According to Article 99 of the Labor Code Russian Federation overtime is considered labor activity, to which the employee is involved by the employer to perform his duties for a period of time exceeding the working hours established according to the schedule.

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

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

What is overtime?

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

Article 99 of the Labor Code of the Russian Federation indicates cases when a person should be involved in additional work activities only if his consent is expressed in writing:

• if it becomes necessary to complete an already started work activity, which, due to a sudden delay due to technical working conditions, could not be implemented within the time frame established by the schedule.

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

• during temporary work activities related to the repair / restoration of mechanical devices or structures, when the malfunction of these objects can lead to the completion of work activities for a large number of employees;
• in order to continue work in case of non-appearance of the employee in the shift determined for him, if labor activity cannot be interrupted. With such a schedule main responsibility the employer is looking for an employee who can act as a shift.

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

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

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

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

Also, the norm established for the accounting period should be equal to the norm that is established for a specific category of employees (should not exceed forty hours per week).

Who is not eligible for overtime activities?

Not everyone can work overtime.

The following categories of workers cannot be involved in additional labor activity:

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

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

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

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

The employer in such a situation must necessarily ensure the correct accounting of the duration of overtime work for each individual employee.

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

If employees do not have normal working hours, then they will not be paid for work that was performed overtime. Instead, the additional working period worked out will be compensated by vacation.

How is overtime paid?

The pay is higher than for regular work.

The rules for paying for work performed overtime are prescribed in article one hundred and fifty-two of the Labor Code of the Russian Federation. This article states that payment for additional labor activity should be carried out:

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

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

Also a worker own initiative may require overtime working activity rewarded no more high salary and additional days off. At the same time, the rest time should not exceed the period for which overtime work was done.

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

However, in official documents The Supreme Court of the Russian Federation points out that such a provision contradicts clause 5.5. This clause states that the use of regimes that establish flexible work schedule in various companies and structural organizations, is possible only in full compliance with the decision of the State Labor Committee.

It states that when overtime work is carried out by employees performing their labor obligations in a flexible schedule, hourly accounting of this activity is carried out in a summary form in full compliance with the fixed accounting period.

This means that overtime is the working time that was worked in excess of the norm accepted for this stage.

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

For example, if an employee worked overtime for about thirty hours (two weeks of the specified period), then he will be paid in the initial amount for twenty-eight hours, the remaining two hours will be paid at a double rate.

Calculation of wages for overtime work

An example of calculating overtime pay.

To understand how the salary is calculated for an employee who performs overtime work, you can pay attention to an example.

The employee of the institution is assigned a full account of the time during which he performs his labor activity. The reference period is one month, and the shift time is twelve hours.

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

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

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

Since the employee worked according to the overtime plan for 2 hours per full shift, and the total number of shifts was three times / month, then in the end the time spent on overtime work will be 6 hours (two hours multiplied by three. So, additional fee for the implementation of overtime activities will amount to 1620 rubles as a result.

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

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

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

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

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

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

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

This video will show you how to pay for overtime.

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Overtime work of the Labor Code of the Russian Federation is work performed by an employee at the initiative of the employer outside the norm established for the employee. What should be the duration and how is overtime paid? Payment for overtime work according to the Labor Code of the Russian Federation is made in an increased amount. Overtime must not exceed...

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What is overtime work of the Labor Code of the Russian Federation? How is it paid? P The duration of overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

In an unstable financial and economic climate, many employers seek to optimize labor costs.

Mutual consent required

In general, the employee must obtain consent to work overtime. Two design options are possible:

• the employee expresses his consent by making an appropriate inscription on the overtime order;
• the employee writes a statement addressed to the head of the organization in any form.

Note that overtime work without the consent of the employee is possible in the following cases (part 3 of article 99 of the Labor Code of the Russian Federation):

• performance of work necessary to prevent a catastrophe, accident or eliminate the consequences of a catastrophe, accident or natural disaster;
• public production necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, heating, sewerage, gas supply, lighting, transport, communications;
• performance of work due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations (fires, floods, earthquakes, epidemics, etc.).

