Overtime work: features of registration and payment. Overtime work - accounting, payment procedure, compensation and involvement in overtime work Overtime work cannot exceed

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

Standard working time and its excess

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

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

Duration of overtime work

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

How many overtime hours are allowed per month?

The permissible number of hours for overtime depends on what working hours are in effect in the company and the number of working days in the week.

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

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

How is overtime limited during the year?

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

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

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

Payment for overtime

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

• additional rest time;
• or increased wages.

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

• labor or collective agreement;
• local regulatory act.

The Labor Code of the Russian Federation (Article 99) differentiates cases when employees are involved in work beyond working hours:

1. After receiving the written consent of the subject - if it is necessary to repair equipment, the malfunction of which may make it impossible for a significant part of the team to perform labor functions; if there is a risk of damage to the employer’s material assets; if the employee’s replacement did not show up, etc.
2. After receiving the written consent of the person, as well as in the presence of a medical certificate that the state of health allows such work to be performed - for disabled people and women with children under 3 years of age.
   IMPORTANT! The rules for obtaining a medical document were approved by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 No. 441n.
   
3. Without obtaining the consent of the person, for example, if the work is necessary to prevent a disaster or eliminate its consequences (all grounds are listed in paragraphs 7-9 of Article 99 of the Labor Code of the Russian Federation).
4. After obtaining the consent of the employee and the trade union body - in all other cases.

The maximum amount that should not exceed the duration of overtime work

The maximum duration of overtime work is 120 hours within a year, and within 2 days in a row, overtime work according to the Labor Code of the Russian Federation should not exceed 4 hours (the employer independently decides how to divide the 4-hour period between 2 days).

In addition, there are industry regulations that impose specific maximum processing times. Thus, according to clause 23 of the Regulations on the peculiarities of the working time and rest time of car drivers, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 No. 15, the sum of the driver’s working and overtime hours for 1 working day should not be more than 10, unless there is delay in work does not threaten the employer’s property and is not caused by absenteeism or lateness of the shift driver. In exceptional cases, it is possible to increase the duration of overtime work to 12 hours.

The employer accurately takes into account the overtime of any team member.

IMPORTANT! A distinction should be made between irregular working hours (this regime is fixed in local regulations and employment contracts) and overtime work. For the first employee, he receives not monetary compensation, but additional leave under Art. 119.

Payment for overtime hours on a shift schedule and total recording of work time (2018 - 2019)

Art. 152 of the Labor Code of the Russian Federation establishes the basic principle of payment for overtime work: the first 2 hours - 1.5 times higher, further time - 2 times. By local acts of the company, these indicators can be increased, but not decreased.

Example: if 3 hours of excess of the norm occurred on 1 working day, the first 2 hours will be paid at one and a half times, and the last - at double, but if within 2 days - the entire overtime is subject to payment with an increase of 1.5 times.

NOTE! If the employee wishes, instead of payments, overtime activities can be compensated for by additional rest, the duration of which cannot be less than overtime.

In this case, overtime work is paid at the usual rate, and rest will not entail a revision of wages.

Difficulties in calculating payment are caused by cases when an organization keeps a summary record of working hours with a flexible schedule. The Supreme Court of the Russian Federation, in decision dated October 15, 2012 No. AKPI12-1068, clarified that overtime should be considered time worked outside of the shift, and in case of cumulative time accounting, activities after 2 hours should be paid in double amount not within the accounting period, but 1 day .

Law of June 18, 2017 No. 125-FZ Art. 125 of the Labor Code of the Russian Federation was supplemented with Part 3 - the latter brought beyond the scope of overtime work, work beyond the norm on weekends and holidays, paid at an increased rate.

Employers should strictly comply with regulatory requirements regarding the procedure for involving employees in overtime work, depending on the categories to which they belong, or the situation that determined the need for such work, as well as the duration of overtime. According to special rules, payment for overtime activities is calculated in cases where an organization maintains summarized records of working time.

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;

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, 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.

Comments to Art. 99 Labor Code of the Russian Federation

1. Overtime work is work performed at the initiative of the employer in excess of the standard working time established for the employee during the working day (shift) or during the accounting period. Involvement in overtime work is carried out by the employer with the written consent of the employee in the exceptional cases specified in the commented article and 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.

