Labor Code overtime. Overtime work - accounting, procedure for payment, compensation and involvement in overtime work. How an employee's overtime is paid

In an unstable financial and economic climate, many employers seek to optimize costs for labor resources... For this, the staff reduction is being carried out.

Meanwhile, the tasks that the released workers performed remain. Enterprising employers shift them onto the shoulders of employees who have not been laid off, and do not establish any additional payments for completing these tasks. Such actions are illegal, since employees have to work longer than the time allowed by the norms to be in time. This activity of employees is called overtime. Let's consider its features.

Definition

According to article 99 of the Labor Code of the Russian Federation, overtime work involves the performance of duties by an employee outside the duration of the daily shift established for him by the norms. Some enterprises keep summarized time records. In such cases, according to the Labor Code of the Russian Federation, overtime work is considered to be the performance of duties in excess of the normal number of hours for the billing period. The norm is 40 hours a week.

Special categories

For some employees, the labor law establishes a reduced duration of work:

For minors - 24-35 hours a week.
For persons whose working conditions are harmful (3-4 st.) Or dangerous - no more than 36 hours / week. The production conditions are assessed by a special commission. Based on the results of the analysis, an act is drawn up.
For disabled people of 1-2 groups - no more than 35 hours / week.

Reduced shifts are also established for pedagogical and medical professionals, women working in the North and in territories equated to it.

Accordingly, for all these categories of employees, overtime work is recognized as professional activity carried out in excess of the established norms. Additional payment is required for it.

Important points

It should be said that the involvement of workers in overtime work is carried out at the initiative of the employer. Employees have the right to on their own linger at the enterprise. However, such cases are not considered overtime work.

The employer must organize an accurate record of the time during which the citizen is at the enterprise. It must be remembered that overtime work should not exceed 120 hours per year.

Legislative prescriptions

The TC does not allow forced involvement in overtime work. However, the law provides for a number of cases when the employer has the right to detain his employees. They are enshrined in part 2 of Article 99 of the Labor Code. According to the norm, overtime work is allowed when:

The need to complete a started production operation, the completion of which was not possible due to an unexpected delay during the shift. Overtime work in this case, it is justified if its non-fulfillment can lead to damage or destruction of property (including property belonging to third parties, but in the custody of the employer), municipal or state property, creating a threat to the health or life of the population.
Carrying out repairs or restoration of mechanisms, structures, if their malfunction can lead to the termination of the work of most of the personnel of the enterprise.
Failure to show a changing employee to continue working, the interruption of which is unacceptable. In such cases, the employer must promptly take measures to replace the working citizen with another employee.

In all of these cases, the employer must obtain consent from employees to work overtime. In this case, it is necessary to take into account the opinion of the trade union.

Exceptional cases

In part 3 of part 99 of Article of the Labor Code, the circumstances are enshrined in which involvement in overtime work is allowed without obtaining consent from employees:

Implementation of measures necessary to prevent accidents, catastrophes, and eliminate their consequences.
Carrying out work aimed at eliminating unforeseen circumstances, as a result of which the normal functioning of the main (centralized) systems of gas, water, heat, power supply, communications, transport is disrupted.
Implementation of measures due to the introduction of martial law or a state of emergency, urgent work in an emergency. We are talking, in particular, about floods, fires, other natural disasters, as well as other cases in which the life or health of the population is endangered.

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

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

Unfortunately, the Labor Code does not define a unified 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 assigned to that employee, according to the production calendar. In other enterprises, the calculation is based on the monthly salary and the average monthly number of hours.

As a result, using different methods of calculating overtime pay can result in completely different amounts. In order to avoid conflicts, it is advisable to fix the selected calculation rules by an internal regulatory act.

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 the Flexible Working Time 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 working regime, hourly work is recorded in total relative to the established billing period (month, week). Accordingly, only those hours worked in excess of the norm provided for a specific period will be recognized as non-standardized.

Accordingly, overtime work of 2 hours will be paid in one and a half amount, and subsequent hours in excess of the norm - in double.

Practice of applying the rules

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

The rules enshrined in clause 5.5 of the Recommendations were recognized as correct by the RF Armed Forces, despite the fact that the Ministry of Health gave slightly different explanations. Thus, in a Letter dated 2009, the department recommended that overtime 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 in one and a half, and 17 - in double the amount.

