Overtime tk. Overtime work – accounting, procedure for payment, compensation and involvement in overtime work. Calculation of wages for overtime work

ST 99 Labor Code of the Russian Federation.

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

An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:

1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at 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) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:

1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sewerage systems, gas supply systems, heat supply, lighting, transport, communications;

3) 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 circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.

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

The employer is required to ensure that each employee's overtime hours are accurately recorded.

Commentary to Art. 99 Labor Code of the Russian Federation

1. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for him. In this case, the established duration of working hours means the duration of working hours established for a given employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, and an employment contract (Article 97 of the Labor Code of the Russian Federation ). When recording working hours in summary (see Article 104 of the Labor Code of the Russian Federation and the commentary thereto), overtime is considered to be work in excess of the normal number of working hours for the accounting period.

2. Only work performed at the initiative of the employer can be considered overtime work. Work outside the established working hours for the employee, performed not at the initiative of the employer and without his knowledge, cannot be considered as overtime work.

3. Since the use of overtime leads to excess working hours, legislation establishes legal guarantees to ensure its limitation. Such guarantees are:

a) establishing lists of circumstances under which the employee’s written consent is or is not required to engage an employee in overtime work;

b) introduction of a more complicated procedure for attracting overtime work in other cases;

c) limiting the duration of overtime work for one employee;

d) establishing a circle of people who cannot be involved in overtime work.

4. Part 2 of the commented article lists cases when the involvement of employees in overtime work is allowed only with their consent. These include situations that could cause a significant number of workers to stop working.

5. The list of circumstances that give the employer the right to involve employees in overtime work without their written consent is given in Part 3 of the commented article. These include emergency circumstances that threaten the life or normal living conditions of the population or part of it.

6. Part 4 of the commented article provides for the possibility of involving employees in overtime work in other cases in addition to the emergency and unforeseen circumstances listed in the commented article. The absence in the Labor Code of the Russian Federation of specifying the concept of “other cases” allows the employer to raise the question of the use of overtime work in case of any complications in the activities of the organization or individual entrepreneur. As an additional guarantee of limiting overtime work in the absence of emergency or unforeseen circumstances provided for in Parts 2 and 3 of the commented article, along with obtaining the written consent of the employee, there is also a requirement to take into account the opinion of the elected body of the primary trade union organization.

The employer’s decision to apply overtime work is not a local regulatory act, and the Labor Code of the Russian Federation does not establish a procedure for taking into account the opinion of the elected body of the primary trade union organization for such cases (see Article 371 of the Labor Code of the Russian Federation and the commentary thereto). The requirement to take into account the opinion of the elected body of the primary trade union organization in this case can be considered fulfilled if the employer notified this body in advance of the need to use overtime work, the reasons for which such a need arose, and the volume (duration) of overtime work; When making a final decision, the employer must have the opinion of the trade union body. Taking into account the opinion of the elected body of the primary trade union organization does not mean that the employer necessarily agrees with it.

7. Persons who cannot be involved in overtime work include pregnant women, employees under the age of 18, and other categories of employees in accordance with the Labor Code of the Russian Federation and other federal laws (for example, employees with whom an apprenticeship agreement has been concluded (see. Part 3 of Article 203 of the Labor Code of the Russian Federation and commentary thereto)).

8. In relation to women with children under three years of age, as well as disabled people, the Labor Code of the Russian Federation has established a special procedure for engaging in overtime work: in addition to obtaining the written consent of the employee, the employer must familiarize him in writing with the right to refuse overtime work. The same procedure for involving overtime work is established in relation to mothers and fathers raising children under the age of five without a spouse, employees with disabled children; workers caring for sick members of their families in accordance with a medical report, as well as fathers raising children without a mother; guardians (trustees) of minors (see Articles 259, 264 of the Labor Code of the Russian Federation).

9. The requirements of the law to obtain the written consent of the employee to engage him in overtime work and to familiarize the employee in writing with the right to refuse overtime work must be fulfilled by the employer every time there is a need to involve employees of the relevant categories in such work.

10. Having prohibited the involvement of minor workers in overtime work, the Labor Code of the Russian Federation established an exception to this rule: creative workers and professional athletes under the age of 18, whose professions are indicated in the lists established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations , may be allowed to work overtime (see Article 268 of the Labor Code of the Russian Federation and the commentary thereto).

