Permissible number of overtime hours according to the Labor Code of the Russian Federation. Duration of overtime work for each employee. How to apply for overtime work

According to the Labor Code of the Russian Federation, overtime work is such employment that is carried out outside normal working hours. Since earnings for overtime are accrued at increased rates, many employees agree to work extra. But what is the maximum duration of overtime work under the law? Are there restrictions for the period, and if so, what are they? Let's take a closer look at this issue.

According to stat. 99 work during overtime according to the Labor Code of the Russian Federation is performed by personnel at the initiative of the employer company. In some situations, such employment requires the employee's consent, but in others it does not. The duration of overtime work should not exceed 4 hours. for two consecutive days separately for each specialist. Accounting is carried out in timesheets according to a standard form.

How is overtime work limited during the year? On this score in the stat. 99 there are separate explanations. The maximum duration of overtime work should not exceed 120 hours per year. This requirement is mandatory for all employers. The registration form of the business and the industry sector of activity do not matter.

What work is considered overtime?

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

Taking into account the above, the main difference between overtime work and irregular working hours is the employee’s employment outside the limits indicated in the TD ( employment contract) busy time. In addition, an employee can be involved in overtime only if there are circumstances under Stat. 99, at the initiative of the employing enterprise. If at the end of the working day the employee remains in the organization, we are talking about overtime. And a special NWP regime (non-standardized working hours) can be introduced based on the list of positions with NWP and when such conditions are indicated in the TD.

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

Overtime work and its restrictions by categories of personnel

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

Working overtime with the consent of the staff is permitted for:

• Completion of previously started work, delayed due to technical production conditions, and affecting the loss or damage to the property of the employing enterprise, state unitary enterprise or municipal unitary enterprise. This rule applies to property objects of third parties transferred for temporary storage to the employer.
• Carrying out repair and/or restoration work on structures/mechanisms, the interruption of which may affect the employment of a larger number of the employer’s personnel.
• Continuous performance of work in the absence of a shift worker. In this case, the employing company is obliged to take immediate measures to ensure that the replacement who did not show up is replaced by another employee.

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

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

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

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

Overtime work with summarized recording of working hours

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

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

The main feature of overtime with the summarized method of accounting for employment is the calculation of earnings. The calculation of overtime and, accordingly, the exact amount of wages is carried out only based on the results of the period. If, for example, the reporting period is set to a quarter, remuneration for overtime work must be calculated based on the results of the quarter. Therefore, it is more profitable for the employee if the period is a month, then the employer will monthly calculate and issue wages to the staff for overtime.

Note! In accordance with Part 3 of Art. 152 if an employee works overtime on holidays or weekends, such employment is paid according to stat. 153, that is, according to the rules for calculating earnings for weekends/holidays. This time is not included in the duration of overtime.

How is overtime compensated?

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

Can an employee take time off instead of monetary compensation? This possibility is provided for in Stat. 152. In order to take advantage of the legal right to additional rest, an individual must write a free-form application addressed to management with a request for time off. The duration of such rest should be no less than the processing time. If a specialist decides to use time off, he will not be able to earn more than usual. Either increased compensation or time off - according to the law, one thing is provided.

Personnel procedure for engaging in overtime work

Due to the fact that the Labor Code of the Russian Federation in many cases requires the employee’s consent to overtime, the first thing that is drawn up for such employment is a written consent document for unscheduled work. The form is signed by the individual personally. The second mandatory document is an order from the employer’s management on the need for overtime, where the feasibility of such employment must be justified.

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

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

Updated 02/27/2020

2018-09-09T16:13:04+03:00

What is the procedure for engaging in overtime work? Stages of employer actions, samples of accompanying documentation. Who can and who cannot be involved in overtime work.

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Overtime work- work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work(shifts), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).

Procedure for engaging in overtime work

There are two main stages in attracting an employee to work overtime.

