The concept of a weekly normal working time in enterprises is regulated at the federal level in the Labor Code and is equal to 40 hours (stat. 91). But in practice, situations are not uncommon when employees are involved in employment in excess of the norm for additional remuneration. How long is overtime for each employee? How is overtime work limited during the year, month? Let's take a look at the regulations.
Processing rates according to the Labor Code
Overtime work is recognized as that which is performed at the initiative of the employer outside the normal duration of work - shifts. According to stat. 99 of the Labor Code, with the exception of certain cases, the consent of an individual is required to attract overtime. And for the accuracy of calculations, it is necessary to ensure personnel records of processing hours.
At the same time, overtime work should not exceed the established limits. Whatever the reasons for overtime employment, the duration overtime should not exceed 4 hours for 2 consecutive days or 120 hours for a year (Article 99 of the Labor Code). It is not allowed to use excess labor:
- pregnant workers.
- Minors (under 18 years of age).
- Women with young children (up to 3 years old) and disabled people are allowed to be involved only with their consent, after mandatory familiarization with the right to refuse overtime employment.
Note! It is the employer's responsibility to ensure that overtime work does not exceed the maximum legal limits. Violation labor order threatens the manager with administrative responsibility under Part 1 of Art. 5.27 of the Code of Administrative Offenses.
Recycling rate per year according to the Labor Code of the Russian Federation
So, according to stat. 99 the duration of overtime work should not exceed the limits indicated above. For a year (calendar) - this is 120 hours for one employee. Legal status the employer and the scope of the business do not matter. How is it calculated maximum duration overtime per year? How to determine how many overtime hours can be worked per year for a specialist employed on a 5-day job?
Consider an example
Suppose that the accountant of the company Ivanova T.I. works 8 hours daily with 5 days employment. The employer's administration decides to involve her in overtime work. In order to comply with legal requirements, the duration of overtime work must not exceed 4 hours in 2 consecutive days.
How can you organize the labor process - the allowable duration of processing:
- Monday and Tuesday - 2 hours.
- Monday and Wednesday - 3 hours each.
- Tuesday and Friday - 4 hours each, etc.
How long is overtime not allowed?
- Monday - 2 hours, Tuesday - 3 hours.
- Tuesday and Wednesday - 3 hours each.
- Wednesday - 4 hours, Thursday - 1 hour, etc.
Days for overtime work are chosen at will, the main thing is to comply with the current stat limits. 99 TK. At the same time, the maximum number of overtime hours per year for an accountant should not exceed 120 hours. To calculate this figure, you need to know how many overtime hours you can work per month.
How many hours of overtime are allowed per month
Using the example of the previous section, it is determined that the processing limit for paired days cannot be more than 4 hours. In most enterprises, employees are involved in overtime work not constantly, but on a one-time basis. After all, if the allowable processing of hours per year is taken into account - 120, the average number of hours per month is 10. This means that specialists can stay overtime for only 2-3 hours a week. It is not in vain that labor legislation provides for such a regulation - the usual duration of work time should remain within normal limits so that a person can recover and have time to rest.
However, situations are different, and some employers are forced to leave staff overtime not from time to time, but regularly. In this case, in without fail you need to calculate the maximum number of overtime hours per year, based on the total values by months. Calculations are performed on the basis of the data of the time sheets of the form f. T-12.
Example
Suppose, continuing the example, for the accountant Ivanova T.I. overtime employment on Tuesdays and Fridays in the amount of 3 hours. But such processing is not mandatory for all months, but only for the second and fourth working weeks of the reporting periods, that is, for January, April, July and October. Let us calculate whether the requirement of stat. 99 on the limitation of annual overtime employment.
Number of processing hours for 2017 = 12 hours (January) + 12 hours (April) + 12 hours (July) + 12 hours (October) = 48 hours.
Accordingly, the norm of the Labor Code of the Russian Federation that overtime work should not exceed 120 hours per year is fulfilled in relation to employee Ivanova T.I. The company does not violate the law in the field of labor legislation. Salary is calculated in accordance with Art. 152 TK.
Conclusion - in this article we figured out that overtime work cannot exceed 120 hours per year. When calculating, it is necessary to take into account the number of working days in a month and the restriction on the maximum processing in two days - 4 hours. Time records are kept in timesheets for each employee separately.
Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work(shifts), and in case of summarized accounting of working time - in excess of the normal number of working hours for accounting period.
Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:
1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to 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 entail damage or destruction of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), public or municipal property or endanger the life and health of people;
2) in production temporary work for 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) in the production of public necessary work to eliminate unforeseen circumstances that disrupt the normal functioning centralized systems hot water supply, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, transport, communications;
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 Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.
The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.
It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.
Comments to Art. 99 Labor Code of the Russian Federation
1. Overtime work - work performed at the initiative of the employer in excess of the norm of working hours established for the employee during the working day (shift) or for the accounting period. Involvement in overtime work is carried out by the employer with the written consent of the employee in the exceptional cases specified in the commented article, and 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.
When considering the employer's application for involvement in overtime work, the elected body of the primary trade union organization finds out:
1) the true reasons for engaging in overtime work;
2) whether these reasons and cases are exceptional, provided for by the Labor Code;
3) whether the candidates of employees belong to the category of persons who cannot be involved in overtime work.
2. The following are not allowed to work overtime: pregnant women, employees under the age of 18, other categories of employees in accordance with federal law.
In practice, it is not considered as overtime:
1) work performed by an employee with a part-time job in excess of the time stipulated by his employment contract, but within the maximum length of working time established by law, although involvement in such work is allowed on the same grounds as overtime work. Overtime processing in excess of the established working hours for persons with irregular working hours and part-time workers is not considered;
2) work in excess of the established working hours while working off the norm of hours with a flexible work schedule;
3) 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;
4) work in excess of the stipulated length of the working day for employees with irregular working hours, if it is compensated by additional leave;
5) work during hours of unpaid leave, work performed in combination (in excess of the established working hours), as well as work performed by the employee in excess of the working hours provided for in the employment contract, but within the established duration of the working day (shift), working part-time;
6) work in excess of the established working hours, performed in the order of external and internal combination.
Legislator defined special order involvement of an employee in overtime work, a list of circumstances that may serve as a basis for involving an employee in the performance of these works.
The employer must obtain permission to perform overtime work from the elected body of the primary trade union organization before the start of their performance. Only in emergency cases (natural disaster, accident, absenteeism of the shift), when it is impossible to obtain prior permission, overtime work can be done with the subsequent notification of the trade union body.
3. The involvement of disabled people, women with children under the age of 3 years, to overtime work is allowed with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. They must be in writing aware of their right to refuse overtime work.
At work with dangerous and (or) harmful conditions work, as well as with a working shift of 12 hours, overtime work is not allowed.
4. Overtime work is applied only in exceptional, unforeseen cases. Overtime must not be used to perform normal tasks.
5. It is the responsibility of the employer to keep accurate records of overtime work performed by each employee.
6. If the summarized accounting of working time is used, in which the actual duration of daily work may be more or less than provided for according to the schedule, and these deviations are balanced (mutually offset) within the accounting period, then overtime hours are recognized not in excess of the shift according to the schedule, but in excess of norms of working hours for the accounting period (see commentary to article 104 of the Labor Code).
7. The employer issues an order for the production of overtime work, having received the consent of the trade union body, in which he indicates the type of work and the reasons for their performance, the category of workers involved in overtime work. However, if the employer did not issue such an order, but his oral order was given, then the work is recognized as overtime.
Work is recognized as overtime, regardless of whether it was part of the ordinary labor duties of the employee in his profession, specialty, or the employee performed another task assigned to him by the employer. labor duty in another profession, specialty, position.
8. The concepts of "overtime work" and "non-standardized working hours" have different legal content and, accordingly, different legal regulations. Therefore, restrictions on the duration of overtime work cannot apply to workers with irregular working hours.
By general rule work in excess of the established working hours, performed by an employee with an irregular working day, is compensated for him by an additional annual paid leave.
Overtime work, as a general rule, is compensated by increased pay, the possibility of receiving which, at the request of the employee, can be replaced by additional rest time.
Labor legislation on the territory of the Russian Federation quite comprehensively reveals the issues of implementation labor activity.
At the same time, the fulfillment of all its requirements is strictly mandatory. Especially when it comes to such complex aspects of the activity as overtime work.
What it is
Today, the term "overtime work" refers to the performance of certain labor activities in excess of the norm established by the relevant contract.
