When overtime is allowed. Overtime work. Features of overtime pay

What kind of work is considered overtime? Who shouldn't be attracted to her? How long can it last? When is a written permission from an employee necessary, and in what cases can you do without it? What is the payment procedure for overtime work? And how to pay for it with the summarized accounting of working time? Violation of the procedure for bringing an employee to work overtime is punishable by a high fine.

There are many situations when an employee has to stay late at work: you need to complete unfinished business, replace an absent colleague, or submit an annual report on time. Is it overtime, extended service areas, increased workload, or irregular working hours? These concepts are often confused. However, this is not surprising, because, for example, overtime work and irregular working hours refer to work outside the employee's established working hours. Let's consider what is meant by overtime work, what guarantees and compensations are due to employees, how to arrange the involvement of them and, most importantly, how to correctly calculate and pay for such work.

What kind of work is considered overtime?

Overtime is considered work that meets following conditions (part 1 of article 99 of the Labor Code of the Russian Federation):

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

Pay attention to this important fact: if an employee is delayed at work for own initiative (there can be any reasons for this: low labor productivity, the need to complete personal affairs, etc.), such work is not counted and is not paid as overtime. This opinion was voiced in the letter of Rostrud dated 18.03.2008 No. 658-6-0. Also, overtime work is not recognized as performing work duties within an irregular working day.

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

Keep in mind that engaging in overtime work should not be systematic, it can occur sporadically in certain cases (Rostrud letter dated 07.06.2008 No. 1316-6-1).

Overtime work

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). For this, the employer must ensure that each employee's overtime is accurately recorded... The time worked by an employee overtime must be reflected in the time sheet (for example, in the form No. T-12 (No. T-13), approved by the resolution of the State Statistics Committee of Russia dated 05.01.2004 No. 1). Overtime hours in the report card should be marked with the letter code "C" or digital "04", under which the number of overtime hours is indicated.

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

underage workers - from 24 to 35 hours a week, depending on age;
disabled people of I or II groups - no more than 35 hours per week;
workers whose working conditions at their workplaces according to the results special assessment working conditions referred to harmful working conditions of the 3rd or 4th degree or hazardous working conditions, - no more than 36 hours per week;
women working in the regions of the Far North (Article 320 of the Labor Code of the Russian Federation);
teachers (Article 333 of the Labor Code of the Russian Federation);
medical workers (article 350 of the Labor Code of the Russian Federation).

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

Who shouldn't be involved in overtime work?

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

pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);
persons under the age of 18, except for:

certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their list was approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252 “On Approval of the List of Professions and Positions of Creative Workers of Mass Media, Cinematography Organizations, Television and Video Shooting Groups, Theaters, Theater and Concert Organizations, Circus and Other Persons Participating in (or) performance (exhibiting) works, features labor activity which are established by the Labor Code of the Russian Federation ",
athletes, if the collective or labor agreement, agreements, local regulations establish the cases and procedure for engaging in overtime work (part 3 of article 348.8 of the Labor Code of the Russian Federation);

3. employees during the period of validity of the apprenticeship agreement (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 01/05/1943 No. 15; drivers admitted to driving a vehicle as an exception due to special state of health, - Sanitary rules on occupational health of car drivers, approved by the USSR Ministry of Health 05.05.1988 No. 4616-88).

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

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

These workers include (part 5 of article 99, article 259, 264 of the Labor Code of the Russian Federation):

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

A question from practice.

Female worker making out labor contract, did not notify the employer that she was a disabled person of the II group, and did not submit documents confirming the disability. After expiration probationary period she brought a certificate of medical and social expertise and an individual rehabilitation program (IPR) for a disabled person. In accordance with these documents, she is recommended to work in a sedentary office no more than 35 hours a week. The employment contract sets the duration working week 40 hours. The employee believes that all this time she worked overtime, and requires additional payment for these hours. Are the employee's claims legal?

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 who concludes an employment contract with an employee on a general basis (not on account of the quota) is not only not obliged, but also has no right to demand from him documents confirming disability (part 3 of article 65 of the Labor Code of the Russian Federation). Submission of such documents is the employee's right.

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

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

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

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, 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.).

Consent is not required to engage in work on the indicated grounds trade union organizationas 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, 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 destruction 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 primary trade union 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).

It is important for the employer to remember that he must notify certain categories of employees against 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 agreements "employee-employer" are documented. 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. In the order, it is necessary to indicate the reason for involving the employee in overtime work, the date of the start of work, the last name, first name, patronymic of the employee, his position and the details of the document in which the employee agreed to be attracted to such work.

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. Overtime work can be compensated for by an increased wage 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's order must be familiarized with signature.

Overtime pay

Overtime work is compensated for by an employee with an increased pay:

the first two hours of processing are paid at least 1.5 times,
subsequent hours - at least double (Article 152 of the Labor Code of the Russian Federation).

Specific amounts of payment can be established by a local regulatory act, as well as 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 the one-and-a-half and double size of overtime pay is not clearly spelled out in the legislation. The employer naturally raises the question: how much to calculate?

In practice, the question often arises: how to pay for overtime work on a non-working holiday?

According to general rule work on a weekend or a non-working holiday is paid at least in double the amount (Article 153 of the Labor Code of the Russian Federation). However, in clause 4 of Clarifications No. 13 / p-21 "On compensation for work in holidays"(Approved by the decree 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 acting in the part that does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation)), it is indicated that when calculating overtime hours, work on non-working holidays, produced in excess of the working time norm should not be counted, since it has already been paid in double the amount.

How to pay overtime for cumulative work time tracking

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 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, the decision of the Supreme Court of the Russian Federation of 15.10.2012 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, on average for each working day of the accounting period, not less than one and a half amount, and for the next hours - not less than double the amount.

With the summarized accounting of working time, overtime is calculated at the end of the selected accounting period (month, quarter, half year, year). At the same time, on some days the employee may work more, on others - less, the main thing is that during the accounting period he worked the established norm of hours. Exceeding this limit is considered overtime work.

Note: the time when the employee was absent from work for a good reason (for example, was ill or was on vacation) is excluded from his working time norm.

At the request of the employee, payment for engaging in overtime work can be replaced with additional rest time.

SO, let's pay attention to the main points related to overtime work:

request written consent from workers and the opinion of the elected body of the primary trade union organization;
check if, according to the medical report, the employees involved are not allowed to work overtime;
compensate for work in excess of the working hours established by employees;
reflect in collective agreement or a local regulation, the procedure for attracting workers to overtime work, providing additional rest days and a mechanism for calculating monetary compensation for overtime (for example, will the increased pay for overtime work include bonus payments);
maintain a separate overtime log and track it so that workers do not work more than 120 hours per year.

In case of violation of the procedure for attracting an employee to overtime work, the employer is liable in accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation - a fine from 30,000 to 50,000 rubles, and executivewho committed the violation - from 1,000 to 5,000 rubles. In case of committing a similar violation again - under Part 4 of Art. 5.27 of the Administrative Code of the Russian Federation - the fine increases significantly.

The 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 agreements "employee-employer" are documented. Therefore, the employer must:

obtain written consent from 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 preparation;
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 of 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 to such work.

See a sample overtime order.

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 consecutive days and 120 hours per year. To this end, the employer must ensure that each employee's overtime 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 you use the summarized accounting of working hours, overtime is reflected at the end of the accounting period.

What is Overtime Work

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 these 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 the technical conditions of production, could not be performed (completed) during the working hours established for the employee, if the failure to perform this work may lead to damage or loss of the employer's property or pose a threat to life and human health;
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 primary trade union organization (part 4 of article 99 of the Labor Code of the Russian Federation, ruling of the Supreme Court of the Russian Federation of 11/14/2006 in case No. 4-В06-31).

Who Shouldn't Be Involved in Overtime Work

Involvement in overtime work is not allowed:

pregnant women;
employees under the age of 18 (with the exception of minor athletes, as well as creative workers mass media, cinematographic organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons participating in the creation or performance of works (Articles 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 to them for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts ... A similar procedure is established for disabled people. Both those and others must be informed against receipt of their right to refuse overtime work.