First stage:

It is important for the employer to remember that he is obliged to notify certain categories of employees by signature of the right to refuse such work. All verbal agreements with employees can lead to disputes. To avoid this, it is necessary to adhere to the position that all employee-employer agreements are documented. Therefore, the employer must:

• obtain the employee’s written consent;
• make sure there are no medical contraindications;
• notify employees under personal signature of the right to refuse to perform overtime work.

The employee notification does not have a special form, but contains information:

• Name;
• notification number and date of preparation;
• Full name and position of the specialist involved;
• the reasons why there was a need to be present at work overtime;
• the date when you need to work “extra” hours (you can specify a time interval);
• conditions - increased wages or compensation in the form of additional rest due to the employee.

The notice is signed by the head of the employing company. An employee can express his will by signing in the “Agree” or “Disagree” field.

A sample written consent to engage in overtime work can be viewed

Second phase:

The employer issues an order requiring overtime work and must familiarize the employee with it. Unified form no such order has been approved, so the employer draws it up in free form. The order must indicate:

• the reason for involving the employee in overtime work;
• work start date;
• surname, name, patronymic of the employee;
• his position and details of the document in which the employee agreed to be involved in such work.

A sample order for overtime work can be viewed.

If a collective agreement or local regulation establishes the amount of additional payment, then it is possible to indicate this amount in the order. The amount may also be determined by agreement of the parties. The employee must be familiarized with the order and signed.

When inviting employees to work overtime, it is worth remembering that the duration of such work should not exceed four hours for each employee for two consecutive days and 120 hours per year. To do this, the employer is obliged to ensure accurate recording of the duration of overtime work for each employee.

In the working time sheet, overtime work is marked with the letter “C” or the numbers “04”, and next to it the number of hours worked in excess of the norm is indicated. If standard daily records of hours worked are maintained for employees, on days of overtime work it is recommended to reflect separately standard and excess hours. work time two lines. And if summarized accounting of working hours is used, overtime is reflected at the end of the accounting period.

What applies to overtime work?

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

Consent is not required to engage in work on the specified grounds. trade union organization, since these circumstances are extraordinary.

If you refuse to perform such work, a corresponding act is drawn up, and the employee is subject to disciplinary action.

With the written consent of the employee, you can be required to work overtime in the following cases (Part 2 of Article 99 of the Labor Code of the Russian Federation):

• if necessary, perform (finish) the work begun, which due to an unexpected delay in technical specifications production could not be completed (finished) during the working hours established for the employee, if failure to perform this work could result in damage or destruction of the employer’s property or create a threat to the life and health of people;
• during temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for many workers;
• to continue work if the replacement employee fails to appear, if the work does not allow a break.

In other cases, involvement in overtime work is allowed only with the written consent of the employee and taking into account the opinion of the elected body of the trade union primary organization(Part 4 of Article 99 of the Labor Code of the Russian Federation, ruling of the Supreme Court of the Russian Federation dated November 14, 2006 in case No. 4-B06-31).

Who should not be required to work overtime?

The following are not allowed to work overtime:

• pregnant women;
• workers under the age of 18 (with the exception of minor athletes, as well as creative workers of media mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation or performance of works (Articles 348.8 and 268 of the Labor Code of the Russian Federation);
• persons with whom a student agreement has been concluded (Article 203 of the Labor Code of the Russian Federation);
• other categories of workers in accordance with the Labor Code of the Russian Federation and other federal laws.

Women with children under three years of age may be allowed to work overtime with their written consent and provided that overtime work is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts . A similar procedure is established for people with disabilities. Both of them must be informed, against receipt, of their right to refuse overtime work.

Overtime pay

The procedure for paying overtime hours is regulated by Article 152 of the Labor Code of the Russian Federation. In contrast to the previously existing rules of payment for hours worked in excess of the norm. It is possible for the employer to approve specific amounts of payment for overtime work in an employment or collective agreement, but not lower than those established in Art. 152 of the Labor Code of the Russian Federation, which defines the minimum threshold of payment for excess hours of work.