11. The maximum limits for the duration of overtime work established by part 6 of the commented article: 4 hours. for two days in a row and 120 hours. per year - cannot be exceeded.

Failure by the employer to comply with the obligation to keep accurate records of overtime work performed by each employee is a violation of labor laws and should entail liability for the employer, but cannot lead to an infringement of the employee’s rights. An employee has the right to demand payment for overtime work even if it is incorrectly recorded or not taken into account.

Overtime work is paid at an increased rate (see Article 152 of the Labor Code of the Russian Federation and the commentary thereto).

Overtime work should not exceed standards established by law - both the enterprise itself and its management can be punished for this. What else is important to consider when organizing work outside of normal working hours, you will learn from this article.

Overtime working time (concept and legal framework)

The time that a working citizen is called upon to spend on performing his job duties is called working time by labor legislation. Art. is devoted to working time. 91 of the Labor Code, which establishes the maximum duration of work in the general case no more than 40 hours per week, that is, 8 hours during the working day with a 5-day work week. For some groups of workers, the normal working hours during the week are set at 36, 35 or 24 hours. Also Art. 91 obliges employers to keep records of working time spent by each employee.

If the time required to perform job duties exceeds the standard labor standards established by law, then the Labor Code calls such a work process work beyond the normal duration of the work regime. This excess of the labor regime is possible in two forms:

At the same time, the irregular working hours regime may apply only to individual employees working in positions defined by the internal documents of the organization. Working overtime, on the contrary, can affect every working citizen.

The main provisions relating to overtime work are established by the Labor Code of the Russian Federation. In addition, federal and industry legislation, through a number of regulations, specifies the requirements of the basic labor law. Such acts, for example, are:

Federal Law of the Russian Federation “On Social Protection of Disabled Persons” dated November 24, 1995 No. 181-FZ;
Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 No. 139;
Order of the Federal Customs Service of Russia dated December 16, 2011 No. 2529.

Let us now consider the provisions on overtime work in more detail.

Unscheduled work and its limitation for some employees

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Unscheduled work outside the normal working hours is initiated by the company's management in some non-standard situations for the work process. At the same time, the need to obtain consent for unscheduled work from employees depends on the circumstances of the organization of this type of work.

Thus, without consent, workers may be required to work overtime if such work is necessary:

To eliminate or prevent a disaster, industrial accident or recovery after disasters, industrial accidents or natural disasters.
To eliminate circumstances that impede the normal operation of central water, heat and gas supply systems, transport, communications, and lighting.
In circumstances of a state of emergency, war, disaster or threat of a disaster of a natural, man-made, biological or other nature that threatens the life or normal conditions of existence of the population or part of it.

Only with written consent, workers may be involved in work outside of their shift if necessary:

Completion of a started task, if due to technical delays such work was not completed on time and its non-completion may threaten damage or loss of property of the organization, state or subject of the Federation, or the life or health of people.
Repair or restoration of mechanisms or buildings, if their defect may lead to the interruption of the work process for a large number of members of the work team.
Replacing a no-show shift worker during continuous production.

It is also possible to attract in some other situations with a positive conclusion from the trade union.

With written consent and a signature warning about the right to refuse unscheduled work and in the absence of medical contraindications, the following may work in excess of standards:

disabled people;
mothers of young (under 3 years old) children.

Cannot work overtime in any case:

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pregnant employees;
minor workers.

What is the maximum amount of overtime for each employee?

Maximum duration of overtime work defined in the Labor Code (Part 6 of Article 99): according to the general rules, the work process outside the standard labor regime should not exceed 4 hours over 2 shifts in a row and 120 hours in total for the year. The employer independently determines how the maximum overtime work time is distributed over 2 consecutive working days.

However, industry legislation can specify the standard norms of overtime work activities defined in the Labor Code by its regulations. So, duration of overtime work drivers of road transport is determined by the provision approved by Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 No. 15. In general, the norms of this provision are similar to the norms of the Labor Code of the Russian Federation, however, in relation to drivers to whom summarized recording of work time is applied, a maximum rate of overtime per day is established: such work together over time, scheduled work should not exceed 12 hours during the day (clause 23).

