Who is responsible for accounting for overtime. Labor code: processing. How is overtime compensated? How many hours of overtime are allowed per month
Labor legislation on processing and delays at work clearly regulates the employer's ability to attract employees to work overtime. Deciding production tasks with the help of overtime, it is important to prevent a tendency to increase it and to provide staff with compensation for overtime hours worked in a timely manner.
From the materials of this article you will learn:
What is processing under labor law
According to Art. 99 TK According to the Russian Federation, processing is the time that an employee is forced to spend at the workplace at the initiative of the employer outside the established duration of work. If the employer needs to detain staff at work after the end of working hours, it is necessary to issue an appropriate overtime work order for each employee. Moreover, the shift time is taken into account exactly the one indicated by a particular employee in employment contract. Time that exceeds the established limits will be considered overtime for this employee.
Example
If a person works part-time (4 hours) according to the TD, processing for him will be considered a simple eight-hour working day, as exceeding the established working norm. Involvement in overtime work is allowed with the written consent of the employee.
Read on the topic in the e-zine
In some cases, labor legislation does not require the consent of the employee for processing
Labor legislation provides for situations in which an employee's refusal to fulfill his official duties overtime is not allowed. First of all, it is the need to carry out work to prevent disasters or accidents at work, as well as in the implementation of rescue operations, fire suppression.
Without personal consent, overtime medical workers are involved in natural disasters, epidemics and other emergencies.
When urgent repairs are required to the water supply, thermal insulation, gas pipeline, communication lines, electricity networks, transport, the relevant employees remain for processing to fix the malfunctions. Despite the lack of consent, this overtime is strictly fixed and subsequently paid in accordance with labor laws.
Working hours and allowable overtime under labor law
Labor Code of the Russian Federation clearly establishes working hours not more than 40 hours in Week. And there are separate categories workers, for whom it is even less. However, situations when employees have to stay at the workplace happen at every enterprise.
Any overtime work of staff at the initiative of the employer must be strictly recorded. It is necessary to keep accurate records for each employee. The labor law states that the number of overtime hours must not exceed 4 hours for 2 consecutive days and 120 hours per year.
Separately established the maximum allowable duration of overtime work for drivers Vehicle. For them, the summarized accounting of working hours is fixed. The work of the driver according to the established schedule in the amount of overtime hours cannot exceed 12 hours a day. The only exception will be the time required to return from the flight and to hand over the transport to a partner.
The main reasons for overtime and the optimal solution as required by labor legislation
In most companies, processing is usually temporary, for example, during the period of reporting, receiving materials. In this case, delays at work for a number of employees are inevitable, since an objectively large amount of work needs to be completed in a short period of time. Hire to help additional staff either impossible in an emergency moment, or useless in the case of quarterly accounting reports.
Overtime work during the off-season- the scourge of a number of organizations. It is associated with a certain type labor activity, for example, in the summer, when the work schedules of some establishments increase. This case is the rare exception when all processing can be planned in advance. Working hours and overtime pay can be calculated before the start of the season and determine what will be more profitable - to hire additional employees or agree with existing staff on part-time work in the required amount in compliance with labor laws.
Avoidable Reasons for Overworking Employees
Another reason for employees working overtime is often the desire of the employer to temporarily close a vacant position or replace a sick, retired employee. This option requires serious consideration, as such periods are long, and overtime under labor law cannot exceed the established limits. Transferring the functional responsibilities of a vacant position to different employees can not only worsen the motivation of staff, but also significantly reduce labor productivity. All this will negatively affect the activity of the enterprise as a whole.
In many companies, often real reason the need to work overtime is the wrong organization of business processes, shortage and inefficient distribution of labor resources including qualified ones. Most employers come to this disappointing conclusion after a thorough analysis of the situation.
However, it is worth distinguishing between the formal processing of an employee and his delays in the workplace on his own initiative. If for some reason he does not have time to complete his amount of work in the allotted time and he himself remains after the end of the shift, then this will not be processing according to labor legislation. Such overtime hours should not be recorded and paid additionally by the employer.
Reimbursement or payment for overtime work in accordance with labor law
All labor costs of workers by hours in excess of the norm according to labor legislation must be compensated. Moreover, as compensation, it can act as cash reward, and a day off.
Article 152 of the Labor Code of the Russian Federation describes what should be minimum payment overtime employees. According to latest edition articles dated 06/30/2006, processing for the first 2 hours is paid at least one and a half times, and for the following hours - double the amount. However, the legislation allows higher coefficients, specific amounts of remuneration for overtime work can be established by the enterprise in a collective agreement, local normative act or TD.
