Labor Code, processing: the most necessary nuances in the concept. How are overtime paid under the Labor Code? Overtime pay: Labor Code of the Russian Federation

Overtime work is considered one of the options that allow you to earn extra money, get additional income. Sometimes the boss offers to stay at work after hours to finish the assignment received earlier. Many gladly agree, knowing that this will bring them a possible surcharge. According to the Labor Code of the Russian Federation, the employer does not have the right to abuse such offers, the 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 the rights of workers. It includes articles that regulate work in excess of the normal time, prohibit employers from applying increased loads on their employees, which allows them to maintain their health.

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

It is noted that overtime is recognized as work in which an employee is used by superiors in excess of the normative hours approved by law. The initiative of such a stay at the workplace must necessarily come from the management and have good reasons for this. The use of employees for overtime work is possible only when the consent of each of them in writing is obtained. 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 at excess time may be as follows:

It is required to complete the started task within certain strictly established deadlines, in case of non-observance of which, loss or damage to the property and property of the employer is possible.
If a break in work can lead to the creation of situations that threaten the health or even death of people, then there is a need to continue the previous actions taken. Previously planned activities were disrupted due to unforeseen circumstances and technical reasons.
Repairing and refurbishing a building or equipment that may result in downtime for a significant number of employees.
With continuous production and the non-appearance of the shift, the employer may ask the employee to stay at work for a while. Management does not have the right to leave him for a full 2nd shift. Measures must be taken to find an alternative solution.

There may be circumstances in which the involvement of employees in overtime work does not require their consent:

In case of accidents or catastrophes at work to eliminate their consequences.
Employees of such areas that are vital for a large number of the population, in violation of the normal existence of people: water supply, gas supply, electricity supply, heating, transport, communications.
In the event of emergencies, military situations or disasters associated with natural disasters, as well as fires, famine or epidemics.

Video - Overtime payment with summarized accounting of working hours

Who is not allowed to work overtime

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

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

Time limits for different categories of workers

At any enterprise, a normalized record of the time worked by each employee is kept. Overtime is usually calculated based on a comparison of the number of planned hours for a certain period, and those hours that were actually worked out. Usually, a month is taken for calculations, but a quarter, and even a year is possible.

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

Overtime Time Limits

Legislation defines 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. And this should not happen more than 2 days in a row.

Every year, the country's government approves the production calendar, which sets standard hours for all categories of workers. The management of the enterprise must ensure that employees working in shifts do not have more than 120 hours of overtime per year. If such a situation occurs, penalties will be imposed on the organization. According to Article 5.27 of the Code of Administrative Offenses, 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 activities of the organization for up to 90 days.

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

Overtime registration

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

The written notification contains information about the reason for the additional work, the date and time during which the employee must perform it. This document is handed to the employee, which he signs, expressing his consent.
If several employees are withdrawn, then it is more reasonable to draw up an order to involve them in overtime work. It signs the basis for processing, the date and time for each employee. There is a special column where the consent is signed.
Processing should be noted in the report card in the form of a special designation "C" with the establishment of the number of overtime hours. Usually, forms approved by Rosstat or are used to maintain time records.

Important! An employer can protect itself from issues related to processing. To do this, it is required to fix the condition on irregular working hours in the labor agreement. Under this regime, no overtime hours are charged.

Payment for processing

The Labor Code contains information on the established minimum for payments provided for the exit of employees in excess time. Tariffs for processing are set at each enterprise. They are fixed in a collective agreement or in a contract concluded with an employee. At the same time, these rates should not be less than those guaranteed under the Labor Code.

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

Calculation example

If an employee is called for additional work on Tuesday for 4 hours, then the next time he can be involved in such work no earlier than Thursday. Pay for 4 hours worked on Tuesday will be calculated as follows:

If a specialist who is on a salary is called for overtime work, then first you 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 processing 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.
If the employee has a piecework wage, then the calculation of the cost of overtime hours is determined from his tariff rates. The calculations are made by analogy with the first method.
In case of a shift regime with a quarterly accounting period, the calculation is carried out as follows. When the accounting period is closed, 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.

The Labor Code of the Russian Federation determines the daily number of working hours. However, the employer is authorized to extend the working day if necessary. In this case, we are talking about recycling.

Remember that the rights of workers must be respected at the legislative level. You can learn more about the basics of labor protection in the Russian Federation. And then we will consider the issue of processing.

According to the Labor Code of the Russian Federation, the daily norm of working hours should not exceed (Article 94 of the Labor Code of the Russian Federation):

4-6 hours - for minors working during holidays;
2-4 - for citizens receiving secondary or higher education and combining study with work;
8 hours with a 36-hour week for employees of enterprises with dangerous or harmful working conditions, with a 30-hour week - 6 hours;
12 - with a 36-hour week for employees of enterprises with moderate indicators of working conditions.

