Many institutions, in the course of their activities, from time to time need to involve their employees in overtime work. In this article, we will remind you how to properly involve employees in such work, which employees are contraindicated for it, and also tell you how to pay for overtime work, taking into account latest clarifications specialists of the Ministry of Health (Letter dated July 2, 2014 No. 16-4/2059436 “On remuneration for overtime work”).

Let us recall that according to Art. 99 Labor Code of the Russian Federation overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee - daily work(shifts), 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 work overtime

• if necessary, perform (finish) the work begun, which due to an unexpected delay in technical specifications production could not be completed (finished) during the working hours established for the employee, if failure to perform (non-completion) this work could lead to damage or destruction of the employer’s property (including property of third parties located at the employer, if the employer is responsible for 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 may cause the cessation of work for a significant number of workers;
• to continue work if the replacement employee fails to appear, if the work does not allow a break. In this case, the employer is obliged to immediately take measures to replace the shift worker with another employee.

• disabled people;
• women with children under three years of age.

Disabled people and women with children under three years of age 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:

• pregnant women;
• workers under the age of 18, with the exception of creative workers mass 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, 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 has been approved By Decree of the Government of the Russian Federation dated April 28, 2007 No.  252 ;
• employees during the period of validity of the apprenticeship contract ( Part 3 Art. 203 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 of centralized hot water supply, cold water supply and (or) sanitation systems, 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 circumstances, that is, in the event of a disaster or threat of disaster (in case of fire, flood, famine, earthquake, epidemic or epizootic) and other cases posing danger threat to the life or normal living conditions of the entire population or part of it.

Employees with irregular working hours are not paid for hours worked in excess of normal working hours, as they are compensated by additional leave ( Letter of Rostrud dated 06/07/2008 No.  1316-6-1 ).

The nuances of paying overtime work

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 when recording working hours together. The position of employees of the Ministry of Health and Social Development, presented in Letterdated 31.08.2009 No.  22-2-3363 , is as follows: when recording working hours in aggregate, additional payment for overtime work is made at the end of the accounting period.

However, in Decision of the Supreme Court of the Russian Federation dated October 15, 2012 No.  AKPI12-1068 it is recognized that this provision contradicts clause 5.5 of the Recommendations on the application of flexible working time regimes in enterprises, institutions and organizations of industries National economy, approved Resolution of the USSR State Committee for Labor No.  162, All-Union Central Council of Trade Unions No.  12-55 from 05/30/1985, according to which, in the case of overtime work performed by persons transferred to flexible working hours, the hourly accounting of these works is 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 standards. Their payment is made in accordance with current legislation: one and a half times the rate for the first two hours falling on average on each working day of the accounting period, double the rate for the remaining hours of overtime work. Thus, if an employee, for example, worked 30 hours overtime (14 working days of the accounting period), he will be paid at one and a half times for 28 hours (14 days x 2), and for two hours at double the rate.

Let's give an example of calculation wages for overtime work to an employee who is assigned hourly payment labor, taking into account the decision of the RF Armed Forces.

Example.

The employee of the institution has a summarized recording of working time. The accounting period is a month, the duration of the work shift is 12 hours. To this employee The hourly wage is set at 180 rubles/hour. In August he worked 14 shifts, which corresponds to

168 hours - normal working hours according to the production calendar for August 2014. In addition, in the same month, due to production needs, he was involved in overtime work for two hours per shift, there were three such shifts in total. Overtime work in an institution is paid in accordance with Art. 152 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 in total for the month, the total number of 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 rub./hour x 6 hours 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 Ministry of Health employees given in Letter dated 07/02/2014 No.  16-4/2059436 . In it they provide answers to the following questions: how is it calculated? hourly rate to calculate additional pay for overtime work medical workers who work according to a schedule (during the year in certain months there may be overtime or shortfall from the norm of working hours according to the production calendar), is it legal to use the average annual cost of one hour when calculating payment for overtime hours?

So, the Ministry of Health noted that Art. 152 Labor Code of the Russian Federation does not establish the procedure for determining the minimum one and a half and double amount of overtime pay. In his opinion, when paying overtime work, you can use the rules Art. 153 Labor Code of the Russian Federation, according to which the minimum amount of double payment is double the tariff without taking into account compensation and incentive payments.