At the request of the employee, processing can be compensated not by increased pay, but by providing additional rest time, for example, vacation days or days off ( Art. 13 Labor Code of the Russian Federation), in the amount of not less than hours worked overtime. The choice of compensation method is not the prerogative of the employer, but the employee.
If processing falls on holidays and weekends, the calculation of the amount of its payment must be made with a double multiplier. In the case of overtime hours of work at night, the calculation is carried out separately for work at night ( additive not less than 20%) and separately for processing.
In order to correctly take into account all possible combinations of overtime work and carry out accruals in compliance with labor laws, the employer needs to prepare a detailed accounting statement-calculation. Here, in addition to multiplying coefficients and taking into account days off, the calculation of processing with a shift schedule and piecework pay requires special attention.
Overtime pay for shift work and piece work
According to Art. 103 of the Labor Code of the Russian Federation at the enterprise, a shift mode of work can be established if the duration of the production process exceeds the permissible duration of daily work. In this case, the employer draws up a shift schedule that regulates the issues of the beginning and end of work, the duration of breaks, the procedure for transferring employees from one shift to another. The shift schedule is communicated to the staff a month before its introduction.
Shift work schedule according to Art. 104 Labor Code of the Russian Federation, a summarized accounting of working hours is established, which allows to minimize the hours of processing within one accounting period (quarter, six months, year). The reduction in overtime hours is achieved by offsetting overtime in one month with unworked time in another. Thus, the sum of the total working time of an employee for the accounting period often does not exceed the normal number of working hours or is 2-4 hours.
Payment for overtime work with a shift schedule is calculated from this excess of the norm for the entire accounting period.
On a note!
If an employee was hired on a day that is not indicated in his work schedule, he is required to accrue remuneration at least twice as much as usual. Moreover, if the exit workplace on Saturday and Sunday, the employee is provided for according to the schedule, he is entitled to the usual salary for these days ( Art. 111 Labor Code of the Russian Federation).
If an employee works on a piecework wage system, then his work in excess of the established duration is paid at the usual piecework rates, and in addition, the employee is entitled to compensation for each hour of processing: for the first 2 hours, an allowance of at least 50% of the hourly wage rate, for subsequent hours - at least 100% of the rate.
AT labor relations there is such a thing as work time". It represents a certain period in which the employee must be engaged exclusively in the performance of his professional duties. Information about the schedule established at the enterprise should always be included in the local acts of the organization, as well as in labor contracts that are concluded with new subordinates.
However, current practice shows that a huge number of managers require regular processing from their employees. With legal point of view, this concept means exceeding the established term for the performance of professional duties. That is, the employee works more than expected, and therefore performs more functions and has the right to receive additional cash. It is on this basis that disagreements regularly arise between the parties to labor relations, which often develop into serious proceedings.
The opinion of the modern law on processing
The current provisions of the Labor Code of the Russian Federation contain some information about such a concept as "processing". In fact, it means the time the employee performs his direct duties, which goes beyond the schedule established by the enterprise. The reasons for the need for revisions can be a variety of circumstances, including, for example, the approaching deadlines for the obligatory delivery of the project, a sharp increase in the amount of work, etc. Often, the actual reasons for the presence of constant processing is also a certain fault of the employer, who could not competently build the workflow.
Legislation establishes that in most cases it will be the responsibility of the employer to obtain prior official consent from employees for processing. Such requirements are quite fair, because in fact, employees must seriously deviate from the existing schedule, violate own plans etc. That is why the employer is vested with the obligation to obtain mandatory consent from the employee even before he is involved in processing. Moreover, this consent of the subordinate must be recorded in writing. Otherwise, upon receipt of an oral response, the employer will not have any evidence of the fact that the employee's rights have not been violated.
As for the exceptions in which obtaining official consent for processing from an employee is not required, these include the following:
- The emergence of an urgent need to eliminate the consequences of an earlier accident, as well as various disasters or environmental disasters.
- Recovery of critical systems for normal life the population of the country. These include, for example, housing and communal services, heating networks, water supply, etc.
- Carrying out emergency measures that can really help prevent serious disasters or accidents at work.
In all of the above situations, the employer will indeed have the legal right to involve members of his team in processing. To do this, he will need to create only an official order, without first obtaining written consent from subordinates.
