Are you legally required to pay overtime? How is overtime paid?
Hello, Alexander,
looks like you've reworked it a bit.
to answer the question, it is necessary to understand how the wage regime is organized.
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 summarized accounting of working time - in excess of the normal number of working hours for the accounting period.
perhaps you have a summarized accounting and a reporting period of a year or 6 months, and for this period you will return to normal, and if not, then you have processing.
Duration overtime should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.
Article 152
Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an 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. (As amended by FederArticle 153. Payment for work on weekends and non-working days holidays
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Work on a weekend or non-working holiday is paid at least twice the amount: for pieceworkers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was done in excess of the monthly norm of working time. Specific amounts of payment for work in a day off or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of employees, an employment contract. At the request of an employee who worked on a day off or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.
First of all, we will deal with the question of exactly what time refers to overtime work. As follows from the term itself, work is performed outside the established employee . But in order to recognize the processing of overtime with the employer's obligation to increase pay, the following conditions must be met:
work must be performed outside the employee's working hours;
such work is carried out exclusively at the initiative of the employer.
Such requirements are contained in Article 99 of the Labor Code of the Russian Federation.
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Accordingly, if an employee of his own free will, that is, solely on the basis of his own initiative, decided to stay at work in order to complete current affairs, such work will not be overtime work. Therefore, the delay of employees after the end of the working day on their own initiative will not be overtime, these periods are not subject to payment.
Also, the work will not be considered in a situation where an irregular working day is set for an employee. Note that overtime and irregular working hours are inherently similar in that both situations involve employees working outside normal working hours.
But the fundamental difference is that is established in a special order, in particular, an appropriate condition is introduced into the employment contract. At the same time, for an irregular working day, the employee is compensated for overtime in the form of additional days. .
Additional payment for processing during irregular working hours is not made. While overtime work, the Labor Code regulates wages at an increased rate.
Note that in the event that an employee works according to the standard schedule of a five-day or six-day work week, overtime for him will be work that is performed in excess of the established duration of daily work. If entered , then processing, which is subject to increased payment, will be established based on the results of the accounting period.
Overtime work, to which the employee is involved by order of the employer, is in any case associated with exceeding the established norm of working time and reducing the time period intended for . Therefore, it is carried out in strict accordance with labor laws and the provision of a number of guarantees for those who work overtime. The Labor Code of the Russian Federation establishes restrictions on the duration of overtime work, increased pay for such work and a special procedure for attracting to it.
Pay attention! Labor legislation establishes a special limit on the duration of overtime work:
- 4 hours of overtime work on two consecutive days:
- 120 hours a year.
How to get an employee to work overtime
As a general rule, involvement in excess work is possible only with the consent of the employee. There are certain situations, explicitly mentioned in Article 99 of the Labor Code, when such work does not require the consent of the employee. But all these situations are connected with force majeure. This is an activity that is related to the prevention or elimination of the consequences of catastrophes, accidents, natural disasters. In other words, these are situations that require an immediate response.
In all other cases, the consent of the employee is required not to work overtime. Moreover, this consent must be expressed in writing. To obtain the consent of the employee, a special application form can be provided.
Employee's statement of consent to involvement in overtime work
Additional rest time - time off - is provided to the employee on the basis of his . In the event that an employee chooses an increased pay, rules apply under which the amount of the surcharge will depend on the duration of the processing.
So for the first two hours of labor at least one and a half times, for the next hours - at least twice the size. At the same time, the employer has the right to establish increased wages, fixing this in a local act or an employment contract with an employee.
Pay attention! The rules for increased overtime pay apply regardless of the accepted system of remuneration in the organization. In other words, even if the employee receives a salary, or wages are calculated on the basis of piece rates, additional payment is due for processing.
So, for example, if an employee has a salary, then payment for overtime hours will be made according to the following formulas:
The employer must keep a strict record of the time worked overtime. For this, a special code "C" or "04" is provided in the time sheet.
Overtime pay at night
There may be situations when overtime work will be done at night. Then there will be an attraction of the employee to overtime work in . For work in deviating working conditions, including at night and overtime work, the employee is paid appropriate payments (Article 149 of the Labor Code of the Russian Federation). At the same time, the Labor Code does not prohibit making payments on several grounds. Therefore, in such a situation, the employee must make an additional payment for both overtime and . These surcharges must be calculated separately and summed up.
In the time sheet, then you will need to put down a triple code, which will reflect both overtime and night work. The entry in the time sheet will look like this (I / N / C).
Payment for overtime work according to the Labor Code of the Russian Federation 2017: changes
Payment for overtime work of the Labor Code of the Russian Federation from June 29, 2017 has been slightly adjusted. Fundamentally, in connection with the addition of article 152 of the Labor Code of the Russian Federation by part of the thirds, Did not happen.
The addition concerns the situation when overtime work is carried out in . The legislator clarifies that overtime work on a weekend or holiday is paid according to the rules established by Article 153 of the Labor Code of the Russian Federation. When calculating the amount of overtime, this period is no longer counted as overtime and is not repaid.
It should be noted that this rule was also in force earlier, such explanations were repeatedly given by Rostrud. But now this principle is enshrined in the form of a rule of law, which will make it easier for many personnel officers and accountants to calculate overtime pay.
Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
Part two is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.
Work performed in excess of the norm of working time on weekends and non-working holidays and paid in an increased amount or compensated by the provision of another day of rest in accordance with Article 153 of this Code is not taken into account when determining the duration of overtime work payable in an increased amount in accordance with part one of this article.
Comments to Art. 152 Labor Code of the Russian Federation
1. Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.
Overtime work increases the working day and adversely affects health. Regular overtime work negative influence on labor discipline, the authority of the organization, lead to staff turnover. Overtime is paid at an increased rate to compensate the employee for the increased labor costs during work.
2. Overtime work may be compensated by the employer by providing additional rest time, but not less than the time worked overtime. Such a replacement is possible only with the consent of the employee. The employer does not have the right to decide on a replacement unilaterally.
3. If, in violation of the norms of the Labor Code, the employee worked 5 hours overtime on day 1, then payment is made in accordance with Art. 152 TC: the first 2 hours - at least one and a half times, and the next 3 hours - at least double the size.