The main condition is the presence of an appropriate initiative on the part of the employer. If it is absent, then work of this kind is not overtime.
This kind of work can be divided into two main categories:
- without the consent of the employee;
- with the written consent of the employee.
At the moment, a special category of overtime work is one that must be carried out regardless of the presence or consent of the employee himself to carry out such activities.
Such work today, according to the current legislation, includes:
- performance of any work to eliminate man-made or natural disasters, accidents in industries hazardous to humans;
- when performing work to eliminate problems in the operation of some communication systems:
- transport;
- connection;
- water supply;
- sewerage;
- heating;
- gas supply;
- if the need to perform certain work is required due to the introduction of a state of emergency / martial law;
- work required due to major disasters:
- epidemics;
- fires;
- thunderstorms;
- earthquakes and more.
The performance of all work related to the situations indicated above is strictly mandatory. There are no alternatives.
According to labor legislation, the employee is obliged to fulfill everything required of him by the employer in the situations indicated above.
Such work currently includes the following:
- if, for any technical reasons or otherwise beyond the control of the employee and the employer, certain work was not performed within the working hours established by the labor agreement;
- if it is necessary to carry out repairs of structures and devices, the non-operational state of which will lead to the cessation of work of a very large number of employees;
- for some reason, an employee who is a shift did not appear at the place of work - if the work performed at the production site does not allow for a break.
It is important to remember that in some cases, when engaging in work, it is necessary to take into account the opinion of the trade union body. But, at the same time, the negative decision of the trade union does not matter.
At the same time, the consent of the employee himself is strictly required. If this is not available in writing, then there is simply no right to involve him in this kind of activity.
Today is not a work of the type in question:
It is not a job of this type if the daily duties on some working days exceed the duration of the shift established by the special schedule.
It is taking into account all the points indicated above that the employer will need to form the amount of payment for his particular employee. If there are any difficulties, you should consult with a qualified lawyer.
Overtime work according to the Labor Code of the Russian Federation
One of the most important points today for many citizens is the following: can overtime work be compensated by additional rest?
This and all other issues are discussed in detail in special legislation. Legal document() is fundamental, you should focus on it first of all.
The most significant NAPs in the Labor Code of the Russian Federation are the following articles:
The employer should always focus on latest edition Labor Code of the Russian Federation. It is important to remember that violation of labor legislation can lead to the imposition of not only administrative, but in some cases criminal liability.
AT recent times Labour Inspectorate and other similar regulatory bodies exercise close control over the activities of employers.
How is it compensated
The issue of payment for overtime work is disclosed in sufficient detail directly in the Labor Code of the Russian Federation.
Payment rules are established by Article No. 152 of the Labor Code of the Russian Federation and are as follows:
- the first two hours of working overtime are paid in the amount of standard wages multiplied by a multiplying factor of 1.5;
- all other hours of work following the first two are paid using multiplier 2.
At the same time, the amount of payment for overtime work can also be regulated by the following internal documents from the employer:
- collective agreement;
- local regulatory legal act;
- directly concluded with the employee labor agreement.
But it should be remembered that the provisions of the documents indicated above, which regulate payment and other conditions for performing overtime work, should not worsen the position of the employee.
This moment reflected in the labor legislation in force in the territory of the Russian Federation. If any such violations occur, this automatically makes the document invalid, void.
It is in the interests of the employer to observe the legality of involving their employees in overtime work.
Otherwise, serious problems with the law may arise. Up to the deprivation of the right to engage in a certain type of activity. The same is true with payment.
It must take place in its entirety. It is prohibited to force an employee to work overtime. There are only a limited number of cases in which it is allowed to involve an employee, regardless of his consent.
How limited during the year
The very fact of involving an employee in overtime work is allowed by law. But there are certain time limits. They are valid for one calendar year. It is not allowed to exceed them.
At the moment, the following main restrictions on the performance of work in this mode are set:
- exceeding the standard working time for 2 consecutive days should not exceed 4 hours;
- the total number of overtime working hours should not exceed 120.
One of the employer's obligations is to record all overtime hours as accurately as possible.
Since later on the basis of this accounting will be formed wage, overtime pay. Also, this kind of accounting is strictly required for accounting and tax reporting.