By general rules assigned to the activity on a non-working (including a holiday) day must be paid in double amount. In practice, the question often arises - how to calculate the earnings of a citizen involved in overtime work on the weekend? There is an explanation of this in the Resolution of the State Committee for Labor from 1966 No.

According to the regulation, hours worked overtime on a weekend or holiday should not be taken into account when calculating, since this labor activity and so it is paid double.

Additional rest days

According to the provisions of Article 152 of the Labor Code, an employee can refuse monetary compensation. The employee can take additional rest instead. Its duration should not be less than the time worked overtime.

Nuances

Special rules act in relation to:

Employees, contractors, subsidiaries FIFA.
Football confederations and national associations.
Organizing Committee "Russia-2018" and its subsidiaries.

If the activities of employees of these organizations are related to the implementation sporting events overtime is compensated for by additional rest. Its duration should not be less than the time worked in excess of the norm established by the plans. Another order can be fixed exclusively in employment contract.

In relation to these employees, the procedure provided for in Article 152 of the Labor Code does not apply.

Who can work like this?

The legislation contains a list of persons whose involvement in labor activities in excess of the established norms is not allowed. It is defined in part 5 of article 99 of the Labor Code. According to the norm, the employer does not have the right to engage pregnant employees and minors to work overtime. In this case, the exception is made by athletes under the age of 18, creative workers Mass media, cinematographic organizations, video and television crews, theater / concert institutions, circuses, as well as other persons involved in the performance / creation of works. A complete list of relevant positions and professions was approved by government decree No. 252 of 2007.

Engaging women with minor (under 3 years old) dependents and disabled people in overtime work is permitted only with their consent. It is given in writing. At the same time, these citizens must have a medical certificate stating that overtime work is not prohibited for them for health reasons.

Women with minors under 3 years of age, as well as people with disabilities have the right to refuse to work in excess of the norm. This possibility must be explained to them by the employer against signature.

Similar rules for engaging in overtime work are established for:

Single parents raising children under 5 years old without a spouse.
Employees with a disabled child dependent.
Workers caring for sick relatives.

Employee consent

At some enterprises, the content of the employment contract includes a condition that, if necessary, a citizen, on the basis of an order, will be involved in overtime work, including on holidays / weekends, as well as at night. The leaders of such organizations believe that by securing this clause in the contract, they have already automatically taken the consent of the employees. However, this is not the case.

Such a clause cannot be fixed in an employment contract. Every time it becomes necessary to involve a citizen in overtime activities, it is necessary to obtain his written consent. This position is confirmed by judicial practice.

A notification is sent to the employee to obtain consent. It provides reasons for the need for overtime work. When notifying women with children under 3 years old, fathers / mothers raising a child without a spouse, employees with disabled or disabled children, they must be informed about the possibility of refusal.

What if the employee has not given consent?

If an employee gives up overtime, the employer will have to find a replacement. At the same time, the legislation prohibits the application of disciplinary sanctions to an employee who has not given consent. Otherwise, they will be illegal.

These rules, however, do not apply in cases where it is not necessary to obtain the employee's consent.

Trade union participation

The recruitment of personnel to work overtime is carried out taking into account the position of the elected body of the trade union organization, if the corresponding case is not regulated by the norms of the Labor Code. The rules for the participation of the trade union in resolving the issue are enshrined in article 372 of the Code. Let's consider them.

Before the adoption of the order to attract an employee to work overtime, the employer sends his draft with justification to the trade union. The elected body of this organization, within five days, draws up a reasoned opinion and transmits it to the employer.

In case of disagreement of the trade union with the draft order, the employer is sent a proposal to amend it. The employer, in turn, can agree with him or, within three days, must hold a joint meeting with the union to reach a consensus.

If a mutually acceptable solution is not found, the disagreements must be formalized in a protocol. After that, the employer has the right to issue an order to attract personnel to work overtime. This act can be challenged in the State Labor Inspectorate or in court.

There is no unified form for this document. Therefore, the company needs to develop its own form, taking into account the legal requirements for such documents. The order must indicate:

Full name and position of the employee.
The reason for engaging in overtime work.
Start date of activity.
Employee consent information.

The employee reads the order and signs.

The document can also indicate the amount and procedure for remuneration for overtime work, if this is enshrined in a local legal document.

The amount of payment can be established by agreement of the parties.

In some cases, the employer issues a separate order to award compensation for overtime work. This may be due to the fact that its species was not determined before the start of processing.

additional information

Overtime hours should be reported on the timesheet. For this, the document provides for the code "C" or "04". The number of hours and minutes processed is indicated below this code.