Is an employee always required to recycle
The performance of each employee of his professional duties must take place within a strictly established time frame, which is called a schedule. Information about the work schedule in force in a particular organization must be indicated in the employment contract, as well as in other local acts of the company. In accordance with the established requirements, the rate of work in hours should not exceed:
- 4-6 hours a day - for working employees who have not yet reached the age of majority;
- 2-4 hours - for individuals who combine work with parallel learning;
- 8 hours a day, subject to the establishment of a 36-hour week - for employees whose work implies the presence of dangerous or harmful working conditions that have been recorded by an authorized authority;
- 8 hours a day with a standard working week of 40 hours - for all other employees performing their professional duties in accordance with the most common and generally accepted schedule.
In accordance with the established norms, processing will be the work of an employee in the number of hours in excess of the above standards. Therefore, the answer to the question of whether each employee is obliged to recycle can be negative. The employee is obliged to comply with the current permanent schedule in the institution. As for the constant delays and processing - this is not included in his direct duties.
On the other hand, in modern practice, emergencies do sometimes occur, which literally require an urgent performance by an employee of his professional duties after hours. As mentioned above, such situations, of course, include accidents of various kinds, ecological disasters, as well as other events that pose a risk to the health and life of workers. Sometimes, for example, recycling may be required due to the breakdown of important equipment. In this case, the performance of duties at odd hours can often be found at the repairmen of such equipment.
Who should not be involved in processing
The provisions of the Labor Code of the Russian Federation, namely Article 99, establishes a list of special categories of employees who, under no circumstances, can be involved in overtime work. Such employees include:
- pregnant women;
- professionals whose age has not yet reached the age of majority.
If an employee is involved in processing at the initiative of the employer, you can check the literacy and legality of the latter's actions in the following ways:
- First you need to find out if the employee belongs to a special category of employees who should never be involved in overtime work. If an employee falls into this category, the actions of the employer to force them to work after hours will, of course, be absolutely unlawful.
- Next, you should find out if the processing time is not contrary to established standards and current regulations in the field of labor law.
- The next step may be to find out from the employer information about how exactly the extra working hours will be recorded.
- Special attention it is also necessary to pay attention to the provisions of the current collective agreement. It must necessarily indicate exactly how employees are involved in processing, as well as other important nuances on this issue.
- And finally, you need to find out from the employer current rules and procedures regarding payment for hours worked by subordinates.
In the event that all of the above rules were observed by the boss, the subordinate will not have any legal grounds for presenting formal claims to his employer. However, despite the above advice, modern practice shows that the issue of recycling still causes a huge amount of controversy among managers and their subordinates. Often the employer considers certain reasons to attract an employee to processing by emergency, while the subordinate absolutely does not think so. In some cases, the disagreements that have arisen reach really serious litigation. In such a situation, absolutely every subordinate who believes that his rights were violated by the illegal actions of the head to involve the employee in processing will have the right to appeal to the court.
Refusal of processing, what can be fraught with
The need for recycling can arise at any time. Moreover, such problems can appear even for the most competent and attentive employers who clearly build manufacturing process. However, even despite the presence of the most important reasons, the employer must still first obtain official consent from his employee.
To do this, the head of the organization should create a written proposal for the subordinate. It can be created in free form, indicating all the basic information, including the date of processing, the approximate number of extra working hours, the name and position of the subordinate, etc.
Having received this proposal, the employee must give an official response to it. If he doesn't want to work extra time- he will have the right to refuse the proposed processing. Moreover, the current legislative norms establish that the employer cannot present absolutely no claims to the employee.
Modern practice shows that in reality everything happens quite differently. Often, the manager threatens employees with subsequent dismissal if they refuse to work during their personal rest time. It should immediately be noted that such actions of the chief are completely contrary to the established rules. Moreover, they grossly violate the rights and legitimate interests of the subordinate. If an employee is faced with a similar situation, the best solution would be to contact the authorized authority. It may be, for example, the labor inspectorate, which has the right to resolve disputes between the parties to professional relations.
Overtime accounting rules
Every hour worked by an employee in excess of the established norm is subject to mandatory accounting by the employer. The exact procedure for this accounting will depend on the main indicator - the rules for fixing working hours at a given enterprise. For example, if we are talking about a standard week equal to 40 working hours, most often the daily method of accounting is chosen by the head. In this case, the norm of working hours per week will be equal to 8. Therefore, each extra hour of the employee's service will be considered his official processing.
