home Ideas Labor code of the Russian Federation work in overtime. Overtime, or when overtime has a cash value

Labor code of the Russian Federation work in overtime. Overtime, or when overtime has a cash value

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

Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:

1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to specifications production could not be performed (completed) during the working hours established for the employee, if the failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer (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;

2) during the production 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;

3) to continue work in the absence of a replacement employee, 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.

Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:

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

2) in the production of public necessary work to eliminate unforeseen circumstances that disrupt the normal functioning centralized systems hot water supply, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, transport, communications;

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

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

It is not allowed to involve pregnant women, employees under the age of eighteen, other categories of employees in accordance with this Code and other federal laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

Updated 02/27/2020

2018-09-06T10:15:48+03:00

Overtime work of the Labor Code of the Russian Federation is work performed by an employee at the initiative of the employer outside the norm established for the employee. What should be the duration and how is overtime paid? Payment for overtime work according to the Labor Code of the Russian Federation is made in an increased amount. Overtime must not exceed...

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What is overtime work of the Labor Code of the Russian Federation? How is it paid? P The duration of overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

In an unstable financial and economic climate, many employers seek to optimize labor costs.

Mutual consent required

In general, the employee must obtain consent to work overtime. Two design options are possible:

the employee expresses his consent by making an appropriate inscription on the overtime order;
the employee writes a statement addressed to the head of the organization in any form.

Note that overtime work without the consent of the employee is possible in the following cases (part 3 of article 99 of the Labor Code of the Russian Federation):

performance of work necessary to prevent a catastrophe, accident or eliminate the consequences of a catastrophe, accident or natural disaster;
performance of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, heating, sewerage, gas supply, lighting, transport, communications;
performance of work due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations (fires, floods, earthquakes, epidemics, etc.).

The following employees are prohibited from working overtime:

pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);
persons under the age of 18,

The exception is:

certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their List was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252;
athletes, if collective or employment contract, agreements, local regulations establish cases and procedures for engaging in overtime work (part 3 of article 348.8 of the Labor Code of the Russian Federation);
employees during the period student agreement(part 3 of article 203 of the Labor Code of the Russian Federation);
other employees (as a rule, restrictions are established for medical contraindications, for example, for persons with an active form of tuberculosis - Decree of the Council of People's Commissars of the USSR of 01/05/1943 N 15; drivers admitted to driving vehicle as an exception due to a special state of health, - Sanitary regulations on occupational health of car drivers, approved by the Ministry of Health of the USSR on 05.05.1988 N 4616-88).

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

obtain the written consent of the employee;
make sure there are no medical contraindications;
familiarize employees against signature with the right to refuse to perform overtime work.

Such employees include (part 5 of article 99, article 259, article 264 of the Labor Code of the Russian Federation):

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

Involvement in overtime work with the consent of the employee and without his consent

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

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

In order to be recruited for grounds the consent of the trade union organization, since these circumstances are extraordinary. For refusal to perform such work, an appropriate act is drawn up, and the employee is subject to disciplinary liability.

With the written consent of an employee, an employee can be involved in overtime work in the following cases (part 2 of article 99 of the Labor Code of the Russian Federation):

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 this work may result in damage or destruction of the employer’s property or endanger life and health of people;
during temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause a stoppage of work for many employees;
to continue work if the replacement employee does not appear, if the work does not allow a break.

The employer is obliged to familiarize certain categories of employees with the right to refuse such work against signature. In the Ruling of November 14, 2006 in case N 4-B06-31, the Supreme Court of the Russian Federation indicated that Art. 371 of the Labor Code of the Russian Federation provides for the obligation of the employer to make decisions taking into account the opinion of the relevant trade union body, even if he is not a member of the trade union.

Tip two: verbal agreements can lead to unnecessary disputes. To avoid this, take the position that all employee-employer agreements are documented. Issue an order for involvement in overtime work and familiarize the employee with it. unified form such an order has not been approved, so the employer has the right to develop it independently. In the order, indicate the reason for involving the employee in overtime work, the date the work began, the last name, first name, patronymic of the employee, his position and the details of the document in which the employee expressed his consent to be involved in such work.

Tip three: if a collective agreement or other local normative act the amount of additional surcharge is established, then indicate this amount in the order. The amount may also be determined by agreement of the parties. Overtime work can be compensated by an increased wage or additional rest time at the request of the employee (Article 152 of the Labor Code of the Russian Federation). If the employee has decided on the form of compensation, include this item in the order as well. Familiarize yourself with the order of the employee under the signature. By the way, the legislation does not oblige the employer to provide additional rest at a time convenient for the employee. However, the parties can always agree.

