152 of the Labor Code of the Russian Federation. Overtime work: the nuances of attracting and paying for it. How overtime is paid to "shift workers"

Holidays are usually set at the state level. And going to work these days involves higher pay. Holidays include the following periods:

Days of New Year's holidays.
Christmas.
Defender of the Fatherland Day.
March 8.
Russia Day.
National Unity Day.

What the law says It is possible to involve employees in work on holidays or weekends without their consent in several cases:

When eliminating the consequences of an accident or natural disaster.
To eliminate the destruction of the employer's property.
When working in an emergency or martial law.

It is possible to attract people of the creative profession to overtime work, based on the list approved by the government. According to the law, on weekends and holidays it is prohibited to use the labor of disabled people and women who have children under 3 years of age.

Registration of overtime hours under article 153 or 152 of the shopping mall of the Russian Federation

ConsultantPlus: note. Art. 152 does not apply to employees whose labor activity associated with the implementation of the events of the FIFA World Cup 2018, during the period, 10 days before and after the events (Federal Law of 07.06.2013 N 108-FZ). (as amended by Federal Law of June 30, 2006 N 90-FZ) (see the text in the previous edition) Overtime work is paid for the first two hours of work not less than one and a half times, for subsequent hours - not less than double. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulation or an employment contract.

At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime. (as amended by Federal Law of 30.06.2006 N 90-FZ) (see.

Article 152 of the Labor Code of the Russian Federation. overtime pay

Calculations are performed as follows:

The price of one hour is calculated.
The resulting number must be multiplied by the number of hours worked on the holiday.
The final result is multiplied by 2.

Day off on a business trip. According to Article 153 of the Labor Code of the Russian Federation, if a business trip falls on a day off, calculations are made at a double rate. Or the employee may ask for an extra day off.

Creative professions Special conditions of payment are provided for workers in creative professions. This includes:

work in the media;
work in cinematography;
work on television, in the theater, in concert organizations, in the circus, etc.

§ 152. Payment for overtime work

The specific amount of additional pay for overtime work can be determined in a collective agreement, local regulation or in an individual labor contract. If, in a contractual manner or in a local regulatory act, the amount of surcharges for overtime work is not established, then they should be made in the amount specified in Art. 152 of the Labor Code of the Russian Federation. 5. Overtime work must be paid in an increased amount in any case, regardless of whether the established procedure for their production has been followed (see.

Part 2, Clause 6 of the Resolution of the Plenum The Supreme Court USSR dated November 24, 1978 "On the application by courts of legislation regulating the remuneration of workers and employees" (BVS USSR. 1979. N 1)). 6. Fundamentally new is the rule that allows compensation for overtime work by providing additional rest time - Art.

Art. 153 shopping mall rf. overtime pay

Overtime pay rules have remained unchanged for decades. 2. The amounts of increased wages provided for by Article 152 of the Labor Code of the Russian Federation when involved in overtime work (see the commentary to Article 99) are the minimum guarantee. They are applied in the event that a higher wage is not established by the collective agreement, local normative act, labor agreement.

It should be noted that for the local act establishing the amount of overtime pay, there is no procedure for taking into account the opinion of the representative body of employees, therefore, it is accepted solely by the employer. 3. The established rules for remuneration of overtime work are also applied to employees with irregular working hours, if for some reason they are not provided with additional leave(see commentary to Art. 119). 4.
Let's make the calculations:

Let's find out the earnings without taking into account additional outputs: (200-16) * 100 = 18 400 rubles.
We find out the surcharge: 16 * 100 * 2 = 3 200 rubles.
In total, the employee will receive 18,400 + 3,200 = 21,600 rubles.

Payment on holidays with a salary. Taking into account the provisions of Art. 153 of the Labor Code of the Russian Federation, payment for overtime work on holidays with a fixed salary is as follows:

The rate is calculated per day, excluding holidays.
This figure is multiplied by two if the days are over-normal. If the norm is not exceeded, payment is made in the amount of the tariff.
The total amount is the employee's earnings.

Shift work.

In this case, if the shift fell on an idle day, then it must be doubled.