Overtime work is paid at an increased rate. For the first two hours of work at one and a half times the rate, for the next hours - at 2 times the rate. This is the minimum threshold provided for by the Labor Code, below which you cannot pay, but above it you can. This kind of provision can be enshrined in a collective agreement, regulations on wages and other regulations for the enterprise.

In addition to increased pay for overtime hours, as an alternative, it may be possible to provide additional hours of rest in an amount not less than those worked in excess of the norm. The written consent of the employee must be obtained for such a replacement, and the time for using such compensation must be agreed upon by both parties. At the same time, the Labor Code does not define the maximum duration of rest time provided as compensation for overtime worked. More specifically, this may be stated in a collective or labor agreement or other local acts organizations. Experts in the field labor law It is recommended that the type of compensation for overtime worked be specified directly in the employee’s written consent to overtime work. If these are additional hours of rest, then it is recommended to write down their number here.

Overtime pay for cumulative accounting

To understand this issue, you should adhere to clause 5.5 of the Recommendations on the use of flexible working time regimes in enterprises, institutions and organizations of industries National economy, approved by Resolution of the State Committee for Labor of the USSR No. 162, All-Union Central Council of Trade Unions No. 12-55 of May 30, 1985. These Recommendations are valid to the extent that they do not contradict the Labor Code of the Russian Federation (

ST 99 Labor Code of the Russian Federation.

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

An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:

1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property employer (including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property or create a threat to the life and health of people;

2) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

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

An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:

1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

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

3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

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

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.

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

The employer is required to ensure that each employee's overtime hours are accurately recorded.

Commentary to Art. 99 Labor Code of the Russian Federation

1. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for him. The established duration of working hours in this case means the duration of working hours established for of this employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, local regulations, employment contracts (Article 97 of the Labor Code of the Russian Federation). When recording working hours in aggregate (see Article 104 of the Labor Code of the Russian Federation and the commentary thereto), overtime is considered to be work in excess of the normal number of working hours for the accounting period.

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

3. Since the use of overtime leads to excess working hours, legislation establishes legal guarantees to ensure its limitation. Such guarantees are:

a) establishing lists of circumstances under which the employee’s written consent is or is not required to engage an employee in overtime work;

b) introduction of a more complicated procedure for attracting overtime work in other cases;

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

d) establishing a circle of people who cannot be involved in overtime work.

4. Part 2 of the commented article lists cases when the involvement of employees in overtime work is allowed only with their consent. These include situations that could cause a significant number of workers to stop working.

5. The list of circumstances that give the employer the right to involve employees in overtime work without their written consent is given in Part 3 of the commented article. These include emergency circumstances that threaten the life or normal living conditions of the population or part of it.

6. Part 4 of the commented article provides for the possibility of involving employees in overtime work in other cases in addition to the emergency and unforeseen circumstances listed in the commented article. The absence in the Labor Code of the Russian Federation of specifying the concept of “other cases” allows the employer to raise the question of the use of overtime work in case of any complications in the activities of the organization, individual entrepreneur. As additional guarantee restrictions on overtime work in the absence of emergency or unforeseen circumstances provided for in parts 2 and 3 of the commented article, along with obtaining the written consent of the employee, there is also a requirement to take into account the opinion of the elected body of the primary trade union organization.

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

7. Persons who cannot be involved in overtime work include pregnant women, employees under the age of 18, and other categories of employees in accordance with the Labor Code of the Russian Federation and other federal laws (for example, employees with whom an apprenticeship agreement has been concluded (see. Part 3 of Article 203 of the Labor Code of the Russian Federation and commentary thereto)).

8. In relation to women with children under three years of age, as well as disabled people, the Labor Code of the Russian Federation has established a special procedure for engaging in overtime work: in addition to obtaining the written consent of the employee, the employer must familiarize him in writing with the right to refuse overtime work. The same procedure for involving overtime work is established in relation to mothers and fathers raising children under the age of five without a spouse, employees with disabled children; workers caring for sick members of their families in accordance with a medical report, as well as fathers raising children without a mother; guardians (trustees) of minors (see Articles 259, 264 of the Labor Code of the Russian Federation).