Fixing extra hours of performance of professional duties by an employee, as a rule, is carried out by entering relevant information in the main personnel document- time sheet. In most cases, such responsibilities are assigned to human resources specialists. In the future, the time sheet is submitted to the accounting department. There, based on the information received, an authorized specialist conducts all necessary calculations in order to determine the exact amount of the supplement to the employee's basic salary.
Calculation and payment of overtime for various schedules
Many personnel employees in their work use such a useful document as a production calendar. It is drawn up for one working year. It already pre-calculated the norms of the exact number of working hours for various schedules.
Based on the information provided in the production calendar, the personnel officer will need to compare it with the information that was recorded in the time sheet. This method allows you to quickly install exact amount processing hours. This, in turn, will allow the employer to correctly calculate the amount of the allowance for which the employee can claim.
As a rule, the established monetary allowance is added to the employee's basic salary and is given to him along with the basic amount. It should be noted that the delay in such payment will grossly violate the rights and legitimate interests of the subordinate. In such a situation, he will be able to apply to the authorized body in order to obtain the necessary legal protection.
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's worth agreeing to work 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. Of course, overtime is not a prerequisite for 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"
An employment contract with an irregular working day is also inconvenient for an employer. 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 mode of 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 the size wages and various forms of additional motivation (bonuses and personal bonuses). All working conditions are negotiated at the stage of the interview and negotiation of the employment 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.
Labor Code Russian Federation the daily number of working hours is determined. However, the employer is authorized to extend the working day if necessary. In this case, we are talking about recycling.
Remember that the rights of workers must be respected at the legislative level. You can learn more about the basics of labor protection in the Russian Federation. And then we will consider the issue of processing.
According to the Labor Code of the Russian Federation, the daily norm of working hours should not exceed (Article 94 of the Labor Code of the Russian Federation):
- 4-6 hours - for minors working during holidays;
- 2-4 - for citizens receiving secondary or higher education and combining study with work;
- 8 hours with a 36-hour week for employees of enterprises with dangerous or harmful working conditions, with a 30-hour week - 6 hours;
- 12 - at a 36-hour week for employees of enterprises with moderate indicators of working conditions.
According to article 97 of the law in question, processing or overtime work is the performance of work in excess of the established schedule and norm. The initiator of the processing is the leading party.
Issues revealing the principles of introducing processing are regulated article 99 of this code. According to the content of the article under consideration, in a number of cases, an employee cannot be involved in overtime work against his will. The consent of the employee to processing is recorded in writing and sealed with his personal signature.
The reasons for hiring an employee for processing may be as follows:
- If there is an urgent need to complete previously started, but not completed for production reasons, important work;
- In case of forced repair of mechanisms and structures, the failure of which may lead to a global suspension of the work process;
- In case of non-appearance of the replacement employee, if the performance of work is continuous.
By law, the employer is authorized to oblige an employee to perform overtime work without the written consent of such, if the employee's participation is required:
- In operational actions to prevent a catastrophe and abolish the danger of an emergency;
- In order to eliminate violations in the supply of heat, hot and cold water, natural gas;
- In cases of saving the lives of citizens under a state of war or a state of emergency.
In all other cases forced involvement of employees in processing is unacceptable. The appointment of overtime work for any reason is not lawful in relation to pregnant women and underage employees.
Like other federal laws, the current Labor Code of the Russian Federation regularly undergoes the necessary amendments. Last changes in the provisions of this law regulating the nuances of processing, submitted June 19, 2017. The changing document was the federal law"On Amendments to the Labor Code of the Russian Federation".
The introduced amendments to the Labor Code of the Russian Federation determine the rules for accounting for overtime work and additional hours. At the same time, it is clarified that the payment for processing should be increased.
AT this moment almost every person has an unsatisfactory financial situation, and many seek to earn extra money. Very often, people work two jobs or work on their “main” job, completely unaware of how much they should be paid for overtime hours by law. Now every penny counts, so I want to get the maximum reward for my work.
Usually a person needs very little to be happy, but this also requires money. We often go to work on weekends to get an “extra penny”, which will definitely come in handy. You always want the refrigerator to be full, the children dressed beautifully to go to school / kindergarten, and also go on vacation, buy a car or save up for their own housing. Therefore, when processing, it is very important to know how much we should receive according to the law for “overtime”.
In this article, we will find out exactly how overtime hours are paid according to the Labor Code.
The most important thing is to decide what exactly is processing, and how much we should receive for it.