In addition, officials indicated that the specific amounts of overtime pay may be determined by a collective agreement, local regulations or an employment contract. One-and-a-half and double payments may include all allowances and surcharges established in the organization or part 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 for the purpose of paying overtime work. Thus, according to employees of the Ministry of Health, it is advisable to calculate the hourly tariff rate by dividing the salary established for the employee by the average monthly number of working hours, depending on the established length of the working week in hours. This means that the average monthly number of working hours (for example, with a 36-hour work week) is calculated by dividing the annual norm of working hours 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 hours / 12).

The Ministry of Health argues for this approach to determining the average monthly number of working hours by the fact that such a procedure for calculating part of the salary per hour of work to pay for overtime work (at night or on non-working days) 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.

Let's give an example of calculating wages for overtime work for an employee whose salary is set.

The doctor has a summarized recording of working hours. 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 payment for overtime work, provided that such work in the institution is paid for the first two hours at one and a half times, and for subsequent hours - at double.

According to the 2014 production calendar, with a 36-hour work week in August 2014, the normal working time is 151.2 hours. This month the doctor worked 13 shifts of 12 hours, which amounted to 156 hours for the month. This means that he worked 4.8 hours of 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 hours / 12).

Consequently, the hourly portion of the employee’s salary will be 121.87 rubles. (RUB 18,000 / 147.7 hours). Thus, overtime pay will be equal to RUB 1,048.08. ((121.87 rubles x 2 hours x 1.5) + (121.87 rubles x 2.8 hours x 2)).

In conclusion, we note that Art. 152 Labor Code of the Russian Federation minimum wages for overtime work have been established. An institution in its local regulations may establish other amounts of payment for such work, but not lower than those provided for by the Labor Code. In addition, an 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 you that 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 art. 210 Tax Code of the Russian Federation, Part 1 Art. 7 Law no.  212-FZ).

In accordance with Art. 97 of the Labor Code of the Russian Federation, the employer has the right to involve an employee in work beyond the duration of his working hours for overtime work.

The article brought to your attention reveals the concept of overtime work, discusses the guarantees and compensations that are provided to an employee when hired to work outside of working hours, as well as the procedure for processing documents when attracting an employee to work. overtime work.

THE CONCEPT OF OVERTIME

Overtime is work performed at the initiative of the employer in excess of the standard working time established for the employee during a working day (shift) or during an accounting period, and in the case of cumulative accounting of working time - in excess of the normal number of working hours during an accounting period.

For employees with reduced working hours, work outside of it is also recognized as overtime.

It is important to note that the normal working time is 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Certain categories of workers are provided with reduced working hours.

These include:

· workers under the age of 18 (Article 92 of the Labor Code of the Russian Federation);

· workers who are disabled people of group I or II (Article 92 of the Labor Code of the Russian Federation);

· workers engaged in work with harmful and (or) dangerous working conditions (Article 92 of the Labor Code of the Russian Federation, Resolution of the State Labor Committee of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22 “On approval of the List of production facilities, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and shortened working hours");

· 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).

Thus, for these categories of workers, overtime will be considered work that exceeds the reduced working hours established for them (daily work, shifts) (Article 94 of the Labor Code of the Russian Federation).

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.

Employee, by general rule, has the right to refuse from performing overtime work, which must be notified to the employer in writing. An employee’s refusal to perform overtime work cannot be equated to a violation of labor discipline. However, in the cases listed in Part 3 of Art. 99 of the Labor Code of the Russian Federation, this rule does not apply, that is, the employee’s consent to overtime work not required. Such cases include:

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

2) carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;

3) performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing endanger the life or normal living conditions of the entire population or part of it.

Labor legislation establishes restrictions on the involvement of certain categories of workers in overtime work, as well as its duration.

Can't attract for overtime work:

· pregnant women (part 5 of article 99 and part 1 of article 259 of the Labor Code of the Russian Federation);

· workers under the age of 18 (part 5 of article 99 of the Labor Code of the Russian Federation). The exception is minor athletes (Part 3 of Article 348.8 of the Labor Code of the Russian Federation), as well as creative workers of 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 (Article 268 of the Labor Code of the Russian Federation), the list of professions and positions of which was approved by Decree of the Government of the Russian Federation dated April 28, 2007 No. 252.

WITH written consent and in the absence of a prohibition to work overtime for health reasons, in accordance with a medical report, the following are allowed to work overtime:

· disabled people (part 5 of article 99 of the Labor Code of the Russian Federation);

· women with children under three years of age (part 5 of article 99 and part 2 of article 259 of the Labor Code of the Russian Federation);

· mothers and fathers raising children under five years of age without a spouse (Parts 2 and 3 of Article 259 of the Labor Code of the Russian Federation);

· workers with disabled children (Parts 2 and 3 of Article 259 of the Labor Code of the Russian Federation);

· workers caring for sick family members (Parts 2 and 3 of Article 259 of the Labor Code of the Russian Federation).