Overtime pay

The Labor Code provides for 2 options for compensating an employee for labor in excess of the established standards. The first way is increased payments.

Overtime is paid for the first 2 hours - at one and a half times, and for the next - at least double. Specific amounts of payments can be fixed by a collective agreement, an internal regulatory act of an enterprise, an employment contract.

Unfortunately, the Labor Code does not define a unified procedure for calculating overtime pay. Therefore, enterprises install it independently, taking into account the specifics of their activities. Some organizations calculate the cost of one hour of overtime work based on the amount of earnings for the month in which the employee performed it and the number of hours provided for this employee, according to production calendar. At other enterprises, the calculation is based on the monthly salary and the average monthly number of hours.

As a result, when using a different procedure for calculating overtime pay, you can get completely different amounts. In order to avoid conflicts, it is advisable to fix the selected calculation rules by an internal normative act.

Example.

An employee of the institution has a summarized record of working time. The accounting period is a month, the duration of the work shift is 12 hours. This employee has hourly payment labor in the amount of 180 rubles per 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 the institution is paid in accordance with Art. 152 of the 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 a month, the total number 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 rubles per hour x 6 hours x 1.5).

As for the procedure for calculating the hourly tariff rate from the established monthly rate, we would like to draw your attention to the explanations of the employees of the Ministry of Health, given in Letter No. 02.07.2014 16-4/2059436 . In it, they provide answers to the following questions: how the hourly rate is calculated to calculate the extra pay for overtime work medical workers working according to the schedule (during the year, in some months, processing or underworking from the norm of working hours according to the production calendar is possible), is it legal to use the average annual cost of one hour when calculating the payment for hours of processing?

An example of calculating overtime hours with a salary

The salary of an employee Malofeeva L.G. is 25,000 rubles per month. In September 2016, the employer detained him twice: on September 1 for 3 hours, on September 8 for 1 hour. We will calculate overtime if the norm for Malofeev L.G. 40-hour five-day work week.

The first way (according to the average monthly number of working hours in 2016):

In 2016, the average annual working time for a 40-hour week is 1974 hours (see production calendar). Let's calculate the hourly part of Malofeev's salary in the average form:

In September 2016, the employee received a total of 759.85 + 227.95 = 987.80 rubles. for working overtime.

The second way (according to the actual number of working hours per month):

In September 2016, the average monthly work time for a 40-hour week is 176 hours (see production calendar). Let's calculate the hourly part of the salary of Malofeev L.G. based on the actual (not average) number of working days in September:

We see that when we got a completely different amount of hourly earnings than when calculating the first method (almost 10 rubles less). But at the same time, in another calendar month - in which the number working hours less than in September - it will turn out, on the contrary, the amount is larger than in the average annual calculation.

Total for September 2016 Malofeev L.G. overtime accrued: 710.20 + 213.06 = 923.26 rubles.

The amount came out less than in the first case, which is unprofitable for the employee. The Ministry of Labor in a letter dated 08/09/2002 No. 1202-21 recommends using the first method of calculating overtime if this improves the financial situation of the employee.

Calculation of overtime hours with a shift schedule

According to Art. 103 of the Labor Code of the Russian Federation, a shift schedule implies work in two or three or four shifts, the need for which is due to the continuity production process. Shift work is necessarily fixed in the employment contract with the employee, since it is his essential condition. If the shifter leaves at the request of the employer not on his shift, then the payment for this day is charged in double the amount, or the employee is given a day off on his working day. In case of falling out according to the shift schedule on a holiday non-working day, labor is paid twice according to Art. 153 of the Labor Code of the Russian Federation. In addition, a shift or part of it may fall at night, work during which is paid at an increased rate (at least 20%) under Art. 96 of the Labor Code of the Russian Federation.

When an employer detains a shifter at work over the hours allotted according to the schedule, he is obliged to pay extra to the employee. Let's figure out how to calculate overtime hours with a shift schedule. And also if the work is overtime at night. The formula for calculating the amount of overtime does not change: the first two hours are paid at the rate of one and a half hours of the hourly part of earnings, the subsequent hours - at double. As an example, let's take the calculation of overtime and night in a medical institution.

The specifics of the work of doctors involves the round-the-clock presence of staff in the institution, the work schedule in the hospital is shifting. At the same time, in case of delay of doctors and other health workers outside the shift, the management is obliged to pay for processing. Let's figure out how to calculate night and overtime with doctors.

An example of calculating overtime and night shifts

The medical worker Trifonov I.P. was assigned a work regime in two shifts of 12 hours each (day shift from 8:00 to 20:00, night shift from 20:00 to 8:00). The salary of an employee is 16,000 rubles. The norm for Trifonov I.P. is a 40 hour work week. In September 2016, he was required to work overtime for 4 hours on September 2 after the day shift, and for 2 hours on September 5 after night shift. The local regulatory act of the medical institution establishes an additional payment for night work in the amount of 40% of the official salary (the minimum amount of such an additional payment under the Labor Code of the Russian Federation is 20%, but employers have the right to establish more favorable conditions for employees). We will calculate the additional payment for Trifonov I.P. for work outside of school hours.

According to the production calendar in September 2016 for a 40-hour work week, the labor time rate is 176 hours. To calculate overtime, we select the hourly part of the salary of Trifonov I.P.:

Night hours are the time from 22:00 to 6:00 (work at this time is paid at an increased rate). September 2 Trifonov I.P. was involved in work after a day shift for 4 hours, the shift ends at 20:00. The employee worked overtime from 20:00 to 24:00, 2 hours of this period fall at night. For these 2 hours, he is entitled to an additional 40% of the salary, in addition, they are paid in double the amount, while the first 2 hours of processing in one and a half. But when calculating overtime and night time, it is not necessary to multiply the coefficients at the same time. Add the amount of extra pay for night hours and the amount of overtime.

Of which 72.72 rubles - for work on the night shift.

After the night shift on September 5, Trifonov worked 2 hours - the work fell on the daytime, does not exceed 2 hours and is paid at one and a half times.

Total in September Trifonov I.P. accrued for extra work, partially falling at night, 709.02 + 272.70 = 981.72 rubles.

Calculation of overtime with summarized accounting of working hours

According to Art. 104 of the Labor Code of the Russian Federation, in the case when it is impossible to comply with the daily (8 hours in general) or weekly (40 hours) standard of working time, it is permissible to introduce a summarized accounting of working hours in the organization. Working hours are not counted per week, but for the period that the organization sets. It can be a month, a quarter or a year. Such accounting is introduced so that the duration of working time does not exceed the normal number of working hours in the entire allotted period. At the same time, in one week an employee can work more than the norm, and the next week, on the contrary, less. The employer will evaluate the time worked after the end of the accounting period - month, year or quarter.

It is convenient to use the summarized accounting for companies with a shift schedule, in which employees work every day in three, two by two or several shifts a day. With such accounting, processing may also occur, for which it is necessary to calculate the payment.

Additional payment for extracurricular work with the summarized accounting of working time is made after the end of the accounting period. Consider how overtime is calculated using an example.

An example of calculating overtime with a summarized accounting of working hours

Employee Selivanov M.A. an hourly wage is set at 150 rubles per hour, the organization has a summarized accounting of working time, the accounting period is a quarter. The general norm of working time for this employee is 40 hours per week. Let's calculate the overtime for Selivanova M.A. for the 2nd quarter of 2016, if he worked 496 hours in this quarter according to the time sheet.

According to the production calendar, the norm of working time with a 40-hour week in the 2nd quarter of 2016 is 488 hours.

According to the results of the quarter, Selivanov worked 496 - 488 = 8 hours overtime. Of this time, 2 hours are paid in one and a half times, and the remaining 6 hours in double:

Payment for overtime work Selivanova M.A. will amount to 2,250 rubles at the end of the accounting period - the 2nd quarter of 2016 with a summarized accounting of working hours.

How to arrange processing

Working time standards are approved by the Labor Code in Art. 91. Normal working time is 40 hours per week (in some cases 36 hours). Payment for overtime work according to the Labor Code of the Russian Federation in 2019 is made within 120 hours a year. Exceeding this indicator is considered an offense. Over a two-day interval, processing cannot be more than 4 hours. For part-time workers, overtime is calculated daily.

To involve an employee in work after the end of the shift, the company's management must obtain the written consent of the employee. Overtime work is paid on the basis of the order. Consent and order are issued in any form. Employees under the age of 18 may not be recruited to work beyond the normal length of time. The ban also applies to pregnant women.

Documentation of attraction of an employee to overtime work

When engaging in overtime work, each such case must be drawn up separately.

As already noted, it is not allowed to include in the collective agreement, local normative act, labor contract provisions containing the consent of the employee to perform overtime work, for example: By order of the employer, the employee(s) agree(s) to work overtime».

Initially follows record a fact, which is the basis for attraction to overtime work.