If you adhere to labor law, from which it follows that each employee has his own work plan, and an hourly rate must be established for him. The law says that work week should not exceed 40 hours. For some categories of people, it may even be less than the established norm. Despite this, there are situations in which employees have to stay late at work.
We are talking about irregular working hours, which are fixed in the employment contract, and overtime work, which requires separate payment for processing. If an employee is delayed at work due to failure to fulfill his duties, which must be completed at a certain time, this will not be considered processing. Only an employer can offer an employee to process for additional payment.
If the employer involves his employee to work after the expiration of his shift, then he involves him in overtime work. Everything that exceeds the set shift time is already considered processing. For a person who works part-time, even an eight-hour working day will be considered processing, as this exceeds the work norm established for them.
Usually, processing is not permanent (for example, in the off-season it is associated with a certain type of work, in the summer - the work schedules of some establishments increase, during periods of supply of materials for work, during reporting periods, etc.). If we consider the past examples, it will be seen that almost all processing cannot be planned in advance, this is sometimes a necessary measure. For overtime processing, written consent from the employee of the enterprise is occasionally required. But the local act of the employer should not contain provisions that, if there is a need for overtime work, the employee must agree to this.
How much can be recycled officially
Overtime work implies even greater labor costs, so it must be officially recorded, controlled and paid. The employer needs to ensure accurate records for each employee by name.
A unified form of accounting is a special time sheet, it contains an alphabetic or numeric code indicating the processed time of each employee, taking into account minutes. Fixing hours worked should not exceed two hours per day, as well as 120 hours per year (these standards also apply to part-time workers).
Very strict control is carried out in relation to the drivers of vehicles (they have a summarized record of working time). For them, it is considered as follows: work according to the established schedule + overtime work does not exceed 12 hours a day. Only two situations can arise, due to which the work will be a little delayed: returning from a flight, handing over a flight to a partner.
Who is not allowed to work overtime
Reworking of working time can be only according to the law, and the law clearly states who cannot be involved in processing. No one has the right to force minors, pregnant women, mothers who have children under three years of age to work. As for the disabled, they are allowed to work only if they wish, they give a written agreement, and in the absence of contraindications for health reasons (the disabled person must have a doctor's opinion on his state of health).
The employer must necessarily inform such employees about the possibility of waiving overtime work against signature. It also does not apply to:
- a single parent raising a child under 5 years old;
- an employee who has children with disabilities;
- an employee who has relatives with disabilities who have a certified medical certificate.
Payment for processing under the Labor Code of the Russian Federation must take place after the personal consent of the employee if:
- The changer did not show up for work, and stopping the process is by no means permissible. In this case, the employer is obliged to find a replacement as soon as possible and release the person from the workplace.
- By technical reasons there was a delay and without a certain employee, further workflow cannot continue.
But even such circumstances are not able to force the employee to stay at the workplace, and this will not be a violation of labor discipline.
In what cases is the consent of the employee not required?
Mandatory payment for processing without personal consent will take place if:
- the question arises of carrying out work to prevent disasters, industrial accidents;
- repair of a gas pipeline, water supply, thermal insulation, communications, transport or lighting is required;
- there is a need for rescue work, in case of natural disasters, fires, etc.
In such situations, the employee's refusal to perform his duties is in no case acceptable.
What is the punishment for processing
If you do not have the consent of your employee to perform overtime work, and you do not always and incorrectly keep track of overtime, then all this may entail an administrative fine or suspension of the activity of this organization.
The amount of the fine can vary in amounts: it all depends on who the fine will be imposed on:
- officials will pay a fine in the amount of 1,000 rubles. up to 5,000 rubles;
- legal entities receive a fine of 30,000 rubles. up to 50,000 rubles or may suspend the activities of the enterprise up to 3 months.
How to arrange processing in documents
A certain hourly overtime must be processed in an appropriate way in order to be able to receive money for it in the future. Occasionally, it is required to write an invoice for the manager, which describes in detail the situation when it is necessary to involve one or another employee in additional work. After that, you should notify the employee in writing and get his signature. Then you need to issue an order for additional pay for a specific employee.
The exact form of the application of this form does not exist, therefore it is written in the generally accepted form. However, this application must necessarily indicate who exactly will work overtime and for how long. An order must be created in each such case. It is clear that such an order cannot be prepared for a long time, therefore, before the employee starts overfulfilling his schedule, namely, in a few hours, the order must necessarily appear.
How is recycling paid?
