The concept of weekly normal working hours at enterprises is regulated by federal level in the Labor Code and is equal to 40 hours (Article 91). But in practice, there are often situations when employees are involved in extra work for additional remuneration. What is the duration of overtime for each employee? How is overtime limited during the year or month? Let's look into the regulatory nuances.

Recycling standards according to the Labor Code

Overtime work is recognized as work that is performed at the initiative of the employer outside the normal duration of work - shift. According to stat. 99 TK, except individual cases, to engage in overtime, the consent of the individual is required. And for the accuracy of calculations, it is necessary to ensure personnel records of overtime hours.

At the same time, overtime work should not exceed established limits. Whatever the reasons for excess employment, the duration of overtime work should not exceed 4 hours in 2 consecutive days or 120 hours in a year (stat. 99 Labor Code). It is not allowed to use excess labor:

• Pregnant workers.
• Minor specialists (under 18 years of age).
• Women with young children (under 3 years old) and disabled people are allowed to be recruited only with their consent, after mandatory familiarization with the right to refuse overtime work.

Note! The employer is obliged to ensure that overtime work does not exceed the maximum legal limits. Violation labor order threatens the manager with administrative liability under Part 1 of Art. 5.27 Code of Administrative Offences.

Recycling rate per year according to the Labor Code of the Russian Federation

So, according to stat. 99 the duration of overtime work should not exceed the limits indicated above. For a year (calendar) – this is 120 hours for one employee. Legal status The employer and the scope of the business do not matter. How is the maximum amount of overtime per year calculated? How to determine how many overtime hours can be worked per year for a specialist working 5 days a day?

Let's look at an example

Let's assume that the accountant of the company Ivanova T.I. works 8 hours daily with a 5-day schedule. The employer's administration decides to involve her in overtime work. To comply with legal requirements, overtime hours must not exceed 4 hours in 2 consecutive days.

How can you organize the labor process - the permissible duration of overtime:

• Monday and Tuesday – 2 hours each.
• Monday and Wednesday – 3 hours each.
• Tuesday and Friday – 4 hours each, etc.

What duration of overtime is not allowed:

• Monday – 2 hours, Tuesday – 3 hours.
• Tuesday and Wednesday – 3 hours each.
• Wednesday – 4 hours, Thursday – 1 hour, etc.

The days for overtime work are chosen at will, the main thing is to comply with the current statutory limits. 99 TK. Wherein maximum amount overtime hours per year for an accountant should not exceed 120 hours. To calculate this figure, you need to know how many overtime hours you can work per month.

How many hours of overtime are allowed per month?

For example previous section It has been determined that the processing limit for paired days cannot be more than 4 hours. In most enterprises, employees are involved in overtime work not constantly, but on a one-time basis. After all, if we take into account the permissible overtime of 120 hours per year, the average number of hours per month is 10. This means that specialists can stay overtime for only 2-3 hours per week. It is not for nothing that labor legislation provides for such regulations - the usual length of work time must remain within normal limits so that a person can recover and have time to rest.

However, situations are different, and some employers are forced to leave staff overtime not from time to time, but regularly. In this case, it is imperative to calculate the maximum number of overtime hours per year, based on the total monthly values. Calculations are performed based on data from time sheets, form f. T-12.

Example

Let’s say, continuing the example, for accountant Ivanova T.I. Overtime work is established on Tuesdays and Fridays in the amount of 3 hours. But such processing is not required for all months, but only for the second and fourth working weeks of the reporting periods, that is, for January, April, July and October. We will calculate whether the requirement of the stat. 99 on the limitation of annual overtime employment.

Number of overtime hours for 2017 = 12 hours (January) + 12 hours (April) + 12 hours (July) + 12 hours (October) = 48 hours.

Accordingly, the norm of the Labor Code of the Russian Federation that overtime work should not exceed 120 hours per year is fulfilled in relation to employee Ivanova T.I. The company does not violate the law in the field of labor legislation. Salaries are calculated in accordance with Stat. 152 TK.

Conclusion - in this article we figured out that overtime work cannot exceed 120 hours per year. When calculating, it is necessary to take into account the number of working days in a month and the limit on maximum processing in two days - 4 hours. Time is recorded in time sheets for each employee separately.