If for some reason the time limit for engaging in overtime work has been exhausted, then the employer has no right to involve the employee in the future.
If there is a need to carry out additional work, which, for some reason, employees cannot cope with during regular hours, the situation should be resolved in other possible ways.
Violation of the limits established by law threatens the employer with administrative liability in accordance with applicable law.
Duration
Overtime hours are currently limited. The main reasons for this are the following:
- increased energy consumption on the part of the employee;
- reducing the amount of time allotted for sleep, rest and other necessary activities.
The issue of limiting the allowable amount of time to engage in overtime work is reflected in the Labor Code of the Russian Federation.
According to statistics from other countries (in particular the UK), people who are often involved in overtime work often suffer from cardiovascular diseases. The risk of a heart attack and other serious diseases is also quite high.
It is on the basis of these statistics, as well as medical recommendations, that certain restrictions on the length of overtime work have been established.
Exceeding the established limits is allowed only when performing overtime work in cases where the written consent of employees is not required. For example, this is the elimination of the consequences of natural disasters, as well as various other difficult situations (states of emergency).
Difference from irregular working hours
The term "non-standard working day" means the need to perform some specific work outside the working day.
Also, in some cases, be sure to do it more intensively. Subsequently, all this is compensated by agreement between the employee and his employer.
Such a phenomenon as an irregular working day is regulated by separate articles of the Labor Code of the Russian Federation.
The main legal documents are the following:
- article No. 101 of the Labor Code of the Russian Federation;
- TK RF.
An important difference between an irregular working day and overtime work is that the employer does not have the right to involve in the performance of tasks that are not defined by the employment contract.
At the same time, with overtime work, it is possible to involve in the performance of various tasks. Regardless of whether they are present in the employment agreement or not.
Also, the very fact of having an irregular working day is necessarily fixed in the concluded labor agreement.
Engagement in overtime work does not require this. This moment is announced directly in the Labor Code of the Russian Federation. Therefore, there is no need to prescribe this moment in the contract concluded between the employee and the employer.
But, at the same time, to perform overtime work, it implies the written consent of the employee himself. The irregular working day is prescribed initially in the employment contract.
Therefore, the employee gives consent to work in this way at the time of signing the agreement. Both overtime and irregular working hours must always be accounted for directly by the employer and must be paid accordingly.
The employee and the employer himself must necessarily familiarize himself in advance with all the most significant differences between the two designated concepts. This will avoid the occurrence of all sorts of complex and even conflicting moments, litigation.
Can people with disabilities be involved?
It should be remembered that the right of the employer to involve certain categories of workers in overtime work is limited by applicable law.
For example, under no circumstances is it allowed to involve the following categories of citizens in the work of the type in question:
- if the age of the employee is less than 18 years;
- if the employee is a pregnant woman;
- employees of other categories, which are reflected in the federal legislation.
At the same time, the involvement of disabled people in overtime work, as well as women who have children under the age of 3 years, is allowed only with written consent, regardless of the type of work. A prerequisite is the absence of any contraindications to overtime work.
For each time you perform overtime work, you will need to draw up a separate, special order. It is not allowed to form one order for any certain period. Compliance with this rule is strictly mandatory.
Regardless of the nature of the work performed, the employer is obliged to provide the employee with a choice of compensation: in the form of an additional payment or the provision of additional rest time.
Overtime - in most cases emergency measure and employers rarely resort to it. But often the involvement in the performance of such work takes place on an illegal basis. If such incidents are discovered, the employee must contact the labor inspectorate.
Video: Working outside of business hours
There are many situations when an employee has to stay late at work: it is necessary to complete unfinished business, replace an absent employee, or submit an annual report on time. How to call it? Overtime, expansion of service areas, growth in work volumes or irregular working hours? These concepts are often confused. Consider what overtime work is, what guarantees and compensations are due to employees. We will learn how to draw up an attraction to it and how to correctly calculate and pay for this type of employment.
The emergence and spread of wage labor led to the idea of overtime work. In this concept, the employee made a choice between hours spent on the performance of a labor function (paid) and rest time.
Activities over the regulated period cannot exceed the established standards. For allowing such actions, the employer is punished with a fine and penalties. The duration of overtime work must not exceed the limit allowed by law.
Overtime - what is it?
