Overtime work should not exceed a day. Overtime work: specifics of registration and payment. Overtime limit
The Labor Code of the Russian Federation (Article 99) differentiates the cases when employees are attracted to work in excess of working hours:
- After obtaining the written consent of the subject - if it is necessary to repair the equipment, the malfunction of which may lead to the impossibility of performance labor functions a significant part of the team; if there is a risk of damage material values employer; if the employee's replacement did not appear, etc.
- After obtaining the written consent of the person, as well as in the presence of a medical opinion that the state of health allows such work - for disabled people and women with children under 3 years of age.
IMPORTANT! The rules for obtaining a medical document are approved by order of the Ministry of Health and Social Development of the Russian Federation dated 02.05.2012 No. 441n. - Without obtaining the consent of the person, for example, if the performance of work is necessary to prevent a catastrophe or eliminate its consequences (all grounds are listed in paragraphs 7-9 of article 99 of the Labor Code of the Russian Federation).
- After obtaining the consent of the employee and the trade union body - in all other cases.
The maximum amount that should not exceed the duration of overtime work
The maximum duration of overtime work is 120 hours within a year, and within 2 days in a row, overtime work under the Labor Code of the Russian Federation should not exceed 4 hours (the employer independently decides how to divide the 4-hour period between 2 days).
In addition, there is industry norms, introducing a specific maximum processing time. So, according to clause 23 of the Regulations on the specifics of the working hours and rest hours of car drivers, approved by order of the Ministry of Transport of Russia dated 20.08.2004 No. 15, the sum of the driver's working and overtime hours per 1 working day should not be more than 10, unless the delay in work does not threaten the property of the employer and is not caused by absenteeism or delay of the driver-replacement. In exceptional cases, it is possible to increase the duration of overtime work up to 12 hours.
The employer accurately takes into account the processing of any member of the team.
IMPORTANT! It is necessary to distinguish between irregular working hours (such a regime is fixed in local acts, an employment contract) and overtime work. For the first employee does not receive monetary compensation, and additional leave under Art. 119.
Payment for overtime hours in case of shift schedule and total accounting of working hours (2018 - 2019)
Art. 152 of the Labor Code of the Russian Federation establishes the basic principle of payment for overtime work: the first 2 hours - 1.5 times higher, further time - 2 times. Local acts companies, these indicators can be increased, but not decreased.
Example: if 3 hours of exceeding the norm took place in 1 working day, the first 2 hours will be paid in one and a half amount, and the last - in double, but if within 2 days - all the processing time is payable with an increase of 1.5 times.
NOTE! If the employee wishes, instead of making payments, overtime work can be compensated by additional rest, the duration of which cannot be less than overtime.
At the same time, overtime work is paid in the usual amount, and rest will not entail a revision of wages.
Difficulties in calculating wages are caused by cases when the organization maintains a summary record of working hours with a flexible schedule. The RF Armed Forces in the decision of 10/15/2012 No. AKPI12-1068 explained that overtime should be considered the time worked outside the shift, while with the summarized accounting of time, the activity after 2 hours should be paid for activities after 2 hours not within the accounting period, but 1 day ...
Law of 18.06.2017 No. 125-FZ art. 125 of the Labor Code of the Russian Federation was supplemented with part 3 - the latter brought beyond the framework of overtime work, work in excess of the norm on weekends and holidays paid in an increased amount.
Employers should strictly adhere to regulatory requirements for the procedure for attracting workers to overtime work, depending on the categories to which they belong, or the situation that led to the need for such work, as well as the duration of overtime. By special rules the calculation of payment for overtime work is carried out in cases where the organization maintains the summarized accounting of working hours.
The situation when an eight-hour working day with enviable regularity turns into a ten-hour day is familiar to many. Is recycling legal? How should overtime work be paid? And what to do in order not to work in excess of the norm “for the idea”?
When is work considered overtime?
Overtime is considered to be work that an employee does outside the established norm. Normal weekly working hours should not exceed 40 hours, i.e. five eight-hour working days a week.