In practice, there are often situations when the employer’s management asks a specialist to stay behind after another shift in order to complete urgent tasks. An employee can make this decision himself in order to resolve issues raised by his superiors. What procedure for attracting overtime work is applicable for the described cases, how to calculate the amount of monetary remuneration - the Labor Code answers these questions.

The definition of overtime activities is given in Art. 99 of the Labor Code, where two of its essential criteria are indicated:

• The initiator of a specialist’s delay at the workplace is the employer company.
• The employee remains at work after the end of the shift (with daily recording of working hours) or spends at the enterprise a number of hours exceeding the norm for the accounting period (quarter, 6 months, year).

If a specialist remains in service by his own decision, no benefits are provided for this. For work to be considered overtime, a written or verbal order from superiors is required.

In the Labor Code and federal laws categories of specialists are named for whom a shortened week is established - less than 40 hours, indicated in Art. 91 Labor Code of the Russian Federation. These workers include:

• persons under the age of majority;
• employees with disabilities health;
• specialists employed in hazardous and hazardous industries;
• women in rural areas and in the regions of the Far North;
• doctors, teaching staff etc.

Important! The concept of overtime work does not apply to specialists hired on a flexible or irregular schedule, those who perform work under contract agreements, registered as internal or external part-time workers.

Involvement in overtime work: step one

The procedure for engaging in overtime work can be divided into four steps. The first is understanding the rights and obligations of the hiring company.

Art. 99 of the Labor Code of the Russian Federation stipulates that it is prohibited to involve pregnant women and minor specialists in “extra” hours of work. There are exceptions to this rule: athletes and representatives creative professions under 18 years of age (theater and cinema actors, singers, etc.). Full list specialties are given in Government Decree No. 252.

In Art. 99 of the Labor Code of the Russian Federation provides an exhaustive list of situations when it is possible to engage a specialist without his written acceptance. These are cases related to the prevention of accidents, accidents or work carried out in a state of emergency.

The Labor Code of the Russian Federation lists when an employer can engage a specialist to work overtime with his consent, but without taking into account the opinion of the trade union. This:

• performing work without which there is a threat of damage to property or harm to human health;
• eliminating the consequences of equipment breakdowns, potentially leading to downtime;
• if a replacement specialist fails to appear, if manufacturing process leaves no room for downtime.

In cases that go beyond the circumstances specified in the Labor Code of the Russian Federation, the company’s management is obliged to obtain the written consent of a specialist for “extra” hours of work and coordinate the measure taken with the trade union.

Important! The Labor Code of the Russian Federation protects the legitimate interests of hired workers and prohibits companies from engaging them to work overtime for more than 120 hours in 12 months and 4 hours for two days in a row. To prevent violations, the administration is obliged to keep records of overtime.

The procedure for engaging in overtime work: step two

Employers whose operations involve the frequent need for overtime work include in employment contracts with hired specialists a clause stating that they need to work “extra” hours or go on weekends if production needs arise. The employer’s logic is clear: if an employee signs a contract with such a condition, he automatically agrees to further processing.

Current legislation does not accept this approach. According to the Labor Code of the Russian Federation, a specialist’s acceptance must be obtained whenever there is a need to involve him in overtime work. The courts recognize the inclusion of clauses on overwork in an employment contract as illegal.

To obtain the employee's consent, the employing company prepares a notice. In which it indicates:

• its 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.

Art. 99 of the Labor Code of the Russian Federation provides special shape notifications for the following categories of specialists:

• persons with disabilities;
• women with children under three years of age;
• single fathers and mothers of children under five years of age;
• employees caring for children with disabilities or seriously ill relatives.

These workers can be involved in overtime work in the absence of medical contraindications and consent to additional work. The text of the notice must include a clause explaining that the specialist may refuse to fulfill the request of the employing company.

If an employee refuses the notice, the company needs to look for another specialist to work overtime. Take action against the dissenting employee disciplinary action You can’t: it’s against the law.

The procedure for engaging in overtime work: step three

If the reason why a specialist needs to stay in service is not included in the list from Art. 99 of the Labor Code of the Russian Federation, the employer must coordinate his employment during “extra” hours with the trade union body operating at the enterprise. The algorithm is covered in Art. 372 Labor Code of the Russian Federation. It boils down to this:

• The company sends the trade union a draft internal act - an order to engage in overtime work.
• The trade union body reviews the document within five days and sends a written response containing consent, a reasoned refusal or an indication of the need to make adjustments.
• If the trade union demands changes to the local act, the employer has the right to carry out its will or, within three days, organize mutual consultations with representatives of the body in order to reach a compromise.