Overtime pay

The procedure for paying for overtime work 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 for an opportunity for the employer to approve specific amounts of payment for overtime work in a labor or collective agreement, but not lower than those set forth 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 1.5 times, for the next hours - in 2 times. This is the minimum threshold stipulated 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 the increased payment of overtime hours, as an alternative, provision may be made for the provision of additional hours of rest in the amount of 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 part that does not contradict the Labor Code of the Russian Federation (

The Labor Code of the Russian Federation (Article 99) differentiates the cases when employees are attracted to work in excess of working hours:

After obtaining the written consent of the subject - if it is necessary to repair the equipment, the malfunction of which may lead to the impossibility of performance labor functions a significant part of the team; if there is a risk of damage material values employer; if the employee's replacement did not appear, etc.
After receiving the written consent of the person, as well as in the presence of a medical opinion that the state of health allows such work - for disabled people and women with children under 3 years old.
IMPORTANT! The rules for obtaining a medical document are approved by order of the Ministry of Health and Social Development of the Russian Federation dated 02.05.2012 No. 441n.
Without obtaining the consent of the person, for example, if the work is necessary to prevent a catastrophe or eliminate its consequences (all grounds are listed in paragraphs 7-9 of article 99 of the Labor Code of the Russian Federation).
After obtaining the consent of the employee and the trade union body - in all other cases.

The maximum amount that should not exceed the duration of overtime

The maximum duration of overtime work is 120 hours within a year, and within 2 consecutive days, overtime work under the Labor Code of the Russian Federation should not exceed 4 hours (the employer independently decides how to divide the 4-hour period between 2 days).

In addition, there is industry norms, introducing a specific maximum processing time. So, according to clause 23 of the Regulations on the specifics of the working hours and rest hours of car drivers, approved by order of the Ministry of Transport of Russia dated 20.08.2004 No. 15, the sum of the driver's working and overtime hours for 1 working day should not be more than 10, unless the delay in work does not threaten the property of the employer and is not caused by the absence or delay of the driver-replacement. In exceptional cases, it is possible to increase the duration of overtime work up to 12 hours.

The employer accurately records the processing of any member of the team.

IMPORTANT! It is necessary to distinguish between irregular working hours (such a regime is fixed in local acts, an employment contract) and overtime work. For the first employee does not receive monetary compensation, and additional leave under Art. 119.

Payment for overtime hours in case of shift schedule and total accounting of working hours (2018 - 2019)

Art. 152 of the Labor Code of the Russian Federation establishes the basic principle of payment for overtime work: the first 2 hours - 1.5 times higher, further time - 2 times. Local acts companies, these indicators can be increased, but not decreased.

Example: if 3 hours of exceeding the norm took place in 1 working day, the first 2 hours will be paid in one and a half amount, and the last - in double, but if within 2 days - all processing time is payable with an increase of 1.5 times.

NOTE! If the employee wishes, instead of paying, overtime work can be compensated by additional rest, the duration of which cannot be less than overtime.

At the same time, overtime work is paid in the usual amount, and rest will not entail revision wages.

Difficulties in calculating wages are caused by cases when the organization maintains a summary record of working time when flexible schedule... The RF Armed Forces in the decision of 10/15/2012 No. AKPI12-1068 explained that overtime should be considered the time worked outside the shift, while with the summarized accounting of time in double the amount should be paid for activities after 2 hours not within the accounting period, but 1 day ...

Law of 18.06.2017 No. 125-FZ art. 125 of the Labor Code of the Russian Federation was supplemented with part 3 - the latter brought beyond the scope of overtime work, work in excess of the norm on weekends and holidays, paid in an increased amount.

Employers should strictly adhere to regulations on how to engage workers in overtime work, depending on the categories to which they belong, or the situation that led to the need for such work, as well as the duration of overtime. By special rules calculation of payment for overtime in cases where the organization maintains the summarized accounting of working hours

Overtime work - work performed by the employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and with the summarized 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).

The procedure for engaging in overtime work

Engaging an employee for overtime work by an employer is allowed:

1. with the written consent of the employee;
2. without the consent of the employee.

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

- if necessary complete (finish) the work started, which, due to an unforeseen delay in the technical conditions of production, could not be performed (completed) during the working hours established for the employee, if non-performance (non-completion) of this work may lead to damage or loss of the employer's property (including property of third parties located from 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;
- in production temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction could cause a significant number of workers to stop working;
- to continue work in the absence of a shift workerif work does not allow for a break (the employer is obliged to immediately take measures to replace the shift with another employee).