Special cases are enterprises, the specifics of which require:
a longer work week, i.e. instead of five working days - six. But in this case, the total working hours should not exceed 40 hours per week.
longer daily work for certain types activities or professions, i.e. up to 12 hours a day. However, this requires a collective agreement and a minimum of 24 hours of rest after a 12-hour workday.
shortened working week, i.e. 4 or 4.5 working days a week. But in this case, the duration of one working day cannot exceed 10 hours.
shift work. For this, a shift schedule is established, while it is prohibited to work for two shifts in a row. The break between shifts cannot be less than twice the duration of the working time in the previous shift (including a break for meals). Workers must be familiarized with the shift schedule at least one month prior to its implementation.
In addition, there are certain categories of workers whose work regime requires compliance with special standards:
workers under the age of 16 must not work more than 5 hours a day;
workers between the ages of 16 and 18 must not work more than 7 hours a day;
workers employed in production with harmful conditions labor should not work more than 7 hours a day;
persons with disabilities. The length of the working day is established in accordance with the medical report. At the same time, persons with severe and pronounced disabilities should work no more than 30 hours a week.
All working regimes that exist at the enterprise must be spelled out in the internal labor regulations. Also, working hours and rest time are fixed in the collective agreement. If an employee enters into an individual labor contract, then it specifies the mode of work and rest, including the length of the working day and working week of the employee. And if the bosses involve an employee to work exactly outside the established norm, then such work is considered overtime.
And if you had to work on the weekend?
Work on weekends or holidays is not overtime. This is weekend work, the procedure for recruiting and compensation is determined differently. In this case, the employee can either receive payment or compensate for the worked day off with another free day.
How should overtime work be compensated?
If an employer offers an extra day off for overtime work, he is breaking the law. Overtime must be paid by law.
The calculation is performed as follows:
At time-based payment labor: the first two hours - not less than one and a half of the hourly basic wage established for the employee, the next hours - not less than double.
In case of piecework wages using the tariff system of payment: the first two hours - at least 50% of the tariff rate of a particular employee, the next hours - 100% of this tariff rate.
With piece-rate wages using tariff-free payment systems: the first two hours - at least 50% of the hourly guaranteed minimum wage in the real sector, subsequent hours - 100%.
What guarantees does labor legislation provide?
Firstly, overtime work is possible only with the consent of the employee, and in writing... This is a very important point, since it is on the basis of the relevant documentation that an overtime surcharge is charged. If you agree to stay to work additionally in response to a verbal request from management, then in the future it will be almost impossible to prove that you stayed up at work on your own initiative. For unscrupulous employers, a verbal agreement is a great excuse to leave you unpaid for overtime.
Second, the total number of overtime hours cannot exceed 120 hours in a calendar year. In exceptional cases, the duration of overtime work may be increased with the consent of the employee representatives to 240 hours per calendar year.
Third, the maximum working day in the case of overtime should not exceed 12 hours.
Can the employer do without the employee's consent?
Yes, but only in exceptional (emergency) cases: for work in order to defend the country, prevent an industrial accident, eliminate the consequences of an industrial accident or natural disaster; for work to eliminate unforeseen situations that may disrupt the normal functioning of water and power supply services, sewage, postal services, communications and informatics services, communications and public Vehicle, fuel distribution plants, medical institutions.
In all other cases, there must be a written order from the employer and the written consent of the employee.
Who Can't Be Involved in Overtime Work?
The employer has no right to force employees under the age of 18 and pregnant women to work overtime.
Special cases. If the employer wants to involve people with disabilities in overtime work; a parent (guardian, curator) who has a child under the age of six or a child with disabilities; as well as an employee who is caring for a sick family member on the basis of a medical certificate, he is obliged to familiarize these employees in writing with their right to refuse overtime work. If the specified categories of employees agree to work overtime, then a written order from the management and a written consent of the employee must be issued.
Is it okay to stop working overtime?
Except in emergencies, the employee may refuse to overwork. At the same time, the employer does not have the right to apply any sanctions to him, including disciplinary ones. Work in excess of the norm is possible only when consent to stay after work is received from the employee himself, and this consent must be formalized in writing.
What if the employer refuses to pay overtime?