If consultations do not lead to a compromise, a protocol of disagreements is drawn up. The employer adopts the internal act in the form it considers correct, after which the trade union can appeal it in court, the labor inspectorate or through collective bargaining.

Registration of overtime employment: step four

If the specialist and the trade union organization agree, the employee has no medical contraindications, and is required to work overtime on the basis of an order issued by the administration of the employing company. The current legislation does not offer a unified form of the document; it is drawn up in accordance with internal rules companies.

The order states:

• name of the employing company;
• document number, date and place of preparation;
• reasons for the need for overtime work;
• position and full name of the involved employee;
• date and time when he is late at work;
• number and date of the notification where the specialist agreed to the processing.

The document is signed by the head of the organization and the specialist who will have to rework it.

If an agreement is reached between the parties on the form of compensation for overtime work, it is stated in the document. For example, they indicate the amount of remuneration due or the day when the employee receives an extraordinary day off. This will free the employer from having to issue additional order for the issuance of rewards.

Important! If an employee has confirmed his agreement to stay on duty and has read the order, but does not show up for work on time, he can be subject to disciplinary action for evading participation in overtime work.

How do I pay for overtime hours?

The peculiarities of regulating the labor of workers sent for overtime are that the Labor Code of the Russian Federation leaves employers the opportunity to improve the position of a specialist by paying him more substantial compensation.

In Art. 152 of the Labor Code of the Russian Federation stipulates that for overtime the employee is entitled to one of two options:

• monetary reward;
• additional rest time.

Sum monetary compensation calculated:

• for the first two hours – 1.5 of the tariff rate;
• for the subsequent period - as a double tariff.

The current legislation does not establish an algorithm for calculating the tariff rate. Two approaches are practiced: dividing the salary by the standard monthly hours for a specific specialist or by the average monthly number of hours obtained by dividing the annual average by 12. To avoid disputes with staff, you need to consolidate the option used in the company’s local regulations.

The company has the right to improve the situation of specialists by increasing payment for overtime: for example, instead of one and a half rates, set double rates. This decision is fixed by its internal provisions. If there are no local regulations, the rules set out in Art. 152 Labor Code of the Russian Federation.

The second way to compensate is additional rest. Labor legislation does not contain instructions on what duration of rest is established for overtime. One thing is stipulated: it cannot be less than the actual number of “extra” hours in the service. For example, a specialist worked three hours and in return received three hours of time off.

When to take proper rest– must be agreed with the employer’s administration. An employee does not have the right to show up for work two hours later or leave earlier without prior warning. Such behavior is regarded as a violation labor discipline and is punishable by disciplinary measures.

The current legislation is somewhat vague. From the contents of Art. 152 of the Labor Code of the Russian Federation, it follows that the predominant form of remuneration for processing is monetary payment. If the specialist does not inform the employer about his desire to take a vacation, the required amount will be transferred to him. However, the Labor Code of the Russian Federation does not stipulate how specifically one should express one’s will: orally, in writing, etc.

To avoid disputes with staff, the employer needs to establish the rules for granting time off for overtime in local regulations. Internal documents describe how to calculate the number of hours of rest, how to formalize the decision made by the employee, and how the specific date for providing free time is determined.

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According to current labor legislation, the employer has the right involve your employees in overtime work, i.e. performing work duties outside the standard working hours.

In this article we will look at what this means in practice overtime work, what guarantees and compensations are due to employees involved in labor duties beyond the duration of their working day, how overtime work is paid and what documents it is drawn up.

Overtime concept

Overtime work - this is the performance by an employee of labor duties on the initiative of the organization’s management in excess of the time limit provided for this person during the day or for a certain time period subject to accounting. In the case of using summarized working time recording, overtime work refers to hours worked by a person in excess of the basic number of hours for the period subject to accounting. If an employee has a reduced working day, then the time worked in excess of it is also considered overtime.

It should be noted that the statutory basic rate working hours per week determined in size 40 hours. For some categories of workers it is reduced, taking into account the specifics of their work duties (teachers, doctors, women who work in the Far North, workers working in hazardous and hazardous work), as well as their physical characteristics (disabled people of categories 1-2).

