How overtime of working hours is paid according to the Labor Code of the Russian Federation. New watch recycling law

To answer this question, it is important to understand what recycling is.

Work: what is the norm by hour

According to labor law, the duration of working hours must be established for each employee, during which he is obliged to perform the duties assigned to him. The generally accepted norm is a 40-hour week. For certain categories of workers it is even less. However, there are situations in which an employee may be late at work. It's about on irregular working hours (fixed in the employment contract) and overtime work, for which payment for overtime is required. Delay at the workplace due to failure to fulfill duties assigned to the employee on time is not considered overtime. An offer of paid overtime can only come from an employer.

Overtime (aka overtime)

If the employer’s representative takes the initiative to involve the employee in performing work outside the established time period for work, he involves him in overtime work upon completion of the worked day or night shifts. Work of less than 8 hours a day will also be considered overtime for workers who work at or above the norm established for them. As a rule, processing is of a temporary nature, in particular it is applicable during the period of supply of materials and submission of reports. Practice, including judicial practice, indicates that processing cannot be planned in advance; it is a kind of forced measure. To implement the decision, the employee’s written consent may be required. No representative of the employer may contain provisions that, when appropriate circumstances arise, the employee is obliged to consent to overtime work.

What processing time is possible?

Since processing involves additional labor costs, it must be controlled, officially recorded and paid accordingly. The employer should ensure that working hours are accurately recorded for each employee. A unified form of accounting is a time sheet in which an alphabetic (“C”) or numeric (“04”) code is entered indicating the processed time down to the minutes. Recording the duration of work in excess of the norm is necessary to avoid a 4-hour excess over two days and a 120-hour excess over the course of a year. These rules also apply to part-time workers. For car drivers for whom summarized working hours are kept, scheduled work + overtime cannot exceed 12 hours, except in situations where it is necessary to complete a trip or wait for a replacement.

Who cannot be involved in overtime work?

Overtime, which is mandatory, cannot apply to a number of employees. No one has the right to involve persons under the age of majority or pregnant women in processing. Women whose dependents are underage three years old children and disabled people can perform overtime work by giving written consent and in the absence of contraindications for health reasons (subject to a corresponding doctor’s opinion). Their familiarization with the possibility of refusal must be recorded against signature. Similar guarantees apply to a parent raising children under the age of five without their significant other, employees with disabled children and those caring for sick members of their families with a medical certificate.

Under what circumstances is it necessary to obtain written consent for processing from an employee?

Payment for overtime according to the Labor Code of the Russian Federation must be made with the obligatory consent of the employee if:

Due to technical reasons, there was a delay in production, the employee did not complete or did not complete the work on time within working hours, and the stop may pose a threat to the life and health of people, lead to damage or loss of property;
- there are malfunctions in mechanisms and structures, the lack of repairs of which can cause the work process to stop for many workers;
- the replacement employee did not show up for work, and stopping the process is unacceptable; in this case, the employer must take all necessary measures to replace an employee.

These circumstances do not oblige the employee to consent to processing (he can refuse). Refusal should not be regarded as a violation of discipline at work.

In what cases does the employer not need consent?

Payment for overtime will be made without written consent for overtime work if:

The need to carry out work to prevent a disaster, industrial accident or eliminate their consequences;
- the need to carry out work aimed at eliminating accidents centralized systems gas, heat, hot and cold water supply, drainage, communications, lighting, transport;
- the need to carry out work in cases that threaten the lives of the population (martial or state of emergency, natural disasters).

Under these circumstances, the employee’s refusal is unacceptable.

Penalties

Lack of appropriate consent to perform overtime work, as well as failure to keep track of overtime, may result in administrative penalties (fine, suspension of the organization’s activities):
- for officials - 1000-5000 rubles;
- for legal entities - 30,000-50,000 rubles. or suspension of the organization’s activities for up to 90 days.

Documentation of processing

Hourly overtime and wages for it must be properly documented. Sometimes it may be necessary to write a report to the manager, which should indicate the circumstances of the incident and the need to involve a particular employee in working beyond the norm. Then you should notify the employee about the need for overtime by sending him a written notice or reading the report against signature, if necessary, obtain consent, then issue an order to pay for overtime. There is no unified form of such an administrative document. It can be drawn up arbitrarily with mandatory content of the reasons for overtime, who should be involved in work and for how long. An order is issued for each case of processing. It cannot be prepared in advance for a certain period of time with the indication of employees.

Labor legislation states that the employer should be properly compensated for labor costs exceeding the norm. This includes both overtime and weekend work. holidays, at night. Answer to the question: “How are overtime paid according to the Labor Code of Russia?” - lies in article 152 of the document on labor law, which speaks of the need for the employer to provide one and a half wages for the first two hours of work, and double wages for subsequent hours. Higher coefficients are also possible if this is reflected in the local regulatory framework of the enterprise, collective or employment contracts. Also, the time worked can be replaced by rest equal to or exceeding the hours of overtime. The choice of one or another method of compensation is the prerogative of the employee, not the employer.

In practice, you can often encounter a number of questions about how overtime is paid, which are not explained under the Labor Code, relating, for example, to situations when overtime falls on weekends, holidays or at night. So, in the case of overtime that falls at night, they must be paid (at least 20%) and separately for overtime work. Overtime on a weekend or holiday will be considered solely as work on a weekend or holiday with corresponding double pay. Payment for processing when shift schedule is calculated based on excess working hours per accounting period. Everywhere it is calculated differently, however arbitrage practice defines an approach in which the first 2 hours of the total number of overtime hours in the accounting period should be paid at one and a half times, all the rest - at double. Initially, the employer should document the procedure for paying for overtime, i.e. what base for applying increasing coefficients will be taken into account (bare salary (tariff rate) or salary + allowances). To pay for overtime, it is better to prepare a detailed accounting statement. In case of working hours beyond the maximum permissible norm the employee must receive compensation in full.

By definition, overtime or overtime refers to work that was performed by an employee in the hours following the end of the working day. however, it is necessary that it be carried out by the decision of the employer. If an employee remains at work for own initiative, then the hours of such work are not considered overtime.

The working day itself is of such length that in the end the total number of hours worked during the week does not exceed forty. This is due to the fact that 40 hours a week is the norm for all workers. Any time beyond this is considered as overtime.

What kind of overtime can there be with a shift schedule?

A shift schedule is a schedule that is drawn up if the working day of certain employees, due to production needs, must be longer than the standard working day or must not take place within the framework of 9-18. In this case and in this case may require rework- even in addition to the longer time that the employee will need to work in accordance with the shift schedule.

Moreover, in such cases the norm is violated, according to which the employee cannot work more than 40 hours within a month. Therefore, for such enterprises there is a concept of accumulated time, which means that employees work during a week more than required by law, but this compensated by shorter operating hours in other months.

As a result, the norm is observed for a longer period of time, namely, a month, quarter or year. In general, the rule is that the maximum period during which time can be added up is one year. In other words, it is unacceptable for an employee to work more than expected during the year, and then compensate for it less. for a long time next year. The annual norm must be observed.

At the same time, for employees who are employed in hazardous or harmful types of production, the longest period of summarized accounting is a quarter. In other words, they can work out the norm for a week or for a month, but during each individual quarter they can work no more than the established norm of time. However, there is a reservation for workers of such industries, according to which the accounting period for them can still also be extended for the year.

This is allowed if there are grounds for this in the form of seasonality or technological reasons, as a result of which it will not be possible to comply with the norm on the maximum duration of working time for a certain three months, that is, a quarter.

Labor standard

The general rule, which also applies to a shift schedule, is that an employee can have overtime during the year, the total duration of which does not exceed 120 hours. In addition, on two consecutive days, the total processing time cannot exceed four hours.

Features of payment for work

With a shift schedule, remuneration can be carried out in two main ways, namely:

• at a certain tariff rate per hour;
• based on the salary assigned to the employees.

The first option sets the rate that an employee receives per hour of work at the enterprise. Next, the number of hours he worked is determined, this is done on the basis of a time sheet in which such information about all employees is entered. After that these quantities are multiplied by each other. Moreover, if he worked more than the norm, then he is paid more for the additional hours than for those that constitute the norm.

In the case where the salary base is salary, the staff must work a certain amount of time. If an employee has worked for a month less hours, than is contained in the norm, then the payment to him is reduced in comparison with the assigned salary in proportion to the unfinished work. On the contrary, if he worked beyond the time required to receive his salary, then he is also paid extra.

If employees work on a shift schedule, then situations when they have to overwork or work at night become noticeably more frequent. It’s not uncommon for a certain employee’s hours to run out and his replacement hasn’t shown up. In such a situation, the first employee often has to continue working because workplace In some cases it is impossible without a replacement. Of course, in such a situation additional payment for overtime work is required.

Recycling calculation rules

Overtime during a shift schedule should be determined from the timesheet and calculated based on the information entered in it. An enterprise is required to maintain such a document, while its form is developed by an individual company independently; there is no mandatory template for this document.

The timesheet must include:

• information about the duration of employees’ working hours during a certain shift;
• the time they rested;
• how the shifts were rotated.

In a similar way, the company calculates how long employees have worked. If it turns out that the total duration of the shift exceeded the norm, then the amount of time by which this duration exceeds the norm is considered overtime. You must pay the increased rate.

It has been established that an employee has the right to receive:

• one and a half rates for the first two hours that he worked overtime;
• two rates for all subsequent hours that he worked overtime.

These overtime compensation rates are considered minimal. The employer does not have the opportunity to reduce their size. At the same time, it is quite possible to increase it. It can be installed:

• a local regulatory act (order) issued by the employer, both specifically dedicated to overtime pay and wages in general;
• collective agreement;
• an employment contract concluded specifically with this employee

Calculation example

Employee Aventyev G.O. works in two shifts, which are 12 hours each. One of them, daytime, lasts from 8 a.m. to 8 p.m., the second, night, from 8 p.m. to 8 a.m.

Standard working week length for Aventiev G.O. is forty hours, his salary is 32 thousand rubles. In November, he was involved in overtime work, which occurred on November 9, when he worked 4 hours after completing the day shift, and on November 12, when he worked 2 hours after the night shift.

At the same time, the additional payment at night in this organization is set at 40%, which is higher than the minimum compensation of 20% by law. In accordance with the production calendar, the standard working time for given month for Aventiev G.O. equal to 176 hours.

In this case, the hourly part of his salary is equal to:

32000 / 176 = 181.8 rubles.

Night hours are considered to be the hours from 10 pm to 6 am.

On November 9, after finishing his shift at 20:00, Aventyev worked another 4 hours, respectively, 2 hours of overtime fall on night time. Thus, in the last two hours he receives double the salary, as well as an increase of 40%, and in the first two hours - one and a half salary. It is necessary to add up compensation for overtime and for night work.

(181.8 * 1.5 * 2 hours) + (181.8 * 2 * 2 hours) + (181.8 * 2 * 0.4) = 1418 rubles.

Of these for night shift he will receive 145.44 rubles.

After the night shift, Aventyev worked only two hours overtime, which did not already fall on the night shift, for them he will receive an additional payment of one and a half times.

181.8 * 1.5 * 2 = 545.4 rubles.

Summing up these indicators, you can get 1963.4 rubles of overtime.

Is compensation possible in the form of an additional day of rest?

This option is allowed; if an employee has worked extra hours, then he has the right to appeal to the manager with a request to provide him with an additional day off or rest time instead of increased pay. Such time cannot be shorter than processing. Usually it is equal in duration, but it can also exceed the overtime time at the discretion of the employer.

In this case, by default it is set that the employee is paid overtime. For this reason, in order to receive an extra day off or hours, he must draw up an application on his own initiative. In this case, the employer has an obligation to satisfy him.

At the same time, the time during which the employee will rest, must be agreed with the management of the enterprise. It is not allowed for staff to arbitrarily set the day when they will rest or such hours.

The time off that the employee was given for overtime is deducted from the norm of his working time. Therefore, the employee’s salary due to him for the month in which he decided to take time off does not decrease.

It is allowed to record in the timesheet the day provided as a day off for overtime, code assigned for the weekend.

At the same time, it makes sense to enter your own code for compensatory hours instead of overtime, for example, at 2 hours.

Registration of such time off is carried out in different ways, taking into account the time when it was determined that the employee from whom overtime is required prefers compensation in the form of extra free time. If this was known when the order was issued to require staff to work overtime, then given choice is also attributed in this document and no additional registration is required.

If such a decision of the employee became known after the issuance of this order, or the involvement in overtime was not formalized at all in the proper form, then it is necessary to issue a special order, which requires that the employee be given a day or hours of rest. The form of such paper is free; any enterprise can create it in its own way. It is necessary to familiarize the employee with it, who must sign it.

Finally, some employers prefer not to complete any paperwork at all. In this case, the time is formally marked as worked, but in reality the employee is not in his place. This option is fraught with the fact that if an accident occurs to an employee during such a period, it will be possible to hold the enterprise accountable, since such an incident will formally be considered a violation of labor safety standards.

Here is an additional comment on how to properly process overtime pay.

Labor legislation sets standards that a person can work. Whenever emergency situations The legislator allows for the possibility of involving an employee overtime. At the same time, it is important to know how overtime is paid under the Labor Code in order to protect your interests in controversial situations.

Recycling in the Labor Code: definition and nuances

The relationship between an employee and the management of an enterprise is regulated by the Labor Code of the Russian Federation. This regulatory act establishes most of the rules that apply to arising in the process labor activity situations.

What is the norm

The standard working time is regulated by Article 91 of the Labor Code of the Russian Federation. This is a certain time period during which the employee carries out his work activity.

Thus, Article 91 regulates the working hours of 40 hours per week or 160 per month.

Article 104 of the Labor Code of the Russian Federation establishes the possibility for enterprises to use summarized recording of working time. In this case, during the reporting period, the time worked should not exceed the established limit.

Important! If it is not possible to comply with the requirements for a standardized work week, the employee must be provided with rest between shifts, lasting at least two shifts.

Reduced working hours are provided for the following categories of persons:

1. Citizens under the age of sixteen can work no more than 24 hours a week.
2. Other minors and disabled people of groups 1 and 2 - no more than 35 hours per week.
3. Persons working in conditions that are harmful or hazardous to health - no more than 36 hours per week.

Payment for overtime hours during a shift work schedule and during a regular work schedule must be accrued within the framework of the current regulatory framework.

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What applies to overtime work?

Overtime work is an activity that is carried out in excess of the norm established by law.

Despite the fact that the duration of the working week is clearly regulated at the enterprise, situations may arise in which it is necessary to involve an employee in the performance of his duties beyond the established time limit. For such cases, the legislation provides for the concept of processing.

According to Article 99 of the Labor Code of the Russian Federation, when involving a person in processing, the following conditions must be met:

1. If emergency situations occur at the enterprise or there is a threat of damage to the organization’s property;
2. Obtaining the employee’s consent to work off;
3. Compliance with time restrictions;
4. Compensation for the period worked, taking into account legal requirements.

Maximum possible recycling according to the law

The legislation also regulates the maximum possible processing. This is 4 hour periods for two days in a row or 120 per year.

Features of payments for work on holidays and weekends

The Labor Code of the Russian Federation also provides for payments for going out on a holiday or day off. Article 153 regulates double payment for such cases.

Attention! Calling a subordinate on a holiday or day off is possible only with his written consent.

Without obtaining such permission, it is possible to involve people on legal days off in emergency situations, such as preventing an accident, catastrophe, or damage to company property.

A person disturbed during the rest period must receive compensation. It is calculated based on his salary.

Example

Petrov V.V. holds the position of mechanic. His salary is 25,000 rubles. He was called on a weekend to fix a breakdown that could lead to an emergency for 4 hours.

The accrual is calculated for 1 hour:

156 rub. 25 kop. × 4 hours × 2 = 1250 rub.

What is not recycling?

Does not apply to processing:

• irregular schedule. A citizen is involved in work without consent, but the extra time must be compensated;
• working time with a flexible schedule;
• excessive hours worked during part-time work;
• work exceeding the limit under a civil contract.

If a person works with an irregular schedule, this does not mean that he can be used overtime constantly. The limit established by law must be observed.

Who should not be involved in extra work?

The law prohibits forcing the following categories of persons to do this type of work:

• pregnant women or mothers who are raising a child aged 3 years or younger;
• minors;
• citizens undergoing on-the-job training during their studies;
• disabled people.

Mothers with children under three years of age in their care and persons with disabilities can be involved in such work with their written permission. There should be no health restrictions. This rule applies to a parent independently raising a child under five years of age or a disabled person.

Is it possible to increase the working day forcibly?

A person can be forced into this activity if:

• need to prevent emergency or to eliminate its consequences;
• the need to eliminate malfunctions in public utility supply systems;
• in the event of circumstances related to a state of emergency or martial law.

In other cases, it is necessary to obtain the consent of the citizen.

Design nuances and responsibility

Design specifics this fact provided by local regulations organizations. Initiating the procedure can be expressed in writing a memo addressed to the manager, which indicates the reasons for attracting people to this type of employment.

Important! The employer is obliged to document the fact of hiring people over the established limit and pay them compensation.

Otherwise, the organization is held accountable under Article 5.27 of the Code of Administrative Offenses, which provides:

• a fine for an official or individual entrepreneur - from 1,000 rubles to 5,000 rubles;
• for an enterprise - from 30,000 to 50,000 rubles.

The organization may also be subject to a more serious penalty - suspension of activities.

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Overtime compensation

If the established limit is exceeded, the first two hour periods must be paid at one and a half times the rate, the rest at double.

Calculation compensation payments will depend on the following circumstances:

• graphic arts;
• wage systems.

The schedule may be regular or variable. The payment system for time worked may include a salary or an hourly rate.

Calculation of accruals must be made in accordance with Letter of the Ministry of Labor No. 1202-21.

Example

Salary of Semenov I.I. is 22,000 rubles per month. In accordance with the standards for normal work, he worked 160 hours per month. During this period, Semenov was involved in activities in excess of the established limit for 6 hours. The calculation of compensation should be made as follows:

137 rub. 50 kop. × 1.5 × 2 = 412 rub. 50 kop.

Then you need to determine the amount due for the next period of time:

137 rub. 50 kop. × 2 × 4 = 1100 rub.

We sum up the resulting values ​​to determine the final payment:

412r.50kop.+1100r.=1512r.50kop.

The person should receive this amount as compensation.

Difficulties with calculations arise with a shift schedule. This is due to the fact that such a system provides for cumulative time tracking.

Since the schedule is not standardized, a person can work above the limit in the first month, and less in the second. Based on the results of the reporting period, the norm will be met. Thus, the calculation of payment for temporary excess can be implemented in two ways:

• compensation based on the period worked;
• compensation for the results of the accounting period.

Example

Semenov I.I. worked in reporting period, constituting a quarter, 520 hour intervals. At the same time, the limit is 480. He overworked for 2 hours for 20 shifts. Semenov's salary is 22,000 rubles.

We determine his hourly rate:

22000 rubles × 3 months 480 hours = 137 rubles 50 k.

In the first method, compensation is calculated as follows:

137 rub. 50 k. × 1.5 × 40 hours = 8250 rub.

Since the payment is calculated upon the fact, a factor of one and a half is applied.

When using the second method, the calculation looks like this:

137 rub. 50 k. × 1.5 × 2 hours = 412 rub. 50 k.

For the first time period with a coefficient of one and a half. Subsequent time is paid double:

137 rub. 50 k. × 2 × 38 hours = 10450 rub.

The final compensation will be:

412r.50k.+10450r.=10862r.50k.

When using the second method, the employer will have to pay for the fact of such employment in larger size, therefore the first one is used in most enterprises.

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Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

The Labor Code of the Russian Federation obliges every organization and every enterprise to record the time actually worked by employees. At the same time, the code establishes maximum working hours, which normally amount to 40 hours per week (eight working hours daily, five days a week). For a number of categories defined by law, the standard working time is determined to be 24, 35 or 36 hours.

Recording the time worked by employees can be done in several ways. If the daily schedule involves an equal number of hours, recording is carried out by day. If the number of working hours during the week is uneven, but every week total time the work is the same, weekly accounting is used.

When working in shifts, it is quite difficult to keep track of time worked both by day and by week.

Most often, the summarized accounting method is used, in which a staff work schedule is drawn up in shifts.

If the schedule is drawn up incorrectly or unforeseen events occur (force majeure, illness of employees), as a result of the planned shifts, working hours appear that go beyond the norms established by law. Such excess hours require special registration and additional monetary compensation to the employee. The calculation of the amount of additional payments depends on the remuneration system in force in the organization and on the method of recording time worked.

How is overtime calculated for a shift schedule?

Wages during shift work can be calculated on the basis of the approved salary or using hourly tariff rates. With a salary system, an employee receives the same salary every month, with the exception of shortcomings or overtime (in this case, to pay the salary, first of all, it is calculated hourly rate, and after that – the total amount of payment for the month). When hourly rates are used to calculate the salary amount, the number of hours worked is multiplied by the established rate.

To calculate the additional payment for overtime during shift work, first of all, you should calculate the number of hours worked in excess of the norm. With weekly accounting, this is quite easy to do: you need to know the maximum standard for the duration of a working week for a particular employee, established at the legislative level. All “extra” hours worked will be considered overtime.

When using summarized accounting to determine the duration of overtime, the time worked by the employee should be calculated cumulatively for the entire accounting period.

This is fundamentally important, since hours worked in excess of the norm are considered overtime only at the end of the reporting period.

Processing payment procedure

Article 152 of the Labor Code of the Russian Federation states that processing is paid in the following order:

• the first two hours of work - 1.5 times;
• all other processed time is doubled.

These coefficients are the minimum indicators established by law. Organizational leaders may use higher numbers at their discretion.

With summarized accounting, the amount of the surcharge is determined at the end of each reporting period. For example, if the reporting period is a quarter, at the end of which the employee has four “extra” hours, the first two hours are paid at one and a half times the rate, the second two at double the rate.

For accurate calculation you need to know the hour tariff rate a certain specialist. If wage and so it is calculated at this rate, it is very easy to determine the amount of the surcharge.

When paying a salary, you can calculate the tariff rate using several methods:

• by dividing the established salary by the standard number of hours for one year;
• by dividing the established salary by the standard working hours in a certain month;
• when using summarized accounting - by dividing the salary by the average standard working time in the reporting period.

Other legislative nuances

Compensation for overtime can be made not only with money, but also with the provision of additional rest. This corresponds to the provisions of Article 152 of the Labor Code of the Russian Federation: overtime hours are paid as usual, and unscheduled days off are not paid.

It should be taken into account that compensation in money is a priority and is made by default.

If an employee wants to receive time off instead of money, he must inform his manager about this.

In practice this happens in the following order:

• the employee submits a written application requesting an unscheduled day off;
• in agreement with the manager, the time for additional rest is determined;
• the provision of a day off for overtime is secured by a corresponding order or regulation.

According to the law, rest time cannot be less or more than the time that was unnecessarily spent on work. So, if an employee works five hours, that is how many hours he can rest.

When organizing overtime work for “shift” employees, other provisions of the Labor Code of the Russian Federation should be taken into account. For example, the total overtime period should not exceed four hours for one person on two consecutive days and 120 hours per year. In addition, pregnant women, minors and persons combining study and work under apprenticeship contracts cannot work overtime.

It must also be remembered that, according to Art. 103 of the Labor Code of the Russian Federation, working two shifts in a row is prohibited even with the consent of the employee.

Working overtime is considered one of the options that allows you to earn extra money and earn additional income. Sometimes bosses offer to stay at work after hours in order to complete a previously assigned task. Many agree with pleasure, knowing that this will bring them a possible additional payment. The employer does not have the right to abuse such offers according to the Labor Code of the Russian Federation, violation of which is accompanied by financial penalties in the form of fines imposed on the enterprise.

The Labor Code of the Russian Federation is aimed at protecting workers' rights. It includes articles that regulate work beyond normal hours and prohibit employers from applying increased loads to their employees, which allows them to maintain their health.

The Labor Code of the Russian Federation has a separate chapter devoted to determining working time standards. Article 91 of the Labor Code of the Russian Federation states that with the usual organization of working time, the amount of hours worked cannot be more than 40 with a 5 or 6 day work week. If an employee has exceeded the time standard established in labor legislation, then all overtime hours are paid.

It is noted that overtime is work in which an employee is used by superiors in excess of the statutory hours approved by law. The initiative for such a presence in the workplace must necessarily come from management and have good reasons. Employees can be used for overtime work only when the consent of each of them has been obtained in writing. It is also necessary to have the approval of the trade union body of the enterprise.

The grounds on which it is possible to withdraw workers beyond standard hours may be as follows:

1. Completing the started task is required within certain strictly deadlines, failure to comply with which may result in loss or damage to the employer’s property.
2. If a break in work can lead to the creation of situations that pose a threat to health or even death, then there is a need to continue the previous actions taken. Previously planned activities were disrupted due to unforeseen circumstances and technical reasons.
3. Carrying out repairs and restoration of a building or equipment, which may subsequently lead to downtime for a significant number of employees.
4. If production is continuous and a shift worker does not show up, the employer may ask the employee to stay at work for a while. Management does not have the right to leave him on the full 2nd shift. Arrangements must be made to find an alternative solution.

There may be circumstances in which hiring employees to work overtime does not require their consent:

1. In the event of accidents or disasters at work to eliminate their consequences.
2. Employees of such areas that are vital for large quantity population, when the normal existence of people is disrupted: water supply, gas supply, electricity supply, heating, transport, communications.
3. In the event of emergencies, military situations or disasters associated with natural disasters, as well as fires, famine or epidemics.

Video - Overtime payment for summarized working hours

Who is prohibited from engaging in overtime work?

• pregnant women;
• minor citizens;
• workers with hazardous working conditions;
• disabled people of groups 1 and 2;
• women who have children under 3 years of age.

The last two categories, if necessary, can be withdrawn during additional hours, but they must sign 2 documents. The first is their consent to processing, and the second is that they have every right reject such an offer.

Time standards for different categories of workers

Any enterprise maintains standardized records of the time worked by each employee. Overtime is usually calculated by comparing the number of planned hours for a certain period and the hours that were actually worked. Usually a month is accepted for calculations, but a quarter or even a year is possible.

1. For minors under 16 years old - a 24-hour week, from 16 to 18 years old - a 35-hour week.
2. Under special working conditions associated with danger and harmful to health, a 30 or 36-hour week is approved.
3. For all other employees, the week is set at 40 hours.

Temporary restrictions on overtime hours

Legislatively defined restrictions on the use of workers overtime. The employer has the right to involve an employee in additional work for no more than 4 hours. Moreover, this should not happen more than 2 days in a row.

Every year the government of the country approves a production calendar, which sets standard hours for all categories of workers. The management of the enterprise must ensure that employees working shifts do not overwork more than 120 hours per year. If such a situation occurs, penalties will be imposed on the organization. According to Article 5.27 of the Administrative Code, for each violation, an official will be punished from 1,000 to 5,000 rubles, and an enterprise - from 30,000 to 50,000 rubles. It is possible to suspend the organization's activities for up to 90 days.

Important! In case of violations by the employer, an employee who has overtime exceeded 120 hours must receive full compensation for it.

Registration of overtime

There is no strictly established form for recording overtime hours. The following processing methods are recommended:

1. The written notice contains information about the reason for additional work, indicating the date and time during which the employee must perform it. This document is handed to the employee, which he signs, expressing his consent.
2. If several employees are being withdrawn, then it is wiser to draw up an order to involve them in overtime work. It specifies the basis for overtime, the date and time for each employee. There is a special column where a consent signature is placed.
3. Overtime must be noted in the timesheet in the form of a special designation “C” with the establishment of the number of overtime hours. Typically, forms approved by Rosstat or are used to maintain time records.

Important! An employer can protect itself from overtime-related issues. To do this you need to record in labor agreement condition on irregular working hours. By law, under this regime, no overtime hours are accrued.

Payment for processing

The Labor Code contains information about the established minimum for payments provided for employees working overtime. Tariffs for processing are set differently at each enterprise. They are fixed in the collective agreement or in the contract concluded with the employee. Moreover, these prices should not be less than those guaranteed under the Labor Code.

According to Article 152 of the Labor Code of the Russian Federation, when working on weekdays, the first two hours of overtime are calculated at one and a half times the rate, the next hours are calculated at double pay. Article 153 establishes the amount of pay for going to work on weekends and holidays. In this case, prices always increase by at least 2 times. There is an alternative to payment. If the employee agrees, he can get a day off on any other day he wishes. The remaining payment will be charged in a single amount.

Calculation example

If an employee is called to extra work on Tuesday for 4 hours, then the next time you can attract him to such work no earlier than Thursday. Payment for 4 hours worked on Tuesday will be calculated as follows:

1. If a salaried specialist is called to work overtime, you first need to find out the cost of one hour. With a salary of 25,000 rubles and a 168-hour balance, one hour costs 148.80 rubles. The first 2 hours of overtime are paid in the amount of 148.80*1.5=223.20 rubles, the other 2 hours – 148.80*2=297.60 rubles. The amount of payment for processing will be 520.80 rubles.
2. If an employee has a piece rate, then the calculation of the cost of overtime hours is determined from his tariff rates. Calculations are made by analogy with the first method.
3. In shift mode with a quarterly accounting period, the calculation is carried out as follows. When closing the accounting period, the actual hours worked for 3 months are summed up and compared with the balance of working hours for the quarter. If the fact exceeds the normative balance, then this difference is processing.