Overtime work is a part of an employee's work time that lasts more than the period established by law. It arises from the work of an employee longer than legal standards within 24 hours. It should be remembered that this type of labor arises as a result of the order of the employer. However, overtime may not be considered as such. This occurs when an employee has spent time on work own initiative and without the knowledge of management.
According to the Labor Code of the Russian Federation, overtime work should be understood as the activity that is performed by an employee at the request of the employer in excess of the number of hours fixed in the law during labor day.
Legislation
The duration of overtime work per year is established by law.
The period of time during which an employee performs his labor functions, refers to the worker. It is to him that Art. 91 of the Labor Code of the Russian Federation. It sets the maximum running time. overtime in this case not taken into account. For any employee, up to 40 hours per week is allowed, in other words, 8 hours per day with a 5-day schedule. For some groups of workers, the duration of work is set within the boundaries of 36, 35 or 24 hours during the week. In addition, Art. 91 obliges employers to organize reporting on the length of time employees work that was spent.
The duration of overtime work should not exceed the allowable limit prescribed by law.
If the implementation time official duties goes beyond the standard framework that was established by regulatory legal acts, then the Labor Code of the Russian Federation calls this process work outside the normal duration of the working regime. Such an excess of the labor regime can be in two forms:
- irregular working hours;
- as overtime work.
Such a concept may apply only to certain employees working in positions for which the excess is provided local acts organizations.
The regulation of activities in excess of the norm is established by the Labor Code of the Russian Federation. In addition, national and industry regulations detail this code. Such acts are, for example:
- Federal Law of the Russian Federation "On the Social Protection of the Disabled";
- order of the Ministry of Transport of the Russian Federation dated November 21, 2005 No. 139.
Overtime restrictions
This is usually related to the company's time management system. Usually weekly working time, including overtime, does not exceed 48 hours in a given period. This would mean that the weekly overtime limit is 8 hours for the standard working time system (40 hours per week on average). However, it should be remembered that the law indicates the average number of hours in the billing period, and the billing period can be up to 12 months.
Thus, it may happen that the manager orders the employee to work only three times a week for 12 hours, and the same specialist will work overtime for 12 hours. Such an order will be legal if:
- the required daily rest of at least 11 hours is maintained;
- the number of overtime per year does not exceed 150 hours (or any other amount specified in collective agreement);
- during the billing period adopted by the company, weekly working hours will not be exceeded.
Unplanned work beyond the duration of the labor process is initiated by the administration of the enterprise in situations unusual for the work process. With all this, the need to obtain consent for unplanned work from employees also depends on the events of the organization and the type of work.
For example, the involvement of workers does not require their consent to work over time in the following situations:
- to eliminate or prevent tragedy, industrial accidents or natural disasters;
- to eliminate events that interfere with the normal operation of supply, communications, lighting systems;
- in circumstances of emergency, war, other threats.
Written consent is required in the following cases:
- completion of the assignment project, in a situation where, due to delays, the work will not be completed on time, which may threaten damage or loss of the object for the organization, country or subject of the federation;
- repair or restoration of devices, if their breakdown entails stopping the work process;
- replacement of a non-appearing shift in continuous production.
With a written consent, which indicates the right to refuse unscheduled work (with the signature of the employee), in the absence of medical contraindications, they can work in excess of indicators:
- disabled people;
- women with a child under 3 years of age.
The following categories do not work overtime under any option:
- pregnant women;
- underage employees.
Maximum duration
What is the maximum overtime for an employee? The highest value is defined in the Labor Code of the Russian Federation (part 6 of article 99). The duration of overtime work of an employee should not exceed 4 hours for 2 shifts in a row.
The employer, without the help of others, allocates the right time. Thus, the duration of overtime work of an employee should not exceed 120 hours per year.
But the usual overtime norms defined in the Labor Code of the Russian Federation, industry regulations and the company's own acts can be specified.
Is overtime normal or not?
It is worth noting that according to Labor Code RF overtime work is an exceptional situation, therefore it is not allowed to plan these hours for the employer in advance (for example, in the working time schedule). In a situation where the employer knows that there will be more work in a given period, he should hire additional people or switch to a different working time system that allows longer working hours (for example, work in an equivalent system).
How to count?