The following employees are prohibited from working overtime:

• pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);
• persons under the age of 18,

The exception is:

• certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their List was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252;
• athletes, if the collective or labor contract, agreements, local regulations establish cases and procedures for engaging in overtime work (part 3 of article 348.8 of the Labor Code of the Russian Federation);
• employees during the period of validity of the student agreement (part 3 of article 203 of the Labor Code of the Russian Federation);
• other employees (as a rule, restrictions are established for medical contraindications, for example, for persons with an active form of tuberculosis - Decree of the Council of People's Commissars of the USSR of 01/05/1943 N 15; drivers admitted to driving vehicle as an exception due to a special state of health, - Sanitary regulations on occupational health of car drivers, approved by the Ministry of Health of the USSR on 05.05.1988 N 4616-88).

In addition, for some categories of employees there is a special procedure for engaging in overtime work. The employer is obliged:

• obtain the written consent of the employee;
• make sure there are no medical contraindications;
• familiarize employees against signature with the right to refuse to perform overtime work.

Such employees include (part 5 of article 99, article 259, article 264 of the Labor Code of the Russian Federation):

• disabled people;
• women with children under the age of three;
• mothers and fathers raising children under the age of five without a spouse;
• workers with disabled children;
• workers caring for sick members of their families in accordance with medical opinion;
• guardians (custodians) of minors.

Involvement in overtime work with the consent of the employee and without his consent

By order of the employer, an employee without his consent can be involved in overtime work: (part 3 of article 99 of the Labor Code of the Russian Federation):

• to prevent a catastrophe, industrial accident, eliminate their consequences;
• industrial accident or liquidation of their consequences;
• to eliminate the circumstances due to which the centralized systems of water, heat and gas supply, transport and communications do not function;
• in the event of a state of emergency or martial law and in other emergency cases that threaten the population (fires, floods, etc.).

To bring to work on the specified grounds the consent of the trade union organization, since these circumstances are extraordinary. For refusal to perform such work, an appropriate act is drawn up, and the employee is subject to disciplinary liability.

With the written consent of an employee, an employee can be involved in overtime work in the following cases (part 2 of article 99 of the Labor Code of the Russian Federation):

• if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to specifications the production could not be performed (completed) during the working hours established for the employee, if failure to perform this work could lead to damage or destruction of the employer's property or pose a threat to the life and health of people;
• at temporary work ah for the repair and restoration of mechanisms or structures in cases where their failure may cause the termination of work for many workers;
• to continue work if the replacement employee does not appear, if the work does not allow a break.

The employer is obliged to familiarize certain categories of employees with the right to refuse such work against signature. In the Ruling of November 14, 2006 in case N 4-B06-31, the Supreme Court of the Russian Federation indicated that Art. 371 of the Labor Code of the Russian Federation provides for the obligation of the employer to make decisions taking into account the opinion of the relevant trade union body, even if he is not a member of the trade union.

Tip two: verbal agreements can lead to unnecessary disputes. To avoid this, take the position that all employee-employer agreements are documented. Issue an order for involvement in overtime work and familiarize the employee with it. unified form such an order has not been approved, so the employer has the right to develop it independently. In the order, indicate the reason for involving the employee in overtime work, the date the work began, the last name, first name, patronymic of the employee, his position and the details of the document in which the employee expressed his consent to be involved in such work.

Tip three: if collective agreement or other local normative act set size additional surcharge then indicate this amount in the order. The amount may also be determined by agreement of the parties. Overtime work can be compensated by an increased wage or additional rest time at the request of the employee (Article 152 of the Labor Code of the Russian Federation). If the employee has decided on the form of compensation, include this item in the order as well. Familiarize yourself with the order of the employee under the signature. By the way, the legislation does not oblige the employer to provide additional rest at a time convenient for the employee. However, the parties can always agree.

Overtime pay

The Labor Code provides for 2 options for compensating an employee for labor in excess of the established standards. The first way is increased payments.

Overtime is paid for the first 2 hours - at one and a half times, and for the next - at least double. Specific amounts of payments can be fixed by a collective agreement, an internal regulatory act of an enterprise, an employment contract.