If, instead of paying for overtime, you are fed verbal thanks and rant about “company loyalty,” you need to contact the State Labor Inspectorate. If you prove the fact of overtime work, then the payment for these hours will be demanded from the employer. In practice, few employees take advantage of this opportunity to protect their legal rights. Of the 1,867 complaints received by the State Inspectorate for the period from January to September 2017, only 2% related to the problem of violation of the labor regime. Why do few people dare to complain when it comes to unpaid overtime?
One of the main reasons is the lack of an evidence base. Especially when it comes to working in private companies. Here the principle “whoever does not like, let him go” applies. Refusal to work after a working day is considered bad form. Nobody requires a written order and, moreover, the written consent of the employee. As a result, the employee sits up late "for the idea", and when his patience is exhausted, it is almost impossible to prove that the overtime hours were not his initiative, but the insistence of the management. As explained in State Inspection labor, if there is no relevant documentation, you can write a complaint, but it is unlikely that it will be possible to prove anything. Only other colleagues who witnessed your conversation with your superiors can help. Although, as practice shows, there are usually no witnesses to verbal agreements, and if they are, then they do not particularly want to speak on your side, so as not to spoil own relationship with guidance.
Another option is to go to court. However, there are also pitfalls here. “There is no Labor Tribunal in Moldova, therefore, litigation can last 3-4 years,” the GIT notes. "The court's decision can also be challenged by the employer, and litigation will wander from instance to instance."
Are reluctant to complain about unpaid overtime workers and because they do not want to spoil relations with their superiors or are afraid of being fired for not wanting to work for the good of the company for free.
Working hard doesn't mean being efficient
Overtime work does not provide long-term effectiveness. A period of high performance is followed by a decline. According to managers in Switzerland, Germany and France, employees who work 10 hours or more lose their productivity and start making mistakes. According to American researchers, the percentage of errors by the end of an eight-hour working day grows on average by 10%, but by the end of a ten-hour working day - by 28%.
Many institutions in the course of their activities need from time to time to involve their employees in overtime work. In this article, we will remind you how to properly involve employees in such work, which of the employees it is contraindicated, and also tell you how to pay overtime, taking into account the latest explanations of the Ministry of Health specialists (Letter dated 02.07.2014 No. 16-4 / 2059436 "On remuneration for overtime work ").
Recall that according to Art. 99 of the Labor Code of the Russian Federation Overtime work is work performed by an employee on the initiative of the employer outside 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.
The nuances of attracting employees to overtime work
The employer must remember that 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. So in Art. 99 of the Labor Code of the Russian Federation foreseen cases in which it is necessary to obtain the written consent of the employee to engage him in overtime work :- 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 the failure to perform (non-completion) of this work may result in damage or loss of the employer's property (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 create a threat to the life and health of people;
- when performing temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause the termination of work for a significant number of employees;
- to continue work in the absence of a shift worker, if the work does not allow a break. In this case, the employer is obliged to immediately take measures to replace the shift with another employee.
- disabled people;
- women with children under the age of three.
Persons with disabilities and women with children under the age of three must be informed by signature of their right to refuse overtime work.
We draw your attention to categories of citizens who cannot be involved in overtime work ... This is:
- pregnant women;
- workers under the age of 18, excluding creative workers of funds mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. This list is approved Decree of the Government of the Russian Federation of April 28, 2007 No. 252 ;
- employees during the period of the apprenticeship agreement ( h. 3 tbsp. 203 of the Labor Code of the Russian Federation);
- other categories of workers in accordance with the Labor Code and other federal laws.
- when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
- when performing publicly 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;
- when carrying out 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 (in case of fire, flood, hunger, earthquake, epidemic or epizootic) and other cases that put under a threat to the life or normal living conditions of the entire population or part of it.
Workers with irregular working hours are not paid hours worked in excess of the standard working hours, as they are compensated additional leave (Rostrud letter dated 07.06.2008 No. 1316-6-1 ).
The nuances of overtime pay
The procedure for payment of overtime work is established Art. 152 of the Labor Code of the Russian Federation... This article provides that 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. In this case, the specific amounts of remuneration for overtime work can be determined by a collective agreement, local regulation or an employment contract.In addition, as stated in this article, at the request of the employee, overtime work instead of increased pay can be compensated by providing him with additional rest time, but not less than the time worked overtime.