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

10. By prohibiting overtime work underage workers, the Labor Code of the Russian Federation established an exception to this rule: creative workers and professional athletes under the age of 18, whose professions are indicated in the lists established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, may be allowed to work overtime (see Article 268 of the Labor Code of the Russian Federation and commentary thereto).

11. The maximum limits for the duration of overtime work established by part 6 of the commented article: 4 hours. for two days in a row and 120 hours. per year - cannot be exceeded.

Failure by an employer to maintain accurate records of overtime work performed by each employee is a violation labor legislation and should entail the liability of the employer, but cannot lead to infringement of the rights of the employee. An employee has the right to demand payment for overtime work even if it is incorrectly recorded or not taken into account.

Overtime work is paid at an increased rate (see Article 152 of the Labor Code of the Russian Federation and the commentary thereto).

When you read the norms of the Labor Code regarding overtime work, as well as work on weekends, they seem extremely simple. However, in practice their use causes numerous difficulties.

What is written in the Labor Code...

So, let's first look at what is written in the Labor Code.

Overtime work - work performed by an employee on the initiative of the employer outside set duration working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period (according to Part 1 of Article 99 of the Labor Code of the Russian Federation).

Part 5 of the same Article 99 of the Labor Code of the Russian Federation states that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year.

Article 152 of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least double the rate.

According to Article 153 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is paid at least double:

• for piece workers - no less than double piece rates;
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;
• for employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if work on a day off and a non-working holiday was carried out within monthly norm working time, and in an amount of at least double the hourly or daily rate in addition to the salary, if the work was performed in excess of the monthly norm.

Let's explain these rules using simple examples.

So, we have cited the norms of the Labor Code. Now let's try simple examples explain how to apply these provisions.

What is overtime work

So, overtime work is work performed by an employee at the initiative of the employer outside the established working hours:

• daily work (shift) (see Example 1), as well as
• working in excess of the normal number of working hours during the accounting period (see Example 2).

Restrictions on overtime work

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. In this norm, too, at first glance, everything is simple.

Overtime pay

Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours at least twice the rate. Well, here too everything seems very simple.

Continuation of Example 3

Continuation of Example 4

Continuation of Example 2

Payment on weekends

Work on weekends and non-working holidays is paid at least double the amount:

• for piece workers - no less than double piece rates (see Example 8);
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate (see Example 9);
• for employees receiving a monthly salary - in the amount of no less than a single daily or hourly rate in excess of the salary, if work on a weekend or non-working holiday was carried out within the monthly working time standard, and in an amount of at least double the hourly or daily rate in excess of the salary, if the work was produced in excess of the monthly norm (see Example 10).

Using simple examples, we explained how the law works. Now let’s look at the “tasks” that are more complicated.

Are overtime and weekend work the same thing?

So, it would seem that everything is simple, but in fact the norms of our legislation are drawn up in such a way that we often do not know how to apply them. Let's think about whether the concepts of “overtime work” and “work on weekends” are identical? If you try to answer this question, you will find that in some cases we equate these concepts with each other, and in others we consider them different from each other. Moreover, we are usually guided by common sense, and not by the literal rule of law. Let's give a specific example.

Even more a difficult situation adds up when it comes to paying for weekend work. In simple situations, everything is really clear: if a person works overtime on weekdays, then we pay the first two hours of work at one and a half times the rate, and the next - at double the rate. If a person is hired to work on weekends, then wage All hours will be charged at double rate. Reading the rules regarding pay on weekends and for overtime work, we are absolutely sure that these are different things and such work must be paid in different ways. However, usually, if an organization hires employees to work on weekends, then they work 8 hours (the same as on weekdays), which are paid double, but not 13, as written in the letter. In this case, the dispute appears to be as follows. The workers, who appear to work 8-hour shifts over a five-day work week, were brought in to work on weekends. The organization of the enterprise, having read that Article 153 of the Labor Code of the Russian Federation states that work on weekends and non-working holidays is paid at least double, and multiplied the hourly tariff rate for payment by 2. The State Labor Inspectorate considered 5 hours that were worked outside 8 hours of normal working time, overtime. Therefore, in her opinion, overtime for the first two hours should be paid according to the formula: double payment for a day off is multiplied by one and a half for overtime work, plus for the next three hours payment is made according to the formula: double payment (for a day off) multiplied by 2 (for overtime work). The logic seemed strange to the organization, since at first glance it seems that the double amount for working on a day off already includes payment for the fact that the employee works extra time. Of course, this situation is controversial from the point of view of legal assessment, because the legislation in this case can be turned this way or that way.