Additional leave for hazardous working conditions

There is also a list of persons who may not be required to work overtime . These include pregnant women and minors. There are exceptions to the latter - these are minor athletes and creative workers, the list of which is contained in Decree of the Government of the Russian Federation dated April 28, 2007 No. 252.

Procedure for engaging in overtime work

An employer has the right to involve its employees in overtime work only with their written consent in cases where:

1. It is necessary to complete the work that was started, which was not completed within the specified time technical reasons, and failure to comply may lead to damage or destruction of the organization’s property or create a threat to the health and life of employees and other people;

2. It is necessary to complete repair work on structures, as well as mechanisms, due to malfunction of which work may be stopped large number employees of the organization;

3. It is necessary to ensure continuous work in a certain area in the event of a shift worker’s absence. In this case, the employer is obliged to as soon as possible ensure that the replacement is replaced by another person.

If an employee does not want to perform work beyond the established working hours, he has the right to write a written refusal. Such a refusal should in no case be considered a violation of labor discipline. But there are a number of cases that are provided for in Part 3 of Art. 99 of the Labor Code of the Russian Federation, when the employer does not need the employee’s consent to work overtime. This:

How to fire for violation of labor discipline

1. Work within the framework of measures to prevent a disaster, industrial accident or measures to eliminate the consequences of situations of this kind;
2. Work to troubleshoot problems in water, heat, gas supply systems, lighting, communications and transportation of citizens;
3. Work under conditions of a state of emergency or martial law, when life and health are at risk large quantity citizens.

As for consent to perform overtime work, it is given by the employee in each specific case separately. It is impossible to provide for the involvement of employees in overtime work in an employment contract.

Overtime and irregular working hours

It is worth noting that in cases where an employee is delayed at work not on the instructions of management, but by at will, his work is not regarded as overtime. Likewise, what is provided for an employee cannot be equated to overtime work. In this case we're talking about about a special labor regime, when the employer, if necessary, has the right to demand that subordinates perform certain labor functions at times not included in the basic working day. About what is established for an employee irregular working hours, must be stated in the employment contract, by signing which the employee agrees to such a working condition. Accordingly, work on an irregular working day schedule in excess of the established amount is not paid, and for compensation purposes the employee is provided additional leave– at least 3 calendar days.

Additional paid leave: what are the features?

Work under GPC contracts, as well as work on internal or external part-time job.

Duration of overtime work

Labor Code provides for the maximum possible number of hours that a person can work above the norm for 2 days in a row and throughout the year. These are 4 hours and 120 hours respectively. In addition, the internal regulations of the organization may establish a maximum number of hours per month, which overtime work should not exceed. This is typical for railway transport workers, drivers, etc. For example, a driver minibus When calculating the total amount of working time, the length of the working day cannot exceed 12 hours. The exception here will be cases in which it is necessary to complete the flight or wait for a replacement. True, the duration of a shift of 12 hours can be fixed by the driver’s work schedule, and there is no talk of overtime work.

To avoid cases of non-compliance with the established limits of overtime work, the employer is obliged to keep strict records of time worked for each employee individually.

How is overtime paid in 2017?

The procedure for paying overtime hours is regulated by Article 152 of the Labor Code of the Russian Federation. Unlike the previous rules for payment of hours worked in excess of the norm, in this edition there are no differences in payment for overtime work for employees working on a piecework or time-based basis. It is possible for the employer to approve specific amounts of payment for overtime work in labor or collective agreement, but not below the fixed art. 152 of the Labor Code of the Russian Federation, which defines the minimum threshold of payment for excess hours of work.

Overtime work must be paid at an increased rate regardless of the employer’s compliance with the procedure for involving an employee in overtime activities. For example, if it is revealed that there is no written consent of the employee, but there was a verbal order from the manager, the work performed is considered overtime. And in addition to the explanations of the direct executor and witnesses, various documents can serve as proof of its implementation, for example, waybills car with marks from officials about the time of departure and return of the car to the garage, as well as location at specific addresses at the end of the working day.

In any case, overtime work is paid for the first two hours of work at one and a half times the rate, for the following hours - at 2x. 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 fixed in a collective agreement, regulations on remuneration 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 can be stated in a collective or labor agreement or other local acts of the organization.

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.

Procedure for engaging in overtime work: documentation

As noted above, the inclusion of provisions regarding the consent of employees to perform overtime work in a collective or labor agreement, as well as other local acts of the organization, is not allowed.