According to article 97 of the law in question, processing or overtime work is the performance of work in excess of the established schedule and norm. The initiator of the processing is the leading party.

Issues revealing the principles of introducing processing are regulated article 99 of this code. According to the content of the article under consideration, in a number of cases, an employee cannot be involved in overtime work against his will. The employee's consent to processing is recorded in writing and sealed with his personal signature.

The reasons for hiring an employee for processing may be as follows:

If there is an urgent need to complete previously started, but not completed for production reasons, important work;
In case of forced repair of mechanisms and structures, the failure of which may lead to a global suspension of the work process;
In case of non-appearance of the replacement employee, if the performance of work is continuous.

By law, the employer is authorized to oblige an employee to perform overtime work without the written consent of such, if the employee's participation is required:

In operational actions to prevent a catastrophe and abolish the danger of an emergency;
In order to abolish violations in the supply of heat, hot and cold water, natural gas;
In cases of saving the lives of citizens under a state of war or a state of emergency.

In all other cases forced involvement of employees in processing is unacceptable. The appointment of overtime work for any reason is not lawful in relation to pregnant women and underage employees.

Like other federal laws, the current Labor Code of the Russian Federation regularly undergoes the necessary amendments. Recent changes in the provisions of this law regulating the nuances of processing, submitted June 19, 2017. The Federal Law “On Amendments to the Labor Code of the Russian Federation” became the amending document.

The introduced amendments to the Labor Code of the Russian Federation determine the rules for accounting for overtime work and additional hours. At the same time, it is clarified that the payment for processing should be increased.

Post by blog editor Ilya Varlamov, who complained about constant overwork and lack of vacation, as well as the answer of the blogger himself in the spirit of “whoever doesn’t like it, let him leave.” And although the law provides for overtime for people with a normalized schedule only in emergency cases, obliging the employer to pay overtime, things are exactly the same in many Russian offices. In the process of preparing the next important project, employees sit up late "for the idea." With the help of The Village experts, I figured out why this is happening and how to deal with the need to stay up late at work.

Is it worth agreeing to processing

Anastasia Knyazeva

Analyst, personnel holding Ankor

It's worth agreeing to work overtime if the time spent means less to you than acquiring new skills, favoring your superiors, or solving a problem in the shortest possible time. Of course, overtime is not a prerequisite for success. However, it is worth sacrificing free time if you risk missing deadlines, the violation of which entails large costs.

It is worth remembering that compensation for overtime work depends on what mode of work is provided for in your employment contract. If the work schedule is defined in the contract as irregular, the time worked in excess of the norm is compensated by the presence of at least three additional days to the annual paid leave. If the working day is normalized, then according to the Labor Code, overtime work is paid as follows: the first two hours - at least one and a half times, the next hours - at least twice the size. At the same time, in order to involve you in overtime work, the manager must obtain your written consent. However, there are situations when such consent is not needed - in particular, when eliminating the consequences of an industrial accident or natural disaster. An employee may not work more than four hours of overtime on two consecutive days.

I note that, protecting your rights, you should not be too categorical. An employee who takes a boss's request to work overtime as an excuse to start legal proceedings risks damaging their relationship. It is better to show flexibility and reach a compromise outside the walls of the court.

What the law says and how it is used

Maximilian Grishin

Lawyer of the Moscow office of the international law firm Ilyashev & Partners

Overtime work is regulated by Article 99 of the Labor Code. It says that processing is possible only with the written consent of the employee and only in certain situations. For example, an employer may force you to work overtime when you urgently need to complete work that has not been completed due to some unforeseen circumstances (if the damage from non-performance is greater than the overtime payment). Also, an employee can be called during non-working hours, when it is necessary to urgently repair equipment, without which the entire production will stop. Without the consent of the employee, overtime work is possible only in emergency situations - in the event of major accidents, disasters, and so on.

Overtime is paid only if the company has a set working day. Any violation of this duration or non-payment of processing is a reason for proceedings with the labor inspectorate. Therefore, now an irregular working day is very often prescribed in an employment contract or internal documents of a company. The law does not provide for restrictions on irregularity, the schedule can be at least 24/7.

Chermen Dzotov

founder of the legal company "Dzotov and partners"

An employment contract with an irregular working day is also inconvenient for an employer. He imposes on him many additional obligations (the need to issue a written order, a limited list of positions, etc.). Therefore, more and more often a civil law contract is concluded. It is convenient in that it prescribes only the specific goal required to achieve it. How this will be done is not specified separately. The signatory of such an agreement will be deprived of any social and labor guarantees. The agreement will be drawn up in such a way that although there will be no direct indication of an irregular working day, all of the named conditions will contribute to just such a mode of labor activity. An example is the work of a taxi driver. If you conclude a civil law contract with him for the provision of transportation services, then the performance of these services for the most part will be irregular.