Let us turn again to Article 99 of the Labor Code of the Russian Federation, according to which overtime is considered work performed at the initiative of the employer outside of:

1. Normal working hours.
2. Daily work (shift).
3. Working in excess of the normal number of working hours during an accounting period.

On the one hand, the logic of the labor inspectorate seems correct. After all, if the duration of daily work (shift) is 8 hours, then all the remaining time that exceeds this limit is work outside the daily work (shift). That is, it must be regarded (see point 2 of the list) as overtime work and paid according to the rules of Article 152 of the Labor Code of the Russian Federation, which states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least than double the size. On the other hand, work on a weekend is always work outside the normal working hours (see point 1). After all, in this case the person will work more than 40 hours a week. But no one says that the first two hours of work on a day off must first be paid at double the rate, multiplied by one and a half, and the subsequent hours at double the rate, multiplied by two. But if the number of hours worked by him does not deviate from the normal duration of the work shift, there is no conversation about payment for that day according to the rules of Article 152.

Since there is no judicial practice in applying this article, and there is no explanation on this issue, it is impossible to say which of the parties is absolutely right. After all, the legislation here can be turned in one direction or the other. In addition, it is not clear: if the extra 5 hours were regarded as overtime, why this was not classified as an offense, because, in accordance with Article 99 of the Labor Code of the Russian Federation, overtime work should not exceed four hours for each employee for two days in a row. Well, on my own behalf, I can advise: to prevent such disputes with the labor inspectorate from arising, do not force an employee to work on a day off longer than the normal working hours on weekdays.

How to pay for overtime work and work on weekends when recording working hours?

Document fragment

Problems often arise with the payment of overtime work and work on weekends when recording working hours together. So, let's try to figure out how payment occurs using simple examples.

Typically, summarized recording of working hours is carried out at enterprises with a shift work schedule. In this case, as a rule, either a year or a month is taken as the accounting period. If in the accounting period the number of hours exceeds the normal working hours, then the first two such hours are paid at one and a half times the rate, the rest - at double.

When drawing up a work schedule, you should take into account two norms of the Labor Code. Firstly, the norm according to which work for two shifts in a row is not allowed, and secondly, the norm according to which continuous rest must be at least 42 hours a week.

Sometimes, according to the schedule, the working day of an employee working in shifts falls on a generally recognized weekend or holiday. The question arises: how to pay for work on such days, at double or single rates? The answer to this can be given as follows: if such an employee’s working day falls on a holiday, he must be paid at double rates (even if the number of hours in the accounting period does not exceed the normal number of hours).

As for weekends, the relevant norm of the Labor Code of the Russian Federation we're talking about about the days off of specific employees, and not about generally accepted days off in general. In other words, if, for example, an employee’s working day falls on Sunday, he must be paid in a single amount, but if you ask a person to leave on the day when he is scheduled to rest, then this work must be paid double (even if the number of hours in the accounting period does not exceed the normal number of hours).

At some enterprises, management and personnel officers sincerely believe that if a production facility keeps a summary record of working time, then a person can be forced to go on his scheduled day off, and if the number of hours in the accounting period does not go beyond normal, he can be paid such work in a single size. This approach is absolutely wrong. And if on a generally recognized day off the work of the “shift worker” is paid in a single amount, then on his own - with compensation for such injustice - in a double amount.