Sample of overtime notice:

First of all, the fact itself that served as the reason for overtime work is recorded. In most cases, this is due to the absence of a replacement from work. The fact that a shift worker did not show up for work or for any other reason for overtime work must be reported to the head of the organization or another official who makes decisions regarding overtime work. In this case, a memo with a description of the incident and justification for the need to involve employees in overtime work.

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5. The procedure for engaging in overtime work. Overtime pay

Overtime work, along with part-time work, is one of the options for working outside normal working hours. The peculiarity of overtime work is that it is carried out at the initiative of the employer.

Legal regulation of overtime work is carried out by Art. 99 Labor Code of the Russian Federation.

So, overtime work- this is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period.

Involvement in overtime work is carried out by the employer with the written consent of the employee and is strictly regulated by Art. 99 Labor Code of the Russian Federation.

Overtime work is possible in the following cases:

1) when carrying out work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate the consequences of an industrial accident or natural disaster;

2) in social production necessary work for water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning;

3) if necessary, perform (finish) the work begun, which due to an unexpected delay in technical specifications production could not be completed (finished) during the normal number of working hours, if failure to perform (non-completion) of this work could lead to damage or destruction of the employer’s property, state or municipal property, or create a threat to the life and health of people;

4) 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;

5) 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.

In these five cases, involvement in overtime work is permitted with the consent of the employee. In all other cases (for example, to hold a meeting with suppliers or complete the preparation of an accounting report) for overtime work, in addition to obtaining the employee’s consent, it will also be necessary to take into account the opinion of the elected trade union body of this organization.

Questions arise in cases where the organization does not have a trade union body. In accordance with Art. 29 of the Labor Code of the Russian Federation, the trade union body is the main representative of workers in social partnership. Article 32 of the Labor Code of the Russian Federation obliges the employer to provide conditions for the normal activities of trade unions. But at the same time, the employer does not have the right to force employees to organize into a trade union. Thus, it is the workers who are “to blame” for the absence of a trade union organization, and, therefore, the employer cannot be held accountable for this fact.

Therefore, to attract employees of an organization that does not have a trade union to work overtime, an order from management and the consent of the employee himself is sufficient.

It should be especially noted that the labor code, in order to ensure increased protection of the rights of certain weaker categories of workers, establishes a list of people whose involvement in overtime work is not allowed in any case.

It is prohibited to engage in overtime work:

1) pregnant women;

2) workers under the age of 18;

The only exception to this rule is in accordance with Art. 268 of the Labor Code of the Russian Federation, there are cases when minor workers are engaged in creative activity in means mass media, cinematography organizations, theaters, theatrical and concert organizations, circuses or are other persons involved in the creation and (or) performance of works, professional athletes. In this case, the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations must be taken into account.

The Labor Code of the Russian Federation also establishes another list of citizens whose rights are especially protected. These include: disabled people and women with children under three years of age. Involving them in overtime work is permitted only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report.

At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse overtime work. Employees who have disabled children or people with disabilities from childhood until they reach the age of 18, as well as employees caring for sick members of their families in accordance with a medical report (Part 3 of Article 259 of the Labor Code of the Russian Federation) must also be aware of their right to refuse. ).

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. Otherwise, it is much safer to formalize the relationship with the employee as an internal part-time worker.

Special restrictions for part-time work are established by Art. 329 of the Labor Code of the Russian Federation for employees of transport organizations whose work is closely related to the management of funds increased danger. Thus, employees whose work is directly related to the movement of vehicles are not allowed to work outside the working hours established for them in a profession or position directly related to the movement of vehicles, as well as work under harmful and (or) dangerous working conditions. The list of professions (positions) and work directly related to the movement of vehicles is approved in the manner established by the Government of the Russian Federation; the employer is obliged to ensure accurate accounting of overtime work performed by each employee.

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. Specific amounts of payment for overtime work may be determined by a collective agreement or employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.

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There are many situations when an employee has to stay late at work: he needs to finish unfinished business, replace an absent colleague, or submit an annual report on time. What is it: overtime, expanding service areas, increasing the volume of work or irregular working hours? These concepts are often confused. However, this is not surprising, since, for example, both overtime and irregular working hours refer to work outside the working hours established for the employee. Let's consider what is meant by overtime work, what guarantees and compensations are provided to employees, how to formalize involvement in it and, most importantly, how to correctly calculate and pay for such work.