If an employee is delayed on his own initiative, according to the letter of Rostrud dated March 18, 2008 No. 6586-0, such work is not considered overtime.

Besides, irregular working hours also does not amount to overtime.

Irregular working hours are a special work regime that gives the employer the right to occasionally involve an employee in performing labor functions outside the established working hours (Article 101 of the Labor Code of the Russian Federation).

The condition for an irregular working day must be enshrined in the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation). Therefore, by signing employment contract with the condition of an irregular working day, the employee agrees to work in this mode.

Work performed during irregular working hours is not subject to additional payment.

Instead, such employees are provided with annual additional paid leave of at least three calendar days (Part 1 of Article 119 of the Labor Code of the Russian Federation).

Work on civil contracts(for example, assignments, paid services, contracts, etc.), carried out in free time from work, as well as work under an employment contract part-time(both external and internal) does not apply to overtime.

Consent to work overtime cannot be recorded in an employment contract; the employee’s separate consent must be obtained for each specific case of overtime work.

DURATION AND PAYMENT OF OVERTIME WORK

Article 99 of the Labor Code of the Russian Federation provides maximum number of hours allowed for employees overtime per year and for two consecutive days. The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

Industry agreements, collective agreements, regulations on working time and rest time for certain categories of workers may also establish a maximum monthly number of hours of overtime work. This applies, for example, to employees railway transport, subway, certain categories of drivers, forest industry workers, etc. In these cases, the rules of special legal acts apply.

For example, for car drivers, when recording working hours in total, work during a working day (shift) should not exceed 12 hours. The exception is cases when it is necessary to complete a trip or a shift worker does not show up (clause 23 of the Regulations on the specifics of working hours and rest time for drivers cars (approved by order of the Ministry of Transport of Russia dated August 20, 2004 No. 15)). However, a 12-hour working day may be established by the driver-employee’s schedule, in which case there will be no overtime work.

It is the employer's responsibility to keep accurate records of each employee's overtime hours.

The Labor Code of the Russian Federation provides for a special payment order overtime work.

By the way, previously overtime was considered work beyond normal working hours. There are a sufficient number of categories of workers who worked reduced working hours and for whom the concept of overtime did not exist, for example all medical, teaching staff. They had no right to be involved in overtime work and, accordingly, to pay for it. According to the current edition Labor Code In the Russian Federation, these categories of workers can now work overtime.

In Art. 152 of the Labor Code of the Russian Federation regulates the issue of remuneration for workers involved in overtime work in the prescribed manner. Applying the established rules, it should be noted that currently:

1) there are no differences in the remuneration of employees involved in overtime work, depending on whether the employee works on a piecework basis or on the basis of a time-based payment system;

2) specific wages for overtime work may be determined in an employment contract or in a collective agreement, but not lower than those established by Art. 152 of the Labor Code of the Russian Federation, which determines the minimum amount of payment for overtime work. In this case, overtime work must be paid at an increased rate, regardless of whether the employer complies with the procedure for attracting overtime work.

So, if during the court hearing it is established that the invitation to overtime work was not formalized in writing, but there was a verbal order from one of the managers, the work should also be considered overtime. Evidence of the employee performing overtime work, in addition to the explanations of himself and witnesses, may be, for example, waybills for a passenger car, in which the employer’s officials certified the facts of the employee performing overtime work, not only by the time the car returned to the garage, but also by the time departure and return along specific routes after the end of the working day.

According to the conclusion of Rostrud (letter dated June 23, 2005 No. 956-6-1), if the employer violates the procedure for engaging in overtime work (for example, exceeding the maximum permissible number of hours of overtime work per year), this should not affect the employee’s right to wages for overtime work.

In all cases, for the first 2 hours of overtime work (as a general rule - per day, and with cumulative accounting - for the accounting period), the employee’s work is paid no less than one and a half size, and for subsequent hours - no less than double size. In other words, you cannot pay less than the limits established in Art. 152 of the Labor Code of the Russian Federation, but you can pay more.

Working conditions that worsen the employee’s position in comparison with the law are considered invalid. They are considered as such in cases where they are established by agreement of the parties to the employment contract or provided for by a collective agreement, and in cases where they are established by local regulations. At the same time, wage regulations, labor and collective agreements may establish, for example, higher rates of overtime pay.