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

in the production of work required to prevent a catastrophe, industrial accident or eliminate their consequences;
in production community service to eliminate unforeseen circumstances that disrupt the normal functioning of centralized life support systems for the population, lighting, transport, communications;
in the production of work, the need for which is due to the introduction state of emergency or martial law, as well as urgent work in emergency conditions (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or its part.

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.

Involvement in overtime work is not allowed:

1. pregnant women;
2. employees under the age of 18;
3. other categories of employees in accordance with the 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 opinion. In this case, disabled people, women with children under the age of 3 years, must be informed against their signature to refuse to work overtime.

It is the employer's responsibility to ensure that each employee's overtime work is accurately recorded.

Overtime Compensation

Overtime work is associated with increased energy consumption and reduced rest time, therefore, labor legislation establishes a number of compensations for those who perform it.

According to the Labor Code of the Russian Federation, these include:

- limitation of overtime work (four hours for two days in a row and 120 hours per year - part 6 of Art. 99);
- increased pay (for the first 2 hours not less than one and a half size, for the next hours - not less than double - art. 152);
- a special procedure that determines the procedure for engaging in overtime work;
- prohibition to involve workers in overtime work in need of increased social protection, for example, pregnant women and workers under the age of 18 (part 5 of article 99);
- a special procedure for attracting workers of certain categories to overtime work (for example, part 5 of article 99 of the Labor Code of the Russian Federation).

These guarantees also apply

1. on employees with disabled children before they reach the age of 18;
2. for workers caring for sick family members in accordance with a medical certificate issued in accordance with the procedure established by law about labor;
3. on mothers and fathers raising children of the corresponding age without a spouse (part 3 of article 259 of the Labor Code of the Russian Federation);
4. on guardians (trustees) of minors (Article 264 of the Labor Code of the Russian Federation).

The head of the organization issues an order (order) on attracting employees to overtime work... The order indicates the basis for engaging in overtime work, for example, the need to eliminate the consequences of an industrial accident, prevent an industrial accident (Article 99 of the Labor Code of the Russian Federation). This order indicates the surname, name, patronymic of the employees involved in its implementation, as well as the duration of such work.

The situation when an eight-hour working day with enviable regularity turns into a ten-hour day is familiar to many. Is recycling legal? How should overtime work be paid? And what to do in order not to work in excess of the norm “for the idea”?

When is work considered overtime?

Overtime is considered to be work that an employee does outside the established norm. Normal weekly working hours should not exceed 40 hours, i.e. five eight-hour working days a week.

Special cases are enterprises, the specifics of which require:

a longer work week, i.e. instead of five working days - six. But in this case, the total working hours should not exceed 40 hours per week.

longer daily work for certain types activities or professions, i.e. up to 12 hours a day. However, this requires a collective agreement and a minimum of 24 hours of rest after a 12-hour day.

shortened working week, i.e. 4 or 4.5 working days a week. But in this case, the duration of one working day cannot exceed 10 hours.

shift work. For this, a shift schedule is established, while it is prohibited to work for two shifts in a row. The break between shifts cannot be less than twice the duration of the working time in the previous shift (including a break for meals). Workers must be familiarized with the shift schedule at least one month prior to its implementation.

In addition, there is separate categories workers whose work schedule requires compliance with special standards:

workers under the age of 16 must not work more than 5 hours a day;

workers between the ages of 16 and 18 must not work more than 7 hours a day;

workers employed in production with harmful conditions labor should not work more than 7 hours a day;

persons with disabilities. The length of the working day is established in accordance with the medical report. However, persons with severe and severe disabilities should work no more than 30 hours a week.

All working regimes that exist at the enterprise must be spelled out in the internal labor regulations. Also, working hours and rest time are fixed in the collective agreement. If an employee enters into an individual labor contract, then it specifies the mode of work and rest, including the length of the working day and working week of the employee. And if the bosses involve an employee to work exactly outside the established norm, then such work is considered overtime.

And if you had to work on the weekend?

Work on weekends or holidays is not overtime. This is weekend work, the procedure for recruiting and compensation is determined differently. In this case, the employee can either receive payment or compensate for the worked day off with another free day.

How should overtime work be compensated?

If an employer offers an extra day off for overtime work, he is breaking the law. Overtime must be paid by law.