The most common case is the non-attendance of a shift for work that does not allow a break. Absence (or other grounds for engaging in overtime work) should be notified to the head of the enterprise or otherwise executive which is authorized to make decisions on involving employees in overtime work. To do this, the head of the department is memo. It describes the incident and justifies the need to involve workers in overtime work.

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

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

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 consent of the employee to involve him in overtime work. At the same time, employees of privileged categories should be notified in writing of their right to refuse to perform overtime work. This information can be included in the text of a memo or notice to an employee about the need to work overtime.

If the employee refuses, then it is impossible to involve him in overtime work. Moreover, for this it cannot be applied to him disciplinary action under Art. 192 of the Labor Code of the Russian Federation. The exception is cases where the consent of the employee is not required to involve him in overtime work.

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

Overtime pay rules

Legislation stipulates the minimum coefficients used to calculate compensation for excess work. The employer has the right to increase them. For this, new tariffs are approved by an internal act. When calculating the amount of processing, it is necessary to focus on the provisions of Art. 152 of the Labor Code of the Russian Federation - payment for overtime work for the first 2 hours is carried out using a coefficient of 1.5, for each subsequent hour a coefficient of 2 is used.

If overtime falls on a weekend or holiday, different rules apply. These days are excluded from the overtime calculation period. They are remunerated as work on holidays, regardless of the total number of hours worked that day. Overtime pay is always paid excluding public holidays and public holidays.

Cumulative time tracking

When using it, it is often difficult to determine which work is overtime and which is rationed. Accordingly, there are difficulties in calculating compensation. To solve emerging problems, one should be guided by the Recommendations on the application of the flexible working time regime in institutions, organizations, and enterprises of the national economic sectors, approved in 1985.

In accordance with clause 5.5 of this regulatory act, when overtime work is performed by citizens transferred to a flexible work regime, hourly work is recorded in total relative to the established billing period (month, week).

Accordingly, only those hours worked in excess of the norm provided for a particular period will be recognized as irregular. Accordingly, overtime work lasting 2 hours will be paid at the rate of one and a half, and the following hours in excess of the norm - at double.

The practice of applying the rules

Based on the above information, the following calculations can be made. Suppose a citizen worked 43 hours overtime for 20 days of the reporting period. Of these, 40 hours will be compensated in one and a half times, and the remaining 3 - in double.

The rules enshrined in paragraph 5.5 of the Recommendations were recognized as correct by the RF Armed Forces, despite the fact that the Ministry of Health gave slightly different explanations. Thus, in the Letter of 2009, the department recommended that overtime work be calculated at the end of the reporting period. For example, if an employee worked 19 hours in excess of the norm, then 2 of them are paid at one and a half, and 17 at double the rate.

By general rules, enshrined in Article 153 of the Labor Code, labor activity on a non-working (including holiday) day must be paid double. In practice, the question often arises - how to calculate earnings for a citizen involved in overtime work on a day off? Explanations on this matter are present in the Decree of the State Labor Committee of 1966. According to the normative act, when calculating hours worked overtime on a weekend or holiday, they should not be taken into account, since this labor activity is already paid double. —

T K RF Article 99 Overtime

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.

Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:

1) 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 loss of property the employer (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;

2) during the production 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;

Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:

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

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

(as amended by Federal Law No. 417-FZ of December 7, 2011)

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

It is not allowed to involve pregnant women, workers under the age of eighteen, other categories of workers in overtime work in accordance with this Code and other federal laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

R The employer must ensure that the overtime hours of each worker are accurately recorded.

The Labor Code regulates overtime work, the procedure for its accounting and payment. For hours worked in excess of reporting period, remuneration is made at an increased rate. An alternative option is to give the employee time off. It is necessary to focus on daily processing, and in case of summarized accounting - on the result of working out for a month or another accounting period.

How to arrange processing

Working time standards are approved by the Labor Code in Art. 91. Normal working time is 40 hours per week (in some cases 36 hours). Payment for overtime work according to the Labor Code of the Russian Federation in 2018 is made within 120 hours a year. Exceeding this indicator is considered an offense. Over a two-day interval, processing cannot be more than 4 hours. For part-time workers, overtime is calculated daily.

Overtime pay rules

Read also Sample filling SZV-TD for January 2020

Calculation algorithm in practice

An example for the case of summarized accounting of hours worked.

Initial data:

the employee has a standard working time of 40 hours in 5 days;
hourly payment is applied, the tariff rate is 431 rubles;
in the period from April 16 to April 22, 2018, the excess of the working hours was recorded on Friday - instead of 8 hours, the employee spent 12 hours at the workplace.