Overtime with summarized accounting of labor time - duration and features of accounting

It is worth talking in more detail about working outside the standard operating mode when recording working hours in total. Accounting for time worked by specialists is possible by daily, weekly and cumulative methods. In this case, the summarized accounting method (Article 104 of the Labor Code of the Russian Federation) is characterized by the calculation of work time within a given reporting period (month, quarter, half-year or year).

If it is impossible for members of the work collective to comply with the uniform legally established working hours per day (for example, 8 hours) or week (for example, 40 hours), it is summarized accounting that is used, according to which the reporting period is selected. Within the reporting period, the duration of shifts or working days may exceed the maximum defined in the Labor Code of the Russian Federation, but the total number of hours for the entire reporting period must be equal to the legally established temporary standards for labor duration.

The nuance of overtime work with cumulative accounting lies in the peculiarities of calculating excess labor time: in this case, overtime is counted at the end of the reporting period, for example, after a quarter. However, even in these circumstances, the duration overtime work should not exceed the same 4 hours for 2 shifts in a row or 120 hours per year, as established for other methods of recording labor time.

Registration of work overtime - what documents are established by the Labor Code of the Russian Federation?

The labor legislation does not contain separate rules establishing the procedure for registering overtime work, however, the analysis of Art. 99 allows us to draw the following conclusions about the procedure for documenting such work:

All types of overtime work, with the exception of a small number of exceptional situations, require the written consent of the employee. That is, it is necessary to draw up a document that will notify employees of the need to carry out work outside the normal work schedule and will allow the employee to record the employee’s written consent to unscheduled work.
Overtime work is carried out on the initiative of the company’s management, which means that the very fact of its implementation and all aspects associated with such additional work activity must be reflected in the order for the enterprise.

IMPORTANT! In addition to completing the two specified documents, it is necessary not to forget that the overtime hours for each employee must be recorded in the time sheet.

About processing with the written consent of the employee

While establishing the requirement to obtain written consent from employees to carry out overtime work, the Labor Code does not cover this procedure in detail. This means that each employer is free to choose the forms of obtaining such consent.

Theoretically, it is possible to request an employee’s consent to work outside the normal working day even after an order to this effect has been issued (the employee can sign his consent on the order itself). However, it is quite possible that the order has already been prepared and signed by the manager, and one of the members of the work collective refuses to do overtime work, or the employee’s signature confirming familiarization with the order will be regarded as consent to perform unscheduled work tasks (and this is not at all the same). the same).

The optimal option for notifying workers about planned work outside the normal work regime and at the same time a way to obtain consent for such work would be special notifications issued before signing the order. The text of such notice must contain:

indicating the start date of unscheduled work;
indication of the duration of overtime work;
a message indicating the employee’s consent to work overtime with space for a signature confirming this.

In the same document, you can offer the employee to choose a method of compensation for overtime - payment or time off.

After obtaining the employees’ consent to overtime, an order for overtime work is issued. A unified version of such an order is not provided, so an enterprise can draw up a document in free form, guided only by the rules of personnel and internal records management.

Analyzing sample orders for overtime work, offered by personnel officers, one can draw a conclusion about the information that should be contained in such a document. In particular, the order must include:

Data on the circumstances that served as the basis for organizing overtime work.
Name list of employees involved in unscheduled work, indicating their positions and personnel numbers.
Indication of the time period allotted for overtime work.

You can also indicate information about the written consent of each employee to work outside of work hours. Each employee participating in overtime work must be familiarized with the order, and the fact of familiarization is confirmed by the signature of the employee working on the order.

What kind of compensation can be offered for overtime - pay or time off?

According to Art. 152 of the Labor Code of the Russian Federation, unscheduled performance of official duties must be compensated by additional pay or the provision of additional rest time. In this case, payment compensation is the main method; days off are provided only at the request of the worker.

The principle of payment for processing is as follows:

the first 2 hours of work - at least one and a half sizes;
subsequent time - no less than double the amount.

Letter No. 22-2-3363 of the Ministry of Health and Social Development of Russia dated August 31, 2009, is devoted to the procedure for paying for unscheduled work when accounting for cumulative work time. According to this document, processing in this case is considered cumulatively for the entire reporting period (for example, for a quarter), the resulting surplus is paid according to the rules of Art. 152 Labor Code of the Russian Federation.