Overtime work will be understood as each additional hour in excess of the daily time of the employee's activities. Therefore, if an employee working in standard working hours (on average 8 hours a day) was supposed to work 8 hours, and worked 10, then the duration of overtime for the employee is 2 hours. Due to a number of regulations regarding various systems working hours, calculating overtime is a complex task and requires careful familiarization with the staff regulations.
Equivalent hours of work and overtime
In an equivalent system, the working time can be up to 12 hours. The occurrence of overtime depends on the duration of work on a particular day and on the work schedule of the employee.
There are three options:
- The employee was scheduled to work 12 hours, and he worked 13 on the orders of management. In this situation, he has one hour of time for which he is entitled to compensation (free time or allowance).
- The employee was scheduled for 8 hours on schedule, and he worked 12. In this case, he has 4 hours.
- The employee has to work 6 hours, but it turned out to be 9. In this situation, he has 1 hour, because for working hours over the schedule, but less than the standard (8 hours), he is not entitled to overtime.
Night time
For work above the norm at night, the employee claims a higher (100%) bonus to remuneration. This period is defined as a span of 8 hours between 21:00 and 07:00. However, the employer can set their own time limits. Therefore, if a company's night time is from 11:00 pm to 7:00 am, then the hours of work from 9:00 pm to 11:00 pm will not be overtime.
Accounting for overtime hours
The standard accounting method is to give the employee free time for such work. Overtime receipt is calculated at a ratio of 1:1 if the application is submitted by the employee. If the employer assigns such a temporary regime to the employee on his own initiative, then he must increase them (1: 1.5 - that is, for 8 hours the employee receives 12 hours of rest).
Accounting hours must occur before the end of the billing period. Such activity is considered without rounding. Overtime on Sundays and other weekends is additionally rewarded. An employee, even with a part-time job (if it is a day off according to the schedule), receives the whole day of rest.
Accounting for such work time can be carried out:
- by week;
- by days;
- summed version.
When applying the latter method, a quarter, year, month is taken as the calculation period. Semi-annual calculations are rarely used. This option is very relevant in situations where the possibility of daily recording of work time is excluded and impossible for the employer. An example of such activity may relate to situations where the staff is involved in a job remote from the main office. One such example is shift work.
With quarterly or annual accounting, the duration in excess of the standard cannot exceed 4 hours for two consecutive shifts. The annual limit does not exceed 120 hours.
Overtime pay
In this case, the employee is entitled to additional payment, which is made in addition to the base rate. The benefit is paid to the employee when he worked for the period specified in the contract and did not use the right to take overtime.
The overtime rate is a derivative of remuneration and is paid at the hourly rate specified in the employment contract.
The amount of the amounts will be determined by the duration of this activity for each employee individually.
Overtime - when 50, and when 100%?
For overtime work on a normal day, the employee is entitled to a remuneration of 50% of the pay. For activities at night, on Sundays and in holidays, which was not planned, as well as on the day that was originally provided in exchange for a worked day off or holiday, the employee acquires the right to 100% of the remuneration.
Additional payments and overtime
Overtime work is not taken into account. different kinds additional payments(e.g. supplements, years of experience). This amount must be paid to the employee for the month during which the duration of work in excess of the norm is calculated. The surcharge can be settled later - before the end of the billing period.
Overtime according to the Labor Code of the Russian Federation
The Labor Code of the Russian Federation also determines the responsibility of the head for violations of the rights of an employee in the field of working hours. Currently, there is no additional regulatory document in this area. All provisions relating to the schedule and overtime work are regulated only by the Labor Code of the Russian Federation.
At the same time, the duration of overtime work should not exceed the time established by law. If these standards are violated, the employer may be fined.
If an employer forces...
In many companies, employees receive a work assignment in excess of the limit arising from the employment contract. Is it legal? As follows from the Labor Code of the Russian Federation, only in the case of:
- the need to carry out rescue operations in order to protect life or health, property, environment or elimination of accidents;
- special needs of the employer.
An employer may ask an employee to work overtime. This means the obligatory performance of imposed functions for the employee. Refusal to work in such situations can be considered as a violation official duties. However, the duration of overtime work in such a situation is limited by law.
Some employees are exempted from performing such functions (for example, pregnant women), and some groups may refuse if they wish to do so (parents of children under 3 years of age, disabled people and workers who carry out their functions in places where there are excesses of permissible concentrations harmful to health substances).