Let's try to understand the situation described by the author of the letter. If we look at the production calendar, we see that in January the normal working hours are 128 hours. A work schedule was drawn up, according to which the employee had to work 156 hours, including 32 hours of holidays. As we can see, the employee, according to the schedule, must work significantly more than normal working hours in January. But since the accounting period is a year, in subsequent months, in theory, such overtime should be compensated (that is, the person drawing up the schedule should try to make sure that the employee works less than the normal number of hours in February, March, etc.) . If a person worked according to the schedule, then we would pay him double for 32 holiday hours, and single pay for the remaining hours (156 - 32 = 124 hours). And at the end of the year we would look at whether our employee has “extra” hours. If they were available, an appropriate additional payment would be made (taking into account that the first two hours of overtime work are paid at a single rate, and the next - at a double rate). However, the employee worked 184 hours instead of the 156 hours scheduled, that is, 28 hours more! Of all the hours worked, 48 are holidays. In this case, a number of questions arise: why did it happen that the employee did not work according to schedule? With such a number of hours, was it possible to comply with the legal requirements, according to which continuous weekly rest must be at least 42 hours and working in two shifts is not allowed? Without seeing the work schedule and time sheet, one can only assume that the employee went to work on his days off. Accordingly, both 48 hours on holidays and 28 hours on weekends in this case must be paid at double the rate. The remaining hours of work are paid in a single amount. You will determine at the end of the year whether there is any processing that needs to be paid at an increased rate.

Updated 02/27/2020

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

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

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

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

Mutual consent is required

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

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

Please note that overtime work without the employee’s consent is possible in the following cases (Part 3 of Article 99 of the Labor Code of the Russian Federation):

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

It is prohibited to engage the following employees in overtime work:

• pregnant women (Part 5 of Article 99 of the Labor Code of the Russian Federation);
• persons under 18 years of age,

The exceptions are:

• certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their List was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252;
• athletes, if a collective or labor agreement, agreements, or local regulations establish the cases and procedure for engaging in overtime work (Part 3 of Article 348.8 of the Labor Code of the Russian Federation);
• employees during the period of validity of the apprenticeship contract (Part 3 of Article 203 of the Labor Code of the Russian Federation);
• other employees (as a rule, restrictions are established due to medical contraindications, for example, for persons with an active form of tuberculosis - Resolution of the Council of People's Commissars of the USSR of 01/05/1943 N 15; drivers admitted to driving vehicle as an exception due to a special health condition, - Sanitary rules on occupational hygiene of car drivers, approved by the USSR Ministry of Health on May 5, 1988 N 4616-88).

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

• obtain the employee’s written consent;
• make sure there are no medical contraindications;
• familiarize employees with the right to refuse overtime work upon signature.

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

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

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

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

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

To attract to work on the specified grounds the consent of the trade union organization, since these circumstances are extraordinary. For refusal to perform such work, a corresponding act is drawn up, and the employee is subject to disciplinary liability.

With the written consent of the employee, you can be required to work overtime in the following cases (Part 2 of Article 99 of the Labor Code of the Russian Federation):

• if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to complete this work may result in damage or destruction of the employer’s property or create a threat to life and people's health;
• during temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for many workers;
• to continue work if the replacement employee fails to appear, if the work does not allow a break.

The employer is obliged to inform certain categories of employees, against signature, of the right to refuse such work. In the Ruling dated November 14, 2006 in case No. 4-B06-31, the Supreme Court of the Russian Federation indicated that Art. 371 of the Labor Code of the Russian Federation provides for the obligation for the employer to make decisions taking into account the opinion of the relevant trade union body, even if he is not a member of the trade union.

Tip two: Verbal agreements can lead to unnecessary disputes. To avoid this, adhere to the position that all employee-employer agreements are drawn up in documentary form. Issue an order requiring overtime work and familiarize the employee with it. The unified form of such an order has not been approved, so the employer has the right to develop it independently. In the order, indicate the reason for involving the employee in overtime work, the start date of work, the employee’s surname, first name, patronymic, his position and details of the document in which the employee agreed to be involved in such work.