The Labor Code of the Russian Federation allows not only increased payment for overtime hours, but also, as an alternative, provision at the request of the employee rest time for overtime work - lasting no less than the number of hours that the employee worked overtime.

The employee’s desire to receive this type of compensation for overtime work must be expressed in writing, while the employer does not have the right to refuse the employee and is obliged to provide him with additional rest time. The time for using this type of compensation must be agreed upon by the parties.

Article 152 of the Labor Code of the Russian Federation does not establish the maximum duration of additional rest time, limiting only its minimum limit: no less than the time worked overtime. The specific duration of the specified time can be established in a collective agreement, in an individual employment contract or in a local regulatory act of the employer.

Since Art. 99 of the Labor Code of the Russian Federation connects the involvement of an employee in overtime work with his written consent; it is advisable to determine in it the type of compensation, as well as the time of use of additional rest time when the employee chooses this particular type of compensation.

DOCUMENTATION OF INVOLVING AN EMPLOYEE IN OVERTIME WORK

When involved in overtime work, each such case must be documented separately.

As already noted, it is not allowed to include in a collective agreement, local regulatory act, or employment contract provisions containing the employee’s consent to perform overtime work, for example the following: “ By order of the employer, the employee(s) agrees to work overtime».

Initially follows record a fact, which is the basis for engaging in overtime work.

The most common case is the absence of a shift worker from work, which does not allow a break. Failure to appear (or any other reason for engaging in overtime work) should be notified to the head of the enterprise or other official who is authorized to make decisions on attracting employees to overtime work. For this purpose, the head of the department draws up memo. It describes the incident and justifies the need to involve workers in overtime work.

A job description or order can establish the right of the immediate supervisor to notify employees of the need to work overtime. In the absence of such authority, the memo is sent to the head of the enterprise.

To notify an employee involved in overtime work and obtain his consent on an internal note (before sending it to the manager), you should receive consent visa employee.

As already noted, in almost all cases, with the exception of those listed in Part 3 of Art. 99 of the Labor Code of the Russian Federation, it is necessary to obtain the employee’s consent to be involved in overtime work. In this case, employees of preferential categories should be notified in writing of their right to refuse to perform overtime work. This information can be included in the text memo or notifying the employee of the need to work overtime.

If the employee refuses, then he cannot be involved in overtime work. Moreover, for this it cannot be applied to him disciplinary action according to Art. 192 Labor Code of the Russian Federation. The exception is cases when the employee’s consent to engage him in overtime work is not required.

Overtime in time sheet is marked with the letter code “C” or the digital code “04”, under which the time spent by the employee on overtime work is indicated. For employees who keep regular (daily) working time records, on days when they performed overtime work, it is recommended to take into account normal and overtime work time in two lines of the timesheet. For employees who have summarized working time recording, overtime hours are recorded in the time sheet at the end of the accounting period.

O. O. Sherstneva,
legal adviser on civil law issues

The legislator defines work beyond the normal working hours outside the accounting period established for a given employee as overtime or as work on irregular working hours.

Overtime work- this is the employee’s fulfillment of his labor function outside normal limits at the initiative of the employer or with his knowledge.

Overtime involves both exceeding the norm and violating it. At the same time, according to the Labor Code of the Russian Federation, in some cases the employee’s consent is not required (Part 3 of Article 99), in others, work is performed only with the written consent of the employee (Part 2 of Article 99) and is carried out taking into account the opinion of the elected body of the primary trade union organization (Part 4 Article 99).

Overtime work is associated with increased energy costs and reduced rest time, therefore labor legislation establishes a number of guarantees for those performing it. According to the Labor Code of the Russian Federation, these include, in particular: limitation of overtime work (four hours for two days in a row and 120 hours per year - part 6 of article 99); increased pay (for the first two hours, no less than one and a half times the rate, for subsequent hours - no less than double - Article 152); a special procedure defining the procedure for attracting overtime work; prohibition to involve workers in overtime work who need increased social protection, for example, pregnant women and workers under the age of 18 (part 5 of article 99); a special procedure for involving certain categories of employees in overtime work. Thus, overtime work by disabled people and women with children under three years of age 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. These workers must be familiarized with their signature to refuse overtime work (Part 5 of Article 99 of the Labor Code of the Russian Federation).