The labor law says that labor costs by the hour in excess of the norm must be compensated for by the employee. It is said both about overtime work and about going to work on weekends, holidays and night shifts. Details about everything can be found in article 152 of the document on labor law, which indicates the need to pay the first two hours of overtime work at 1.5 times the hourly rate, and the next - already at 2 times the amount.
The minimum costs are given as an example, and in some enterprises the prices are even higher (all this is fixed in the local regulatory database of the enterprise and in the employment contract). More processed time can be replaced by rest, which should exceed the time of your processing. The employee himself, and not his superiors, should choose which method is most optimal for the employee.
On this page:
Overtime (aka overtime) is a common occurrence in most companies. Working above the norm is not uncontrolled. It is strictly regulated by the Labor Code of the Russian Federation.
What is recycling?
First, let's look at what does not apply to the concept of "recycling" in order to avoid confusion. According to article 97 of the Labor Code of the Russian Federation, there are two types of labor organization: irregular working hours and overtime work. If an employee carries out his activities according to the first scheme, the concept of processing will not apply to him. This rule also set out in a letter from Rostrud dated June 7, 2008. That is, if an employee with an irregular working day is late in the evening, he is not entitled to any additional payments for this. Compensation for overtime is additional vacation days.
Another case when work beyond the schedule is not paid additionally: the employee decided, on his own initiative, to stay in the office in order to complete tasks that were not completed on time. This is relevant if the worker is given a task and adequate deadlines for its implementation, but he does not have time. Lack of compensation in this case regulated by the letter of Rostrud dated March 18, 2008.
ATTENTION! The above rule does not give the employer the right to artificially create conditions in which the employee does not have time to solve the problem. For example, if a manager gives a task that takes 5 hours to complete an hour before the end of the shift, this will be considered an abuse of the law.
All other work in excess of the established norms, according to Article 99 of the Labor Code of the Russian Federation, refers to processing and is compensated. Overtime hours must be taken into account.
The legislative framework
The concept of overtime work is closely related to the norms of working hours. According to part 2 of article 91 of the Labor Code of the Russian Federation, the duration of the working week should not exceed 40 hours. For some specialists (according to articles 92, 173, 174, 333 of the Labor Code of the Russian Federation), a shortened working week is relevant. Every week, an employee must be provided with uninterrupted rest for a minimum duration of 42 hours (Article 110 of the Labor Code of the Russian Federation).
Everything that goes beyond the given norms is processing. Article 99 of the Labor Code of the Russian Federation sets out the conditions for engaging in overtime work:
- There is an emergency or a threat to property in the company (other reasons for overtime work are also allowed).
- The employee has given consent to processing (this is required condition for disabled people and young mothers).
Even overtime has its limits. In particular, the cumulative duration of processing must not exceed 120 hours per year and 4 hours over two continuous days. The work of an employee must be compensated at one and a half or double rate. Features of payments are regulated by article 152 of the Labor Code of the Russian Federation.
ATTENTION! For some types of work (for example, on shifts), it is impossible to provide a standard duration labor day. In this case, the actual number of working hours is checked against quarterly or monthly norms (according to Article 104 of the Labor Code of the Russian Federation). In this case, the employer needs to issue a local act indicating the working time schedule, as well as prescribe the corresponding clause in employment contracts with employees. Processing will be labor in excess of the norms established by the internal acts of the enterprise.
Registration procedure
When processing processing, you can use the following algorithm:
- Getting consent in writing. It is advisable to get it before the issuance of an order for overtime work, since the worker may well refuse the manager. In this case, if the order has already been drawn up, you will have to edit it. How to get consent? To do this, you can create a notice that sets out the duration of overtime work, as well as the date it began. You can also prescribe forms of processing compensation to choose from - money or additional vacation days.
- Making an order. Its form is not established by law, and therefore the document is drawn up in free form. The document indicates the reason for processing, the full name of the employees, the start and end time of overtime service. It is advisable to refer to notifications in which the consent of employees is given.
- Familiarization of the employee with the order. Each person involved in the processing puts his signature.
- Entering data into the time sheet. In this case, according to the resolution of the State Statistics Committee No. 1, the codes "C" and "04" are used. Be sure to write down the exact number of hours that the employee worked overtime.
IMPORTANT! The information specified in the report card must be similar to the information set out in the overtime service order.
How is overtime compensated?
According to article 152 of the Labor Code of the Russian Federation, overtime service is compensated in two ways:
- Cash.
- Additional rest days.