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

Overtime pay

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

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

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

As a result, using different procedures for calculating overtime pay can result in completely different amounts. To avoid conflicts, it is advisable to consolidate the selected calculation rules with internal regulations.

Example.

The employee of the institution has a summarized recording of working time. The accounting period is a month, the duration of the work shift is 12 hours. This employee has been assigned hourly payment labor in the amount of 180 rubles/hour. In August he worked 14 shifts, which corresponds to

168 hours – normal working hours according to the production calendar for August 2014. In addition, in the same month, due to production needs, he was involved in overtime work for two hours per shift, there were three such shifts in total. Overtime work in an institution is paid in accordance with Art. 152 Labor Code of the Russian Federation. We will calculate the payment for such work.

Due to the fact that the employee was involved in overtime work for two hours per shift, and there were three such shifts in total for the month, the total number of overtime hours will be equal to 6 hours (2 hours x 3). Thus, the additional payment for overtime work will be 1,620 rubles. (180 rub./hour x 6 hours x 1.5).

Regarding the procedure for calculating hourly tariff rate from the established monthly rate, we draw your attention to the explanations of the Ministry of Health employees given in Letter dated 07/02/2014 No.  16-4/2059436 . In it, they provide answers to the following questions: how is the hourly rate calculated to calculate additional pay for overtime work? medical workers who work according to a schedule (during the year in certain months it is possible that overtime or shortfall from the norm of working hours according to the production calendar is possible), is it legal to use when calculating payment for overtime hours? average annual cost one hour?

An example of calculating overtime hours with a salary

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

The first method (based on the average monthly number of working hours in 2016):

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

In total, the employee in September 2016 was credited 759.85 + 227.95 = 987.80 rubles. for working overtime.

Second method (based on the actual number of working hours per month):

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

We see that the result is a completely different amount of hourly earnings than when calculating using the first method (almost 10 rubles less). But at the same time, in another calendar month - in which the number of labor hours is less than in September - the amount obtained, on the contrary, will be greater than with the average annual calculation.

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

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

Calculation of overtime hours on a shift schedule

According to Art. 103 of the Labor Code of the Russian Federation, a shift schedule implies work in two or three or four shifts, the need for which is due to continuity production process. Shift work must be fixed in the employment contract with the employee, since it is its essential condition. If a shift worker, at the request of the employer, goes out of his shift, then the payment for that day is doubled, or the employee is given a day off on his working day. If the scheduled shift falls on a holiday, non-working day, the work is paid twice as per Art. 153 Labor Code of the Russian Federation. In addition, the shift or part of it may fall at night, work during which is paid at an increased rate (at least 20%) according to Art. 96 Labor Code of the Russian Federation.

When an employer delays a shift worker at work beyond the scheduled hours, he is obliged to pay the employee additionally. Let's figure out how to calculate overtime hours on a shift schedule. And also if work beyond the norm occurs at night. The formula for calculating the amount of overtime does not change: the first two hours are paid at one and a half times the hourly portion of earnings, subsequent hours at double. As an example, let’s take the calculation of overtime and night shifts in a medical institution.

The specific nature of the work of doctors requires the presence of staff in the institution around the clock; the work schedule in the hospital is rotating. Moreover, in case of delay of doctors and other medical workers beyond the shift, management is obliged to pay for overtime. Let's figure out how to calculate night and overtime pay for doctors.

An example of calculating overtime and night pay on a shift schedule

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

According to the production calendar in September 2016 for a 40-hour working week standard working time is 176 hours. To calculate overtime, we will highlight the hourly part of I.P. Trifonov’s salary:

Night hours are the time from 22:00 to 6:00 (work at this time is paid at an increased rate). September 2 Trifonov I.P. was brought to work after the day shift for 4 hours, the shift ends at 20:00. The employee worked overtime from 20:00 to 24:00, 2 hours of this period were at night. For these 2 hours, he is entitled to an additional 40% of the salary, in addition, they are paid at double the rate, while the first 2 hours of overtime are paid at one and a half times. But when calculating overtime and night, there is no need to multiply the coefficients at the same time. You should add up the amount of extra pay for night hours and the amount of overtime.