If a time-wage is set for an employee, for every hour of the first 2 overtime hours, 50% of the rate is added to the basic salary, and for each subsequent one - 100%.

If the payment is piecework, then the processing time, as well as the products released within this period, must be paid according to the general rules, plus the procedure established for the time-based work schedule applies.

If overtime work is done at night, payment is made for both overtime and night work. The minimum surcharge for each irregular hour at night is 20% of the tariff or part of the salary.

Proof of overtime work may be evidenced by an employee's written explanation. In addition, waybills with appropriate marks and other supporting documents can be provided.

Is there an additional vacation payable?

There is no definite answer to this question. As stated in Article 153 of the Labor Code, as compensation for overtime work, an employee can receive additional rest instead of increased pay. At the same time, the legislation does not prohibit the payment of rest days. Consequently, the employer has the right, at his own discretion, to issue the employee and monetary compensation.

Rest procedure

There are no clear rules in the legislation. However, paragraph 39 of the Resolution of the Supreme Court of 2004 clarifies that the unauthorized use of vacation days and time off is considered absenteeism and may be the basis for terminating the contract. In this case, the provisions of Art. 81 TC.

The unauthorized use of rest days is not recognized as absenteeism if the employer, in violation of the obligation established by law, refused to provide them to the employee, and the time of their use did not depend on the employer's discretion. Failure to provide additional rest for overtime work is illegal if the employee has chosen it as compensation.

Finally

It is illegal for an employee to work overtime without their consent. The exceptions are cases directly provided for by law. In addition, in certain circumstances it is necessary to seek the opinion of the elected body of the union. The health status of the employee is also important. The employee should not have contraindications.

Compensation must be provided to the employee without fail. This can be a cash payment or additional rest days. The employer's evasion of this obligation is unlawful. The employer, at his discretion, can provide both material compensation and rest.

Updated 02.27.

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

What is the procedure for bringing in overtime work? Stages of the employer's actions, samples of accompanying documentation. Who can and should not be involved in overtime work.

(click to open)

Overtime work is work performed by an employee on the initiative of the employer outside the established working hours 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 (Article 99 of the Labor Code of the Russian Federation).

Procedure for Engaging in Overtime Work

There are two main steps to getting an employee to work overtime.

First step:

It is important for the employer to remember that he is obliged to notify certain categories of workers 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 written consent of the employee;
make sure there are no medical contraindications;
notify employees against 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 issue;
Full name and position of the involved specialist;
the reasons why it became necessary to attend the service overtime;
the date when it is necessary to work out the "extra" hours (you can specify the 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 putting a signature in the “Agree” or “Disagree” field.

A sample written consent for overtime work can be viewed

Second phase:

The employer issues an order for engaging in overtime work and must familiarize the employee with it. The unified form of such an order has not been approved, therefore the employer draws up it in free form. The order must indicate:

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

A sample overtime order can be viewed.

If the amount of the additional payment is established by a collective agreement or local normative act, then it is possible to indicate this amount in the order. The amount can also be determined by agreement of the parties. The order of the employee must be familiarized with the signature.

When engaging employees in overtime work, it is worth remembering that the duration of such work should not exceed four hours for each employee for two days in a row and 120 hours per year. To this end, the employer must ensure that each employee's overtime work is accurately recorded.

In the time sheet, overtime work is marked with the letter "C" or the numbers "04", and the number of hours worked in excess of the norm is indicated next. If employees keep a standard daily record of hours worked, it is recommended that on overtime work days, the normative and excess work time two lines. And if summarized accounting of working hours is used, overtime is reflected at the end of the accounting period.

What is considered overtime

to prevent a catastrophe, industrial accident, 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 emergencies that threaten the population (fires, floods, etc.).

The consent of the trade union organization is not required to engage in work on the indicated grounds, since these circumstances are extraordinary.

In case of refusal to perform such work, an appropriate act is drawn up, and the employee is brought to disciplinary responsibility.

With the written consent of the employee, you can be involved in overtime work 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 unforeseen delay in technical specifications the production could not be performed (completed) during the working hours established for the employee, if the failure to perform this work may result in damage or loss of the employer's property or pose 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 can cause the termination of work for many workers;
to continue work in the absence of a shift worker, if the work does not allow a break.

In other cases, engaging 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, definition The Supreme Court RF of November 14, 2006 in case No. 4-B06-31).