A citizen who agrees to work irregularly can be given the following advice. Firstly, after all, to conclude an employment, and not a civil law contract. In this case, it will be more protected. Secondly, the contract with the conditions of overtime work is essentially similar. But the main plus of overtime work is that such work is paid extra. Whereas for irregularity, only additional leave should be provided without any separate payments.

How it actually happens

Alexander Gulko

owner of the Gulko Judicial Bureau

I was approached by an employee of a well-known Moscow developer with a request to help deal with the employer on a legal level. The fact is that the management organized the work in such a way that its processing daily ranges from one and a half to four hours. The woman is absolutely exhausted, because after she leaves the office at nine or ten in the evening, she has another hour and a half to get home. In such an incredible mode, a person has been working for the last six months. It should be noted that no bonuses, overtime pay or compensatory leave are provided.

It would seem to spit and leave. But the woman is 47 years old, her positions are usually filled by younger employees, so it will not be so easy for her to find a job. This, unfortunately, is used by the employer. It is worth noting that our client is a great professional in her field, has several technical educations, constantly improves her skills, but is a very gentle person.

After the first meeting, we recommended that the developer's employee contact the CEO directly. Armed with the relevant paragraphs of the Labor Code. The general director turned out to be an adequate lady, paid a bonus (but not more than 5% of the total number of overtimes over the past six months), agreed that overtime should not be an everyday norm. But after a month and a half, our client, unfortunately, still quit of her own free will. Because her conversation with the general lasted only two days. Processing began again: at 19:00 new reports were required for the president of the company, for the financial director, and everything must be done by 10:00 tomorrow. She did not file a lawsuit for reimbursement of overtime.

Because it is very difficult in Russian reality to win a lawsuit with an employer who likes free overtime. Most often, employers do not issue a written order to involve an employee in overtime work, and he does not require a copy of such an order. And according to the law, only officially registered processing is recognized as such and paid. It is worth weighing all the prospects. After all, a new potential employer is unlikely to like such a wayward worker who sued the old employer. My only advice is to try to record all your overtime as much as possible: take sheets of arrivals and departures to the office on your phone, copy written assignments from management, and audio-record conversations about overtime.

Dmitry Smirkin

director of public relations Parallels

The contracts of middle and top-level managers, as a rule, contain references to irregular working hours. This is compensated by the amount of wages and various forms of additional motivation (bonuses and personal bonuses). All working conditions are negotiated at the stage of the interview and negotiation of the employment contract. You can refuse a job offer at any time. Payment for overtime working hours depends on the level of civility of the business. Large companies, as a rule, comply with the requirements of the Labor Code and pay for additional hours in accordance with established standards. In less advanced organizations, labor “for an idea” is not excluded. If we talk about areas, then, as a rule, PR specialists, sales managers, technical support employees, account managers in outsourcing agencies are forced to live in a 24/7 work schedule.

Overtime work is the initiative of the employer. But often employees do not mind working in excess of the norm, since the payment for this work is made in a larger amount. But even with the consent of the employee, overtime work should not exceed the established limit.

The norm of working hours and its excess

According to the Labor Code of the Russian Federation, overtime is considered work that is performed at the request of the company's management in excess of the established norm. That is, more hours than are set in one working day or shift. And if the employee has a summarized accounting of working hours, then in excess of the norm of working hours established for a certain accounting period.

40 hours a week is the norm established by labor legislation. This length of working time is accepted as the norm for all workers. And this norm does not depend on the type of activity the company is engaged in, its organizational and legal form, the type of employment contracts and other conditions.

Length of overtime work

The duration of work in excess of the established norm should not be more than four hours for two consecutive days. And for a year, this number of hours should not be more than 120. This number is indicated for each employee. The employer must strictly keep a record of the time that the employee has worked overtime. Each hour of overtime must be reflected in the time sheet.

How many overtime hours are allowed per month?

The allowable number of hours for processing depends on what working hours the company has and the number of working days in a week.

In order to determine the maximum possible number of hours per month an employee can be late at work, you need to calculate the number of working days in this month. For example, with a 5-day working week (40 hours) in April 2017, there are 20 such days.

Then we calculate the possible overtime, taking into account the fact that they should not be more than 4 hours for two working days in a row. If you plan to involve an employee in overtime every day, then you can work no more than 2 hours every day. We multiply 20 working days by 2 hours of daily overtime, we get 40 hours per month - the maximum possible number of hours of overtime in April. But do not forget that there is also a total limit per year. Therefore, when calculating possible processing in the next month, all previous processing must be taken into account.