These guarantees also apply to employees with disabled children under the age of 18; workers caring for sick members of their family in accordance with a medical certificate issued in the manner established by labor legislation; mothers and fathers raising children of the corresponding age without a spouse (Part 3 of Article 259 of the Labor Code of the Russian Federation), and for guardians (trustees) of minors (Article 264 of the Labor Code of the Russian Federation).

The head of the organization issues an order (instruction) to involve employees in overtime work. The order specifies the basis for engaging in overtime work, for example, the need to eliminate the consequences of an industrial accident, the prevention of an industrial accident (Article 99 of the Labor Code of the Russian Federation). This order indicates the last name, first name, and patronymic of the workers involved in its implementation, as well as the duration of such work.

Judicial practice proceeds from the fact that compliance established by law the procedure for inviting employees to work overtime is mandatory. So, if, in violation of the requirements of the law, the order (instruction) to engage in overtime work was not issued by the head of the organization, and the employees worked after the end of the shift on the basis of an oral instruction from the head of the department, for example, the head of the workshop, then payment for their work must be made in an increased amount as overtime.

Part 2 Art. 99 of the Labor Code of the Russian Federation contains a list of overtime work, the performance of which requires the written consent of the employee. Such cases include the need to complete the work begun, if failure to do so could lead to serious consequences, temporary work on the repair and restoration of mechanisms or structures, the malfunction of which could cause the cessation of work for a significant number of workers, as well as the continuation of work in the absence of a replacement worker, if work does not allow a break.

The list of circumstances that allow an employer to involve employees in overtime work without their written consent is given in Part 3 of Art. 99 Labor Code of the Russian Federation. This refers to emergency circumstances that threaten the life, normal living conditions of the population or part of it, the performance of work necessary to prevent disasters, industrial accidents, eliminate the consequences of disasters, accidents and natural disasters, and the performance of socially necessary work to eliminate violations of life support systems.

Part 4 art. 99 of the Labor Code of the Russian Federation provides for the possibility of involving employees in overtime work in other cases, in addition to the emergency and unforeseen circumstances listed in the article. The law does not define the concept of “other cases”, which allows the employer to use overtime work in case of any complications in the organization’s activities, 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 Art. 99 of the Labor Code of the Russian Federation, the employer must comply with the requirements of Art. 372 of the Labor Code of the Russian Federation - request the opinion of the elected body of the primary trade union organization. The requirement to take into account the opinion of the elected body of the primary trade union organization 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.

A unique type of overtime work, not mentioned in the Labor Code of the Russian Federation, but often used in practice, is duty. The term “duty” is used in three senses:

• the employee performs his usual job duties within the framework of his profession, qualifications during shift work;
• performance of work duties that are not included in the scope of his normal work duties;
• the employee is in a state of readiness to perform job responsibilities at the request of the employer.

Duty in his different types used, for example, in housing and communal services, energy organizations, education, government institutions. The significantly different meaning that industry and local regulations attach to the concept of “duty” does not allow us to unambiguously determine its legal essence. This often allows the employer to deprive the employee of the guarantees established for him by labor legislation.

Russian legislation provides for certain hours allocated for overtime work. Violation of standards is subject to administrative punishment. Sanctions can be applied both to the employer and to the enterprise or institution itself. Overtime hours are usually called that time period that goes beyond the staffing table provided by law and the Ministry of Health.

What is meant by the term overtime working time?

Modern law operates in concepts work time And overtime working hours. According to the first term, work week employees should not exceed 40 hours. Traditionally, it lasts 5 days with an eight-hour load. However, the threshold of 40 hours can be reduced to 36 or even 24 hours, which is regulated by Art. No. 91 TK.

Quite often, the performance of professional tasks requires going beyond the above standards. This gives grounds to state the fact of a planned adjustment normal mode.

There are two options for its implementation:

• irregular shift;
• overtime work.

Irregular shifts are rarely relevant for the entire staff. More often it is practiced for individual team members who are involved in specific jobs and positions. The responsibilities of each such employee are necessarily reflected in local documentation.

In particular, the employer must, by official order, designate a set of official and professional duties, the fulfillment of which requires going beyond the staffing table. This situation is more an exception than a generally accepted rule.

But “overtime” can extend to the entire team, as provided for in the Labor Code. Industry legislation clarifies and adapts regulations to each specific enterprise or production conditions.

Regulation is implemented:

• Ministerial Order No. 139 of 2005;
• Law No. 181 of 1995 (it lists the rights and social guarantees disabled people involved in production);
• by order customs service No. 2529 of 2011.

Overtime work should not exceed the standards specified in these regulations and orders.

What work is considered overtime?

Any professional activity, which goes beyond the standard temporary standards, has a root cause. For example, it can be triggered by extreme situations at the enterprise. As a rule, any unscheduled activity is initiated by the employer or administration. Moreover, the circumstances that provoke unscheduled work may be so non-standard that it (the work) does not always have to be supported by the consent of the staff.

According to the procedure for engaging in overtime work, the approval of personnel is not important for:

The administration has the right not to request personnel approval to work overtime during a state of emergency. Finally, personnel are involved in unscheduled work not after, but before an approaching natural disaster to minimize the impact of the disaster.

In addition, circumstances may arise in production or an enterprise that are not associated with increased danger, but require the involvement of personnel in work outside the framework of temporary standards.

The employer or administration must obtain the written consent of employees, if necessary:

• carrying out repair work on equipment that has lost its functionality;
• the logical completion of a professional task that was not completed due to technical circumstances (in this case, failure to complete this task is fraught with causing material damage to the enterprise or is associated with a potential danger to human health);
• restoration of working mechanisms if their dysfunction is fraught with the suspension of the production process.

The employer also has the right to involve an employee in overtime work if his partner fails to show up during a continuous production cycle. This situation also risks stopping the production process.

The administration should not always require the consent of each team member. In particularly urgent situations involving repair work in production, involving workers in overtime work is allowed with the approval of the trade union.

Mothers with dependent children under 3 years of age may be involved in unscheduled work that exceeds standard standards only with their written consent. The same provision applies to disabled workers. However, under no circumstances are pregnant women or team members under the age of majority allowed to work overtime.

Duration of unscheduled work

The duration of extracurricular employment is regulated by Art. No. 99/6 TK. It states, in particular, that it should not exceed 4 hours over two shifts in a row. The maximum duration of overtime work per year should not exceed 120 hours in total.

Time beyond the regular schedule is recorded in several ways.

It can be carried out:

• weekly;
• daily;
• summed method.

If the enterprise uses the summarized method of accounting for processing, then the billing period can be taken as a quarter, a year or a month. Less often, time is calculated by half-year.

The summarized method is relevant if the employer cannot ensure recording of daily working hours. This, for example, is typical for personnel involved in performing tasks remote from the main place of work. The same technique is used for shift workers.

In each individual case, this indicator changes. However, when recording overtime on a quarterly or annual basis, the duration of overtime should not exceed 4 hours for two shifts in a row. For a year, this value should also not exceed 120 hours in total, as with daily accounting.

Overtime work: documentary base

There is no strict documentation for registration of “extracurricular work”. But the nuances of documentation are specified in Art. No. 99 TK.

The procedure for engaging in overtime work includes the written consent of team members or the approval of the trade union. As a rule, the document is prepared in advance and, if necessary, it is simply offered to employees for signature. The employer decides in what form to obtain consent.

It is often practiced to paint workers directly on the order. But in case of sudden family circumstances, a person may refuse to perform overtime work after he has signed the order.

In practice, this will mean that the employee has become familiar with the contents of the order, but not his consent to the processing. Therefore, it is more rational to prepare special notifications that would indicate the beginning and end of unscheduled work.

There should also be a special place for the signature of the employee, who not only read it, but also gave his consent. The absence of a signature on the notice means a lack of consent. As a motivating factor, the employer can inform the notice about the option of remuneration for overtime.

The order for the enterprise should reflect the motives for involving personnel in overtime work and social guarantees for each member of the team. It also necessarily lists all the circumstances that became the reason for involving workers in overtime work. In addition, the order states full list of the employees involved, indicating the personnel number of each and their position.

The order for the enterprise must reflect the time period during which overtime work will be carried out. Dissemination of its contents to the entire team is mandatory.

On specialized services on the network it is offered finished form order, which you just need to download and use at your enterprise.

How are overtime hours paid?

Regardless of the intensity of the work shift associated with extreme production circumstances, personnel service must scrupulously record the overtime hours of each employee in the time sheet.

The employer may offer employees financial compensation or provide an additional day of rest. However, an additional day off is possible only if the employee himself expresses a desire for this method of compensation. In the vast majority of cases, material payment is practiced.

According to existing standards, out-of-hours time is paid as follows:

• one and a half times the base rate - for the first 2 hours;
• double size - for all other times.

Additional accruals can be paid separately or added to wages.

Thus, the registration of unscheduled work beyond the regular schedule requires not only the diligence of the staff, but also the responsibility of the employer for the organization of this type of activity and subsequent compensation.