Unfortunately, the Labor Code does not define a unified procedure for calculating overtime pay. Therefore, enterprises install it independently, taking into account the specifics of their activities. Some organizations calculate the cost of one hour of overtime work based on the amount of earnings for the month in which the employee performed it, and the number of hours provided for this employee, according to the production calendar. At other enterprises, the calculation is based on the monthly salary and the average monthly number of hours.

As a result, when using a different procedure for calculating overtime pay, you can get completely different amounts. In order to avoid conflicts, it is advisable to fix the selected calculation rules by an internal normative act.

Example.

An employee of the institution has a summarized record of working time. The accounting period is a month, the duration of the work shift is 12 hours. For this employee installed hourly payment labor in the amount of 180 rubles per hour. In August, he worked 14 shifts, which corresponds to

168 hours - normal working hours according to the production calendar for August 2014. In addition, in the same month, due to production needs, he was involved in overtime work for two hours per shift, there were three such shifts in total. Overtime work in the institution is paid in accordance with Art. 152 of the Labor Code of the Russian Federation. We will calculate the payment for such work.

Due to the fact that the employee was involved in overtime work for two hours per shift, and there were three such shifts in a month, the total number overtime hours will be equal to 6 hours (2 hours x 3). Thus, the additional payment for overtime work will be 1,620 rubles. (180 rubles per hour x 6 hours x 1.5).

As for the procedure for calculating the hourly tariff rate from the established monthly rate, we would like to draw your attention to the explanations of the employees of the Ministry of Health, given in Letter No. 02.07.2014  16-4/2059436 . In it, they provide answers to the following questions: how the hourly rate is calculated to calculate the extra pay for overtime work medical workers working according to the schedule (during the year, in some months, processing or underworking from the norm of working hours according to the production calendar is possible), is it legal to use average annual cost one hour?

An example of calculating overtime hours with a salary

The salary of an employee Malofeeva L.G. is 25,000 rubles per month. In September 2016, the employer detained him twice: on September 1 for 3 hours, on September 8 for 1 hour. We will calculate overtime if the norm for Malofeev L.G. 40-hour five-day work week.

The first way (according to the average monthly number of working hours in 2016):

In 2016, the average annual working time for a 40-hour week is 1974 hours (see production calendar). Let's calculate the hourly part of Malofeev's salary in the average form:

In September 2016, the employee received a total of 759.85 + 227.95 = 987.80 rubles. for working overtime.

The second way (according to the actual number of working hours per month):

In September 2016, the average monthly work time for a 40-hour week is 176 hours (see production calendar). Let's calculate the hourly part of the salary of Malofeev L.G. based on the actual (not average) number of working days in September:

We see that when we got a completely different amount of hourly earnings than when calculating the first method (almost 10 rubles less). But at the same time, in another calendar month - in which the number of labor hours is less than in September - on the contrary, the amount will be larger than in the average annual calculation.

Total for September 2016 Malofeev L.G. overtime accrued: 710.20 + 213.06 = 923.26 rubles.

The amount came out less than in the first case, which is unprofitable for the employee. The Ministry of Labor in a letter dated 08/09/2002 No. 1202-21 recommends using the first method of calculating overtime if it improves financial situation employee.

Calculation of overtime hours with a shift schedule

According to Art. 103 of the Labor Code of the Russian Federation, a shift schedule implies work in two or three or four shifts, the need for which is due to the continuity production process. Shift work must be recorded in employment contract with the worker, because it is his essential condition. If the shifter leaves at the request of the employer not on his shift, then the payment for this day is charged in double the amount, or the employee is given a day off on his working day. In case of falling out according to the shift schedule on a holiday non-working day, labor is paid twice according to Art. 153 of the Labor Code of the Russian Federation. In addition, a shift or part of it may fall at night, work during which is paid at an increased rate (at least 20%) under Art. 96 of the Labor Code of the Russian Federation.

When an employer detains a shifter at work over the hours allotted according to the schedule, he is obliged to pay extra to the employee. Let's figure out how to calculate overtime hours with a shift schedule. And also if the work is overtime at night. The formula for calculating the amount of overtime does not change: the first two hours are paid at the rate of one and a half hours of the hourly part of earnings, the subsequent hours - at double. As an example, let's take the calculation of overtime and night in a medical institution.