However, it is worth noting that the special needs of the employer indicate an exceptional situation, so the need to work overtime should not be the norm and may be considered inconsistent with labor law. Unfortunately, the rules here are not strict enough, and in each situation the case must be analyzed individually.
Documentation
There are no strictly regulated documents that must be applied to account for such time. It is sufficient to apply the written consent of the members of the labor collective or the approval of the trade union, which will reflect the duration of overtime work for each employee of the company. Such a document is prepared in organizations, as a rule, in advance. When signing an employment contract, the employee must read and sign it. The order must also reflect the main motives for which it is possible to be involved in such work. The order also reflects the time period during which overtime work can be offered.
Special cases
Among the special professions related to exceeding the permissible standards of working time, one can single out the work of drivers.
The duration of overtime work of drivers should not exceed 4 hours, which is regulated by the order of the Ministry of Transport of the Russian Federation of August 20, 2004 No. 15. For such categories of professions, time accounting in the amount is applied.
Companies should adhere to the following rules when registering overtime:
- be sure to request the consent of the employee to work overtime and clarify the opinion of the trade union organization;
- don't ignore indications medical report if it prohibits such work;
- reflect in employment contracts the regime for attracting and paying overtime;
- note the schedule for attracting employees to overtime exits in a specialized journal;
- All relations with the employee must be documented in writing:
- issue orders for overtime work, indicating in it the amount of compensation and the time of processing;
- Obtain written consent from the employee.
Conclusion
The employer in such a situation must always remember that the total duration of overtime work should not exceed 4 hours on two consecutive days and 120 hours per year.
Such involvement of employees in the work should not be a system, but can only be carried out from time to time.
Thus, the duration of overtime work should not exceed the allowable limit prescribed by law.
Hello! In this article, we will discuss the topic of overtime work.
Today you will learn:
- What does it mean to work overtime;
- How is overtime paid and paid?
- What are its similarities and differences with irregular working hours.
Labor legislation on the territory of the Russian Federation covers in sufficient detail issues related to labor activity. And it is necessary to strictly comply with all its requirements. Especially when it comes to a complex concept, such as working overtime. Today we will discuss aspects related to this type of activity.
Term meaning
Under overtime work is understood the performance of a certain type of work in excess of the norm, which is prescribed in the relevant contracts.
Who is the initiator
The initiative should come only from the employer. Otherwise, overtime work is not considered.
What types are
- Regardless of whether the employee agrees or not;
- With the written consent of the employee.
Cases of engaging in overtime work
Currently, there are several types of overtime work that must be carried out regardless of whether the employee agrees to it or not.
Such activities include:
- Works when eliminating man-made or natural disasters;
- Elimination of emergency situations in industries that are dangerous for people;
- Elimination of violations of transport, water supply, gas supply;
- Elimination of violations in the operation of heating systems, communication systems;
- If the work must be performed during an emergency or martial law;
- Work during epidemics;
- Types of work to eliminate fires, consequences of earthquakes and more.
It is strictly necessary to perform these works, there is no alternative here. In such situations, employees must comply with all requirements of employers.
Written consent works are a completely different category.
Such activities include:
- If, for reasons beyond the control of the employee and the employer, any work is not performed during working hours;
- If you need to repair structures or devices, the malfunctioning of which can lead to downtime in the work of a large number of people;
- The shift worker did not come to work.
In such situations, it is imperative to ask the consent of the employee, it is advisable to record its presence in writing.
Persons not subject to overtime work
- Women who are pregnant;
- Employees under the age of eighteen;
- Workers undergoing work experience.
If there is no prohibition set medical documents overtime, the following employees can be involved in the performance of duties:
- Persons with disabilities;
- Women raising children under the age of three;
- Single mothers and fathers with children under 5;
- Employees with disabled children;
- Workers who care for sick relatives.
Duration restrictions
Labor legislation clearly establishes the permissible limits for engaging in overtime work. They are as follows: overtime work cannot exceed 4 hours within 2 days, as well as 120 hours during the year. If this limit has already been worked out, the person cannot be required to perform overtime work during the current year. For the leader, this is fraught with administrative responsibility.
Example. On Tuesday, the employee worked overtime for one hour. On Wednesday, he was involved in the same work, but for 3 hours. On Thursday, it again required an employee to perform their duties overtime. But given the fact that he has already worked 4 hours, it is impossible to involve him in work for more than 1 hour.
Documenting
In each individual case, involvement in overtime work is documented. And this is done before the work starts. The form of documents is not regulated by law, therefore they are developed at each specific enterprise or organization.
The documents should reflect:
- Reason, date, duration of work;
- The fact that the employee is familiar with the right to refuse overtime work;
- The fact that the employee does not mind working overtime (if necessary);
- The amount paid for the job.
The order to involve in overtime work is also drawn up in any form.
You can add to the order:
- A memo addressed to the management;
- Written consent of the employee;
- An application in which the employee asks for additional rest time (if desired).
Let us immediately clarify that the absence of these documents is not considered an error if the order reflects the information in full. Also, the employer is obliged to take into account the length of overtime working hours of any employee.
Overtime pay
Overtime pay is made up of two parts:
- Regular;
- Additional, the purpose of which is to compensate for each hour of work in excess of the norm.
According to labor law, overtime work is paid at an increased level:
- The first two hours of such work are paid, increasing hourly rate an employee one and a half times;
- Each next hour of work is paid, increasing the hourly rate of the employee by 2 times.
The amounts in accordance with which such work is paid can be fixed in local regulations, namely in the labor and collective agreements. If the amount is not clearly defined in these documents, payment is made in the minimum amount, which is stipulated in labor legislation.
If the employee expresses his readiness to continue working after the working day is over, the employer will still be responsible for ensuring that the working hours are observed.
Despite the fact that payments for overtime work are provided for by law, the employer, on his own initiative, can pay for such work at a double or triple rate. The source of such an additional payment, if the organization is commercial, is the reserve fund, which is created on the basis of local regulations.
Overtime work on the day off
There can be no overtime work on weekends. This was confirmed by a number of Plenums of the Supreme Court of the Russian Federation. The Supreme Court clarifies that working overtime and working on a day off has one legal basis, which means that payment in an increased amount is unjustified and excessive.
Example. Mechanic K. worked 11 hours on his day off. Those 3 hours that were worked out by him in excess of the standard working day are not overtime work. And will be payable as going to work on the weekend.
Working overtime at night
If this type of work is done wholly or partly at night, the employer must pay both for overtime work and for night hours, as there is no uniform legal basis.
Example. Waiter D. has a working day that starts at 16.00 and ends at 23.00. The employer asked him to stay at work until 2 am. This means that the period from 16.00 to 22.00 will need to be paid, as usual, in a single amount.
For the period from 22.00 to 23.00 you need to pay as for the performance of work at night.
But the time from 23.00 to 2 am will be paid both as overtime and as work at night.
Working overtime and irregular working hours
If an employee performs activities according to the irregular working hours, there is no talk of overtime work. In this case, the employer compensates for overtime by providing the employee with additional time for rest.
Overtime Compensation
Overtime work implies increased energy costs and reduced rest time, so the state provides guarantees and compensations for those who perform it.
This list includes:
- Increased level of payment;
- Limitation of overtime work by time;
- Availability of a certain procedure for involvement in the implementation of work;
- A ban on the involvement of certain groups of workers in such activities;
- Providing additional rest.
At the written request of the employee, payment for overtime hours can be replaced extra rest time. In this case, overtime will be paid at the usual rate, and additional rest will be unpaid.
This type of compensation must be issued in the form of an order or instruction, and the rest time is noted in the report card.
How things are in reality
In fact, there is a big difference between the norm specified in the law and the real state of affairs.
The non-state sector is especially guilty of violations: employers practically oblige employees to work overtime without asking their consent. Or they generally disguise overtime work under the guise of part-time work, they generally do not take into account overtime hours worked.
Working overtime and tax legislation
AT tax code There are no restrictions on the accounting and payment of overtime work. This means that if labor standards are violated, this does not entail any violations of tax requirements.
Exemption from this also does not apply, since all accruals for this type of work are included in wages.
Conclusion
Overtime work is often a necessity that is driven by the interests of the organization. It is necessary to resolve a complex issue that has arisen outside the plan, or the manager asks to stay for various reasons, all this is common and is a typical situation.
How not to be deceived and get the payment due in these cases, we considered today in our material.