What kind of work can be considered overtime?

Overtime is work that corresponds to following conditions(Part 1 of Article 99 of the Labor Code of the Russian Federation):

• carried out at the initiative of the employer;
• goes beyond the established working hours for the employee - daily work (shift).

Pay attention to this important fact: if an employee is late at work on his own initiative (the reasons for this can be any: low productivity, the need to complete personal matters, etc.), such work is not taken into account and is not paid as overtime. A similar opinion was voiced in the letter of Rostrud dated March 18, 2008 No. 658-6-0. Also, the performance of work duties within the framework of irregular working hours is not recognized as overtime work.

If the organization has adopted a summarized accounting of working hours, then overtime is considered to be work performed in excess of the normal number of working hours for the accounting period. Therefore, it is very important for the employer to determine the accounting period (month, quarter or other period up to a year) in the internal labor regulations. This is necessary for the correct calculation of hours worked overtime by an employee (Article 104 of the Labor Code of the Russian Federation).

Keep in mind that involvement in overtime work should not be systematic; it can occur sporadically in certain cases (Rostrud letter No. 1316-6-1 dated 06/07/2008).

Overtime duration

Let us recall that the normal working hours are 40 hours per week (Article 91 of the Labor Code of the Russian Federation). In turn, the duration of overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation). To do this, the employer is obliged to ensure accurate recording of the duration of overtime work for each employee. The time worked overtime by an employee must be reflected in the working time sheet (for example, according to form No. T-12 (No. T-13), approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Overtime hours must be marked on the timesheet with the letter code “C” or the number “04”, under which the number of overtime hours is indicated.

At the same time, for some categories of workers, a reduced working time has been established, which is normal for them (Article 92 of the Labor Code of the Russian Federation). These include, in particular:

1. minor workers - from 24 to 35 hours per week depending on age;
2. disabled people of group I or II - no more than 35 hours per week;
3. employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week;
4. women working in the Far North (Article 320 of the Labor Code of the Russian Federation);
5. teachers (Article 333 of the Labor Code of the Russian Federation);
6. health workers (Article 350 of the Labor Code of the Russian Federation).

In addition, the rules regarding overtime work apply to both employees at the main place of work and part-time workers.

Who should not be required to work overtime?

Pay attention to this one enough important point. It is not allowed to engage in overtime work the following categories of workers:

1. pregnant women (Part 5 of Article 99 of the Labor Code of the Russian Federation);
2. persons under 18 years of age, with the exception of:
   • 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 dated April 28, 2007 No. 252 “On approval of the list of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, features labor activity which are established by the Labor Code Russian Federation»,
   • athletes, if a collective or labor agreement, agreements, or local regulations establish cases and procedures for engaging in overtime work (Part 3 of Article 348.8 of the Labor Code of the Russian Federation);
3. employees during the period of validity of the apprenticeship contract (Part 3 of Article 203 of the Labor Code of the Russian Federation);
4. other workers (as a rule, restrictions are established in connection with medical contraindications, for example, in relation to persons with an active form of tuberculosis - Decree of the Council of People's Commissars of the USSR dated January 5, 1943 No. 15; drivers admitted to driving vehicle as an exception due to a special health condition, - Sanitary rules for occupational hygiene of car drivers, approved by the USSR Ministry of Health on May 5, 1988 No. 4616-88).

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

• 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.

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

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

Question on topic

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Where: kadry@site
Subject:

The employee, when drawing up an employment contract, did not notify the employer that she was a group II disabled person and did not submit documents confirming her disability. After expiration probationary period she brought a certificate from a medical and social examination and an individual rehabilitation program (IRP) for a disabled person. In accordance with these documents, she is recommended to sit in an office for no more than 35 hours a week. The employment contract establishes a working week of 40 hours. The employee believes that she worked overtime all this time and demands additional payment for these hours. Are the employee’s demands legitimate?

Documents confirming disability are not contained in the list of documents established by Part 1 of Art. 65 of the Labor Code of the Russian Federation, which the employee is obliged to present to the employer when concluding an employment contract. An employer entering into an employment contract with an employee for general principles(not counting the quota), not only is he not obliged, but also does not have the right to demand from him documents confirming his disability (Part 3 of Article 65 of the Labor Code of the Russian Federation). Submission of such documents is the right of the employee.

Therefore, the employer’s obligation to create recommended working conditions for a disabled employee will arise only after the presentation of documents confirming disability.

In order to avoid claims from regulatory authorities and further disputes with the employee, the employer must record the date of receipt of documents confirming disability from the employee.

Question on topic

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Where: kadry@site
Subject: Free consultations for subscribers

A disabled employee has a reduced working time (30 hours per week). Is it possible to attract such an employee to work overtime?

Disabled workers can be involved in overtime work only if this is not prohibited for them due to health reasons (Part 5 of Article 99 of the Labor Code of the Russian Federation). If the medical report states that working hours should not exceed 30 hours per week, then the employer does not have the right to involve the employee in work beyond the specified time. That is, in this case, the employer does not have the right to involve such an employee in overtime work.

Involvement in overtime work with or without the consent of the employee

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

To engage in work on these grounds, the consent of the trade union organization is not required, 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) 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;
• at temporary jobs for the repair and restoration of mechanisms or structures in cases where their malfunction can 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 primary trade union organization (Part 4 of Article 99 of the Labor Code of the Russian Federation, definition Supreme Court RF dated November 14, 2006 in case No. 4-B06-31).

It is important for the employer to remember that he is obliged notify certain categories of workers by signature of the right to refuse such work.

It is important to understand that 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. The employer issues an order requiring overtime work and must familiarize the employee with it. The unified form of such an order has not been approved, so the employer draws it up in free form. The order must indicate the reason for involving the employee in overtime work, the start date of work, the surname, first name, patronymic of the employee, his position and details of the document in which the employee agreed to be involved in such work.

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. Overtime work can be compensated by increased wages or additional rest time at the request of the employee (Article 152 of the Labor Code of the Russian Federation). If the employee has decided on the form of compensation, this item is also included in the order. The employee must be familiarized with the order and signed.

Overtime pay

Overtime work is compensated to the employee with increased pay:

• the first two hours of overtime are paid at least one and a half times the rate,
• subsequent hours - no less than double (Article 152 of the Labor Code of the Russian Federation).

Specific amounts of payment may be established by local regulations, as well as by a collective or labor agreement.

Despite the fact that the Labor Code of the Russian Federation specifies how to pay for overtime work, questions and disputes still arise. This is because the procedure for determining one and a half and double overtime pay is not clearly stated in the legislation. The employer naturally has a question: what amount should the calculation be based on?

Arbitrage practice

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The Supreme Court of the Russian Federation, in its decision dated June 21, 2007 No. GKPI07-516, tried to clarify this point and determined that payment should be made in the same way as work on weekends and non-working holidays is paid (Article 153 of the Labor Code of the Russian Federation). That is:

• for piece workers - for the first two hours at no less than one and a half piece rates, and for subsequent hours - at no less than double;
• employees whose work is paid at daily or hourly tariff rates - in the amount of one and a half daily or hourly tariff rate for the first two hours, and for the next hours - in the amount of double daily or hourly tariff rate;
• employees receiving a salary - in the amount of one and a half hourly rate (part of the salary for a day or hour of work) in addition to the salary for the first two hours of work, and for subsequent hours - in the amount of double the hourly rate (part of the salary for a day or hour of work) in addition to the salary.

The Russian Ministry of Health, in letter No. 16-4/2059436 dated July 2, 2014, gave recommendations on how to determine the hourly tariff rate. The procedure for calculating the hourly wage rate for payment of overtime work may be determined by a collective agreement, an additional agreement to employment contract, local regulations.

Taking into account the annual standard of working hours according to the production calendar for 2015, the average monthly number of working hours will be:

• at 40 hours working week- 164.25 hours (1971 hours / 12 months);
• with a 36-hour work week - 147.78 hours (1773.4 hours / 12 months);
• with a 24-hour work week - 98.38 hours (1180.6 hours / 12 months).

The Russian Ministry of Health recommends calculating this rate by dividing the employee’s salary by the average monthly number of working hours, depending on the established length of the working week in hours. In this case, the average monthly number of working hours is calculated by dividing the annual standard working hours in hours by 12. This calculation is beneficial for both the employee and the employer, since it will allow the employee to receive the same pay for overtime work performed in different months.

True, this is just a private opinion of an official, and not a normative act (in addition, there is court rulings, in which the courts expressed a different point of view, for example, the decision of the Ust-Ilimsk City Court of the Irkutsk Region dated June 24, 2014 No. 2-1275/2014). Thus, when using this approach, all responsibility will fall on the shoulders of the employer. It would be advisable to enshrine this calculation procedure in a collective agreement, agreement or local regulation.

Let us show with an example how the hourly tariff rate is calculated:

Example 1

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The employee's salary is 40,000 rubles. In 2015, with a 36-hour work week, the average monthly number of working hours will be: 147.78 hours (1773.4 hours / 12 months). Hourly wage rate for this employee: 40,000 / 147.78 = 270.67 rubles.

In practice, the question often arises: how should overtime work be paid on a non-working holiday?

According to general rule work on a weekend or a non-working holiday is paid no less than double (Article 153 of the Labor Code of the Russian Federation). However, in paragraph 4 of Explanations No. 13/p-21 “On compensation for work on holidays” (approved by the resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 465/P-21 and valid to the extent that does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation)), it is stated that when calculating overtime hours, work on non-working holidays performed in excess of working hours should not be taken into account, since it is already paid in double amount.

Arbitrage practice

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The court considered the employee's claim against the organization. The organization calculated the cost of overtime work based on a salary that is less than the minimum wage. The employee demanded that overtime be calculated based on the minimum wage. The Novosibirsk Regional Court considered the case and in the appeal ruling dated 06/05/2014 No. 33-4622/2014 decided that labor legislation it is allowed to establish salaries (tariff rates) as components workers' wages in an amount less than the minimum wage, provided that wage, which includes all the elements, will be no less than the minimum wage. Therefore, the calculation of overtime is done correctly.

How to pay overtime when working hours are summarized

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 sectors of the national economy, approved by Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12-55 of 05/30/1985. These Recommendations are valid to the extent that they do not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation, decision of the Supreme Court of the Russian Federation dated October 15, 2012 No. AKPI12-1068).

In accordance with the document, it is necessary to determine the number of working days in the accounting period and pay for the first two hours, falling on average on each working day of the accounting period, in no less than one and a half times the amount, and for the following hours - no less than double the amount.

When recording working time in aggregate, overtime hours are calculated at the end of the selected accounting period (month, quarter, half-year, year). At the same time, on some days an employee may work more, on others - less, the main thing is that during the accounting period he works the established norm of hours. Exceeding this norm is considered overtime.

Example 2

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The organization has established a summarized accounting of working hours with a quarterly accounting period. According to production calendar in the second quarter, sales manager Petrov I.D. must work 487 hours. At the end of the quarter, it turned out that in April he worked 180 hours, in May - 170 hours, and in June - 150 hours. 180 + 170 + 150 = 500 hours. Consequently, in the second quarter Petrov I.D. worked 13 hours overtime.

Please note: time when an employee was absent from work for a valid reason (for example, sick or on vacation) is excluded from his standard working hours.

At the employee's request, payment for overtime work can be replaced with additional rest time.

Example 3

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Worker machine-building enterprise Antonov P.E. works on a piece-rate wage system. One day he worked 4 hours overtime and produced 4 parts during this time: in the first hour - 1 piece, in the next 3 hours - 3 pieces. Each detail is paid in the amount of 400 rubles. Overtime work in the organization is paid: for the first 2 hours at one and a half times, for subsequent hours - at double.

For overtime worked, Antonov P.E. will receive: 3,000 rub. (400 rub./piece × 1 piece × 1.5 + 400 rub./piece × 3 pieces × 2).

In conclusion, let us pay attention to the main points related to overtime work:

• request the written consent of employees and the opinion of the elected body of the primary trade union organization;
• check whether, according to a medical report, the employed employees are not contraindicated from working overtime;
• compensate for work beyond the working hours established for employees;
• reflect in the collective agreement or local normative act the procedure for attracting employees to overtime work, providing additional days of rest and the mechanism for calculating monetary compensation for overtime (for example, will increased overtime pay include bonus payments);
• Keep a separate overtime log and use it to ensure that employees do not work more than 120 hours per year.

If the procedure for involving an employee in overtime work is violated, the employer is liable in accordance with Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation - a fine from 30,000 to 50,000 rubles, and executive who committed a violation - from 1000 to 5000 rubles. If a similar violation is committed again - under Part 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation - the fine increases significantly.