The specifics of the work of doctors involves the round-the-clock presence of staff in the institution, the work schedule in the hospital is shifting. At the same time, in case of delay of doctors and other health workers outside the shift, the management is obliged to pay for processing. Let's figure out how to calculate night and overtime with doctors.

An example of calculating overtime and night shifts

The medical worker Trifonov I.P. was assigned a work regime in two shifts of 12 hours each (day shift from 8:00 to 20:00, night shift from 20:00 to 8:00). The salary of an employee is 16,000 rubles. The norm for Trifonov I.P. is a 40 hour work week. In September 2016, he was required to work overtime for 4 hours on September 2 after the day shift, and for 2 hours on September 5 after night shift. The local regulatory act of the medical institution establishes an additional payment for night work in the amount of 40% official salary (minimum size such an additional payment under the Labor Code of the Russian Federation is 20%, but employers have the right to establish more favorable conditions for employees). We will calculate the additional payment for Trifonov I.P. for work outside of school hours.

According to the production calendar in September 2016 for a 40-hour working week the norm of working time is 176 hours. To calculate overtime, we select the hourly part of the salary of Trifonov I.P.:

Night hours are the time from 22:00 to 6:00 (work at this time is paid at an increased rate). September 2 Trifonov I.P. was involved in work after a day shift for 4 hours, the shift ends at 20:00. The employee worked overtime from 20:00 to 24:00, 2 hours of this period fall at night. For these 2 hours, he is entitled to an additional 40% of the salary, in addition, they are paid in double the amount, while the first 2 hours of processing in one and a half. But when calculating overtime and night time, it is not necessary to multiply the coefficients at the same time. Add the amount of extra pay for night hours and the amount of overtime.

Of which 72.72 rubles - for work on the night shift.

After the night shift on September 5, Trifonov worked 2 hours - the work fell on the daytime, does not exceed 2 hours and is paid at one and a half times.

Total in September Trifonov I.P. accrued for additional work, partly at night, 709.02 + 272.70 = 981.72 rubles.

Calculation of overtime with summarized accounting of working hours

According to Art. 104 of the Labor Code of the Russian Federation, in the case when it is impossible to comply with the daily (8 hours in general) or weekly (40 hours) standard of working time, it is permissible to introduce a summarized accounting of working hours in the organization. Working hours are not counted per week, but for the period that the organization sets. It can be a month, a quarter or a year. Such accounting is introduced so that the duration of working time does not exceed the normal number of working hours in the entire allotted period. At the same time, in one week an employee can work more than the norm, and the next week, on the contrary, less. The employer will evaluate the hours worked after the end of accounting period month, year or quarter.

It is convenient to use the summarized accounting for companies with a shift schedule, in which employees work every day in three, two by two or several shifts a day. With such accounting, processing may also occur, for which it is necessary to calculate the payment.

Additional payment for extracurricular work with the summarized accounting of working time is made after the end of the accounting period. Consider how overtime is calculated using an example.

An example of calculating overtime with a summarized accounting of working hours

Employee Selivanov M.A. an hourly wage is set at 150 rubles per hour, the organization has a summarized accounting of working time, the accounting period is a quarter. The general norm of working time for this employee is 40 hours per week. Let's calculate the overtime for Selivanova M.A. for the 2nd quarter of 2016, if he worked 496 hours in this quarter according to the time sheet.

According to the production calendar, the norm of working time with a 40-hour week in the 2nd quarter of 2016 is 488 hours.

According to the results of the quarter, Selivanov worked 496 - 488 = 8 hours overtime. Of this time, 2 hours are paid in one and a half times, and the remaining 6 hours in double:

Payment for overtime work Selivanova M.A. will amount to 2,250 rubles at the end of the accounting period - the 2nd quarter of 2016 with a summarized accounting of working hours.

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 2019 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.

Documentation of attraction of an employee to overtime work

When engaging in overtime work, each such case must be drawn up separately.

As already noted, it is not allowed to include in the collective agreement, local normative act, labor contract provisions containing the consent of the employee to perform overtime work, for example: By order of the employer, the employee(s) agree(s) to work overtime».

Initially follows record a fact, which is the basis for attraction to overtime work.

The most common case is the non-attendance of a shift for work that does not allow a break. Absence (or other grounds for engaging in overtime work) should be notified to the head of the enterprise or otherwise executive which is authorized to make decisions on involving employees in overtime work. To do this, the head of the department is memo. It describes the incident and justifies the need to involve workers in overtime work.

A job description or order can secure the right of the immediate supervisor to notify employees of the need for overtime work. In the absence of such authority, a memo is sent to the head of the enterprise.

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

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

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

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

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 rewarded as work in holidays, regardless of the total number of hours worked that day. Overtime pay is always paid excluding public holidays and public holidays.

Cumulative time tracking

When using it, it is often difficult to determine which work is overtime and which is rationed. Accordingly, there are difficulties in calculating compensation. To solve emerging problems, one should be guided by the Recommendations on the application of the flexible working time regime in institutions, organizations, and enterprises of the national economic sectors, approved in 1985.

In accordance with clause 5.5 of this regulatory act, when overtime work is performed by citizens transferred to a flexible work regime, hourly work is recorded in total relative to the established billing period (month, week).

Accordingly, only those hours worked in excess of the norm provided for a particular period will be recognized as irregular. Accordingly, overtime work lasting 2 hours will be paid at the rate of one and a half, and the following hours in excess of the norm - at double.

The practice of applying the rules

Based on the above information, the following calculations can be made. Suppose a citizen worked 43 hours overtime for 20 days of the reporting period. Of these, 40 hours will be compensated in one and a half times, and the remaining 3 - in double.

The rules enshrined in paragraph 5.5 of the Recommendations were recognized as correct by the RF Armed Forces, despite the fact that the Ministry of Health gave slightly different explanations. Thus, in the Letter of 2009, the department recommended that overtime work be calculated at the end of the reporting period. For example, if an employee worked 19 hours in excess of the norm, then 2 of them are paid at one and a half, and 17 at double the rate.

By general rules, enshrined in Article 153 of the Labor Code, labor activity on a non-working (including holiday) day must be paid double. In practice, the question often arises - how to calculate earnings for a citizen involved in overtime work on a day off? Explanations on this matter are present in the Decree of the State Labor Committee of 1966. According to the normative act, when calculating hours worked overtime on a weekend or holiday, they should not be taken into account, since this labor activity is already paid double. —

T K RF Article 99 Overtime

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 the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

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

1) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform (non-completion) of this work may lead to damage or loss of property 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) in the production of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning centralized systems hot water supply, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, transport, communications;

(as amended by Federal Law No. 417-FZ of December 7, 2011)

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.

R The employer must ensure that the overtime hours of each worker are accurately recorded.

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:

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 centralized hot water supply, cold water supply and (or) water disposal systems, gas supply, heat supply, lighting, transport, communications systems;

3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency 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.

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. Under the established hours of work in this case refers to the hours of work set 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.

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 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 use of 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 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).

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 involvement in overtime work underage workers, 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 regulatory commission 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 labor law 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).

Article 99. Overtime work

• checked today
• code dated 01.01.2020
• entered into force on 01.02.2002

There are no new versions of the article that have not entered into force.

Compare with the wording of the article dated 06.10.2006 01.02.2002

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

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

• 1) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform (non-completion) of this work may lead to damage or loss of property the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;
• 2) 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 centralized hot water supply, cold water supply and (or) water disposal systems, gas supply, heat supply, lighting, transport, communications systems;
• 3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency 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 it is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

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

The employer is obliged to ensure that the overtime hours of each employee are accurately recorded.