To calculate, the accountant needs to know how overtime is paid according to the Labor Code, what rules are approved local act enterprises. If applicable standard size coefficients, then the salary for April will be calculated according to the following scheme:

The final indicators of processing are displayed. To do this, the actual time worked according to the time sheet is compared with the norm for a particular month. According to the production calendar, the April standard is 167 hours. The timesheet shows 171 hours. Payment for overtime work according to the Labor Code of the Russian Federation will be calculated for 4 hours (171 - 167).
The calculation of the cost of the first two hours of processing gave a result of 1293 rubles. (2*431*1.5).
The cost of the remaining excess hours is 1724 rubles. ((4-2)*431*2).
Time worked within the norm will be paid in the amount of 71,977 rubles. (167*431).
The salary and overtime payment in April 2018 according to the statement will be the total amount of 74,994 rubles. (1293+1724+71977).

An example of calculating processing time with holidays present in the calculated interval.

The billing period is June 2018. The employee was involved in work on June 9 (at 10 o'clock), June 12 (at 6 o'clock) and June 13 - at 10 o'clock. The norm for June 9 is 7 hours (pre-holiday working day), June 12 is a holiday, June 13, the standard working time should be at the level of 8 hours. How is overtime paid?

processing for June 9 is equal to 3 hours (10-7);
for June 12, a double tariff will be applied, as for holiday, this day is excluded from the calculation of excess time;
processing on June 13 was 2 hours (10-8);
5 hours (3+2) are payable as overtime;
at a coefficient of 1.5, earnings for 2 hours will be calculated, at a coefficient of 2 - 3 hours.

New edition Art. 99 Labor Code of the Russian Federation

Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:

Commentary on Article 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 established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.

In case of daily accounting of working time, work in excess of the established length of the working day is considered overtime.

In the aggregate accounting, overtime will be considered work in excess of the established duration of the work shift.

Usually, an order is issued on the production of overtime work, which specifies the reasons why they are necessary, the categories of workers involved in the work. However, if such an order is not issued, but there was an oral order from one of the representatives of the administration, then the work is recognized as overtime.

Overtime work is recognized in practice even when it was carried out not only with the knowledge of the employer, but also with the immediate supervisor of the work (foreman, site manager, etc.). However, in all cases, involvement in overtime work is possible only with the written consent of the employee.

Work is recognized as overtime, regardless of whether it was included in the scope of the employee's duties or not.

It is not overtime work, in which the actual duration of daily work on certain days may not coincide with the duration of the shift according to the schedule.

Overtime work in excess of the established working hours is not recognized when working out the norm of hours with a flexible work schedule, which will be discussed in the section on working hours.

Work in excess of the stipulated length of the working day of workers with irregular working hours, if it is compensated additional leave more than 28 calendar days is not considered overtime.

Overtime work during unpaid leave hours is not considered, as well as work performed in combination (in excess of the established working hours), work performed by the employee in excess of the time provided for by the employment contract, but within the established duration of the working day (shift), part-time workers (Resolution of the Plenum Supreme Court dated November 24, 1978 N 10 "On the application by the courts of the legislation regulating the remuneration of workers and employees").

Does not apply to overtime and work in the order of combining professions (positions) (Article 151 of the Labor Code of the Russian Federation).

Work under civil law contracts (for example, assignments, paid services, contracts, etc.), carried out in free time, does not apply to overtime.

Involvement in overtime work is carried out by the employer with the written consent of the employee and does not require the permission of the representative body of employees in the following cases established by Article 99 of the Labor Code of the Russian Federation:

2) during the production 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;

Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:

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

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

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

These guarantees are also extended to employees with disabled children under the age of 18; workers caring for sick members of their families in accordance with a medical report (part 2 of article 259 of the Labor Code of the Russian Federation); fathers raising children of the appropriate age without a mother, and guardians (custodians) of minors (Article 264 of the Labor Code of the Russian Federation).

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

It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.

In other cases, in addition to those specified in Article 99 of the Labor Code of the Russian Federation, involvement in overtime work is allowed in addition to the written consent of the employee, taking into account the opinion of the representative body of employees. I.e Labor Code The Russian Federation establishes a double guarantee against unreasonable involvement of employees in overtime work.

With regard to a certain category of workers, a direct ban on involvement in overtime work has been established.

Very often, overtime work is confused with the so-called "irregular working day". The latter is a condition of an employment contract concluded with certain categories of workers (usually managers, specialists) and consisting in the fact that on certain days, if necessary, these workers can be involved in work in excess of the length of the working day (shift).

For each specific employee (and not on average for all persons involved in overtime work, not for the organization as a whole), overtime work cannot last more than 120 hours per year and 4 hours for two consecutive days.

In some cases, separate regulations allow higher limits on overtime work. This applies, for example, to employees railway transport, subway, some categories of drivers, forestry workers, etc. In these cases, the rules of special legal acts apply.

So, for example, in paragraph 5 of the Regulations on the peculiarities of the regime of working hours and rest time of communications workers with a special nature of work dated September 8, 2003 N 112, it is indicated that the use of overtime work is allowed in cases provided for in Article 99 of the Labor Code of the Russian Federation, as well as in the following exceptional cases:

1) in the production of urgent work to eliminate accidents on communication lines and station equipment;

2) in the performance of work on the transportation and delivery of mail and periodicals in cases of delay of the railway, air, sea, river and road transport or untimely submission of periodicals by publishers;

3) when processing increased telephone, telegraph and postal exchanges on the eve of holidays;

4) when processing orders for periodicals during the subscription campaign;

5) in case of unscheduled delivery of pensions.

Involvement in overtime work in these exceptional cases is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.

The Labor Code of the Russian Federation provides for a special procedure for paying overtime. Article 152 of the Labor Code of the Russian Federation regulates the issue of remuneration of workers involved in in due course to overtime work. Applying the rules of Article 152 of the Labor Code of the Russian Federation, it should be noted that at present:

1) the differences in remuneration of employees involved in overtime work, depending on whether the employee works on the basis of time-based system pay or work piecework;

2) specific amounts of remuneration for overtime work may be determined in a collective agreement or in an employment contract.

In all cases, for the first 2 hours of overtime work, the employee's work is now paid at least one and a half times, and for the next hours - at least twice the amount. In other words, rigidly established centralized upper limits overtime pay. You cannot pay less than the limits established in Article 152 of the Labor Code of the Russian Federation, but you can pay more.

In addition, now it is allowed not only to provide time off for overtime work, but also to add days off to annual leave, release the employee from work on other days for the number of hours for which the employee was involved in overtime work.

Another commentary on Art. 99 of the Labor Code of the Russian Federation

1. Part 1 of Art. 99 defines overtime work. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for him. In this case, the established working hours are understood to mean the working hours established for this employee in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, an employment contract (Article 97 of the Labor Code of the Russian Federation).

With the summarized accounting of working hours (see Article 104 of the Labor Code of the Russian Federation and commentary thereto), overtime is considered to be work in excess of the normal number of working hours for the accounting period.

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

3. Since the use of overtime work leads to the excess of the norm of working time, the legislation establishes legal guarantees that ensure its limitation. These guarantees are:

a) establishment of lists of circumstances under which, in order to involve an employee in overtime work:

his consent is not required;

the written consent of the employee is required;

b) the introduction of a complicated procedure for engaging in overtime work in other cases;

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

d) establishment of a circle of persons who cannot be involved in overtime work.

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

5. Part 2 of Art. 99 lists the cases when the involvement of employees in overtime work is allowed only with their consent. Such cases include the need to complete the work that has been started, if its failure to do so may lead to serious consequences, the performance of temporary work on the repair and restoration of mechanisms or structures, the failure of which may cause a significant number of employees to stop working, as well as the continuation of work if the replacement employee does not appear, if the work does not allow a break.

6. Finally, part 4 of Art. 99 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 absence in the Code of specifying the concept of "other cases" allows the employer to raise the question of the application of overtime work in case of any complications in the activities of the organization, individual entrepreneur. As an additional guarantee of limiting overtime work in the absence of emergency or unforeseen circumstances under Parts 2 and 3 of Art. 99 of the Labor Code, along with obtaining the written consent of the employee, there is also a requirement to take into account the opinion of the elected body of the primary trade union organization.

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

If the elected body of the primary trade union organization and the employer consider it necessary to regulate the procedure for taking into account the opinion of the trade union body in cases where such a procedure is not defined by the Labor Code, they can do this in a collective agreement.

7. Persons who cannot be involved in overtime work include pregnant women, employees under the age of 18, other categories of employees in accordance with the Labor Code and other federal laws.

8. With regard to women with children under the age of three, as well as disabled people, the Labor Code, allowing in principle to involve them in overtime work, established a special procedure for involving them in such work: in addition to obtaining the written consent of the employee, the employer must, in writing to familiarize him with the right to refuse overtime work (part 5 of article 99 of the Labor Code of the Russian Federation). The same procedure for engaging in overtime work is established in relation to mothers and fathers raising children under the age of five without a spouse, employees with disabled children, and employees caring for sick members of their families in accordance with a medical report, as well as for fathers raising children without a mother, guardians (custodians) of minors (see art. art. 259, 264 of the Labor Code of the Russian Federation).

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

10. By prohibiting the involvement of underage workers in overtime work, the Labor Code established an exception to this general rule: creative workers and professional athletes under the age of 18, whose professions are indicated in the lists established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social labor relations, may be allowed to work overtime (see article 268 of the Labor Code of the Russian Federation and commentary thereto).

11. Established part 6 of Art. 99 of the Labor Code of the Russian Federation, the maximum limits for the duration of overtime work: four hours for two consecutive days and 120 hours per year - cannot be exceeded.

12. Non-compliance by the employer with the obligation to keep accurate records of overtime work performed by each employee is a violation of labor legislation and should entail the responsibility of the employer, but cannot lead to infringement of the rights of the employee. The employee has the right to demand payment for overtime work even if they are incorrectly executed or not taken into account.

13. Overtime work is paid for the first two hours of work at least one and a half times, and for the following hours - at least twice. Specific amounts of payment may be determined by a collective agreement or an employment contract. At the request of the employee, instead of increased pay, overtime work can be compensated by providing additional rest time, but not less than the time worked overtime (see Article 152 of the Labor Code of the Russian Federation and commentary thereto).

There are many reasons why employees are required to stay at work after graduation. labor day. This state of affairs may develop due to the personal desire of the employee, as well as due to the emergence of production needs (accidents, urgent delivery of documentation, "deadline", etc.) labor law RF.

Definition of overtime work according to the Labor Code of the Russian Federation, its legal basis

Based on Art. 99 Labor Code of the Russian Federation , overtime work is the fulfillment by the subject of his official duties on a larger scale than the norm fixed in the labor agreement. Main Feature overtime work is the consent of the employer, otherwise the activity outside the working day will not be taken into account and paid.

The main regulatory document for such activities is the labor legislation of the state (Labor Code of the Russian Federation). Articles defining the procedure for overtime work are:

Art. 91 - theoretical base, revealing the terminology and the normalized amount of working time;
Art. 94 - duration of work during one work shift;
Art. 96 - the procedure for the implementation of work at night;
Art. 97 - the procedure for overtime work;
Art. 99 - the concept of overtime activities;
Art. 152 - the procedure for paying employees overtime.

Work beyond measure is divided into labor activity:

at the initiative of the employer without the obligatory consent of the subordinate;
by written agreement between employer and employee.

Overtime work by agreement of both parties to the employment relationship is performed under the following circumstances:

There are objective reasons due to which the employee was unable to fulfill his duties in full on time;
There is a need for urgent repairs to buildings, structures or equipment. If such repairs are not carried out, there may be a risk of suspension of activities and termination of work of many employees;
There is a need to perform a given amount of work instead of another employee who did not appear on workplace for whatever reasons. This can be done if the specifics of the production process do not imply long downtime or stoppages in principle.

There are a number of cases in which it is important to obtain the permission of the trade union formation in the enterprise. However, if the union makes a negative decision, this will not affect the ability of the employee to work overtime if he agrees.

Overtime work is not considered:

work of a subordinate on the basis of an irregular working day. This provision is fixed by Art. 101 of the Labor Code of the Russian Federation;
the employee is employed part-time - art. 102 of the Labor Code of the Russian Federation.

Also, work beyond measure is not considered the performance of those job assignments that the employee did not complete during the shift, although he was given enough working hours based on the work schedule.

When determining payment for overtime work, the employer should analyze the activities of the subordinate and determine, on the basis of the Labor Code of the Russian Federation, whether this or that action of the subject is overtime work.

Differences between overtime work and irregular working hours

An irregular working day implies the absence of overtime pay, even if they took place. In fact, these concepts are identical, the main difference is in the order of payment.

Irregular labor shifts are fixed by the labor agreement with the employee. For a similar pace of work, the subject is entitled to additional vacation days, and also, with the consent of the employer, increased wage. Such a schedule is determined only for some employees, and is fixed in local normative documents.

In addition, irregular labor does not fall under the restrictions of the Labor Code of the Russian Federation. The only caveat relates to the infrequent work of overtime and the performance of duties by an employee for more than one shift only when necessary. In the case of overtime work, any subordinate, if he does not fall into the prohibited group, may be involved in additional work even without his own consent, which can also be considered a lawful action on the part of the employer.

Also, the Labor Code of the Russian Federation records information according to which overtime work may be limited in terms of the number of hours for certain groups of employees.

The procedure for engaging an employee to work overtime without his consent

It is legally possible to use the work of the subject overtime without his consent. However, the list of situations is limited. So, it is feasible in the following circumstances:

There is a threat of an emergency, accident or catastrophe. The work of an employee is necessary to prevent or eliminate the consequences of natural disasters;
The procedure for the functioning of public engineering networks (sewage, supply of residential premises with water and gas, heating, lighting, etc.) was violated;
In the state (or in a certain region) there was the introduction of martial law;
There is a need for urgent work, for example, in the event of a fire or flood.

Subordinates are obliged to begin to perform such duties on the basis of the order of the employer. In fact, it is enough for the head of the organization to publish the corresponding order in order for the overtime work of employees to become lawful.

The total number of hours actually worked overtime cannot exceed 120 hours per year, and must not exceed 4 hours every two days.

In addition, there are separate groups of employees who cannot be involved in additional work without their consent. These include:

pregnant employees;
Underage subordinates;
Employees who combine training with work;
Underage Athletes.

Overtime work for persons with disabilities and mothers with children under 3 years of age is legal with their written agreement. It is also important to consider that additional work should not harm the health of the subject. Thus, these groups of employees must certify their familiarization with the order on their overtime work with their signatures on the document.

The procedure for registration of overtime work of an employee

Registration of overtime work takes place in the following stages:

The employee agrees to the additional work. If this is due to production needs, the administrative apparatus takes from the subordinate in writing the assurance of his consent to additional work. It is recommended that such a document be made in two copies. In case of refusal, the refusal must also be made in writing. If overtime work is expected without the consent of the subject, he is required to begin the urgent performance of his official duties.
Execution of the employer's order. Such an order is drawn up in a free form, however, it must contain certain details so that later it is considered eligible documents. The required details include: the reason for which overtime work is performed, as well as information about the documents confirming the consent of the employee (date and number). The order must be certified by the personal signature of the employee, which will prove the fact of his familiarization with the document.
The responsible accounting officer (timer), on the basis of an order, enters overtime hours into the time sheet. Based on the data entered, the workers are further charged an additional salary.

How is an employee paid for overtime?

The main document regulating the question of how overtime work is paid is Art. 152 of the Labor Code of the Russian Federation. It reveals the following information:

First two labor hours who go beyond measure are paid one and a half times the standard salary. That is, the base tariff rate per hour is multiplied by a multiplying factor - 1.5;
Subsequent overtime work is paid at a double rate, that is, the multiplying factor will be 2.

In addition to Art. 152 of the Labor Code of the Russian Federation, there are a number of local regulatory documents in accordance with which overtime can be paid. These include: collective agreements, local legal acts, labor agreement with a subordinate.

The provision on payment in local regulatory documents should not contradict the Labor Code of the Russian Federation, and also harm the prosperity of a working citizen.

In case of violations of payment for overtime hours, the employer may be brought to litigation and, subsequently, to administrative liability. In especially serious cases, a non-paying employer may be prohibited from working in a particular field of activity.

Overtime restrictions

Labor legislation limits the number of allowable hours for overtime work in order to meet the interests of the able-bodied population. The main limitations relate to the following aspects:

For two days, overtime work should not exceed more than 4 hours in excess of the norm for one worker;
In a year, a citizen must not work more than 120 hours of overtime.

Evidence of work beyond measure is the report card. The task of the head of the company is to strictly control the number of hours worked in excess of the norm.

The reasons for limiting the duration of overtime work are as follows:

Additional work of the employee leads to increased fatigue;
The rest time decreases, that is, the cognitive abilities of the individual decrease.

Duration limits are fixed by Art. 99 of the Labor Code of the Russian Federation. The legislation in these requirements is based on world statistics, based on which people who work in excess of the above measure additionally have serious diseases of the cardiovascular system, as well as an increased risk of infectious diseases.

If an employee has exceeded the allowable overtime limit, further work must be performed by another entity. Engaging an employee to work overtime more than the established norm threatens to be fined from the management of the organization, as well as, possibly, administrative responsibility.

However, from this rule one exception is allowed. If an employee has exceeded the overtime limit, but there is an urgent need due to, for example, a natural disaster, then the processing of the employee is not considered illegal.

The nuances of overtime work

The nuances of the relationship between the employer and the subordinate during overtime work include:

Thus, work beyond measure must be strictly accounted for and paid on time. The employer needs to know legislative framework in order to correctly determine the categories of employees and correctly calculate remuneration for such work in the future.