How is overtime limited during the year?

The duration of work exceeding the established norm should not be more than 120 hours per year. In the previous example, it turned out that an employee in April 2017 can work 40 hours a month. But every month he cannot work in this mode. Because there would be over 400 overtime hours per year (40 x 12). Therefore, the employer should not forget about the total limit per year.

The total duration of overtime work should not exceed the established limit.

If the leader violates this order, he can be held accountable. It is provided for in Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. And if he again commits such a violation, he will be held accountable already under the second part of the same article.

Overtime payment

The employee has the right to choose how his processing will be compensated:

extra rest time
or higher wages.

The first hours of processing (the first two hours) must be paid one and a half times more than regular working hours. Subsequent hours of processing are paid more expensive - at least twice. Higher rates can be set by the employer and fixed in:

labor or collective agreement;
local regulation.

Spending more time at the workplace, especially when the family is waiting at home, a huge number of people do not have the opportunity to afford.

But, unfortunately, often, this is a direct requirement of the director.

Often, it is used during a period of urgent work or reporting.

It is not planned in advance, it is rather a forced measure.

Such work is done by a person at the behest of the employer.

It is always above the limits of established norms, therefore it must be documented.

Employees often have to work overtime. Therefore, it is important for them to know: how much overtime is acceptable, and whether overtime work is considered mandatory.

It should be understood that overtime, by law, should not be more than four hours, during two consecutive days, or one hundred and twenty hours, for the reporting year. The enterprise must keep accurate records of this type of time of all employees of the enterprise.

For drivers of vehicles, for example, for which the summarized records of working time are always kept, the sum of the main time and the processed time cannot exceed twelve hours. The exception here is the need to complete the trip or waiting for a shift.

Which employees cannot be involved in overtime work

Not all people can be involved in processing by law.

These types of work are not allowed:

women who are expecting a baby or who are under three years of age
people under the age of eighteen
students on the job, during study hours
persons with a recognized disability

Women with three-year-old babies and disabled people can perform this type of work by writing consent, in the absence of medical contraindications. The same applies to a single parent raising a child under the age of five.

And also, to employees with children who have a recognized disability or to persons caring for sick family members.

When the employer needs the consent of the employee to engage in work in excess of the norm

The employer is not always required to take consent on involuntary overtime with. The legislation provides for other cases.

Mandatory consent of the person to leave overtime in a number of cases:

due to a delay in production, the employee did not complete his scope of work on time, and stopping the process will endanger people's lives or may lead to damage to property
if there are malfunctions in the equipment, due to which the work process will stop for a large number of people
the shift has not arrived, and it is impossible to stop the process

In the above situations, the employee is not required to agree to go to work in excess of the norm. In refusal, it is not regarded as a violation.

Consent to the processing of hours, in writing, is not required in the following cases:

work carried out during a disaster, or liquidation of its consequences
labor associated with the elimination of accidents of any type of centralized supply
related to the threat of human lives

Documentation and responsibility

Incorrect record keeping of overtime is punishable by administrative penalties (sanctions, temporary suspension of the enterprise):

guilty natural person - from one thousand to five thousand rubles
legal entities are punishable by thirty to fifty thousand rubles

In accordance with the labor code, processing is paid on the basis of an agreement between the employee and the employer and the corresponding order. At the time of employment, it is imperative to familiarize yourself with this item.

At the request of the employee, compensation for overtime work can be received in the form of time off. Without the will of employees, the employer has no right to act independently.

Reworked time must be properly documented.

Sometimes it is required to write a memorandum addressed to the director, which indicates the need to attract people to work beyond the allotted time. Next, you need to notify the employee about leaving the workplace by sending a notification addressed to him or you can familiarize him with the report.

Then an order is issued to go to work beyond working hours. There is no approved form for this document. It is at the discretion of the organization.

It must contain the reasons for the overtime, whom and when it is necessary to involve in labor. Such an order is drawn up for each type of processing separately.

Overtime payment

The Labor Code on overtime states that the employer must pay overtime for the first two hours of hours worked at one and a half times, and for the next time - at double.

If the organization has a higher pay for this type of work, this is prescribed in the employment contracts of each employee or possibly in collective documentation.

In addition, you can get a day off for overtime. In any case, the choice is always with the employee, not the employer.

If the overtime falls at night, night time is additionally paid (according to the law, it should not be less than twenty percent) and separately processed hours.

If they fall on a weekend or public holiday, they will only be produced here in double size. Such work with a shift schedule is compensated to employees based on the excess of the standard for the accounting period with a summarized accounting of work time.

In the case of payment for this type of work, it is better to draw up an appropriate detailed accounting statement calculation. This will help organize the data process.

You can learn about what is written in the Labor Code about overtime pay from the video:

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