As for additional rest, the legislation does not contain a detailed description of the registration requirements regarding the time for choosing the method of compensation for overtime work and the time for providing days off. Thus, it is advisable to establish the type of compensation for unscheduled work before the start of work (for example, in a notice) and, if the employee chooses a day off, agree on the day on which it will be provided.

As you can see, registering overtime work involves not only observing the maximum time limit for additional work, but also following other legal requirements regarding such a work regime.

Reply from 03/02/2014 22:51

Hello Alexey! You need to first understand what irregular working hours are. An irregular working day is when a person works 40 hours a week (8 hours a day) plus remains to work beyond this time, but this overtime is no more than 120 hours a year.

The working week should not exceed 40 hours, according to Article 91 of the Labor Code of the Russian Federation.
Article 91. Concept of working time. Normal working hours
Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours.
Normal working hours cannot exceed 40 hours per week.
The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.
The employer is required to keep records of the time actually worked by each employee.

No more than 120 hours per year, according to Article 99 of the Labor Code of the Russian Federation:
Article 99 of the Labor Code of the Russian Federation. Overtime work
Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.
An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:
1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at 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) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;
3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.
An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:
1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sewerage systems, gas supply systems, heat supply, lighting, transport, communications;
(as amended by Federal Law dated December 7, 2011 N 417-FZ)
3) 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 circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.
In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.
The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.
The employer is required to ensure that each employee's overtime hours are accurately recorded.

What kind of work can be considered overtime? Who should not be attracted to it? How long can it last? When is written permission from an employee necessary, and in what cases can you do without it? What is the payment procedure for overtime work? And how to pay for it with the summarized recording of working hours? Violation of the procedure for inviting an employee to work overtime is punishable by a heavy fine.

There are many situations when an employee has to stay late at work: he needs to finish unfinished business, replace an absent colleague, or submit an annual report on time. What is it: overtime, expanding service areas, increasing the volume of work or irregular working hours? These concepts are often confused. However, this is not surprising, because, for example, both overtime and irregular working hours refer to work outside the working hours established for the employee. Let's consider what is meant by overtime work, what guarantees and compensations employees are entitled to, how to formalize their involvement in it and, most importantly, how to correctly calculate and pay for such work.

What kind of work can be considered overtime?

Overtime work is recognized as work that meets the following conditions (Part 1 of Article 99 of the Labor Code of the Russian Federation):

carried out at the initiative of the employer;
goes beyond the established working hours for the employee - daily work (shift).

Please pay attention to this important fact: if an employee is late at work on his own initiative (the reasons for this can be any: low productivity, the need to complete personal matters, etc.), such work is not taken into account and is not paid as overtime. A similar opinion was voiced in the letter of Rostrud dated March 18, 2008 No. 658-6-0. Also, the performance of work duties within the framework of irregular working hours is not recognized as overtime work.

If the organization has adopted a summarized accounting of working hours, then overtime is considered to be work performed in excess of the normal number of working hours for the accounting period. Therefore, it is very important for the employer to determine the accounting period (month, quarter or other period up to a year) in the internal labor regulations. This is necessary for the correct calculation of hours worked overtime by an employee (Article 104 of the Labor Code of the Russian Federation).

Keep in mind that involvement in overtime work should not be systematic; it can occur sporadically in certain cases (Rostrud letter No. 1316-6-1 dated 06/07/2008).

Overtime duration

Normal working hours are 40 hours per week (Article 91 of the Labor Code of the Russian Federation). In turn, the duration of overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation). For this purpose the employer is obliged to ensure accurate recording of the duration of overtime work for each employee. The time worked overtime by an employee must be reflected in the working time sheet (for example, according to form No. T-12 (No. T-13), approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Overtime hours must be marked on the timesheet with the letter code “C” or the number “04”, under which the number of overtime hours is indicated.

At the same time, for some categories of workers, a reduced working time has been established, which is normal for them (Article 92 of the Labor Code of the Russian Federation). These include, in particular:

minor workers - from 24 to 35 hours per week depending on age;
disabled people of group I or II – no more than 35 hours per week;
employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week;
women working in the Far North (Article 320 of the Labor Code of the Russian Federation);
teachers (Article 333 of the Labor Code of the Russian Federation);
health workers (Article 350 of the Labor Code of the Russian Federation).

In addition, the rules regarding overtime work apply to both employees at the main place of work and part-time workers.