Article 152-154

Attention

Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year. Overtime work is paid in an increased amount: for the first two hours in one and a half, and for the following hours - in double. It should be noted that labor legislation establishes the minimum amount of remuneration for overtime work, which can be increased by a collective or labor agreement or by a local act of the organization.

Info

In addition, overtime work can be compensated for by providing additional rest time (at least the time worked), but only with the consent of the employee. Another commentary on Art. 152 of the Labor Code of the Russian Federation 1. Article 152 of the Labor Code of the Russian Federation provides for the procedure for payment in case of work outside the normal working hours, ie.

overtime work.

Overtime work: clearance, payment, taxation

Overtime work is paid for the first two hours of work not less than one and a half amount, for the next hours - not less than double the amount. The specific amount of overtime pay may be determined by a collective agreement, local regulation, or an employment contract. At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime.
Part two is no longer valid. Article 153 of the Labor Code of the Russian Federation. Payment for work on weekends and non-working days holidays.

Overtime work is paid for the first two hours of work not less than one and a half times, for the next hours - not less than double. The specific amount of overtime pay may be determined by a collective agreement, local regulation, or an employment contract. At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime.

Part two is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Work performed in excess of the norm of working time on weekends and non-working holidays and paid in an increased amount or compensated by the provision of another day of rest in accordance with Article 153 of this Code shall not be taken into account when determining the duration of overtime work payable in an increased amount in accordance with part one of this article.

Comments to Art. 152 of the Labor Code of the Russian Federation

1. Overtime work - work performed by an employee on the initiative of the employer outside the established working hours, daily work(shift), as well as work in excess of the normal number of working hours for the accounting period.

Overtime work lengthens the working day and is detrimental to health. Constant overtime work has a negative impact on labor discipline, the authority of the organization, and leads to staff turnover. Overtime work is paid at an increased rate to compensate the employee for the increased labor costs during work.

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

3. If, in violation of the norms of the Labor Code, an employee worked 5 hours overtime in 1 day, then payment is made in accordance with Art. 152 TC: the first 2 hours - not less than one and a half times, and the next 3 hours - not less than double.

In many companies, it is periodically necessary to involve employees in overtime work. Overtime is considered to be work, the execution time of which exceeds the standards established by the Labor Code of the Russian Federation. At the same time, only those activities that are performed by the employee at the initiative of the employer are additionally paid. If the employee is on their own remains after work to complete any business, such work is not subject to the articles of the Labor Code of the Russian Federation on work in excess of the standards.

Leaders of organizations should not abuse the recruitment of employees to work beyond the norm.

This should only be done when absolutely necessary. Employees are required by law to confirm their consent to processing.

However, in some cases this is not required:

when overtime is needed to prevent a serious event that could have irreversible consequences;
when the restoration of critical life support systems depends on overtime;
with the introduction of martial law.

Payment for work in excess of the established standards

The procedure for paying for overtime work is spelled out in article 152 of the Labor Code of the Russian Federation. According to this article, the payment for excess work can be determined by labor, collective agreements or labor rules. If the amount and procedure for payment is not specified in these documents, compensation is made in accordance with the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation stipulates the following:

the first two hours of processing are paid in an amount that should not be less than 1.5 times the size;
subsequent hours of work in excess of the norm are paid in an amount that should not be less than double the amount.

Also, Article 152 establishes that, at the request of the employee, compensation may not be expressed in monetary form, but in the form of additional rest. Rest hours should be commensurate with overtime. In this case, the issue of providing rest must be agreed with the head of the organization.

Features of the application of article 152 of the Labor Code of the Russian Federation

In practice, the application of the coefficients of 1.5 and 2 when paying for overtime work is as follows. At hourly pay The first two hours of labor that have been overworked by the employee are paid in the amount of at least 50% of the hourly rate, the next hours - at least 100% of this rate. In case of piecework wages, the first two hours that have been processed by the employee are paid in the amount of at least 50% of the tariff rate, the next hours - at least 100% of this rate.

At their discretion, the heads of organizations can set higher coefficients - the Labor Code of Russia determines only the minimum rates, below which payments cannot be.

Article 152 overlaps with Article 153 of the Labor Code of the Russian Federation, which regulates the payment for processing on holidays. Thus, overtime activities performed on holidays are paid at least double.

Employees working on irregular hours do not receive monetary compensation for overtime work, as it is compensated by additional rest.

New edition of Art. 152 of the Labor Code of the Russian Federation

Part two is no longer valid.

Work performed in excess of the norm of working time on weekends and non-working holidays and paid in an increased amount or compensated by the provision of another day of rest in accordance with, is not taken into account when determining the duration of overtime work payable in an increased amount in accordance with part one of this article.

Commentary on Article 152 of the Labor Code of the Russian Federation

As we have already said, work outside the normal working hours can be carried out both on the initiative of the employee (part-time job) and on the initiative of the employer (overtime work). Part-time work is paid in accordance with the concluded employment contract, either depending on the time worked, or according to the actually manufactured products. A different payment procedure is provided for overtime work. Overtime work is work performed by an employee on the initiative of the employer outside of the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours, in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).

First of all, it is necessary to remind that according to general rule overtime work is not allowed. Engaging an employee to work overtime by the employer is allowed with his written consent in the following cases:

1) if necessary, perform (finish) the work begun, which due to an unforeseen delay in technical specifications production could not be performed (completed) during the working hours established for the employee, if non-performance (non-completion) of this work may result in damage or loss of the employer's property (including property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;

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

3) to continue work in the absence of a shift worker, 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 employee to work overtime by an employer without his consent is allowed in the following cases:

1) during 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 of water supply, gas supply, heating, lighting, sewage, transport, communication 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, 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, 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 engage pregnant women, employees under the age of eighteen, other categories of employees in overtime work in accordance with the Labor Code of the Russian Federation and other federal laws... Involvement of disabled persons, women with children under the age of three years, in overtime work, is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed 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 years, must be informed against signature of their right to refuse overtime work.

Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

Overtime work is paid at an increased rate: for the first two hours in one and a half, and for the following hours - in double. It should be noted that labor legislation establishes the minimum amount of remuneration for overtime work, which can be increased by a collective or labor agreement or by a local act of the organization. In addition, overtime work can be compensated for by providing additional rest time (at least the time worked), but only with the consent of the employee.

Another commentary on Art. 152 of the Labor Code of the Russian Federation

1. Article 152 of the Labor Code of the Russian Federation provides for the procedure for payment in case of work outside the normal working hours, i.e. overtime work.

For the concept of overtime work and the procedure for involving them, see Art. 99 of the Labor Code of the Russian Federation and a commentary to it.

2. Established in Art. 152 of the Labor Code of the Russian Federation, the rules on payment for overtime work apply to workers with standardized working hours.

3. Since overtime work is carried out outside the normal working hours, i. E. in conditions deviating from normal, its payment is made in an increased amount by establishing appropriate additional payments. Article 152 of the Labor Code of the Russian Federation establishes minimum size additional payments: the first two hours of overtime work are paid not less than one and a half amount, the next hours - not less than double the amount, i.e. the minimum amount of additional payments for the first two hours is 50%, for the next hours - 100% of the hourly tariff rate (salary).

4. The specific amount of additional payment for overtime work can be determined in a collective agreement, local regulation or in an individual labor contract.

If, in a contractual manner or in a local regulatory act, the amount of surcharges for overtime work is not established, then they should be made in the amount specified in Art. 152 of the Labor Code of the Russian Federation.

5. Overtime work must be paid in an increased amount in any case, regardless of whether the established procedure for their production was observed (see part 2 of paragraph 6 of the Resolution of the Plenum of the Supreme Court of the USSR of November 24, 1978 "On the application of legislation by the courts, regulating the wages of workers and employees "(BVS USSR. 1979. N 1)).

6. Fundamentally new is the rule that allows compensation for overtime work by providing additional rest time - Art. 152 of the Labor Code of the Russian Federation provides for the possibility, at the request of the employee, of providing him with additional rest time instead of increased payment, but not less than the time worked overtime.

The employee's desire to receive this type of compensation for overtime work must be expressed by him in writing, while the employer, if there is a corresponding application from the employee, is obliged to provide him with additional rest time. The time of use of this type of overtime compensation must be agreed by the parties.

Article 152 of the Labor Code of the Russian Federation does not establish the duration of additional rest time, limiting only its minimum limit: not less than the time worked overtime. The specific duration of this time can be set in the collective agreement, in the individual labor contract, as well as in additional agreement parties employment contract, concluded by them either when attracting an employee to overtime work, or when providing this type of compensation. Since Art. 99 of the Labor Code of the Russian Federation connects the involvement of an employee in overtime work with his written consent, it is advisable to determine in it the type of compensation, as well as the duration of additional rest time and the time of its use when the employee chooses this type of compensation.

Part two is no longer valid.

Work performed in excess of the norm of working time on weekends and non-working holidays and paid in an increased amount or compensated by the provision of another day of rest in accordance with, is not taken into account when determining the duration of overtime work payable in an increased amount in accordance with part one of this article.

Commentary on Art. 152 of the Labor Code of the Russian Federation

Since only the lower limit for overtime pay is determined by law (see commentary to), the specific amount of overtime pay can be established both by an employment or collective agreement, and by a local regulatory act with the possibility of providing additional rest in exchange for payment.

Second commentary on Article 152 of the Labor Code

1. The title of the article and its content have been changed. Now, this article only regulates the payment of overtime work, since the norm on payment for work outside the normal duration of the working hours, performed part-time, is excluded from this article.

2. Overtime is considered to be work performed by the employee on the initiative of the employer outside the established working hours of daily work (shift), as well as work in excess of the standard number of working hours for the accounting period. The duration of the working time is established by the internal labor regulations or shift schedules. The law provides for a certain procedure for engaging in overtime work, however, failure to comply with it by the employer does not entail restrictions on the employee's right to increased pay if he performed work on his order or with his knowledge in excess of the established duration of working hours. The work is considered to be performed on the order of the employer, regardless of whether such an order was given in writing or orally. The work is considered completed with the knowledge of the employer if he knew that the employee was doing it in excess of the established duration of working hours, but did not take measures to stop it.

Work is considered overtime regardless of whether the employee has been work time, exceeding the established duration, his main function or work that is not included in the scope of his official duties.

3. Payment for work in overtime for the first two hours at least in one and a half, and for the next hours - at least double the amount means that with a time-based wage system, for each hour of the first two, the employee is paid in addition to his basic earnings at least 50% of the hourly rate (earnings) , and for each next hour - at least 100% of this rate (earnings).

With a piece-rate system of remuneration, products produced during working hours in excess of the established duration are paid at normal piece-rate rates, and in addition, the employee is paid for each hour of the first two at least 50% of the hourly wage rate, and for each next hour - at least 100% this rate.

4. Art. 152 of the Code provides for the amount of remuneration for overtime work, below which it cannot be, since working conditions that worsen the employee's position in comparison with the law are recognized as invalid. They are also considered as such in cases where they are established by agreement of the parties to the employment contract or are provided for by a collective agreement. At the same time, pay clauses and collective agreements may impose higher remuneration for overtime work.

5. The rules of payment for overtime work, provided for in Art. 152, are also applied in the summarized accounting of working hours. In this case, overtime is the number of working hours worked in excess of the normal working hours for the accounting period. The number of overtime hours paid for at least one and a half amount is determined by multiplying two hours by the number of working days in the accounting period according to the 6-day calendar working week... The rest of the hours worked in excess of the norm are paid at least double.

6. Overtime work performed on holidays is paid in accordance with Art. 153 of the Labor Code of the Russian Federation at least in double the amount.

7. Unlike the Labor Code of the Russian Federation, Art. 152 provides for the possibility of compensation for overtime work at the request of the employee with additional rest, but not less than the time worked overtime. This means that the employer is obliged to pay an increased payment for overtime work, and its replacement with additional rest is possible when the parties to the employment contract agree on this.

8. For remuneration for work outside the normal duration of working hours, produced in combination, see the commentary to Art. 285 of the Code.