When considering an employer’s application for overtime work, the elected body of the primary trade union organization finds out:

1) the true reasons for engaging in overtime work;

2) whether these reasons and cases are exceptional, provided for by the Labor Code;

3) whether the employee candidates fall into the category of persons who cannot be involved in overtime work.

2. The following are not allowed to work overtime: pregnant women, workers under the age of 18, and other categories of workers in accordance with federal law.

In practice, the following is not considered overtime:

1) work performed by a part-time employee beyond the time stipulated by his employment contract, but within the maximum working hours established by law, although involvement in such work is permitted on the same grounds as overtime work. Overtime overtime in excess of the established working hours is not considered for persons with irregular working hours and employees working part-time;

2) work beyond the established working hours while working standard hours with a flexible work schedule;

3) work in which the actual duration of daily work on certain days may not coincide with the duration of the scheduled shift;

4) work beyond the stipulated working hours for employees with irregular working hours, if it is compensated by additional leave;

5) work during vacation hours without pay, work performed part-time (in excess of the established working hours), as well as work performed by an employee in excess of the working hours stipulated by the employment contract, but within the established duration of the working day (shift), working part-time;

6) work in excess of the established working hours, performed in the form of external and internal part-time work.

The legislator has defined a special procedure for attracting an employee to overtime work, a list of circumstances that can serve as a basis for attracting an employee to perform this work.

The employer must obtain permission to perform overtime work from the elected body of the primary trade union organization before starting work. Only in emergency cases (natural disaster, accident, absence of a shift worker), when it is impossible to obtain prior permission, overtime work can be carried out with subsequent notification of the trade union body.

3. Involving disabled people and women with children under 3 years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. They must be informed in writing of their right to refuse overtime work.

In jobs with dangerous and (or) harmful working conditions, as well as when the work shift lasts 12 hours, overtime work is not allowed.

4. Overtime work is used only in exceptional, unforeseen cases. Overtime should not be used to complete routine tasks.

5. The employer has the responsibility to keep accurate records of overtime work performed by each employee.

6. If summarized accounting of working time is used, in which the actual duration of daily work may be more or less than provided for according to the schedule, and these deviations are balanced (mutually canceled out) within the accounting period, then overtime hours are recognized not in excess of the shift according to the schedule, but in excess norms of working hours for the accounting period (see commentary to Article 104 of the Labor Code).

7. The employer issues an order to perform overtime work, having received the consent of the trade union body, which indicates the type of work and the reasons for its implementation, the category of workers involved in overtime work. However, if the employer did not issue such an order, but his verbal order was given, then the work is considered overtime.

Work is recognized as overtime regardless of whether it was part of the employee’s normal job duties in his profession, specialty, or whether the employee performed another job duty assigned to him by the employer in another profession, specialty, or position.

8. The concepts of “overtime work” and “irregular working hours” have different legal content and, accordingly, different legal regulation. Consequently, restrictions on the duration of overtime work cannot apply to workers with irregular working hours.

As a general rule, work beyond the established working hours performed by an employee with irregular working hours is compensated by annual additional paid leave.

Overtime work, as a general rule, is compensated by increased pay, the possibility of which, at the request of the employee, can be replaced by additional rest time.

Overtime concept

The procedure for engaging in overtime work. Overtime pay

It is prohibited to engage in overtime work

According to current labor legislation, the employer has the right involve your employees in overtime work, i.e. performing work duties outside the standard working hours.

In this article we will look at what this means in practice overtime work, what guarantees and compensations are due to employees involved in labor duties beyond the duration of their working day, how overtime work is paid and what documents it is drawn up.

Overtime concept

Overtime work- this is the performance by an employee of labor duties on the initiative of the organization’s management in excess of the time limit provided for this person during the day or for a certain time period subject to accounting. In the case of using summarized working time recording, overtime work refers to hours worked by a person in excess of the basic number of hours for the period subject to accounting. If an employee has a reduced working day, then the time worked in excess of it is also considered overtime.

It should be noted that the statutory basic weekly working hours determined in size 40 hours. For some categories of workers, it is reduced, taking into account the specifics of the job duties they perform (teachers, doctors, women who work in the Far North, workers engaged in harmful and dangerous work), as well as their physical characteristics (disabled people of categories 1-2) .