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

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

Total in September Trifonov I.P. accrued for additional work, partly at night, 709.02 + 272.70 = 981.72 rubles.

Calculation of overtime with summarized recording of working hours

According to Art. 104 of the Labor Code of the Russian Federation, in cases where it is impossible to comply with the daily (8 hours in the general case) or weekly (40 hours) standard working time, it is permissible to introduce a summarized recording of working time in the organization. Working hours are counted not for a week, but for the period established by the organization. This could be a month, a quarter or a year. Such accounting is introduced so that the duration of working hours does not exceed the normal number of working hours in the entire allotted period. In this case, one week an employee may work more than normal, and the next week, on the contrary, less. The employer will evaluate the time worked after completion accounting period- month, year or quarter.

Summary accounting is convenient for companies with shift schedule, in which employees work 24/7, 2x2, or several shifts a day. With such accounting, overtime may also arise, for which it is necessary to calculate payment.

Additional payment for extracurricular work in the case of cumulative recording of working hours is made after the end of the accounting period. Let's look at how overtime is calculated using an example.

An example of calculating overtime with summarized recording of working hours

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

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

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

Payment for overtime work Selivanova M.A. will amount to 2,250 rubles based on the results of the accounting period - 2 quarters of 2016 with cumulative accounting of working hours.

How to register for processing

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

To attract an employee to work after the end of the shift, the company management must obtain the written consent of the employee. Overtime work is paid based on the order. Consent and instructions are drawn up in any form. It is prohibited to employ workers who are under 18 years of age to work beyond the normal length of time. The ban also applies to pregnant women.

Documentation of involving an employee in overtime work

When involved in overtime work, each such case must be documented separately.

As already noted, it is not allowed to include in a collective agreement, local regulatory act, or employment contract provisions containing the employee’s consent to perform overtime work, for example the following: “ By order of the employer, the employee(s) agrees to work overtime».

Initially follows record a fact, which is the basis for engaging in overtime work.

The most common case is the absence of a shift worker from work, which does not allow a break. Failure to appear (or other grounds for engaging in overtime work) should be notified to the head of the enterprise or other official who is authorized to make decisions on attracting employees to overtime work. For this purpose, the head of the department draws up memo. It describes the incident and justifies the need to involve workers in overtime work.

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

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

As already noted, in almost all cases, with the exception of those listed in Part 3 of Art. 99 of the Labor Code of the Russian Federation, it is necessary to obtain the employee’s consent to be involved in overtime work. In this case, employees of preferential categories should be notified in writing of their right to refuse to perform overtime work. This information can be included in the text memo or notifying the employee of the need to work overtime.

If the employee refuses, then he cannot be involved in overtime work. Moreover, for this it cannot be applied to him disciplinary action according to Art. 192 Labor Code of the Russian Federation. The exception is cases when the employee’s consent to engage him in overtime work is not required.

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

Rules for calculating surcharges for overtime hours

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

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

Summarized time tracking

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

In accordance with paragraph 5.5 of this normative act, when overtime work is performed by citizens transferred to a flexible work schedule, hourly accounting of work is carried out in total relative to the established billing period (month, week).

Accordingly, only those hours that are worked in excess of the norm provided for a specific period will be recognized as irregular. Accordingly, overtime work lasting 2 hours will be paid at one and a half times the rate, and subsequent hours above the norm will be paid at double rate.

Practice of application of rules

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

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

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

TK RF Article 99 Overtime work

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

An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:

1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;

2) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

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

An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:

1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

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

(as amended by Federal Law dated December 7, 2011 N 417-FZ)

3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

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

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.

R The employer is obliged to ensure accurate recording of the duration of overtime work for each employee.

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