Who should not be required to work overtime?

Pay attention to this rather important point. It is not allowed to engage in overtime work the following categories of workers:

pregnant women (Part 5 of Article 99 of the Labor Code of the Russian Federation);
persons under 18 years of age, with the exception of:

certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their list was approved by Decree of the Government of the Russian Federation dated April 28, 2007 No. 252 “On approval of the list of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of labor activity of which are established by the Labor Code of the Russian Federation,”
athletes, if a collective or labor agreement, agreements, or local regulations establish cases and procedures for engaging in overtime work (Part 3 of Article 348.8 of the Labor Code of the Russian Federation);

3. employees during the period of validity of the student agreement (Part 3 of Article 203 of the Labor Code of the Russian Federation);

4. other workers (as a rule, restrictions are established in connection with medical contraindications, for example, in relation to persons with an active form of tuberculosis - Decree of the Council of People's Commissars of the USSR dated January 5, 1943 No. 15; drivers allowed to drive a vehicle as an exception due to special health status, – Sanitary rules for occupational hygiene of car drivers, approved by the USSR Ministry of Health on May 5, 1988 No. 4616-88).

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

obtain the employee’s written consent;
make sure there are no medical contraindications;
notify employees under personal signature of the right to refuse to perform overtime work.

Such employees include (Part 5 of Article 99, Articles 259, 264 of the Labor Code of the Russian Federation):

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

Question from practice.

The employee, when drawing up an employment contract, did not notify the employer that she was a group II disabled person and did not submit documents confirming her disability. After the expiration of the probationary period, she brought a certificate from a medical and social examination and an individual rehabilitation program (IRP) for a disabled person. In accordance with these documents, she is recommended to sit in an office for no more than 35 hours a week. The employment contract establishes a working week of 40 hours. The employee believes that she worked overtime all this time and demands additional payment for these hours. Are the employee’s demands legitimate?

Documents confirming disability are not contained in the list of documents established by Part 1 of Art. 65 of the Labor Code of the Russian Federation, which the employee is obliged to present to the employer when concluding an employment contract. An employer who enters into an employment contract with an employee on a general basis (not counting the quota) is not only not obliged, but also does not have the right to demand from him documents confirming disability (Part 3 of Article 65 of the Labor Code of the Russian Federation). Submission of such documents is the right of the employee.

Therefore, the employer’s obligation to create recommended working conditions for a disabled employee will arise only after the presentation of documents confirming disability.

In order to avoid claims from regulatory authorities and further disputes with the employee, the employer must record the date of receipt of documents confirming disability from the employee.

Involvement in overtime work with or without the consent of the employee

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

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

To engage in work on these grounds, the consent of the trade union organization is not required, since these circumstances are extraordinary. If you refuse to perform such work, a corresponding act is drawn up, and the employee is subject to disciplinary action.

With the written consent of the employee, you can be required to work overtime in the following cases (Part 2 of Article 99 of the Labor Code of the Russian Federation):

if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to complete this work may result in damage or destruction of the employer’s property or create a threat to life and people's health;
during temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for many workers;
to continue work if the replacement employee fails to appear, if the work does not allow a break.

In other cases, involvement in overtime work is allowed only with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization (Part 4 of Article 99 of the Labor Code of the Russian Federation, ruling of the Supreme Court of the Russian Federation dated November 14, 2006 in case No. 4-B06-31).

It is important for the employer to remember that he is obliged notify certain categories of workers by signature of the right to refuse such work.

It is important to understand that all verbal agreements with employees can lead to disputes. To avoid this, it is necessary to adhere to the position that all employee-employer agreements are documented. The employer issues an order requiring overtime work and must familiarize the employee with it. The unified form of such an order has not been approved, so the employer draws it up in free form. The order must indicate the reason for involving the employee in overtime work, the start date of work, the surname, first name, patronymic of the employee, his position and details of the document in which the employee agreed to be involved in such work.

If a collective agreement or local regulation establishes the amount of additional payment, then it is possible to indicate this amount in the order. The amount may also be determined by agreement of the parties. Overtime work can be compensated by increased wages or additional rest time at the request of the employee (Article 152 of the Labor Code of the Russian Federation). If the employee has decided on the form of compensation, this item is also included in the order. The employee must be familiarized with the order and signed.

Overtime pay

Overtime work is compensated to the employee with increased pay:

the first two hours of overtime are paid at least one and a half times the rate,
subsequent hours - no less than double (Article 152 of the Labor Code of the Russian Federation).

Specific amounts of payment may be established by local regulations, as well as by a collective or labor agreement.

Despite the fact that the Labor Code of the Russian Federation specifies how to pay for overtime work, questions and disputes still arise. This is because the procedure for determining one and a half and double overtime pay is not clearly stated in the legislation. The employer naturally has a question: what amount should the calculation be based on?

In practice, the question often arises: how should overtime work be paid on a non-working holiday?

According to the general rule, work on a weekend or a non-working holiday is paid at least double the amount (Article 153 of the Labor Code of the Russian Federation). However, in paragraph 4 of Explanations No. 13/p-21 “On compensation for work on holidays” (approved by the resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 465/P-21 and valid to the extent that does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation)), it is stated that when calculating overtime hours, work on non-working holidays performed in excess of normal working hours should not be taken into account, since it is already paid at double the rate.

How to pay overtime when working hours are summarized

To understand this issue, you should adhere to clause 5.5 of the Recommendations on the use of flexible working time regimes in 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 of 05/30/1985. These Recommendations are valid to the extent that they do not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation, decision of the Supreme Court of the Russian Federation dated October 15, 2012 No. AKPI12-1068).

In accordance with the document, it is necessary to determine the number of working days in the accounting period and pay for the first two hours, falling on average on each working day of the accounting period, in no less than one and a half times the amount, and for the following hours - in no less than double the amount.

When recording working time in aggregate, overtime hours are calculated at the end of the selected accounting period (month, quarter, half-year, year). At the same time, on some days an employee may work more, on others – less, the main thing is that during the accounting period he works the established norm of hours. Exceeding this norm is considered overtime.

Note: the time when the employee was absent from work for a valid reason (for example, sick or on vacation) is excluded from his standard working hours.

At the employee's request, payment for overtime work can be replaced with additional rest time.

SO, let’s pay attention to the main points related to overtime work:

request the written consent of employees and the opinion of the elected body of the primary trade union organization;
check whether, according to a medical report, the employed employees are not contraindicated from working overtime;
compensate for work beyond the working hours established for employees;
reflect in the collective agreement or local regulations the procedure for attracting employees to overtime work, providing additional days of rest and the mechanism for calculating monetary compensation for overtime (for example, will increased overtime pay include bonus payments);
Keep a separate overtime log and use it to ensure that employees do not work more than 120 hours per year.

If the procedure for involving an employee in overtime work is violated, the employer is liable in accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation - a fine from 30,000 to 50,000 rubles, and an official who committed a violation - from 1,000 to 5,000 rubles. If a similar violation is committed again - under Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation - the fine increases significantly.

Overtime - what is it?

Overtime work is a part of an employee’s working time that lasts longer than the period established by law. It arises from the employee working longer than the legal standards within 24 hours. It should be remembered that this type of labor arises as a result of the order of the employer. However, overtime may not be considered as such. This occurs when an employee spent time on work on his own initiative and without the knowledge of management.

According to the Labor Code of the Russian Federation, overtime work should be understood as those activities that are performed by an employee at the request of the employer in excess of the number of hours enshrined in law during the working day.

Legislation

The duration of overtime work per year is established by law.

The period of time during which an employee performs his labor functions refers to the worker. It is to him that the article is dedicated. 91 Labor Code of the Russian Federation. It sets the maximum operating time. Overtime is not taken into account in this case. For any employee, up to 40 hours per week are allowed, in other words, 8 hours per day on a 5-day schedule. For some groups of workers, the duration of work is set at 36, 35 or 24 hours per week. In addition, Art. 91 obliges employers to organize reporting on the length of time employees work that was spent.

The duration of overtime work should not exceed the permissible limit prescribed by law.

If the time for performing job duties goes beyond the standard framework that was established by regulations, then this process is called by the Labor Code of the Russian Federation as work beyond the normal duration of the working regime. Such excess of the labor regime can take two forms:

irregular working hours;
in the form of overtime work.

This concept may apply only to some employees working in positions for which the excess is provided for by local acts of the organization.

Regulation of activities in excess of the norm is established by the Labor Code of the Russian Federation. In addition, national and industry regulations detail this code. Such acts, for example, are:

Federal Law of the Russian Federation “On Social Protection of Disabled Persons”;
Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 No. 139.

Overtime restrictions

This is usually related to the company's working time system. As a rule, weekly working hours, including overtime, do not exceed 48 hours during this period. This would mean that the overtime limit per week is 8 hours for the standard working time system (an average of 40 hours per week). However, it should be remembered that the law specifies the average number of hours in the billing period, and the billing period can be up to 12 months.

Thus, it may happen that the manager orders an employee to work only three times a week for 12 hours, and the same specialist will work overtime for 12 hours. This procedure will be legal if:

the required daily rest of at least 11 hours is maintained;
the amount of overtime per year does not exceed 150 hours (or any other amount determined in the collective agreement);
During the billing period adopted by the company, weekly working hours will not be exceeded.

Unplanned work beyond the duration of the labor process is initiated by the enterprise administration in situations unusual for the work process. With all this, the need to obtain consent for unplanned work from employees also depends on the events of the organization and the type of work.

For example, hiring workers does not require their consent to work beyond the deadline in the following situations:

to eliminate or prevent tragedy, industrial accidents or natural disasters;
to eliminate events that interfere with the normal operation of supply, communication, and lighting systems;
in circumstances of emergency, war, or other threat.

Written consent is required in the following cases:

the end of a project assignment, in a situation where, due to delays, the work will not be completed on time, which may threaten damage or loss of an object for the organization, country or federal subject;
repair or restoration of devices if their breakdown causes the work process to stop;
replacing a replacement who did not show up during continuous production.

With written consent indicating the right to refuse unscheduled work (signed by the employee), in the absence of medical contraindications, the following may work in excess of the indicators:

disabled people;
women with a child under 3 years of age.

The following categories do not work overtime under any option:

pregnant women;
minor employees.

Maximum duration

What is the maximum duration of overtime work for an employee? The highest value is defined in the Labor Code of the Russian Federation (Part 6, Article 99). The duration of overtime work by an employee should not exceed 4 hours over 2 shifts in a row.

The employer allocates the required time without the help of others. Thus, the duration of overtime work by an employee should not exceed 120 hours per year.

But the usual standards for overtime work, defined in the Labor Code of the Russian Federation, industry regulations and the company’s own acts can be specified.

Is overtime the norm or not?

It is worth noting that, according to the Labor Code of the Russian Federation, overtime work is an exceptional situation, therefore the employer is not allowed to plan these hours in advance (for example, in the working time schedule). In a situation where the employer knows that there will be more work during a given period, he should hire additional people or switch to a different working time system that allows longer working hours (for example, working on an equivalent system).

How to count?

Overtime will be understood as each additional hour beyond the employee's daily activity time. Therefore, if an employee working standard working hours (on average 8 hours a day) was supposed to work 8 hours, but worked 10, then the duration of overtime work for the employee is 2 hours. Due to a number of regulations relating to different working time systems, calculating overtime is complex and requires careful understanding of the personnel regulations.

Equivalent working hours and overtime

In an equivalent system, work time can reach 12 hours. The occurrence of overtime depends on the length of work on a particular day and the employee’s work schedule.

There are three options:

The employee was scheduled to work 12 hours, but he worked 13 by order of management. In this situation, he has one hour of time for which he is entitled to compensation (free time or allowance).
The employee had 8 hours scheduled, but he worked 12. In this case, he has 4 hours.
The employee must work 6 hours, but it turned out to be 9. In this situation, he has 1 hour, because for working hours above the schedule, but less than standard (8 hours), he is not entitled to overtime.

Night time

For working overtime at night, the employee claims a higher (100%) bonus to his remuneration. This period is defined as 8 hours between 21:00 and 07:00. However, the employer can set his own time frame. Therefore, if the company's night time refers to the period from 23:00 to 07:00, then the working hours from 21:00 to 23:00 will not be overtime.

Overtime tracking

The standard accounting method is to give the employee time off for such work. Receipt of overtime is calculated on a 1:1 basis if the claim is made by the employee. If an employer assigns such a temporary regime to an employee on his own initiative, then he must increase it (1:1.5 - that is, in 8 hours the employee receives 12 hours of rest).

Hours must be counted until the end of the billing period. Such activities are counted without rounding. Overtime on Sundays and other weekends is additionally rewarded. An employee, even if working part-time (if it is a day off according to the schedule), receives the entire day of rest.

Accounting for such work time can be carried out:

by week;
by days;
summarized version.

When applying the latter method, quarter, year, month are taken as the calculation period. Half-yearly calculations are rarely used. This option is very relevant in situations where the possibility of daily recording of work time is excluded and impossible for the employer. An example of such activity might concern situations where personnel are involved in work that is remote from the main office. An example of this is shift work.

With quarterly or annual accounting, the duration in excess of the standard cannot exceed 4 hours for two consecutive shifts. The annual limit does not exceed 120 hours.

Extra pay for overtime work

In this case, the employee has the right to additional payment, which is made in addition to the base rate. The benefit is paid to the employee when he worked for the period established in the contract and did not exercise the right to take overtime.

The overtime rate is a derivative of remuneration and is paid at the hourly rate specified in the employment contract.

The size of the amounts will be determined by the duration of this activity for each employee separately.

Overtime - when is it 50% and when is it 100%?

For overtime work on a regular day, the employee is entitled to remuneration in the amount of 50% of payments. For activities at night, on Sundays and on holidays that were not scheduled, as well as on a day that was originally provided in exchange for a day off or holiday worked, the employee becomes entitled to 100% of the remuneration.

Additional payments and overtime

When calculating overtime, various types of additional payments (for example, supplements, years of service) are not taken into account. This amount must be paid to the employee for the month during which the duration of overtime work is calculated. The surcharge can be settled later - before the end of the billing period.

Overtime according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation also determines the responsibility of the manager for violations of the rights of an employee in the field of working time. There is currently no additional regulatory document in this area. All provisions relating to scheduling and overtime are regulated only by the Labor Code of the Russian Federation.

In this case, the duration of overtime work should not exceed the time established by law. If such standards are violated, the employer may be subject to a fine.

If the employer forces...

In many companies, employees receive work assignments in excess of the limit arising from the employment contract. Is this legal? As follows from the Labor Code of the Russian Federation, only in the case of:

the need to carry out rescue operations in order to protect life or health, property, the environment or eliminate accidents;
special needs of the employer.

An employer may ask an employee to work overtime. This means that the employee must perform the assigned functions. Refusal to work in such situations may be considered a breach of duty. However, the duration of overtime work in such a situation is limited by law.

Some employees are exempt from performing such functions (for example, pregnant women), and some groups can refuse if they wish (parents of children under 3 years of age, disabled people and workers who perform their functions in areas where there are excess levels of harmful substances to health). substances).

However, it is worth noting that the special needs of the employer indicate an exceptional situation, so the need to work overtime should not be the norm and may be considered incompatible with employment law. Unfortunately, the rules here are not strict enough, and each situation must be analyzed individually.

Documentation

There are no strictly regulated documents that must be used to record such time. It is sufficient to apply the written consent of the members of the workforce or the approval of the trade union, which will reflect the duration of overtime work for each employee of the company. Such a document is prepared in organizations, as a rule, in advance. When signing an employment contract, the employee must read and sign it. The order must also reflect the main reasons for which it is possible to engage in such work. The order also reflects the time period during which overtime work may be offered.

Special cases

Among the special professions related to exceeding permissible working time standards, we can highlight the work of drivers.

The duration of overtime work for drivers should not exceed 4 hours, which is regulated by Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 No. 15. For such categories of professions, time recording in the amount is applied.

Companies should adhere to the following rules when registering overtime:

It is mandatory to request the employee’s consent to work overtime and clarify the opinion of the trade union organization;
do not neglect the testimony of a medical report if it prohibits such work;
reflect in employment contracts the regime for attracting and paying overtime;
mark the schedule for involving employees in overtime work in a specialized journal;
All relations with the employee must be formalized in writing:
issue orders on overtime work, indicating the amount of compensation and overtime hours;
obtain written consent from the employee.

Conclusion

An employer in such a situation should always remember that the total duration of overtime work should not exceed 4 hours for two consecutive days and 120 hours per year.

Such involvement of employees in work should not be a system, but can only be carried out from time to time.

Thus, the duration of overtime work should not exceed the permissible limit prescribed by law.