Payout is the default form. Additional days of rest are appointed only at the request of the worker. The amount of compensation is determined depending on the duration of processing:
- The first 2 hours - at one and a half rate.
- Subsequent hours are at double the rate.
Overtime is calculated on a daily basis.
ATTENTION! The law does not specify the terms during which an employee can choose one of the forms of payment. Therefore, he can do this after the money is issued. To avoid confusion, it is advisable to discuss this issue in advance.
How are additional days of rest arranged?
How to arrange rest days established as compensation for overtime? It makes sense to include these days in the working time schedule. If there is no schedule, an order is issued with the full name of the employee and the reason for providing the rest. The employee must be familiar with the document against signature. In the report card, rest days are marked with the code "HB" or "28".
IMPORTANT! During the period of additional rest, the salary will not be saved.
When is it not allowed to refuse processing?
As a rule, it is voluntary. If the employee refuses it, the manager does not have the right to apply sanctions to him. However, there are exceptions. Under certain circumstances, an employee is required to go to work:
- An emergency in the company, or if processing is needed to prevent a disaster.
- Restoration of life support systems of the population (gas, water, etc.).
- Execution of works related to the introduction of martial law.
- Work related to the prevention or elimination of the consequences of situations, threatening the life of the population.
Legislators show respect for the personal will of the worker, but it must not endanger the lives of others.
Who should not be involved in processing?
Articles 97, 99 and 101 of the Labor Code of the Russian Federation give an idea of the restrictions regarding involvement in processing. The following categories of workers cannot be involved in the SR:
- Pregnant.
- Minors.
- Individuals who combine work with study.
Some of the employees need to be familiarized with their right to refuse the requirements of management against signature:
- Disabled.
- Mothers of babies up to 3 years old.
- single mothers and fathers.
- guardians of minors.
The involvement of these employees in processing must necessarily be accompanied by obtaining their written consent.
Money is not superfluous, therefore, many respond positively to the request of the boss to work overtime for a fee. Yes, overtime - a good option for an employee to earn extra money. However, the employer should know how processing should be paid under the Labor Code. In addition, in this case, you need to correctly draw up all personnel and accounting documents.
What is considered processing under the Labor Code of the Russian Federation
Overtime work in the Labor Code of the Russian Federation is called work outside the established working hours. In other words, if an employee, at the initiative of the employer, with or without his approval, performs work after the end of the shift, on weekends, holidays.
Engagement to work with the consent of the employee
Art. 99 of the Labor Code says that processing is assigned to an employee with his consent if:
Is it possible to increase the working day by force
The employer has the right to order the employee to work after the end of the shift forcibly if:
In other cases, the employer can attract an employee only after he signs the appropriate document.
Not in all cases, the employer can force you to stay to work overtime
In no case should pregnant women or minors be involved in the processing. Engage disabled people and women with younger children three years, is possible only with their consent and only after the manager informs them that they have the right to refuse "overtime".
Length of overtime
Processing time is strictly regulated and should not be more four hours during 2 consecutive days and 120 hours per year.
Registration of overtime work
At the moment, there is no document in the legislation that would indicate how processing should be formalized. Therefore, there are several ways to fix it. Which one to choose depends on the specifics of the enterprise. Most often, the employer uses a written order.
How to book overtime hours
You need to properly involve in processing as follows:
How to fix the time and duration of processing
If overtime work at the enterprise is not uncommon, you can create an overtime log book, which will consist of the following items:
To all employees personnel service it should be remembered that the main way to compensate an employee for "overtime" is to provide him with time off. There are no restrictions on taking time off. The most common is to rest the next day after "overtime", however, an employee can take a day off on any day during the calendar month.
Video: we register an employee's time off provided for work in the evening and night hours
How will overtime be paid?
Payment for overtime work is made in accordance with Article 152 of the Labor Code of the Russian Federation. This article implies that an overtime worker receives at least one and a half times more than usual in the first two hours, and more than two after two hours. The employer has the right to set their conditions and increase (but not reduce) wages.
In addition to money, an employee may receive time off or additional hours of rest. Compensated hours should be more than was spent on work.
Video: compensation for weekends and holidays
It is impossible to accurately determine the hourly rate. Nowadays, a calculation is more often used that does not take into account stimulating and compensation payments, and the amount of double payment is equal to double tariff.
If an employee has an official salary, it is much easier to calculate the payment for "overtime". The norm is considered to be a calculation based on the average hourly earnings of an employee.
