About overtime. Overtime, or when overtime has a cash value

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

The norm of working hours and its excess

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

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

Length of overtime work

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

How many overtime hours are allowed per month?

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

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

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

How is overtime limited during the year?

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

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

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

Overtime payment

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

• extra rest time
• or higher wages.

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

• labor or collective agreement;
• local regulation.

Every employee knows the unspoken rule: “if you don’t have time, stay after work.” This situation is not always caused by the incompetence and disorganization of the worker himself - often the employer is also to blame (incorrect organization of the work process, flaws in the calculation of the load, etc.), and simply circumstances (for example, an increased interest of customers in the company's products / services during the holidays). It is for the last two scenarios that the law introduced the concept of overtime work - forced processing, compensated to the employee in an increased amount.

What does the law mean by overtime work?

The concept of work outside the main work schedule is introduced by Article 99 of the Labor Code (LC) 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 (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

Legislator

Labor Code of the Russian Federation, part 1 of Art. 99

It is necessary to distinguish overtime employment from other similar phenomena - work in the framework of an irregular work schedule and even temporary transfer.

If an irregular framework of work is agreed with the worker (this is specially stipulated in the labor agreement with him), he cannot have overtime employment by definition. Such an employee can be involved in work simply by verbal order of the employer, overtime hours do not need to be taken into account, they are not subject to increased payment. Overtime employment is compensated to the employee on much more favorable terms. They are described in Art. 152 of the Labor Code of the Russian Federation.

Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

Legislator

Labor Code of the Russian Federation, part 1 of Art. 152

Sometimes the employer believes that by attracting an employee to overtime work, he can entrust him with any work (even beyond the scope of the labor function), because the purpose of the involvement is to overcome some kind of emergency. However, this is not the case at all. According to Art. 99 of the Labor Code, work can only be performed within the framework of the duties specified in the contract. Otherwise, we are talking about a temporary transfer - and this is already a different design, and other conditions, and "masking" for processing is a direct violation of labor laws.

A separate point is processing with a summarized accounting of hours worked. This is somewhat different than "stay after work." Processing may occur at the end of the accounting period (month, quarter, etc. - as established by the contract). It should be understood that this cannot be planned in advance in the work schedule - it is imperative to follow the procedure for engaging in overtime work.

The controversial point is the application of the law to part-time employees (known to everyone 0.5 rates, 0.25 rates, etc.). Supporters of a systematic interpretation of the norms of the Labor Code see such a contradiction: Art. 22 of the Labor Code obliges the employer to provide all employees with equal pay for work of equal value. It turns out that a part-time employee is already being paid more (they work less, but get paid like everyone else), while ordinary workers cannot count on this. Supporters of a literal reading of the law appeal to the fact that Art. 99 clearly indicates: "... outside the working hours established for the employee ...". Part-time work is set individually, by contract, which means that work within the normal 40-hour week can be considered overtime. This point of view is confirmed by the letter of Rostrud dated 01.03.07 No. 474–6-0, but there is still no judicial practice.

Overtime is a pure administration initiative. And in such a common situation, when she did not require processing from the employee (even if she knew about them), the “extra” work is not subject to either increased payment, or even payment in a single amount. The employee is not entitled to initiate overtime work independently.

Overtime work should be distinguished from the personal initiative of the employee (some have their own reasons for staying late at work)

Based on the meaning of the norms of the article under consideration, it can be concluded that overtime work is the exception rather than the rule. There are restrictions on the number of such processing: 4 hours for two consecutive days, 120 hours for a year.

When you can and when you can not involve in overtime work

There is a closed list of situations when only his consent is enough to attract an employee to work overtime:

• the objective impossibility of production to complete the task within the framework of the working day, if the consequences of its non-fulfillment can be deplorable (loss or damage to property, danger to people);
• the need to adjust mechanisms, structures, if malfunctions can stop the work of many people;
• the need to replace a colleague who did not come to work (with the simultaneous search for other replacement options), if the production process cannot be interrupted in any way.

It is allowed to work outside the work schedule and in other situations, but in addition to the approval of the employee, the employer will also need a trade union opinion. If there is no primary organization at the enterprise, this condition does not need to be observed, but a special procedure may be established in the local regulations of the enterprise (for example, approval by another collective body).

It is noteworthy that the opinion of the trade union is only taken into account - if you read the law literally, the approval of this organization is not necessary. The administration is obliged to notify the trade union and familiarize itself with its response before issuing an order, but it is not bound by the opinion of the trade union - it can also make the opposite decision.

Leaving after work without the consent of a working person is possible only in exceptional cases (their list is also closed):

• the purpose of the work is to prevent a catastrophe or industrial accident, to eliminate their consequences;
• work needs to be done for the life support of society (adjustment of centralized water supply systems, gas supply, etc.), but the emergence of problems was also sudden;
• work is due to the special situation introduced on the territory (military, emergency).

Not every employee can be left after work. Involvement (even with their consent) is not subject to:

• pregnant women;
• minors;
• students (Article 203 of the Labor Code);
• suffering from an active form of tuberculosis (clause 4 of the Instruction, approved by the Decree of the Council of People's Commissars of the USSR of 01/05/1943 N 15).

And young mothers (the child is not even three years old) and disabled people in any case must give their consent, while receiving information about the opportunity to refuse. Art. 264 of the Labor Code gives young mothers the opportunity to avoid processing if it is prohibited by their medical certificate. The list of those whose written consent is required includes single mothers and fathers with children under five years of age, parents of disabled children, employees caring for a sick relative.

The procedure for issuing paid processing

The first thing a personnel officer should take care of is to determine the reason that caused the need for overtime work. The second is to find out if the employee belongs to one of the privileged categories. It makes sense to once again check whether there is a condition on irregular working hours in the labor agreement with the employee. It is the preparatory work that determines the further course of action.

The basis for the conclusions may be a memo from the head of the structural unit that initiated the procedure. It is addressed to the head of the enterprise, who decides on the advisability of launching the process and puts an appropriate resolution on it.

The initiative to involve in processing is manifested in the form of a memo addressed to the head of the enterprise

Employee Notification

There are two ways to notify an employee (if necessary):

• by issuing a separate notice (recommended);
• by getting acquainted with the order - a method quite consistent in the legal sense, but not entirely convenient in practice. If the employee does not agree with the order, it will be necessary to cancel it - and this is an additional "piece" of work.

The notification is made in any form. It is important to reflect in it:

• factors that led to the need for processing;
• the exact day and number of hours of work;
• the nature of the work (not required, but desirable);
• conditions of payment or other compensation for "extra" labor (according to the Labor Code), a proposal to choose one form or another.

Based on the variety of situations, several notification options can be developed at once:

1. Simple notification (no union, no explanation of the possibility to refuse).

   If the employee is not in the benefits category, the reason for the involvement does not require the opinion of the union, a simple notice can be drawn up

2. Notification with a visa of a representative of the trade union committee. The opinion of the trade union in this situation should not be motivated - a visa “I do not mind / object” from an authorized member of the trade union committee is sufficient. It is most convenient to put this visa on the notice of the worker. But a separate request for the opinion of the trade union is not excluded.

   If for some reason it is not possible to obtain a simple visa on notification of an employee, you can issue a separate request for a trade union opinion

3. Notification with a warning about the possibility of refusal.

   The law requires a mandatory written explanation of the right to refuse for certain categories of employees

The employee must make an inscription on the notification that allows him to accurately interpret his expression of will:

In all cases when an employee is asked for consent to processing, it is quite possible that he will refuse. The employee is not obliged to motivate his decision, the employer is not entitled to apply any measures of influence. This completes the attraction process. Refusal is not possible in cases that involve the lack of approval of the employee in accordance with Art. 99 TK. Failure to leave may result in disciplinary action.

Administrative document

The basis for involvement is not the notification and approval of the employee, but the corresponding order. It is compiled on the basis of the collected documents (notices, opinions of the trade union, consent - if necessary). The form of the order is arbitrary, but the document must contain the following information:

• employee data - full name, position;
• an indication that he is involved in overtime work;
• exact date(s) and time of work;
• the procedure for compensation (an order from the accounting department - to pay in an increased amount or to the personnel department - to provide an additional period of rest).

If the employee was not given a notice (the second method was chosen - familiarization with the order), he must be familiarized with the document against signature. Still, you should check with him in advance about the method of compensation.

The order for involvement in overtime work is drawn up in any form

Accounting and payment of overtime work

Overtime work cannot be planned in advance (in the schedule), they are taken into account after the fact - in the time sheet. The amount of processing is indicated separately for each day, on a separate line. The letter designation is "C", the digital designation is "04".

Time worked overtime on weekdays and turnout on weekends are recorded separately.

The law does not require that you keep a log of overtime work (a time sheet is enough). But for the convenience of the personnel officer and in order to prevent overworking in excess of the maximum norms established by law, it is advisable to maintain such a journal.

It is important not to allow more than 120 hours of annual processing for each employee

Compliance with the rule of 4 hours for two days in a row is conveniently controlled by orders (check - by timesheets). But to take into account the limiting 120 annual hours, one cannot do without a journal.

Payment for overtime hours worked occurs on the company's pay days (together with the salary).

Employer's liability and jurisprudence

There are no special rules on the liability of the employer for violating the law in the field of involving employees in overtime work. Nevertheless, the sphere of relations is quite responsible - there are certain clear limits that you just want to cross. The most common violations are related to:

• incorrect determination of the reasons requiring processing, which entails a violation of the procedure for processing work;
• violation of the procedure for attracting employees (or its absence at all);
• mixing the concepts of "non-standard work" and "overtime employment";
• violation of the rights of privileged categories;
• exceeding the limits for involving employees in processing;
• improper processing compensation.

Responsibility upon detection of these violations occurs under the general article of the Code of Administrative Offenses of the Russian Federation - 5.27 (“Violation of labor legislation”). At the request of an employee, the prosecutor's office, and more often the labor inspectorate, can attract to it.

An employee who worked as a cashier, in court, demanded to recover from the employer an additional payment for overtime work. She pointed out that the employer did not keep records of working time, and did not pay overtime. The time sheet provided by the employer, in her opinion, did not correspond to reality. She kept her own time sheet, in which every day she recorded the data that was available to her to confirm the correctness of the document: the serial number of the control meter at the end of the working day, the readings of the summing cash meter at the beginning and end of the working day, the income for the working day by the meter. The court of first instance denied the worker's claim, but the appellate instance reversed this decision and adopted a new decision on the case, which satisfied the claim. The lower court, refusing to satisfy the demands of the employee, proceeded from the fact that she performed overtime work on her own initiative. There was no initiative of the employer to involve the employee in overtime work. The Court of Appeal did not agree with this conclusion, referring to the cashier's certificates and reports. In addition, it was taken into account that the employer, having paid the employee an increased salary, thereby recognized the fact of overtime work.

Appeal ruling of the Volgograd Regional Court dated June 1, 2012 No. 33–4789/2012

In different ways, the courts approach the partial registration of overtime work (if only a time sheet is present). The claims of employees in such a situation are not always satisfied - both the correctness of the time sheet and the proof of the employer's intentions can play a decisive role.

The employee filed a lawsuit to recover from the employer extra pay for overtime work. As evidence, a time sheet compiled by him was presented. The courts of first and appellate instances upheld the claims of the worker. In support of their positions, the courts referred to the employee's job description, from which it followed that it was he who kept track of working time. The employer's reference to the absence of orders to involve the employee in overtime work was rejected. At the same time, the court took into account the employee's explanations that overtime work was carried out by him on the oral orders of the head of the organization, which at the end of the month were drawn up in writing in the appropriate way, that is, with the same time sheet.

Appeal ruling of the Kirov Regional Court dated January 19, 2012 No. 33-164

There are in judicial practice and the results of consideration of disputes about payment (in particular, during processing within the framework of the summarized accounting of working hours).

The employee applied to the Supreme Court of the Russian Federation with a statement in which he asked to invalidate clause 5.5 of the Recommendations on the use of flexible working hours at enterprises and organizations in the sectors of the national economy, approved by a joint resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated May 30, 1985 No. 162 and No. 12 -55 (hereinafter referred to as the Recommendations) in the part that provides for payment of overtime work in one and a half times for the first 2 hours, falling on average on each working day of the accounting period, for the remaining hours - in double the amount. The lower authorities refused him this. According to the Supreme Court of the Russian Federation, based on the meaning of Art. 152 of the Labor Code of the Russian Federation, work continued after the first 2 hours is paid double. processing during the working day (shift), and not the accounting period. The normal number of working hours for the accounting period, as follows from Part 2 of Art. 104 of the Labor Code of the Russian Federation, is determined depending on the duration of daily or weekly working hours established for this category of workers. Since with the summarized accounting of working time it is impossible to observe the length of working time during the day (shift) or week, then, accordingly, it is impossible to establish the duration of daily processing and determine the number of hours, of which 2 hours are payable at one and a half times, and the remaining hours - in double size. The law, having established the procedure for payment for processing in excess of the length of the working day (shift) established for this category of workers, does not determine the mechanism for paying for the processing of the normal number of working hours for the accounting period with a summarized accounting of working time. Therefore, by virtue of Part 1 of Art. 423 of the Labor Code of the Russian Federation Recommendations continue to be valid.

I have a higher legal education, work experience in court, bank, at an enterprise. Despite the fact that my main specialization is criminal law and procedure, all my professional activities are related to commercial law, ranging from personnel issues to lending issues. For a long time I have been writing reviews of foreign and domestic media on business topics.

In general, in order to involve an employee in overtime work, the consent of the employee is required, but in some cases such consent may not be obtained. In this article, explanations will be given regarding the legality of involving employees in overtime work without the consent of the employee himself in 2018.

What is overtime work?

According to Art. 99 of the 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 (shift), and in the case of summarized accounting of working hours, in excess of the normal number of working hours for the accounting period.

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

Calculation of overtime pay

Overtime pay is regulated by Art. 152 of the Labor Code of the Russian Federation:

In the event that night work is overtime, payment is made taking into account night work.

Example:

Loader Grishin G.G. On November 2, 2017, I had to work overtime (from 18:00 to 20:00).

Salary Grishin G.G. 10000 rubles.

In November 2017, 21 working shifts.

The duration of the working day is 8 hours.

Surcharge calculation:

- for the first 2 hours (18:00-20:00): (10000/21)/8*50%=59.52*2(hours)=119.04 rubles.

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How is overtime pay taxed?

In accordance with the tax legislation of the Russian Federation, the additional payment made for overtime work is not a payment exempted from taxation and insurance premiums.

The employee will be paid the amount, taking into account the deduction of personal income tax.

Overtime work requiring employee consent

In accordance with Art. 99 of the Labor Code of the Russian Federation, it is allowed to involve an employee with his consent in overtime work only in the following cases:

• if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform (non-completion) of this work may lead to damage or destruction of the employer's property ( including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;
• in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a significant number of employees to stop working;
• to continue work if the replacement employee does not appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

In some cases, overtime work is allowed without the consent of the employee (Article 99 of the Labor Code of the Russian Federation):

• in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sanitation systems, gas supply, heat supply, lighting, transport, communications systems;
• in the 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 that put under threat to the life or normal living conditions of the entire population or part of it.

Contraindications for overtime work

In accordance with Art. 99 of the Labor Code of the Russian Federation cannot work overtime or may not work:

Responsibility of the employer for violation of the law regarding overtime work

Violations when involving employees in overtime work refers to a violation of labor legislation, which entails the imposition of a penalty in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation:

Responsibility of the employee for violation of the law regarding overtime work

In the event that the employee has provided his written consent to overtime work, but has not started work, the employer has the right to apply a disciplinary sanction against this employee.

Questions and answers

1. I am 6 weeks pregnant. My shift is forced to urgently leave for family reasons. The director says there is no one to work. Does he have the right to make me work for my shift?

Answer: No, your director is absolutely wrong. In accordance with Art. 99 of the Labor Code of the Russian Federation, pregnant women are not involved in overtime work, and the gestational age is not specified. Thus, the director has no right to involve you in overtime work.

1. My child is 2.5 years old. The director wants me to work overtime. Can I refuse?

Answer: According to Art. 99 of the Labor Code of the Russian Federation, women with children under the age of 3 years can be involved in overtime work only with their written consent. Without your written consent, no one has the right to involve you in overtime work.

The work schedule of any organization determines the specific number of hours that must be worked per day by each employee. However, employees often stay at the workplace at the request of the employer. Such cases are treated as overtime work, which, according to the Labor Law, must be paid.

But not all employers are in a hurry to fulfill their duties and provide employees with earned money. Therefore, it is important to understand how the amount of compensation for work outside the schedule is determined, and how the registration procedure takes place in general.

Cases where the professional process for some reason requires delays in the workplace occur quite often. Usually, the employer himself is the initiator of activities in excess of the prescribed norm.

It is in such circumstances that the wording “overtime work” is used, which the Labor Code of the Russian Federation interprets as professional activity initiated by the employer outside the duration of a fixed time.

The framework of the latter establishes an appropriate work schedule for employees. When calculating the amount of hours worked, in this case, an excess of those for the recorded period is detected.

Individual cases

So, with overtime on a typical day, everything is clear. If a person is delayed at work to fulfill certain labor obligations at the request of the employer, such a situation is overwork.

For example, a woman holds the position of an accountant and her working day, according to the schedule, starts at 8.00 and ends at 18.00 with an hour-long lunch break. However, the manager asks her to stay until 21.00, for example, on Wednesday, to complete the report. Here, the overtime period will be 3 hours - from 18.00 to 21.00.

Other options are the preparation of an urgent order, assistance in troubleshooting technical problems, for example, for system administrators, when the entire workflow can stop because an error has crept into the system, and other options.

For example, a locksmith specialist completed his work week, however, on Saturday he was called to eliminate the accident. The activity took place from 12.00 to 19.00. In this case, the exit of the employee is recognized as work on the day off.

But if the professional process is carried out at night, while the schedule does not provide for activities at this time of day, work is classified as overtime and as night at the same time. Here it is worth clarifying that such work involves activities from 22.00 to 6.00.

For example, a person works as a peddler of dishes from 18.00 to 23.00. The leader asks him to stay until 2 am. In this case, payment is made as follows:

• from 6 to 10 pm as for regular work according to the schedule;
• from 10 to 11 pm how for activities at night

According to the Labor Code of the Russian Federation, overtime work is such employment that is carried out outside the normal working hours. Since earnings for processing are accrued at an increased rate, many employees are willing to work extra. But what is the legal maximum overtime? Are there time limits, and if so, what are they? Let's take a closer look at this issue.

According to stat. 99 overtime work according to the Labor Code of the Russian Federation is carried out by personnel at the initiative of the employer. In some situations, such employment requires the consent of the employee, and in others it does not. Overtime must not exceed 4 hours. for two consecutive days separately for each specialist. Accounting is carried out in time sheets according to a standard form.

What is the limit for overtime during the year? On this account in stat. 99 there are separate clarifications. The maximum duration of overtime work should not exceed 120 hours per year. This requirement is mandatory for all employers. The registration form of the business and the sectoral scope of activity do not matter.

What kind of work is considered overtime

Not all types of employment are recognized as processing. To understand the difference between irregular hours and overtime, you first need to know the definition of normal working hours. In accordance with stat. 91 of the Labor Code is the period of performance by an individual of his official duties established by labor conditions.

In view of the foregoing, the main difference between overtime work and irregular working hours is the employment of the employee outside the time of employment indicated in the TD (employment contract). In addition, an employee can be involved in overtime only if there are circumstances according to stat. 99, at the initiative of the employer. If at the end of the working day the employee remains in the organization, we are talking about processing. And a special NSD regime (non-standardized working day) can be introduced on the basis of the list of positions with NSD and when such conditions are indicated in the TD.

Note! There are no restrictions on the processing limit at NSD. But such a regime can be introduced only on occasional conditions and if there is a production need (Stat. 101 of the Labor Code).

Overtime work and its restrictions by categories of personnel

Despite the fact that the involvement of an employee in overtime work is allowed at the request of the employer company, not all categories of employees are allowed to operate in an increased mode. Some specialists can be involved only with the consent (must be in writing); some without such consent; and it is forbidden to force someone to work even in a situation where the employee himself does not object to overtime.

Overtime work with the consent of the staff is allowed for:

• Completion of previously started work, delayed due to technical conditions of production, and affecting the death or damage to the property of the employer, SUE or MUP. This rule applies to property objects of third parties transferred for temporary storage to the employer.
• Carrying out repair and / or restoration work of structures / mechanisms, the shutdown of which may affect the employment of a larger number of the employer's personnel.
• Continuous performance of work in the absence of a shift worker. At the same time, the employer company is obliged to take immediate measures to ensure the replacement of the non-appearing shift with another employee.

Involvement in overtime work according to the Labor Code of the Russian Federation without the consent of the employee is allowed in the following cases:

• Carrying out types of work due to the need to eliminate or prevent various industrial accidents, catastrophes, natural disasters.
• Carrying out public works caused by the need to eliminate the consequences of a violation of the normal functioning of the central systems of hot water supply, cold water supply, water disposal, heat and gas supply, communications, transport and electricity supply.
• To carry out work caused by emergency, including martial law and natural disasters. Such employment is due to the need to prevent the threat to the normal life of people, as well as to preserve their health.

Note! In other situations, the involvement of employees in overtime is possible only with their consent (in writing) and taking into account the opinion of the trade union committee.

It is forbidden to involve specialists under the age of 18 in processing, as well as pregnant workers. And disabled people, women with young children under the age of 3 years can be issued for overtime only with their consent and provided that there are no medical contraindications. In addition, the employer is obliged to inform such persons in advance of the right to refuse overtime - the notification is brought to the attention of employees against personal signature.

Overtime work with summarized accounting of working hours

We found out what the duration of overtime work for each employee is no more than 4 hours for the next two days and 120 hours. in a year. And if time is recorded in a summarized way, how is the duration of overtime determined in this case? For example, an employee works as a driver in shifts. The beginning and end of the working day is provided for in the TD and is set from 8.00 to 20.00. for a shift.

When calculating the busy time in a summarized way, the calculations are performed for a given period - a quarter, a month, or a year. In this case, the maximum duration of overtime work of drivers should not exceed the norm. The indicators are approved at the level of federal legislation and depend on the position of the employee. In accordance with the Order of the Ministry of Transport of Russia No. 15 dated August 20, 2004, the maximum duration of a driver shift is 12 hours. (item 10). But this rule applies to certain types of transportation - intercity, regular suburban and urban, for medical institutions, etc. (p. 10-12). In normal cases, the duration is 10 hours. (item 9).

The main feature of overtime with the summarized method of accounting for employment is the calculation of earnings. The calculation of the processing time and, accordingly, the exact amount of salary, is performed only at the end of the period. If, for example, a quarter is set as the reporting period, you need to calculate remuneration for overtime employment based on the results of the quarter. Therefore, it is more profitable for an employee to have a month as a period, then the employer will calculate and pay the staff a salary for processing on a monthly basis.

Note! In accordance with Part 3 of Art. 152 if an employee worked on holidays or weekends, such employment is paid according to the norms of stat. 153, that is, according to the rules for calculating earnings for weekends / holidays. Overtime does not include this time.

How is overtime compensated?

How should overtime work be compensated? Are overtime pays higher? And can overtime work be compensated by additional rest? The answer is given in stat. 152 TK. It says here that the first two hours of overtime must be paid at least 1.5 times more than usual; and all subsequent - twice. Each employer has the right to independently provide for a higher salary for overtime by entering specific amounts in the LNA. It is not allowed to accrue earnings in a smaller amount.

Can an employee take a day off in lieu of monetary compensation? This possibility is provided for in Art. 152. In order to exercise the legal right to additional rest, an individual must write a free-form application addressed to the management with a request for time off. The duration of such rest should not be less than the processing time. If a specialist decides to use time off, he will not be able to earn more than usual. Or increased compensation, or time off - according to the law, one thing is provided.

Personnel procedure for engaging in overtime work

Due to the fact that the Labor Code of the Russian Federation in many cases prescribes to have the employee’s consent to overtime, the first thing that is drawn up for such employment is a written consent document for unscheduled work. The form is signed by the individual personally. The second mandatory document is the order of the employer's management on the need for overtime processing, where it is necessary to justify the expediency of such employment.

To accurately record the time actually worked out by the staff, time sheets are kept, where it is noted separately for each employee how many hours he worked. All designated documents can be drawn up in any form, indicating the required data and details. You can also use ready-made unified forms.

Note! If the employee is disabled or has children under 3 years of age, a notice of the right to refuse to go to overtime is also drawn up for such a person. The document is brought to the attention of the specialist under his personal signature. This will help the employer to protect themselves in the event of labor conflicts.

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