We would like to draw your attention to one nuance related to the additional payment for overtime work with the summarized accounting of working hours. The position of employees of the Ministry of Health and Social Development, presented in Lettersfrom 31.08.2009 No. 22-2-3363 , is as follows: with the summarized accounting of working hours, the additional payment for overtime work is made at the end of the accounting period.
However, in Decision of the RF Armed Forces of 15.10.2012 No. AKPI12-1068 it was recognized that such a provision contradicts clause 5.5 of the Recommendations on the Application of Flexible Working Time Regimes at Enterprises, Institutions and Organizations of Sectors of the National Economy, approved by Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12-55 dated 05/30/1985, according to which, in the case of overtime work by persons transferred to the flexible working time regime, hourly records of these work are kept in total in relation to the established accounting period (week, month), that is, only hours worked in excess of the established for this period are considered overtime working time norms. Their payment is made in accordance with the current legislation: in one and a half amount - for the first two hours, on average for each working day of the accounting period, in double amount - for the remaining hours of overtime work. Thus, if an employee, for example, worked overtime for 30 hours (14 working days of the accounting period), he will be paid 28 hours (14 days x 2) in one and a half amount, and two hours - in a double amount.
Here is an example of calculating the salary for overtime work for an employee who is assigned hourly payment labor, taking into account the decision of the RF Armed Forces.
Example.
An employee of the institution has a summarized record of working hours. Accounting period - month, duration work shift- 12 hours. This employee has an hourly wage of 180 rubles per hour. In August, he worked 14 shifts, which corresponds to
168 hours - normal working hours production calendar for August 2014. In addition, in the same month due to production necessity 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 per month, total amount 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 / h x 6 h x 1.5).
As for the procedure for calculating the hourly tariff rate from the established monthly rate, we draw your attention to the explanations of the employees of the Ministry of Health given in Letter dated 02.07.2014 No. 16-4/2059436 ... In it, they provide answers to the following questions: how is the hourly rate calculated to calculate the overtime co-pay medical professionals working according to the schedule (over the course of the year, in some months, overworking or shortfalls from the standard working hours according to the production calendar is possible), is it legal to use average annual cost one hour?
So, the Ministry of Health noted that Art. 152 of the Labor Code of the Russian Federation does not establish the procedure for determining the minimum one and a half and double the amount of overtime pay. In his opinion, when paying for overtime work, you can use the rules Art. 153 of the Labor Code of the Russian Federation, according to which the minimum double payment is a double tariff excluding compensation and incentive payments.
In addition, officials indicated that specific amounts of overtime pay may be determined by a collective agreement, local regulation or employment contract. One and a half and double payment may include all allowances and additional payments established in the organization, or some of them.
The letter also noted that the current legislation does not provide for the procedure for calculating the hourly wage rate from the established monthly rate in order to pay for overtime work. Thus, according to employees of the Ministry of Health, it is advisable to calculate the hourly tariff rate by dividing assigned to the employee salary for the average monthly number of working hours, depending on the established duration of the working week in hours. This means that the average monthly number of working hours (for example, at a 36-hour working week) is calculated by dividing the annual norm of working time in hours by 12. Thus, in 2014, the average monthly number of working hours with a 36-hour work week will be 147.7 hours (1,772.4 h / 12).
The Ministry of Health argues this approach to determining the average monthly number of working hours by the fact that this procedure for calculating a part of the salary per hour of work to pay for overtime work (at night or on non-working holidays) allows you to receive the same pay for an equal number of hours worked in different months.
This procedure for calculating the hourly wage rate from the established monthly salary must be enshrined in a collective agreement, agreement or local regulation.
Here is an example of calculating the salary for overtime work for an employee who has a salary.
A summarized record of working hours has been established for the doctor. The accounting period is a month, the duration of the work shift is 12 hours. His monthly salary is 18,000 rubles. In August, the doctor worked 13 shifts, which is 156 hours. We will calculate the remuneration for overtime work, provided that such work in the institution is paid for the first two hours in one and a half amount, and for the next hours - in double.
Based on the 2014 production calendar, with a 36-hour work week in August 2014, normal working hours are 151.2 hours. The doctor this month worked 13 shifts of 12 hours, which amounted to 156 hours per month. This means that he worked 4.8 hours overtime (156 - 151.2). In 2014, the average monthly number of working hours with a 36-hour work week will be 147.7 hours (1,772.4 h / 12).
Consequently, the employee's hourly salary will be 121.87 rubles. (18,000 rubles / 147.7 h). Thus, overtime pay will be equal to 1,048.08 rubles. ((121.87 rubles x 2 hours x 1.5) + (121.87 rubles x 2.8 hours x 2)).
In conclusion, note that Art. 152 of the Labor Code of the Russian Federation installed minimum dimensions overtime pay. An institution in its local regulatory act may establish other amounts of payment for such work, but not lower than those provided for by the Labor Code. In addition, the institution may establish in a local regulatory act the procedure for calculating the hourly wage rate from the established monthly salary in order to pay for overtime work, since this is not provided for by current legislation. We also remind that the additional payment for overtime work is part of the employee's salary, therefore, it is subject to personal income tax and insurance contributions to extra-budgetary funds ( clause 1 of Art. 210 Tax Code, h. 1 tbsp. 7 of Law no. 212-FZ).
* Shift work
* Part-time working hours
* Work time women and people with family responsibilities
* Work on a rotational basis
* Flexible schedule work
* Time relax
* Work on weekends and holidays
* Time sheet
* Day off or truancy? Subtleties of design
Overtime work concept
The employer has the right, in accordance with the procedure established by the Labor Code of the Russian Federation, to attract an employee to work outside the working hours established for this employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts Russian Federation, collective agreement, agreements, local regulations, labor agreement:- for overtime work (Article 99 of the Labor Code of the Russian Federation);
- if the employee works on irregular working hours.
Article 99 of the Labor Code of the Russian Federation defines overtime as work performed by an employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative recording of working hours - in excess of the normal number of working hours for the accounting period.
Unlike the previous legislation, overtime work is now allowed not only under emergency circumstances (accident, natural disaster, socially necessary work on water supply, heating, lighting, etc.), but also in other cases, if such a need arises.
The procedure for engaging in overtime work. Overtime pay
Overtime work, along with irregular work, is one of the options for working outside the established working hours for the employee.Feature of overtime is that it is carried out at the initiative of the employer... If the initiative for processing belongs to the employee, then we will talk about part-time jobs.
Overtime work- work performed by the employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized recording of working time - in excess of the normal number of working hours for the accounting period.
In cases where the summarized recording of working hours is established, the employer must determine in the internal labor regulations the accounting period (month, quarter or other period up to a year). This is necessary for the correct calculation of the hours worked by the employee overtime (Article 104 of the Labor Code of the Russian Federation).
Wherein working time norm for the accounting period should be equal to the norm established for the relevant category of workers, but not exceed 40 hours per week.
Overtime standards apply to both workers at the main place of work and part-time workers.
Involvement in overtime work should not be systematic, it can occur sporadically in certain cases (Rostrud letter of 07.06.2008 N 1316-6-1). In accordance with Part 6 of Art. 99 of the Labor Code of the Russian Federation overtime for two consecutive days cannot exceed four hours.
Currently, the Labor Code of the Russian Federation recognizes three main procedures for engaging in overtime work:
with the written consent of the employee;
without the written consent of the employee;
with the written consent of the employee and taking into account the opinion of the primary trade union organization.
Engaging an employee to work overtime by the employer is allowed with his written consent. in the following cases.
- If necessary, perform (finish) the work started, which, due to an unforeseen delay in the technical conditions of production, could not be performed (finished) during the working time established for the employee. Involvement of an employee in overtime work in this case is due to the fact that 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 pose a threat to the life and health of people.
- When performing temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause the termination of work for a significant number of workers.
- To continue work in the absence of a shift worker, if the work does not allow for a break. In these cases, the employer is obliged to immediately take measures to replace the employee with another shift.
Hiring an employee by an employer to work overtime without his consent allowed in the following cases:
When performing work necessary to prevent a catastrophe, industrial accident, or eliminate the consequences of a catastrophe, industrial accident or natural disaster.
When performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems.
When performing 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 a threat to the life or normal living conditions of the entire population or part of it.
In other cases overtime work allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
Involvement in overtime work is prohibited
- pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);- persons under the age of 18 (with the exception of creative workers of the media, cinematographic organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (display) of works, The list of professions and positions of which is approved by the Decree of the Government of the Russian Federation of April 28, 2007 N 252) (Article 268 of the Labor Code of the Russian Federation);
- employees during the period of validity of the apprenticeship agreement (part 3 of article 203 of the Labor Code of the Russian Federation);
- other employees (for example, who have a shorter working time).
When attracting certain categories of employees to overtime work, the employer must (part 5 of article 99 of the Labor Code of the Russian Federation):
obtain written consent from the employee;
make sure there are no medical contraindications;
to acquaint employees, against signature, with the right to refuse to perform overtime work.
These workers include (part 5 of Art. 99, Art. Art. 259, 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 family members in accordance with a medical report;
guardians (curators) of minors.
Features, conditions, the procedure for attracting athletes to overtime work and coaches, including persons under the age of 18, can be established by collective agreements, agreements, local regulations (part 5 of article 348.1, part 3 of article 348.8 of the Labor Code of the Russian Federation).
The only one an exception to this rule, in accordance with Article 268 of the Labor Code of the Russian Federation, there are cases when minors are engaged in creative activities in the media, cinematography organizations, theaters, theater and concert organizations, circuses or are other persons involved in the creation and (or) performance of works. At the same time, the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations should be taken into account.
Labor legislation also establishes another list of citizens whose rights are specially protected. When notifying people with disabilities, women with children under the age of three, as well as mothers, fathers raising children under the age of five without a spouse, employees with disabled children or caring for sick family members, fathers raising children without a mother, and guardians (trustees) of minors in the document must be made aware of their right to refuse overtime work on receipt.
Special overtime restrictions provided by article 329 of the Labor Code of the Russian Federation for workers transport organizations whose work is closely related to the management of sources of increased danger. Employees whose work is directly related to the movement of vehicles are not allowed to work outside the established working hours for them in a profession or position directly related to the movement of vehicles. The list of professions (positions) and jobs directly related to the movement of vehicles is approved in accordance with the procedure established by the Government of the Russian Federation.
Overtime work must not exceed for everybody an employee four hours on two consecutive days and 120 hours a year and the employer must ensure that each employee's overtime is accurately recorded.
Overtime is paid: for the first two hours of work - not less than one and a half size, for the next hours - not less than twice. Specific amounts of overtime pay can be determined by a collective agreement, local regulation or employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by the provision of additional rest time. The time of such rest should not be less than the time worked overtime.
For registration engaging an employee in overtime work necessary issue an order. Unified form such an order has not been approved, therefore the employer has the right to develop it independently. In the order, it is necessary to indicate the reason for involving the employee in overtime work, the date of the start of work, the last name, first name, patronymic of the employee, his position and the details of the document in which the employee agreed to be attracted to such work.
If the amount of additional payment is established by a collective agreement or other local normative act, then it is possible to indicate this amount in the order. The amount can also be determined by agreement of the parties. If the employee has decided on the form of compensation (increased pay or additional time rest), this item is also included in the order. It is necessary to familiarize with the order of the employee against signature.
If the employee agreed for overtime work and got acquainted with the corresponding order, but did not start work without good reason, his can be attracted to disciplinary action taking into account the requirements for this procedure.
At the request of the employee, payment for engaging in overtime work can be replaced with additional rest time... Rest time cannot be less in duration than overtime. Thus, if an employee has worked four hours overtime, the additional rest time granted to him as compensation must be at least four hours.
Employer, as a person responsible for the organization of labor, should not allow situations when employees, due to the volume of duties assigned to them, constantly remain at the workplace at the end of the working day. In turn employees are obliged comply with the Internal Labor Regulations, including the norms on the duration of working hours (Article 21 of the Labor Code of the Russian Federation). Compliance with these two conditions will allow avoiding controversial situations regarding the payment of overtime work to an employee who remained at work on his own initiative.