Additional leave for hazardous working conditions

Procedure for engaging in overtime work

An employer has the right to involve its employees in overtime work only with their written consent in cases where:

1. It is necessary to complete the work begun, which was not completed within the established time due to technical reasons, and failure to complete it may lead to damage or destruction of the organization’s property or pose a threat to the health and life of workers and other people;

2. It is necessary to complete repair work on structures, as well as mechanisms, due to malfunction of which the work of a large number of employees of the organization may be stopped;

3. It is necessary to ensure continuous work in a certain area in the event of a shift worker’s absence. In this case, the employer is obliged to ensure that the shift worker is replaced by another person as soon as possible.

If an employee does not want to perform work beyond the established working hours, he has the right to write a written refusal. Such a refusal should in no case be considered a violation of labor discipline. But there are a number of cases that are provided for in Part 3 of Art. 99 of the Labor Code of the Russian Federation, when the employer does not need the employee’s consent to work overtime. This:

How to fire for violation of labor discipline

As for consent to perform overtime work, it is given by the employee in each specific case separately. It is impossible to provide for the involvement of employees in overtime work in an employment contract.

Overtime and irregular working hours

It is worth noting that in cases where an employee is late at work not at the direction of management, but at his own request, his work is not regarded as overtime. Likewise, what is provided for an employee cannot be equated to overtime work. In this case, we are talking about a special labor regime, when the employer, if necessary, has the right to require subordinates to perform some labor functions at times not included in the basic working day. About what is established for an employee irregular working hours, must be stated in the employment contract, by signing which the employee agrees to such a working condition. Accordingly, work on an irregular working day schedule in excess of the established amount is not paid, and for the purpose of compensation, the employee is given additional leave - at least 3 calendar days.

Additional paid leave: what are the features?

Duration of overtime work

The Labor Code provides for the maximum possible number of hours that a person can work above the norm for 2 days in a row and throughout the year. These are 4 hours and 120 hours respectively. In addition, the internal regulations of the organization may establish a maximum number of hours per month, which overtime work should not exceed. This is typical for railway transport workers, drivers, etc. For example, for a minibus driver, when calculating the total amount of working time, the working day cannot exceed 12 hours. The exception here will be cases in which it is necessary to complete the flight or wait for a replacement. True, the duration of a shift of 12 hours can be fixed by the driver’s work schedule, and there is no talk of overtime work.

To avoid cases of non-compliance with the established limits of overtime work, the employer is obliged to keep strict records of time worked for each employee individually.

How is overtime paid in 2017?

The procedure for paying overtime hours is regulated by Article 152 of the Labor Code of the Russian Federation. Unlike the previous rules for payment of hours worked in excess of the norm, in this edition there are no differences in payment for overtime work for employees working on a piecework or time-based basis. It is possible for the employer to approve specific amounts of payment for overtime work in an employment or collective agreement, but not lower than those established in Art. 152 of the Labor Code of the Russian Federation, which defines the minimum threshold of payment for excess hours of work.

Overtime work must be paid at an increased rate regardless of the employer’s compliance with the procedure for involving an employee in overtime activities. For example, if it is revealed that there is no written consent of the employee, but there was a verbal order from the manager, the work performed is considered overtime. And in addition to the explanations of the direct executor and witnesses, various documents can serve as proof of its implementation, for example, car waybills with marks from officials about the time of departure and return of the car to the garage, as well as location at specific addresses at the end of the working day.

In any case, overtime work is paid for the first two hours of work at one and a half times the rate, for the following hours - at 2x. This is the minimum threshold provided for by the Labor Code, below which you cannot pay, but above it you can. This kind of provision can be fixed in a collective agreement, regulations on remuneration and other regulations for the enterprise.

In addition to increased pay for overtime hours, as an alternative, it may be possible to provide additional hours of rest in an amount not less than those worked in excess of the norm. The written consent of the employee must be obtained for such a replacement, and the time for using such compensation must be agreed upon by both parties.

At the same time, the Labor Code does not define the maximum duration of rest time provided as compensation for overtime worked. More specifically, this can be stated in a collective or labor agreement or other local acts of the organization.

Experts in the field of labor law recommend that the type of compensation for overtime worked be specified directly in the employee’s written consent to overtime work. If these are additional hours of rest, then it is recommended to write down their number here.

Procedure for engaging in overtime work: documentation

As noted above, the inclusion of provisions regarding the consent of employees to perform overtime work in a collective or labor agreement, as well as other local acts of the organization, is not allowed.

Sample of overtime notice: