Palmistry 

How is processing paid according to the Labor Code? Overtime pay. What is processing under labor law. The norm of working hours and its excess

Olga, your relationship with the employer is regulated by the Labor Code of the Russian Federation or an employment contract concluded with him, the terms of which cannot contradict the Labor Code of the Russian Federation.

So, in accordance with the Labor Code of the Russian Federation: Working time is the time during which an employee, in accordance with the rules of internal
work schedule and the terms of the employment contract must fulfill the labor
duties, as well as other periods of time that, in accordance with this
Code, others federal laws and other regulatory legal acts
Russian Federation refer to working time.

Normal
working hours may not exceed 40 hours per week.

The employer is obliged
keep a record of the time actually worked by each employee.

The employer has
the right, in accordance with the procedure established by this Code, to involve an employee in
work outside the working hours established for
this employee in accordance with this Code, other federal
laws and other regulatory legal acts of the Russian Federation,
collective agreement, agreements, local regulations, labor
contract (hereinafter referred to as the duration of the working
time):

for overtime
work (Article 99
of this Code);

if the worker
works on irregular working hours (Article 101
of this Code).

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

attraction
the employer of the employee to work overtime is allowed with his written
consent in the following cases:

1) at
the need to complete (finish) the work begun, which, due to
unforeseen delay due to the technical conditions of production could not be
performed (completed) within the duration established for the employee
working time, if non-fulfillment (non-completion) of this work may entail
damage or destruction of the property of the employer (including the property of third
persons who are with the employer, if the employer is responsible for the safety
this property), state or municipal property, or create
threat to human life and health;

2) in production
temporary work on the repair and restoration of mechanisms or structures in those
cases where their failure may cause the termination of work for
a significant number of employees;

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

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

1) during production
works necessary to prevent a catastrophe, industrial accident or
elimination of the consequences of a catastrophe, industrial accident or natural
disasters;

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

(as amended by the Federal Law
dated 07.12.2011 N 417-FZ)

3) in production
work, the need for which is due to the introduction of an emergency or military
position, as well as urgent work in emergency situations, then
eat in case of disaster or threat of disaster (fires, floods, famine,
earthquakes, epidemics or epizootics) and in other cases that endanger
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.

Not allowed
involvement in overtime work of pregnant women, workers under the age of
eighteen years old, other categories of employees in accordance with this Code
and other federal laws. Involvement of disabled people in overtime work,
women with children under the age of three are allowed only with their
written consent and provided that it is not prohibited by them by state
health 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 years, must be familiarized with their right to refuse
overtime.

Duration
overtime work should not exceed 4 hours for each employee during
two consecutive days and 120 hours a year.

The employer is obliged
Ensure accurate records of overtime for each worker.

Please note that involvement in overtime work must occur at the initiative of the employer - this is what the law says. If you come to work earlier on your own initiative, then there are no violations here. If you are obliged to come there, then you must be paid for overtime work, provide additional days off, etc. in accordance with the Labor Code of the Russian Federation.

There is no concept of processing in the Labor Code of the Russian Federation, there is only overtime work. If there is no order from the head of the organization that you must come at such a time (earlier), then you can come on time according to the work schedule.

Don't forget to rate the answer. Good luck!

There is a need to stay for a while, which will then be paid in an increased amount. Not every employee knows how overtime is paid for Labor Code And what rights does he have in this situation. In the article we will consider in detail all the nuances of overtime work.

What is recycling?

According to the Labor Code, there work time during which employees perform prescribed duties. Legislation establishes its standards, which must be observed by employers. The most common measure of working time is the week or shift. At the same time, the weekly employment of an employee should not exceed 40 hours, and the number of days can be equal to 5 or 6. For a shift, a maximum number of hours is set equal to 12. Payment for processing is made in without fail, based on the number of hours and rates.

What is overtime and overtime? From the word itself, it is easy to understand that it is performed in excess of the time allotted for the working day. According to Art. 99 of the Labor Code of the Russian Federation, this concept is defined as work performed by an employee on the initiative of the authorities when the time of the working day or shift has already ended. In fact, this is an excess of the limit allotted for the performance of labor duties. It is also important to remember that in the case of summarized accounting, overtime hours are considered to be hours that exceed the limits of working time established by the contract and the law.

Types of processing

Arise different situations due to which the norm of working hours in the established period is exceeded. For example, in each month the number working days may vary slightly. In this regard, there are small revisions or shortcomings. Depending on the conditions specified in the contract, the situation is resolved by reducing (increasing) working hours, by providing additional rest and paying time in general order. Such small discrepancies in the duration of work due to different quantity calendar working days are solved quite simply and are not related to overtime work.

It is not uncommon for an employee to combine several duties at once in one enterprise. In fact, he stays at the workplace longer than his colleagues, but the payment is regulated by the contract and usually is not processing, unless, of course, labor standards are observed.

Overtime is time that is not included in labor obligations and the working week (recording period) of the employee. This is entirely the initiative of the employer, which, moreover, may be rejected. In some cases, even a written consent is required for processing of this kind.

Time tracking

The legislation forces employers to carefully monitor that the length of working time for the accounting period is not exceeded. For these purposes, there is such a thing as total working time. Sometimes this is the only method of labor rationing. The duration of the period under consideration can range from one month to a year. For workers employed in harmful production- no more than 3 months. The normal number of hours is calculated based on the established weekly limits, according to the category of worker. For example, the duration of the working week of minors or disabled people is shorter.

Even if the working conditions of an employee allow for regulation of his daily or weekly length of time, summary records should be maintained. This also applies to processing. The employer must ensure that accurate overtime hours are recorded for each employee.

Time frame for overtime work

The fulfillment of additional obligations outside of working hours has limits in the form of a maximum duration of overtime work. The employer has the right to detain the employee for some time (how exactly, we will consider later), but not more than 4 hours. However, this may not happen every day. The four-hour limit is set for two days. It turns out that the employee can work overtime only this amount of time. Consider the example of the legality of the actions of the employer:

  • processing on Wednesday and Thursday for 2 hours is legal, but on Friday the normal working hours must be observed;
  • Wednesday + 4 hours after the end of the working day, Thursday - the usual schedule, on Friday the employee can again be involved in overtime work;
  • overtime on Tuesday 2 hours and on Wednesday 3 hours will already be illegal, you should reduce the time on one of the days by at least an hour or allow one working day between the indicated weekdays according to the usual schedule.

Of course, 4 hours in 2 working days is not the only limitation. Otherwise, many unscrupulous employers would have successfully used it. Within one year, the total number of overtime hours must not exceed 120, or there is a violation of the law.

What is considered overtime?

Define clear boundaries the concept of what kind of work can be considered overtime is as important as the timing of its implementation. Processing can be assigned only for a limited list of reasons, including:

  • the need to perform (complete) the work that has been started, which was delayed due to technical reasons if failure to comply will result in damage or destruction of property;
  • temporary work to repair and restore equipment or other material assets enterprises, the malfunction of which will lead to the termination of work of the majority of employees;
  • non-appearance of a replacement employee in case of continuous work;
  • elimination of consequences of emergencies, accidents, catastrophes;
  • the need for public important works to eliminate unforeseen violations (restoration of heat supply, lighting, gas supply, etc.);
  • work caused by the introduction of martial law or a state of emergency.

As can be seen from the list, overtime is assigned only in emergency cases. This is not a normal action. It must be remembered that this is a necessity, not an everyday rule.

When is employee consent required?

Overtime is allowed in exceptional cases and may even be rejected by the employee. In what case can you safely refuse the offered overtime work? If, among other things, all conditions for the appointment of processing are met, the employee provides written consent in the following cases:

  • it is necessary to finish the started work, which for technical reasons was not completed (carried out), provided that its failure to complete will lead to losses of the enterprise;
  • absence of a replacement worker;
  • repair and restoration of equipment and other property that affects the work of other employees.

An employee who has not given his consent cannot be involved in such work. If approval is received, the employee has the full right to compensation for the time spent. How is processing paid according to the Labor Code in this case? It is recognized as overtime hours, and the calculation is made in accordance with the rules for their payment.

Who is not allowed to work overtime?

Overtime pay attracts many topics that allows you to earn extra money. There are quite a few professionals who like to work overtime, if it's legal. However, a list has been established, according to which, in principle, it is impossible to leave some social groups population. This is:

  • pregnant women;
  • minors.

Disabled people, women with children under three years of age also have “immunity”. They require written consent, regardless of the reason for the need for processing. It is worth noting that processing by the hour may not be applicable in other cases, which are prescribed in the Federal Law or the Labor Code of the Russian Federation.

Payment order

Payment for processing, as well as its purpose, is regulated by the Labor Code of the Russian Federation. To calculate the amount for the additional time worked by the employee, you should know the hourly rate. It can be known initially (when the calculation wages based on hours actually worked) or calculated based on the size of the official salary. In the second case, you should divide the fixed salary by the number of working days of the period. The agreement may also establish an average hourly wage for processing.

Overtime is paid with a multiplier of 1.5 for the first 2 hours of work and 2 for subsequent hours. These are the minimum figures. The employer has the right to increase them, but not to reduce them. How is processing paid according to the Labor Code? By calculation total hours worked and multiplying them by the increased hourly rate (THS). If an employee worked an additional 8 hours during the accounting period, then, regardless of their distribution by day, payment will be made according to the scheme: 2 × 1.5 × Thu + 6 × 2 × Thu. The employee also has the right to receive, instead of calculating, the provision of additional rest, but not less than the time that was worked out. Payment is made at the end of the accounting period.

“How is overtime paid according to the Labor Code?” - a question that every employee should know the answer to. Often the employer violates the law. Possession of information about labor rights ah will help protect your interests and get the payment due for processing.

How is processing paid according to the labor code of the Russian Federation? Today, the 40-hour work week doesn't seem like such a workable achievement. Few even realize that the right to work 8 hours a day with two days off a week has been gained in a hard struggle between trade unions and production owners. After all, a few decades ago, the employer did not even think about how to pay for overtime hours and take care of additional rest time. However, the provision in Art. 91 of the Labor Code of the Russian Federation, the norm of 40 working hours does not mean at all that valuable specialist cannot be assigned to overtime work.

Recycling Code

There is a misconception that overtime is all the “extra” hours spent at work. Anything can be the reason for such labor enthusiasm: excessive workload, approaching deadlines for the completion of projects and reporting, improper organization of work, and the like. But, if the employee himself, and not his employer, initiated the delay in production, then talk about overtime work in the context of Art. 99 of the Labor Code of the Russian Federation does not have to be said. Indeed, the main condition for recognizing the additional stay at the enterprise as processing will be the desire of the authorities to continue the process outside the normal working hours. Even if such aspiration is based on real economic reasons or was the result of an unforeseen malfunction, the employee involved in the extended work will still be required to obtain written consent. True, the legislator has provided for several situations in which the disagreement of specialists will not matter (Article 99 of the Labor Code):

  • elimination of the consequences of accidents, disasters and catastrophes;
  • restoration of regular operation of housing and communal services, transport, communications and e-mail systems. networks;
  • emergency work and measures to prevent disasters and disasters.

Only pregnant women, minors, disabled people and single mothers of young children received exemption from extended labor service.

Whatever the circumstances of attracting an employee to additional work, the authorities should remember to limit its maximum duration: no more than 4 hours a day, no more than two days in a row. If a we are talking on shift work, then no more than 120 such overtime hours can be accumulated in a year, art. 99 TK.

120 hour limit exceeded, what happens?

Every year, the government approves the production calendar, which indicates not only holidays and weekends, the transfer of working days, but also the norm of working hours within each month, quarter and the whole year. For example, in 2017, the total annual duration of work should not exceed 1973 hours. If an emergency situation arose at the enterprise that required working out additional time, then the employer is obliged to distribute the extra hours in such a way that there are less than 2093 in a year.

If the authorities overlooked and did not send a trouble-free employee to rest on time, as a result of which the processing amounted to 121 hours or more, then it will be difficult to avoid a fine. The fact is that this violation is classified as administrative and threatens with a fine of up to 5,000 rubles for officials and for the enterprise itself, up to 80,000 rubles. A repeated violation already threatens with disqualification for managers and suspension of activities for the company, Art. 5.27 Administrative Code, 195-FZ. It is clear that such sanctions serve as a powerful incentive for employers, in accordance with the requirements of Art. 99 of the Labor Code, kept a strict record of working hours and did not load some workers more than others, or took care of expanding the staff.

No matter how the situation with the regulatory authorities for the enterprise develops, the employee must receive payment for processing over 120 hours in full, according to the rules of Art. 152 of the Labor Code of the Russian Federation.

Even if the employer violated the procedure for engaging in overtime work and exceeded the threshold of 120 hours per year, this should not affect the employee who worked in good faith. Payment is subject to all the time of processing (joint opinion of the Ministry of Finance and the Federal Tax Service (8)).

Overtime Payment Methods

The Labor Code fixed the minimum level of payment for overtime. How the overtime hours at each particular enterprise should be paid, the employer must fix in collective agreement or in an employment contract with an employee. Here it is also relevant to remember that by a local act on the enterprise, management can only increase labor guarantees, it is unlawful to establish them in a smaller amount than in the Labor Code of the Russian Federation.

If the collective agreement does not indicate any additional motivating coefficients for payment of hours of processing, then the accounting department will calculate compensation for the free time spent on the needs of the enterprise at the rates prescribed in Article 152 of the Labor Code. Namely, the first 2 hours are one and a half times the average hourly rate, and all subsequent ones are double.

40 hour week

The easiest way to take into account and calculate the payment for overtime hours for workers on a normal schedule (40 hours, in daytime, in weekdays). In this case, it is enough that the rater fixes the date of the extended work and its duration in the timesheet with the code "C" or "04". The code only says how many hours of processing are allowed per year and per day, how many hours they can have per month is not indicated there. Based on this, it can be theoretically calculated that the maximum overtime is possible at 84 hours in the longest month (two days of overtime for 4 hours with a break of one day for 31 days). In practice, it is unlikely that the employer will be able to obtain the consent of the employee to such difficult working conditions, especially since the trade union will not agree to such an agreement.

As an example of calculating payment for additional work, we can assume that the employee worked three additional days in a month, two - four hours, one - three. The salary of an employee is 15,000 rubles per month, there are 21 working days in it. Then the calculation will take place in several stages:

  1. The division of hours worked into the first and subsequent hours. In the current case, more than 2 hours were worked three times. This means that 6 hours will be paid in one and a half size.
  2. Determining the number of "followers". For three days, the employee has accumulated 5 hours, which can be described as the third or more in a day.
  3. Direct calculation of the surcharge

15000/21/8=89.29 rubles - average hourly rate,

(6 * 1.5 + 5 * 2) * 89.29 \u003d 1696.51 rubles for the entire time of overtime work.

In the matter of fair payment for the labor zeal of employees and encouraging their loyalty, the main requirement will be the need for rigorous and clear reflection in the real time sheets of processing (forms T-12 and T-13)

Shift work schedule

The victory of the trade unions in the struggle for the right to consider the normal 40-hour working week does not mean a strict ban on the use of other duration of employment of employees in the enterprise. For those companies whose specific work does not allow interrupting manufacturing process or implies a round-the-clock need of the population for their availability, Article 103 of the Labor Code provides for the possibility of working in several shifts according to the approved schedule. When performing such work, it is difficult to coordinate the work of all employees during the week or month within the normal working hours. The legislator prudently allowed the employer to keep records of hours worked summarized within the period chosen by him (month, quarter, year), art. 104 TK. At the same time, management should carefully monitor that in the extended accounting period the number of hours worked does not exceed the quarterly or annual norm.

Drawing up a shift schedule with overtime included in it is regarded as a violation of labor rights and is fined under the same article. 5.27 of the Code of Administrative Offenses. In the case when the need to work longer arose unforeseen, it is worth knowing how the payment for processing is calculated with the summed accounting of working hours.

For example, the norm of hours in one of the quarters of last year was 454, the employee actually worked 480, of which 12 fell on a holiday. The employee's salary is 30,000 rubles. Here you need to know how to calculate the number of processing hours: 480-454-12= 14 hours. Since work on a holiday is already paid twice as much (Article 153 of the Labor Code), its duration is excluded from the total amount of overtime.

The most controversial moment arises when figuring out how to pay for the processing of hours according to the norms of Art. 152 TK. There are several opinions on how to determine the number of "first two hours" of processing in the summarized accounting. The code itself, unfortunately, does not provide clarification on this matter. Until 2012, they used Soviet practice and used a simple method:

  • 14-2=12
  • 2 hours is paid with a coefficient of 1.5 of the salary,
  • the remaining 12 - at twice the average hourly rate.

But, by the Decision of the Supreme Court of December 27, 2012, this technique was no longer relevant. The calculation has become somewhat more complicated, but has become more objective. According to the court's clarification, the shift schedule cannot include overtime hours in advance, which means that, in fact, it can be clearly seen in the time sheet when the employee stayed at work outside the normal shift. Accordingly, you can calculate the number of "first" hours and the number of subsequent ones. In this situation, the need to accurately and as accurately as possible fill in the timesheet of working hours comes to the fore.

Overtime with reduced work hours

Some specialties and industries provide for a reduced duration working week. For them, working 36 or 24 hours in five working days is recognized as the norm, and any time in excess of it will be considered worked overtime. Some may wonder how many overtime hours are allowed per year for this schedule? The opinion that the annual limit of possible processing should also be proportionally reduced is erroneous. It’s just that in this case, when calculating the number of additional hours, the norm should be taken not 1973 hours, but 1775.4 (with a 36-hour week in 2019). Then the maximum possible duration of labor in 2019 will be:

1775.4 + 120 = 1895.4 hours per year (including work on weekends and holidays).

Payment for processing will be carried out according to the current algorithm from the previous part (as with a shift work schedule).

Payment for processing on weekends and holidays

The double rate rule for work on weekends and public holidays is widely known among working people. This is the main consolation argument for those who are "lucky" to perform work duties instead of active celebration or recreation. Some believe that working overtime on a holiday will increase their earnings by another one and a half to two times. Opinion Supreme Court on this occasion, another thing: an additional increase in payment and accrual of remuneration at the same time under Articles 152 and 153 of the Labor Code is regarded as excessive (7). Therefore, if the processing fell on a day off, then you need to pay for its entire duration in double the amount, Art. 153 TK.

An exception is allowed only in a situation where the employee has expressed a desire to receive a day of rest instead of money. In this case, the hours worked according to the schedule are not subject to payment, they are replaced by rest time. But with the payment for processing, the situation is different, the employer is obliged to accrue earnings during this time, but already in a single amount.

If the forced presence at work lasts until 22:00 or later, the employee will also receive a cash bonus for working at night. The answer to the question of how to pay for these processing hours also has its own characteristics.

For example, the shift of an employee according to the schedule ended at 20.00, due to the illness of a partner, he was forced to stay at the production site for another 4 hours, until 24.00. Therefore, the night period had 2 hours of work. The average hourly rate is 100 rubles. Then the tabulagram will show new amounts of earnings:

  • 2*100*1.5= 300 rubles - for the first hours of extended work,
  • 2*100*2= 400 rubles - for subsequent,
  • 2*100*20%= 40 rubles - surcharge "night",
  • Total: 740.00 rubles for 4 hours of overtime.

Replacing payment with rest time

Just as with holiday work, overtime hours may be compensated by days off during the reference period. So, if a quarterly segment of the year is chosen as accounting, then time off for processing must be provided during these three months. Postponing weekends to subsequent periods is prohibited.

When overtime pay is replaced by additional rest days, overtime hours will be paid at the rate of a one-time average hourly rate.

The problem of processing and questions related to how many hours of it are allowed per month, quarter or year are relevant, first of all, for those companies that cannot meet the 8-hour working day. An extended or continuous technological cycle makes it necessary to expand the scope of working time, and sometimes to turn to employees with an urgent request to spend their free time for the benefit of the enterprise. For the heads of such industries, knowledge on the topic of calculating payment for overtime and on the legally possible number of overtime hours per month is simply necessary.

Bar lawyer legal protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

ISSUE OF THE PROBLEM:
At the end of the working day, employees often linger at the workplace: someone did not have time to complete urgent work, someone has a seasonal emergency, and someone just has a large amount of work.

THE QUESTION ARISES:
In what cases will processing be overtime work - in order to correctly issue and pay for it?

ANSWER:
(the material was prepared by lawyers A.K. Kovyazin and E.A. Shapoval, published in the journal "Glavnaya kniga", 2013, N 1)

Overtime work is performed by the employee at the initiative of the employer at the end of the working day (shifts:
(or) in excess of the duration of daily work established by the internal labor regulations for this category of employees under the normal working time accounting regime;
(or) in excess of the normal number of working hours for the accounting period (month, quarter, year) with the summarized accounting of working time.
The Labor Code sets a limit on overtime hours for a year - no more than 120 hours. At the same time, an employee can be involved in overtime work for no more than 4 hours for 2 consecutive days. The number of overtime hours in case of normal accounting of working time is calculated after the end of the working day (shift), and in case of summarized accounting of working time - after the end of the accounting period.
At the choice of the employee, overtime work can be compensated:
(or) increased payment:
- for the first 2 hours of work after the end of the working day (shift) or accounting period - not less than one and a half times;
- for the following hours after the end of the working day (shift) or accounting period - at least twice;
(or) the provision of additional rest time (at least the time worked overtime) with payment in a single amount. At the same time, the total number of hours worked overtime per year is not reduced by hours off.

We tell the manager
If an employee works at the end of the working day on his own initiative, without a written order from the manager, this is not overtime work and you do not need to pay extra for it.

Now let's move on to the questions.

Weekend work is not considered overtime.

Our employees work according to the schedule "2 working days - 2 days off". A summary of working hours is maintained. In case of illness of one of the employees, the rest replace him on their days off according to the schedule. Is it necessary to consider work on such days as overtime at the end of the accounting period?
E.A. Kartashova, Samara

No need. If an employee is involved in work on a day off for him according to the schedule, then this is considered work on a day off, and not overtime. It is necessary to pay for all the time worked on such a day in at least double the amount, and if the employee takes time off for such a day, then in a single amount.

At the end of the shift, you can involve in overtime work
no more than 4 hours

The employee worked two shifts of 8 hours - he worked for a sick colleague. Do I need to pay for work on the second shift as work on a day off?
M.A. Alekseeva, Smolensk

No, it's overtime. You need to pay the employee for the first 2 hours of work on the second shift at least one and a half times, and the remaining 6 hours - at least double the amount.
However, you violated the rules for engaging in overtime work - it cannot exceed 4 hours a day. In addition, work for two shifts in a row is prohibited. You could involve an employee in overtime work for no more than 4 hours. And then he had to be replaced by another worker.

Note
If the labor inspectorate reveals this violation within 2 months from the moment the employee was involved in overtime work, then it can fine the organization and the manager.

Overtime during irregular working hours is not paid

An employee has an irregular working day. For this, he is granted an additional paid leave of 3 days. The employee demands that we pay him for work in excess of the norm as overtime. Should we do it?
A.M. Tagina, Kursk

No, they shouldn't. Overtime work at irregular day can not be. You are already compensating for such a regime with an additional vacation.

Departure on a business trip on a weekend not overtime work

An employee leaves on a business trip on Sunday. Does this count as overtime work and does he need to be paid for that day under the overtime pay rules?
V.M. Zotov, Tver

No, this is not overtime. Going on a business trip on a day off is equivalent to working on a day off.

With part-time work, you can attract
to overtime

The employee has been assigned part-time work. He works 5 hours four times a week. Can we get him to work overtime? What kind of work is considered overtime for him - over 5 hours or over 8 hours a day?
Yu.N.Senchenko, Anapa

There is a category of workers who are prohibited from engaging in overtime work (for example, minors, pregnant women). If your employee is not in this category, you can involve him in overtime work. Then overtime for him will be work outside the length of the working day established by the contract. In your case - more than 5 hours a day.

No monthly overtime limit

We work on a regular five-day workday. This month, our company has a traditional seasonal emergency. How many hours per month can an employee work overtime?
Z.A. Panina, Bryansk

There is no legal limit for a month. If the employees agree, you can involve each of them in overtime work:
(or) 2 days in a row for a total of no more than 4 hours, a break of 1 day;
(or) 1 day for 4 hours, then a break of 2 days.
In addition, you can involve employees with their consent to work on weekends. There will be no overtime work on weekends.

In relation to part-timers, a general limit applies
overtime

Works in our company external part-time worker. Can we get him to work overtime?
M.T.Korableva, Ryazan

You can, but you need to remember that for part-time workers, the general limit on the duration of overtime work (no more than 4 hours for 2 consecutive days and no more than 120 hours per year) applies to all places of work. Therefore, when involving him in overtime work, it is necessary to take into account how much he worked overtime at his main place of work.
You can only track it by yourself. internal combination. With an external part-time job, you can ask the part-time job to provide information on involving him in overtime work at the main place of work. But he doesn't have to. So, there may be exceeding the limits on your part. It is also possible on a notice or order where the employee gives written consent to overtime, ask him to write that he was not involved in overtime work on that day at his main place of work.

You can take part of the day off for overtime work

In our organization, the summarized accounting of working hours is used. The accounting period is a year. In December, when calculating the number of overtime hours, it turned out that the employee worked 120 hours in excess of the norm, that is, 15 days (120 hours / 8 hours). He asks to compensate them with time off. Should an employee take full day off or can they take part of the day off?
I.A. Kotikova, Cherepovets

AT this case it all depends on the desire of the employee: he can take both the whole day and several hours a day. The main thing is that in the end he rested for at least 120 hours, that is, a total of at least 15 days.

Time off is provided for the days specified in the application
worker

The employee worked 10 hours of overtime per month: 2 days for 4 hours and 1 day for 2 hours. As compensation, he asked for 1 day off (8 hours). How to pay him 2 overtime hours that are not compensated by the day off: in one and a half or double size?
N.A. Zhmykhova, Togliatti

It depends on which days the employee asks for time off for overtime work:
(if) for 2 days when he worked 4 hours overtime, then 2 hours worked overtime on the third day must be paid at least one and a half times;
(if) for work on one of the days when he worked 4 hours, for the day when he worked 2 hours, and for the first 2 of 4 hours on another day when he worked 4 hours, then pay him 2 hours, not compensated time off, you need at least double the amount.
For the future, ask the employee on the notice or order, where the employee gives written consent to overtime, indicate what he chose - increased pay or time off.

Vacation at own expense does not affect overtime pay

The employee works five days a week, 8 hours a day. He issued a vacation for 1 working day at his own expense. But at the same time, he additionally processed 8 hours: 4 days for 2 hours. Should we pay him overtime?
O.N. Efimova, Saratov

Yes, they should. A vacation day at its own expense reduces the employee's working time per month. Therefore, you must pay at least one and a half times the overtime worked by an employee for 8 hours.

We have continuous production and shift work. A summary of working hours is maintained. The accounting period is six months. But due to production needs, sometimes it is necessary to involve employees at the end of the shift to work overtime. Can we pay them overtime not at the end of the accounting period, but based on the results of work for the month?
R.A. Piskareva, Barnaul

No. To determine if work is overtime, you must wait until the end of the billing period. Therefore, you can pay overtime only at the end of the semester.

If an employee does not reach the norm of working hours in a week,
you need to enter a summary account

Employees work 12-hour shifts for 2 consecutive days and 2 consecutive days off. They work about 15 shifts a month, that is, 180 hours. In some months it turns out more than according to the production calendar. But we do not pay them extra for processing, because in some months it is less than the norm according to the production calendar, and they rest more than 2 days a week (unlike those who work five days a week).
Yu.A.Volkova, Tyumen

Your time tracking is wrong. With such a work schedule, you need to enter the summarized accounting of working hours. The work schedule must be drawn up so that for the accounting period (from a month to a year) each employee works no more than is provided for by the production calendar. But in some months, the schedule may provide for a deviation from the norm of working hours: in one month, an employee can work more than the norm, and in another - less.
Under this regime, it is possible to involve in overtime work, as usual, only at the end of the working day and with the consent of the employee (with the exception of emergencies)

Overtime with summarized accounting must be calculated
and at the time of dismissal

We have a total accounting of working hours. The accounting period is a quarter. An employee was about to leave in the middle of the block. At the time of his dismissal, he worked according to the schedule for 12 hours more than the norm. If he had finished by the end of the quarter, then he would not have had processing. Is it necessary to consider these 12 hours as overtime work, because we did not involve the employee in overtime work?
I.A. Klimova, Orenburg

Of course, by general rule in the case of summarized accounting of working time, the number of hours worked overtime is determined based on the results of the accounting period. But if the employee leaves before the end of the accounting period, then the hours worked in excess of the norm of working time according to the production calendar from the beginning of the accounting period to the day of dismissal are considered overtime work. After all, they cannot be compensated for by a flaw in the following months. Therefore, you need to pay the employee for 2 hours at a rate of one and a half, and the remaining 10 hours at a double rate. In doing so, you did not violate the procedure for attracting overtime work. After all, you did not know and could not know that the employee would quit.

If overtime is not compensated due to illness,
you can provide additional rest

The organization maintains a summary record of working time. The work schedule is drawn up according to the norm of the production calendar. In the month when the employee, according to the schedule of working hours, is less than the norm according to the production calendar, the employee fell ill for a long time. Because of this, processing in other months of the accounting period was not compensated, and at the end of the accounting period, the employee worked more than the norm. How can this be considered overtime work, because we did not put it in the schedule?
L.V. Drobysheva, Kazan

Yeah, you didn't schedule overtime. But in this case, the processing of the employee in some months of the accounting period was not compensated by the shortfall in others due to the fact that the sick leave fell for a month of shortfall and further reduced the working time for him. But processing beyond this reduced rate is still overtime.
To avoid overtime, after an illness, you can adjust the work schedule of an employee who was sick and provide him with additional hours or days of rest. Then, at the end of the accounting period, you will reach the norm of working hours. Failure to do so will result in overtime pay.

Which of the employees to involve in overtime work,
manager decides

In connection with the production need, we involve employees in overtime work selectively. The rest are indignant and demand that they, too, be given the opportunity to work overtime and earn extra money. Can an employer involve not all, but only some employees in overtime work?
O.I. Ivanova, Tula

How many people are needed to perform overtime work and who specifically to involve in such work, the manager decides

At the end of the accounting period, it is not necessary to have
processing

Employees have a summary of working hours. The accounting period is a year. Now we are closing the year and we see that all employees have worked out the norm according to the production calendar. Maybe then we don’t need a schedule for next year?
A.I. Lebedeva, Yekaterinburg

The schedule is just needed so that employees do not work in the accounting period more than the norm according to the production calendar. If, at the end of the year, employees do not have overtime, it means that you have a correctly drawn up work schedule.

You will find this and other consultations on topical issues in the information bank "Accounting Press and Books" of the "ConsultantPlus" system.

Post by blog editor Ilya Varlamov, who complained about constant overwork and lack of vacation, as well as the answer of the blogger himself in the spirit of “whoever doesn’t like it, let him leave.” And although the law provides for overtime for people with a normalized schedule only in emergency cases, obliging the employer to pay overtime, things are exactly the same in many Russian offices. In preparation for the next important project employees sit up late "for the idea." With the help of The Village experts, I figured out why this is happening and how to deal with the need to stay up late at work.

Is it worth agreeing to processing

Anastasia Knyazeva

Analyst, personnel holding Ankor

It is worth accepting overtime if the time spent means less to you than acquiring new skills, favoring your superiors, or solving a problem in the shortest possible time. short term. Of course, overtime is not prerequisite success. However, it is worth sacrificing free time if you risk missing deadlines, the violation of which entails large costs.

It is worth remembering that compensation for overtime work depends on what mode of work is provided for in your employment contract. If the work schedule is defined in the contract as irregular, the time worked in excess of the norm is compensated by the presence of at least three additional days to the annual paid leave. If the working day is normalized, then according to the Labor Code, overtime work is paid as follows: the first two hours - at least one and a half times, the next hours - at least twice the size. At the same time, in order to involve you in overtime work, the manager must obtain your written consent. However, there are situations when such consent is not needed - in particular, when eliminating the consequences of an industrial accident or natural disaster. An employee may not work more than four hours of overtime on two consecutive days.

I note that, protecting your rights, you should not be too categorical. An employee who takes a boss's request to work overtime as an excuse to start legal proceedings risks damaging their relationship. It is better to show flexibility and reach a compromise outside the walls of the court.

What the law says and how it is used

Maximilian Grishin

Lawyer of the Moscow office of the international law firm Ilyashev & Partners

Overtime work is regulated by Article 99 of the Labor Code. It says that processing is possible only with the written consent of the employee and only in certain situations. For example, an employer can force you to work overtime when you urgently need to complete work that has not been completed due to some unforeseen circumstances (if the damage from non-performance is greater than the overtime payment). Also, an employee can be called during non-working hours, when it is necessary to urgently repair equipment, without which the entire production will stop. Without the consent of the employee, overtime work is possible only in emergency situations- in case of big accidents, catastrophes and so on.

Overtime is paid only if the company has a set working day. Any violation of this duration or non-payment of processing is a reason for proceedings with the labor inspectorate. Therefore, now in the employment contract or internal documents companies are often prescribed irregular working hours. The law does not provide for restrictions on irregularity, the schedule can be at least 24/7.

Chermen Dzotov

founder of the legal company "Dzotov and partners"

Employer labor contract with the condition of an irregular working day is also inconvenient. He imposes on him many additional obligations (the need to issue a written order, a limited list of positions, etc.). Therefore, more and more often a civil law contract is concluded. It is convenient in that it prescribes only the specific goal required to achieve it. How this will be done is not specified separately. The signatory of such an agreement will be deprived of any social and labor guarantees. The agreement will be drawn up in such a way that although there will be no direct indication of an irregular working day, all the named conditions will contribute to just such a regime. labor activity. An example is the work of a taxi driver. If you conclude a civil law contract with him for the provision of transportation services, then the performance of these services for the most part will be irregular.

A citizen who agrees to work irregularly can be given the following advice. Firstly, after all, to conclude an employment, and not a civil law contract. In this case, it will be more protected. Secondly, the contract with the conditions of overtime work is essentially similar. But the main plus of overtime work is that such work is paid extra. Whereas for irregularity, only additional leave should be provided without any separate payments.

How it actually happens

Alexander Gulko

owner of the Gulko Judicial Bureau

I was approached by an employee of a well-known Moscow developer with a request to help deal with the employer on a legal level. The fact is that the management organized the work in such a way that its processing daily ranges from one and a half to four hours. The woman is absolutely exhausted, because after she leaves the office at nine or ten in the evening, she has another hour and a half to get home. In such an incredible mode, a person has been working for the last six months. It should be noted that no bonuses, overtime pay or compensatory leave are provided.

It would seem to spit and leave. But the woman is 47 years old, her positions are usually filled by younger employees, so it will not be so easy for her to find a job. This, unfortunately, is used by the employer. It is worth noting that our client is a great professional in her field, has several technical educations, constantly improves her skills, but she is a very gentle person.

After the first meeting, we recommended that the developer's employee contact the CEO directly. Armed with the relevant paragraphs of the Labor Code. CEO turned out to be an adequate lady, paid a bonus (but not more than 5% of total number overtime over the past six months), agreed that overtime should not be the norm. But after a month and a half, our client, unfortunately, still quit her job. own will. Because her conversation with the general lasted only two days. Processing began again: at 19:00, new reports were required for the president of the company, for financial director, and everything must be tomorrow by 10:00. She did not file a lawsuit for reimbursement of overtime.

Because it is very difficult in Russian reality to win a lawsuit with an employer who loves free overtime. Most often, employers do not issue a written order to involve an employee in overtime work, and he does not require a copy of such an order. And according to the law, only officially registered processing is recognized as such and paid. It is worth weighing all the prospects. After all, the new potential employer hardly like such a wayward worker who sued the old employer. My only advice is to try to record all your overtime as much as possible: take the sheets of arrival and departure to the office on your phone, copy written assignments from management, and record conversations about overtime.

Dmitry Smirkin

director of public relations Parallels

The contracts of middle and top-level managers, as a rule, contain references to irregular working hours. This is offset by wages and various forms additional motivation (bonuses and personal bonuses). All working conditions are discussed at the stage of interview and approval labor contract. You can refuse a job offer at any time. Payment for overtime working hours depends on the level of civility of the business. Large companies, as a rule, fulfill the requirements of the Labor Code and pay for additional hours in accordance with established standards. In less advanced organizations, labor “for an idea” is not excluded. If we talk about areas, then, as a rule, PR specialists, sales managers, service employees technical support, account managers in outsourcing agencies are forced to live in a 24/7 work schedule.