It is advisable to familiarize and bring to the employees of the organization against signature the letter of Rostrud dated 18.03.2008 N 658-6-0, in which it is determined that this work should not be paid in an increased amount, nor taken into account when determining the hours worked.
In case of violation of the procedure for attracting an employee to overtime work, the employer is liable in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.
Labor legislation on the territory of the Russian Federation quite diversified discloses the issues of implementation labor activity.
At the same time, the fulfillment of all its requirements is strictly obligatory. Especially when it comes to such difficult aspects of activities as overtime.
What it is
Today, the term "overtime" refers to the performance of a certain work activity in excess of the norm established by the relevant contract.
The main condition is the availability of appropriate initiative on the part of the employer. If it is absent, then this kind of work is not overtime.
Moreover, this kind of work can be divided into two main categories:
- without the consent of the employee;
- with the written consent of the employee.
At the moment, a special category of overtime work is one that should be carried out regardless of the presence or consent of the employee himself to carry out this kind of activity.
This kind of work today, according to the current legislation, includes:
- the performance of any work to eliminate man-made or natural disasters, accidents at industries hazardous to humans;
- when performing work to eliminate problems in the operation of some communication systems:
- transport;
- connection;
- water supply;
- sewerage;
- heating;
- gas supply;
- if the need to fulfill certain work required due to the imposition of a state of emergency / martial law;
- work required due to major disasters:
- epidemics;
- fires;
- thunderstorms;
- earthquakes and more.
All work related to the above situations is strictly mandatory. There are no alternatives.
According to labor law, the employee is obliged to fulfill everything required of him by the employer in the above situations.
This kind of work at the moment includes the following:
- if, for any technical reason or otherwise beyond the control of the employee and the employer, certain work was not performed during the working hours established by the labor agreement;
- if it is necessary to repair structures and devices, the non-working condition of which will lead to the termination of the work of a very large number of employees;
- for some reason, an employee who is a shift worker did not appear at the place of work - if the work performed in production does not allow for a break.
It is important to remember that in some cases, when engaging in work, it is necessary to take into account the opinion of the trade union body. But, at the same time, the negative decision of the trade union does not matter.
At the same time, the consent of the employee himself is strictly required. If there is no such in writing, then there is simply no right to involve him in this kind of activity.
Today is not a job of the type in question:
It is not a job of this type if the daily duties on some working days exceed the duration of the shift established by a special schedule.
Taking into account all the points outlined above, the employer will need to form the amount of payment for his specific employee. If you have any difficulties, you should consult with a qualified lawyer.
Overtime work under the Labor Code of the Russian Federation
One of the most important points Today, for many citizens, the following is: can overtime work be compensated by additional rest?
This and all other issues are considered in maximum detail in special legislation. Normative legal document() is fundamental, you should focus on it first of all.
The most significant NPDs in the Labor Code of the Russian Federation are the following articles:
The employer should always focus on last edition Labor Code of the Russian Federation. It is important to remember that violation of labor laws can lead to the imposition of not only administrative, but, in some cases, criminal liability.
IN recent times the labor inspectorate and other similar regulatory bodies exercise close control over the activities of employers.
How is compensated
The issue of overtime payment is disclosed in sufficient detail directly in the Labor Code of the Russian Federation.
Payment rules are established by article 152 of the Labor Code of the Russian Federation and are as follows:
- the first two hours of overtime are paid at the standard wage multiplied by a multiplier of 1.5;
- all other hours of work following the first two are paid using a factor of 2.
At the same time, the amount of payment for overtime work can also be regulated by the following internal documents from the employer:
- collective agreement;
- local regulatory legal act;
- an employment agreement directly concluded with the employee.
But it should be remembered that the provisions of the above documents regulating wages and other conditions for performing overtime work should not worsen the situation of the employee.
This moment reflected in the current on the territory of the Russian Federation labor law... If any such violations take place, this automatically makes the document invalid, null and void.
It is in the employer's interest to observe the lawfulness of employing its employees in overtime work.
Otherwise, enough serious problems with the law. Up to deprivation of the right to engage in a certain type of activity. The situation is similar with payment.
It must take place in full. It is prohibited to force an employee to do overtime work. There are only a limited number of cases in which it is allowed to involve an employee, regardless of his consent.