Video: how to pay an accountant for processing
Responsibility of the employer for non-compliance with the law
There are situations when the employer does not fully comply with the rules prescribed by law. The reasons can be different: from simple negligence to the desire to save money for the needs of the organization.
If the employer illegally engages an employee in overtime work and does not pay for it, the employee has the right to go to court. Then an investigation is carried out and the presence of processings is revealed. In the event that processing is detected, the employer is held criminally liable.
The easiest way for a worker to prove that there is processing is by presenting a time sheet or similar document. In this case, the chance of receiving overtime pay or other form of compensation, such as time off, increases.
It also happens that the employer complied with all the requirements established by law, but did not keep track of the time during which the employee was working overtime. The result of such negligence may be bringing the employer to liability in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Making overtime work is very complex issue. An employee needs to think carefully before agreeing to "overtime", because documenting the fact of work outside of standard working hours is fraught with many subtleties. In addition, not every employer is ready to correctly calculate and pay for overtime hours. You need to issue "overtime" only in accordance with the law - the employee's task is to make sure that his employer strictly follows the letter of the law.
Related posts:
No related entries found.
What is considered "recycling"? This is the first question that arises when considering the topic of overtime work. The answer to it can be found in: "overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working hours - in excess of the normal number of working hours for the accounting period."
Do not forget that it is possible to involve an employee in work after the time specified in c only with the written consent of the subordinate. In addition, this is allowed only in cases provided for in Article 99 of the Labor Code. For example, if necessary, finish the work that has been started, if its failure to do so may result in damage or destruction of any property.
On a note
Engage an employee to work after the time specified in labor contract in it is possible only with the written consent of the subordinate.
However, sometimes you do not need to ask the consent of a specialist for overtime work. For example, when performing work necessary to prevent a catastrophe, an accident or eliminate their consequences. A complete list of cases when it is not necessary to be interested in the opinion of an employee can be found in the article mentioned above.
However, we must not forget that workers of certain categories cannot be involved in processing under any circumstances. These include: pregnant women, adolescents under eighteen years of age, other employees in accordance with the laws of the country. But the involvement in overtime work of disabled people, women with children under the age of three, is allowed only with their written consent and provided that this is not prohibited to them for health reasons. At the same time, they must be familiarized with their right to refuse processing against signature.
And one more thing: the duration of overtime work should not exceed for each employee four hours for two consecutive days and one hundred and twenty hours a year. the company is required to keep records of processing. Do not forget that liability is provided for violation of labor legislation (). This rule establishes sanctions up to the suspension of the company's activities.
Overtime calculation
Now we know what counts as recycling. Next, consider the question of how to pay for such work. All overtime is paid in accordance with: for the first two hours at least one and a half times, for subsequent hours - at least double. That is, the law establishes only the minimum amount of additional payment, but specific figures need to be fixed in a local regulatory act or an employment contract.
On a note
If you need to call an employee for service on a weekend or holiday, then you need to pay for such work exactly as work on a weekend (holiday).
Please note that the specific procedure for calculating the hourly wage rate of an employee on a salary must be fixed in the employment contract with the employee or in the regulation on remuneration adopted by the organization.
Do not forget: the employee has the right to receive additional rest time instead of increased pay for overtime work. In this case, the duration of the day off cannot be less than the processing time. However, there is one caveat: even if an employee is given additional rest time, this does not mean at all that he does not need to pay overtime. In this case, the hours of processing must be paid in a single amount, because the day off only compensates for the increased pay.
Work at night and on holidays
One more thing: if an employee, then you need to pay for his work both for overtime and for night time (only for those hours that fell on the period after 22:00). Remember, the surcharge night work may not be less than 20 percent of the hourly rate calculated per hour of work at night.
But if you need to call an employee to work on a weekend or holiday, then you need to pay for such work exactly as work on a weekend (holiday) day. That is, in accordance with Thus, salaried specialists are paid in the amount of at least a single daily or hourly rate in excess of the salary if the employee worked within the monthly norm of working hours. If the specialist was employed in excess of the monthly norm of working time, then payment is made in the amount of at least double the daily or hourly rate in excess of the salary.
In conclusion, I note that if the authorities require a certain employee to work more than 40 hours a week, it is enough to establish an irregular working day in the employment contract with him. However, of course, the employee must agree to such a regime.
Work until late in the evening, return home by taxi, because. the metro is already closed, and many of the other "joys" of processing are familiar. In some organizations, overtime is considered the norm. What should an employee do in such a situation who does not want to give all his time to work, and what does the Labor Code say about overtime?