Other articles of the section

Art. 99 Labor Code of the Russian Federation

References to Art. 99 of the Labor Code of the Russian Federation in legal advice

• Overtime work
  

  17.02.2018 Good morning, Natalia. How long is your shift? For example in Article 99 of the Labor Code of the Russian Federation It is said: 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

• Labor contract
  

  02.11.2017 At the same time, transfer to work requiring lower qualifications is allowed only with the written consent of the employee. As for overtime, it's the same, norms Article 99 of the Labor Code of the Russian Federation

• Irregular hours and overtime work
  

  09.03.2017 The grounds for working overtime are unequivocally an order (written) by the employer, and in some cases, the written consent of the employee himself is also required. Art. 99 Labor Code of the Russian Federation), also in Art. 99 Labor Code of the Russian Federation the circle of persons who cannot be involved in overtime work is indicated. For example, if a pregnant woman works part-time




03.10.2016 two hours and double the amount for the following, but the hours of rest must correspond to the hours worked. that is at least 6 hours. However, considering that based on Article 99 of the Labor Code of the Russian Federation you can be involved in overtime work for no more than 4 hours for two shifts in a row, you could not be involved in overtime work for 6 hours during




13.04.2016 Good morning Michael. In your case, this is involvement in overtime work, and without your consent, as stated in Article 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

• overtime work
  

  06.03.2016 worked the required number of hours, and worked 2 days does not mean that overtime was applied, you worked within the schedule, according to the norm Article 99 of the Labor Code of the Russian Federation in this position are not violated. If you have 8-hour shifts in your employment contract, as well as in the Internal Labor Regulations, then

• Can overtime be forced to work 12 hours instead of the scheduled 6 hours
  

  30.12.2015 legal, since the use of overtime work is usually permissible in case of emergency, for example, an accident or an urgent order. AT Article 99 of the Labor Code of the Russian Federation




02.12.2015 overtime work. At the same time, the duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year. AT 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 working hours established for the employee.

• Article 92 of the Labor Code of the Russian Federation
  

  14.10.2015 set 40 hours for this category of workers, then 4 hours will already be considered overtime work, the use of which is allowed in compliance with the norms given in Article 99 of the Labor Code of the Russian Federation and with the consent of the employee and no more than 120 hours per year. There will be more questions, please contact.

• overtime
  

  13.10.2015 instead of increased pay, it can be compensated by the provision of additional rest time, but not less than the time worked overtime Another point Article 99 of the Labor Code of the Russian Federation stated: The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year. Employer

• The employer registered the employee on the basis of an order only
  

  29.09.2015 failure to conclude an employment contract in writing; - Article 22 of the Labor Code of the Russian Federation does not familiarize with the local acts of the enterprise; - Article 91 of the Labor Code of the Russian Federation lack of fixation of working hours; - Article 99 of the Labor Code of the Russian Federation attraction to overtime work, without your consent and payment on the basis of Article 152 of the Labor Code of the Russian Federation. Besides wages as well as compensation

• 
  

  24.06.2015 being on the exam is not included in the teaching load, then this should be considered overtime work, which is possible only with the written consent of the employee. AT Art. 99 Labor Code of the Russian Federation there are also a number of exceptions when the consent of the employee is not required, but your case does not apply to exceptions. Also for overtime work

• payment for hours not provided for by the teaching load
  

  24.06.2015 TK RF. With regards to opting out. THEN, if official duties it is not spelled out and exams take place over the established 36 hours, then you need to use Article 99 of the Labor Code of the Russian Federation, which says that overtime work can be involved only with the consent of the employee. One more thing, what is specified in the employment contract? How many workers

• Additional pay up to 40 hour work week
  

  10.06.2015 Good morning Anastasia. In your case, those 4 hours are pure overtime, which should be paid accordingly. AT 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 working hours established for the employee.

• Working hours, transport costs
  

  08.05.2015 accordingly, after the end of the shift, you cannot be detained to perform additional work. With regard to the performance of overtime work, in this regard, in 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 working hours established for the employee.

  Article 99 of the Labor Code of the Russian Federation

  11.02.2015 About overtime hours according to Article 99 of the Labor Code of the Russian Federation everything is clear there are no questions here, but the main question is about COMBINATION. That employees are offered a combination with a 30% supplement to their salary, but the employer is trying

• Combination
  

  06.02.2015 Good afternoon, Dmitry. As regards overtime hours, Article 99 of the Labor Code of the Russian Federation stated: The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year. That is, over

The concept of a weekly normal working time in enterprises is regulated at the federal level in 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 - a shift. 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 of overtime work should not exceed 4 hours for 2 consecutive days or 120 hours per 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 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.