases prescribes to have the employee’s consent to overtime, the first thing that is drawn up for such employment is a written consent document for unscheduled work. The form is signed by the individual personally. The second mandatory document is the order of the employer's management on the need for overtime processing, where it is necessary to justify the expediency of such employment.

To accurately record the time actually worked out by the staff, time sheets are kept, where it is noted separately for each employee how many hours he worked. All designated documents can be drawn up in any form, indicating the required data and details. You can also use ready-made unified forms.

Note! If the employee is disabled or has children under 3 years of age, a notice of the right to refuse to go to overtime is also drawn up for such a person. The document is brought to the attention of the specialist under his personal signature. This will help the employer to protect themselves in the event of labor conflicts.

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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 applying overtime: 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 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. The main compensation for working overtime is additional pay. By agreement with the employer, the employee may also be granted another day of rest.

Women with children aged 3 to 14 years, 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 method consists in the legislative limitation of the duration of working hours, the direct one in the legislative fixing 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 - days off. (can be used to compensate for shortfalls up to a weekly rate) Compensation for working 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 Public holidays. They are planned in advance in the work schedule and are included in the monthly norm of working time.

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Who conducts a special assessment of working conditions?

A special assessment of working conditions is carried out by an organization whose main activity is a special assessment of working conditions (the presence of this type of activity in the Charter). The organization must have at least 5 experts working under an employment contract and having an expert certificate. An organization as a structural unit must have an accredited laboratory for measuring and researching harmful and (or) hazardous production factors (for example, our organization has the right to conduct a special assessment of working conditions).

Good afternoon, can I find out the price for a special assessment of working conditions for one workplace?

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How are the results of a special assessment of working conditions taken into account?

The results of a special assessment of working conditions are taken into account when paying insurance premiums to the Pension Fund, in order to provide guarantees and compensations to employees, as well as in other procedures in the field of labor protection (providing employees with personal protective equipment, organizing medical examinations, assessing the level of occupational risks, investigating accidents at work). production and occupational diseases, etc.).

Is it necessary to take into account the time of actual employment in such work when assigning additional pay for work in harmful working conditions?

No, it doesn `t need. Additional payment for work in hazardous working conditions is carried out without taking into account the time the employee is employed in this work (Article 147 of the Labor Code), since the law does not contain regulatory guidelines for accounting for actual employment. The employer is obliged to pay increased wages for hazardous work in the amount of at least four percent of the salary, regardless of how many hours the employee worked in hazardous conditions. The specific size of the increase in wages is established by the employer, taking into account the opinion of the trade union. Time worked in hazardous conditions is taken into account when providing milk, additional leave and early retirement.

Is it necessary to conduct a special assessment of working conditions?

All employers are required to conduct a special assessment of working conditions at all workplaces, with the exception of workplaces of homeworkers, remote workers and employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs

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Is it possible to use the LPP10 lamp with open lamps indoors for the manufacture of PVC windows. Wooden ceiling and concrete floor.

ST 99 of the Labor Code of the Russian Federation.

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.

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

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

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;

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.

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.

Commentary on Art. 99 of the Labor Code of the Russian Federation

1. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for him. The established length of working time in this case means the length of working time established for this employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, an employment contract (Article 97 of the Labor Code of the Russian Federation ). With the summarized accounting of working hours (see Article 104 of the Labor Code of the Russian Federation and commentary thereto), overtime is considered to be work in excess of the normal number of working hours for the accounting period.

3. Since the use of overtime work leads to the excess of the norm of working time, the legislation establishes legal guarantees that ensure its limitation. These guarantees are:

a) establishment of lists of circumstances under which the written consent of the employee is required or not required to involve an employee in overtime work;

b) the introduction of a complicated procedure for engaging in overtime work in other cases;

c) limiting the duration of overtime work for one employee;

d) establishment of a circle of persons who cannot be involved in overtime work.

4. Part 2 of the commented article lists the cases when the involvement of employees in overtime work is allowed only with their consent. These cases include situations that can cause a significant number of employees to stop working.

5. The list of circumstances that give the employer the right to involve employees in overtime work without their written consent is given in part 3 of the commented article. These include emergency circumstances that endanger the life or normal living conditions of the population or part of it.

6. Part 4 of the commented article provides for the possibility of involving employees in overtime work in other cases in addition to the emergency and unforeseen circumstances listed in the commented article. The absence in the Labor Code of the Russian Federation of specifying the concept of "other cases" allows the employer to raise the question of the application of overtime work in case of any complications in the activities of an organization, an individual entrepreneur. As an additional guarantee of limiting overtime work in the absence of emergency or unforeseen circumstances provided for in parts 2 and 3 of the commented article, along with obtaining the written consent of the employee, there is also a requirement to take into account the opinion of the elected body of the primary trade union organization.

The decision of the employer to apply overtime work is not a local normative act, and the Labor Code of the Russian Federation does not establish a procedure for taking into account the opinion of the elected body of the primary trade union organization for such cases (see Article 371 of the Labor Code of the Russian Federation and commentary thereto). The requirement to take into account the opinion of the elected body of the primary trade union organization in this case can be considered fulfilled if the employer has notified this body in advance of the need to apply overtime, the grounds on which such a need arose, and the volume (duration) of overtime work; when making a final decision, the employer must have the opinion of the trade union body. Taking into account the opinion of the elected body of the primary trade union organization does not mean that the employer must agree with it.

7. Persons who cannot be involved in overtime work include pregnant women, employees under the age of 18, other categories of employees in accordance with the Labor Code of the Russian Federation and other federal laws (for example, employees with whom a student agreement has been concluded (see. part 3 of article 203 of the Labor Code of the Russian Federation and commentary to it)).

8. With regard to women with children under the age of three, as well as disabled people, the Labor Code of the Russian Federation established a special procedure for engaging in overtime work: in addition to obtaining the written consent of the employee, the employer must inform him in writing of the right to refuse overtime work. The same procedure for engaging in overtime work is established in relation to mothers and fathers raising children under the age of five without a spouse (wife), employees with disabled children; workers caring for sick members of their families in accordance with a medical report, as well as fathers raising children without a mother; guardians (custodians) of minors (see Articles 259, 264 of the Labor Code of the Russian Federation).

10. By prohibiting the involvement of underage workers in overtime work, the Labor Code of the Russian Federation established an exception to this rule: creative workers and professional athletes under the age of 18 whose professions are indicated in the lists 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 , may be allowed to work overtime (see article 268 of the Labor Code of the Russian Federation and commentary thereto).

11. The maximum limits for the duration of overtime work established by part 6 of the commented article: 4 hours. for two consecutive days and 120 hours. per year - cannot be exceeded.

Failure by the employer to keep accurate records of overtime work performed by each employee is a violation of labor legislation and should entail the responsibility of the employer, but cannot lead to infringement of the rights of the employee. The employee has the right to demand payment for overtime work even if they are incorrectly executed or not taken into account.

Overtime work is paid at an increased rate (see Article 152 of the Labor Code of the Russian Federation and commentary to it).