Who Shouldn't Be Involved in Overtime Work

Involvement in overtime work is not allowed:

pregnant women;
workers under the age of 18 (with the exception of minor athletes, as well as creative workers of the media, cinematography organizations, television and video filming teams, theaters, theater and concert organizations, circuses and other persons involved in the creation or performance of works (Art. 348.8 and 268 of the Labor Code of the Russian Federation);
persons with whom an apprenticeship 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 the age of three 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 accordance with the procedure established by federal laws and other regulatory legal acts ... A similar procedure is established for persons with disabilities. Both those and others must be informed against receipt of their right to refuse overtime work.

Overtime pay

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

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

In addition to increased pay for overtime hours, as an alternative, provision may be made for the provision of additional hours of rest in the amount not less than worked in excess of the norm. The written consent of the employee must be obtained for such a replacement, and the time of use of such compensation must be agreed by both parties. At the same time, the Labor Code does not determine the maximum duration of rest time provided as compensation for overtime worked. More specifically, this can be spelled out in the collective or labor agreement or other local acts of the organization. Specialists in the field labor law recommend that the type of compensation for overtime work be prescribed directly in the employee's written consent for overtime work. If these are additional hours of rest, then it is also recommended to register their number here.

Overtime pay for cumulative accounting

To understand this issue, one should adhere to clause 5.5 of the Recommendations on the Application of Flexible Working Time Regimes at 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 dated 05/30/1985. These Recommendations are valid in the part that does not contradict the Labor Code of the Russian Federation (

The T ore schedule of any organization determines specific amount hours to be worked per day by each employee. However, it is not uncommon for employees to stay at the workplace at the request of the employer. Such cases are interpreted as overtime work, which, according to the Labor Law, must be paid.

But not all employers are in a hurry to fulfill their duties and provide employees with the earned money. Therefore, it is important to understand how the amount of compensation for work outside the schedule is determined, and how the registration procedure generally takes place.

Cases when the professional process for some reason requires delays at the workplace occur quite often. Usually the employer himself is the initiator of activities above the established norm.

It is in such circumstances that the wording "overtime" is used, which the Labor Code of the Russian Federation interprets as an occupation initiated by the employer professional activities outside the limits of the duration of a fixed time.

The framework of the latter sets an appropriate work schedule for employees. When calculating the amount of hours worked, in this case, an excess of those for the considered period is found.

Selected cases

So, with processing on a typical day, everything is clear. If a person stays at work to fulfill some work obligations at the request of the employer, this situation is overwork.

For example, a woman holds the position of an accountant and her working day according to the schedule starts at 8.00 and ends at 18.00 with a break for an hour lunch. However, the manager asks her to stay until 9:00 pm, for example, on Wednesday, to complete the report. Here the overtime period will be 3 hours - from 18.00 to 21.00.

Other options are preparation of an urgent order, assistance in troubleshooting technical problems, for example, for system administrators, when the entire workflow can get up, because an error has crept into the system and other options.

For example, a locksmith specialist completed his working week, however, on Saturday he was called to eliminate the accident. The activity took the period from 12.00 to 19.00. In this case, the exit of the employee is recognized as work on the day off.

But if the professional process is carried out at night, while the schedule does not provide for activities at this time of day, work is classified as overtime and as night at the same time. It is worth clarifying here that such work involves activities from 22.00 to 6.00.

For example, a person works as a distributor of dishes from 18.00 to 23.00. The manager asks him to stay until 2 am. In this case, payment is made as follows:

from 6 to 10 pm as for regular work on a schedule;
from 10 to 11 pm as a night activity

But from 11 pm to 2 am, compensation for hours is calculated as for night and overtime work at the same time.

Overtime work is often a necessity and is initiated by the employer. This is allowed legally, while it is important to remember that the design must be appropriate - before the start of work, an order is issued, and the employee expresses his written consent to the processing (with the exception of some situations).

Total Votes: 5

Overtime work is work performed by an employee on 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.

Engaging an employee to work overtime by the employer is allowed with his written consent in the following cases:

1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (completed) during the working time established for the employee, if non-performance (non-completion) of this work may entail damage or loss of property the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;

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

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

Engaging an employee to work overtime by an employer without his consent is allowed in the following cases:

1) during the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

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

3) in the performance of 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

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

It is not allowed to involve pregnant women, employees under the age of eighteen years, other categories of employees in overtime work in accordance with this Code and other federal laws. Involvement of disabled persons, women with children under the age of three years, in overtime work, is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation... At the same time, disabled people, women with children under the age of three years, must be informed against signature of their right to refuse overtime work.