How limited throughout the year
The very fact of involving an employee in overtime work is permitted by law. But at the same time, there are certain time limits. They extend to one calendar year... Exceeding them is not allowed.
At the moment, the following main restrictions are established on performing work in such a mode:
- exceeding the standardized working time for 2 consecutive days should not exceed 4 hours;
- the total number of overtime working hours must not exceed 120.
One of the employer's obligations is to keep track of all overtime as accurately as possible.
Since later on the basis of this accounting will be formed wage, overtime pay. Also, this kind of accounting is strictly required for accounting and tax reporting.
If, for some reason, the time limit for engaging in overtime work has been exhausted, then the employer does not have the right to engage the employee in the future.
If there is a need for implementation additional work, which employees cannot cope with during normal hours for some reason, the situation should be resolved in other possible ways.
Violation of the limits established by law threatens the employer with administrative liability in accordance with applicable law.
Duration
Overtime is currently limited. The main reasons for this are the following:
- increased energy consumption on the part of the employee;
- reducing the amount of time allotted for sleep, rest and other necessary actions.
The issue of limiting the permissible amount of time involving overtime work is reflected in the Labor Code of the Russian Federation.
According to statistics from other countries (in particular the UK), people who are often involved in overtime work often suffer from cardiovascular diseases. The risk of a heart attack and other serious diseases is also quite high.
It is on the basis of these statistics, as well as medical recommendations, that certain restrictions have been established on the duration of overtime work.
Exceeding the established limits is allowed only when performing overtime work in cases where the written consent of employees is not required. For example, this is the elimination of the consequences of natural disasters, as well as various other difficult situations (emergency situations).
Difference from irregular working hours
The term "irregular working day" means the need to perform any specific work outside the working day.
Also, in some cases, you should definitely do it more intensively. Subsequently, all this is compensated by agreement between the employee and his employer.
Such a phenomenon as irregular working hours is regulated by separate articles of the Labor Code of the Russian Federation.
The main regulatory documents are as follows:
- Art. No. 101 of the Labor Code of the Russian Federation;
- Labor Code of the Russian Federation.
An important difference between irregular working hours and overtime work is that the employer does not have the right to engage in tasks not specified in the employment contract.
At the same time, when working overtime, it is possible to involve in the performance of various tasks. Regardless of whether they are present in the employment agreement or not.
Also, the very fact of having an irregular working day is necessarily fixed in the concluded labor agreement.
Engaging in overtime work does not require this. This moment is announced directly in Labor Code RF. Therefore, there is no need to prescribe this moment in the contract concluded between the employee and the employer.
But, at the same time, to perform overtime work implies the written consent of the employee himself. The irregular working day is prescribed initially in the employment contract.
Therefore, the employee gives consent to work in this way at the time of signing the agreement. Both overtime and irregular working hours must always be accounted for directly by the employer and must be paid accordingly.
It is imperative for the employee and the employer himself to familiarize themselves in advance with all the most significant differences between the two designated concepts. This will allow you to avoid the emergence of all sorts of difficult and even conflicting moments, litigation.
Can disabled people be involved
It should be remembered that the right of the employer to engage certain categories of workers in overtime work is limited by current legislation.
For example, under no circumstances is it allowed to involve the following categories of citizens in work of the type under consideration:
- if the employee is less than 18 years old;
- if the employee is a pregnant woman;
- employees of other categories that are reflected in federal legislation.
At the same time, the involvement of disabled people in overtime work, as well as women who have children under the age of 3 years, is allowed only with written consent, regardless of the type of work. A prerequisite is the absence of any contraindications to overtime work.
For each time overtime work is performed, it will be necessary to draw up a separate, special order. It is not allowed to form one order for any certain period... Compliance with this rule is strictly required.
Regardless of the nature of the work performed, the employer is obliged to provide the employee with a choice of compensation: in the form of an additional payment or the provision of additional rest time.
Overtime is usually an emergency measure and is not used frequently by employers. But often the involvement in the performance of such work takes place on an illegal basis. If such incidents are found, the employee must definitely contact the labor inspectorate.
Video: Working outside of working hours
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