The calculation is performed as follows:

With time-based wages: the first two hours - not less than one and a half of the hourly basic wage established for the employee, subsequent hours - not less than double.

With piecework wages using the tariff system of payment: the first two hours - at least 50% tariff rate specific employee, subsequent hours - 100% of this tariff rate.

With piecework wages using tariff-free payment systems: the first two hours - at least 50% of the hourly guaranteed minimum wage in the real sector, subsequent hours - 100%.

What guarantees does labor legislation provide?

Firstly, overtime work is only possible with the consent of the employee, and in writing. This is a very important point, since it is on the basis of the relevant documentation that the overtime surcharge is charged. If you agree to stay to work additionally in response to an oral request from management, then in the future it will be almost impossible to prove that you stayed up at work on your own initiative. For unscrupulous employers, a verbal agreement is a great excuse to leave you unpaid for overtime.

Secondly, the total number of overtime hours cannot exceed 120 hours in a calendar year. In exceptional cases, the duration of overtime work may be increased with the consent of the employee representatives up to 240 hours per calendar year.

Thirdly, the maximum working day in the case of overtime should not exceed 12 hours.

Can an employer do without the employee's consent?

Yes, but only in exceptional (emergency) cases: for work to defend the country, prevent an industrial accident, eliminate the consequences of an industrial accident or natural disaster; for work to eliminate unforeseen situations that may disrupt the normal functioning of water and power supply services, sewage, postal services, communication services and informatics, communications and public vehicle, fuel distribution plants, medical institutions.

In all other cases, there must be a written order from the employer and the written consent of the employee.

Who Can't Get Overtime Work?

The employer has no right to force employees under the age of 18 and pregnant women to work overtime.

Special cases. If the employer wants to involve people with disabilities in overtime work; a parent (guardian, caregiver) who has a child under the age of six or a child with disabilities; as well as an employee who takes care of a sick family member on the basis of a medical certificate, he is obliged to familiarize these employees in writing with their right to refuse overtime work. If the specified categories of employees agree to overtime work, then a written order from the management and a written consent of the employee must be issued.

Is it okay to stop working overtime?

Except in emergency situations, the employee can refuse to overwork. At the same time, the employer has no right to apply any sanctions to him, including disciplinary ones. Work in excess of the norm is possible only when consent to stay after work is received from the employee himself, and this consent must be formalized in writing.

What if the employer refuses to pay overtime?

If, instead of paying for overtime, you are fed verbal thanks and rant about “company loyalty”, you should contact the State Labor Inspectorate. If you prove the fact of overtime work, then the payment for these hours will be claimed from the employer. In practice, few employees take advantage of this opportunity to protect their legal rights. Out of 1,867 complaints received by the State Inspectorate for the period from January to September 2017, only 2% concerned the problem of violation of the labor regime. Why do few people dare to complain when it comes to unpaid overtime?

One of the main reasons is the lack of evidence. Especially when it comes to working in private companies. Here the principle “whoever does not like, let him leave” applies. Refusal to work after a working day is considered bad form. Nobody requires a written order and, moreover, the written consent of the employee. As a result, the employee sits up late "for the idea", and when his patience is exhausted, it is almost impossible to prove that the overtime hours were not his initiative, but the insistence of management. As explained in the State Labor Inspectorate, if there is no relevant documentation, you can write a complaint, but it will hardly be possible to prove anything. Only other colleagues who witnessed your conversation with your superiors can help. Although, as practice shows, there are usually no witnesses to verbal agreements, and if they are, then they do not particularly want to speak on your side, so as not to spoil their own relations with the leadership.

Another option is to go to court. However, there are also pitfalls here. “There is no Labor Tribunal in Moldova, therefore, litigation can last 3-4 years,” the GIT said. "The decision of the court can also be challenged by the employer, and litigation will wander from instance to instance."

Are reluctant to complain about unpaid overtime workers and because they do not want to spoil relations with their superiors or are afraid of being fired for not wanting to work for the good of the company for free.

Working hard doesn't mean being efficient

Working overtime is not effective in the long run. A period of high performance is followed by a decline. According to managers in Switzerland, Germany and France, employees who work 10 or more hours lose their productivity and start making mistakes. According to American researchers, the percentage of errors by the end of an eight-hour working day grows on average by 10%, but by the end of a ten-hour working day - by 28%.

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