The law allows to involve employees in it only in special cases, and almost always the employer must obtain their consent for processing. The procedure for engaging in overtime work must be strictly observed so as not to have problems with regulatory and law enforcement agencies.

Working overtime: what an employer needs to know

The basic requirements to be met when recruiting subordinates to work overtime are set out in the Labor Code. In particular, article 152 of the Labor Code of the Russian Federation explains how overtime work should be compensated, and article 99 lists situations when it is permissible. In the 99th article, as well as in individual articles of the Labor Code of the Russian Federation, categories of employees are indicated who are prohibited from working overtime.

Overtime work and their limitations

The boundaries established by the law concern not only the definition of who is not allowed to work in excess of the norm, but also the procedure for attracting workers to "overtime". It is not allowed to:

pregnant employees, underage workers(99th article of the Labor Code of the Russian Federation);
persons registered under an apprenticeship agreement (Article 203 of the Labor Code of the Russian Federation);
workers with medical contraindications (for example, the still valid Decree of the Council of People's Commissars of the USSR No. 15 of 01/05/1943 does not allow people with open tuberculosis to work overtime).

Involvement of other employees in overtime work in most cases is possible only with their written consent. It is not required only in some situations, namely (99th article of the Labor Code of the Russian Federation):

if the employee's actions are to prevent a possible catastrophe, industrial accident, etc .;
if the need for work is dictated by extraordinary circumstances (for example, the introduction of martial law or natural disaster);
if you need to establish (ensure) the functioning of centralized systems - heating, water supply, etc.

Engaging an employee in overtime work is allowed taking into account the opinion of the trade union, if his cell is at the enterprise (which, however, is very rare today).

Overtime work for disabled people, women with children under 3 years old, is permissible only with their written consent, if it is not prohibited for them for health reasons (in accordance with the medical report), and they must, on receipt, familiarize themselves with their right to refuse overtime work.

Professional restrictions

For some professions, there are additional restrictions. Thus, the duration of drivers' overtime work should not exceed 4 hours - within two days in a row. And the number of hours recycled per year should not exceed 120. This rule is established by Order of the Ministry of Transport of the Russian Federation No. 15 of 20.08.2004. It fully complies with the 99th article. Labor Code, which determines the maximum duration of overtime work. Any employer must comply with this standard.

However, another document ("Sanitary Rules for Occupational Hygiene of Car Drivers" dated 05/05/1988, clause 5.3) does not allow drivers to work overtime:

driving experience for which is less than 3 years;
over 55 years old;
long and often sick during the year - at least 3 times, one of which lasted more than 30 days;
admitted to work as an exception (medical board).

What is the duration of overtime work for each employee holding a certain position can be established not only by a departmental order, but also local act organization, for example, by the relevant regulation. The main thing is to adhere to the above requirement: the maximum duration of overtime work should not exceed the norm fixed in the 99th article of the Labor Code.

Some professional affiliation gives the right to a shorter working day. In particular, it is established for doctors and teachers by Articles 333, 350 of the Labor Code. In this case, overtime is considered to be work outside the shortened shift.

Overtime accounting

Since overtime work should not exceed a certain number of hours per year, the employer is obliged to keep a strict calculation of how much time each employee has worked in excess of the norm. The information is entered into the timesheet.

Overtime work in the summarized recording of working hours is considered as such if the number of hours worked exceeds the norm for a certain time. This refers to the situation when a separate shift may be less or more than a normal working day, but these "deviations" are balanced within the selected accounting period - month, quarter, year (Article 104 of the Labor Code).

How overtime is compensated

Overtime work, for whatever reasons it is not needed, is paid additionally to employees. The procedure for its payment is determined by Article 152 of the Labor Code, from which it follows that the first two hours of processing are compensated by subordinates in one and a half amount, and above them - already in double. And these are the minimum amounts of additional payments that the employer has the right to increase.

The same article of the Labor Code states whether overtime work can be compensated for by additional rest. This is possible at the request of the employee himself. In this case, its rest time should be no less than the processing time.

The beginning and end of the working day is provided for, according to the 100th article of the Labor Code, the rules internal regulations... And it is important to note that overtime work is always entrusted to the employee by order (order) of the management. If the subordinate is own initiative is delayed at the workplace, overtime is not overtime, and the employee is not entitled to compensation by law.

It might be helpful to read: