Labor code overtime work. Overtime work - accounting, payment procedure, compensation and attracting overtime. How to pay overtime worker

In the conditions of an unstable financial and economic climate, many employers seek to optimize the costs of labor resources. For this, the staff is reduced.

Meanwhile, the tasks that performed the released workers remain. Enontending employers shift them on the shoulders of employees who did not fall under the reduction, and no surcharges for the implementation of these tasks are not established. Such actions are illegal, since employees have to work more than the norms of time to have all time. Such activity of employees is called overtime. Consider its features.

Definition

According to the article 99 of the Labor Code of the Russian Federation, overtime work involves the fulfillment of duties by the employee outside the duration of the daily shift established for it by norms. Some enterprises are pursued by the time consideration. In such cases, according to the Labor Code of the Russian Federation, overtime is considered to fulfill duties over the normal number of hours during the estimated period. The norm is considered 40 hours a week.

Special categories

For some workers in labor legislation, an abbreviated duration of work is established:

For minors - 24-35 hours a week.
For persons, the working conditions of which are harmful (3-4 arts) or dangerous - no more than 36 hours / week. The assessment of production conditions is carried out by a special commission. According to the results of the analysis, the act is drawn up.
For disabled people 1-2 groups - no more than 35 hours / week.

Abbreviated shifts are also set for pedagogical and medical workers, women working in the north and in the territories, to it equal.

Accordingly, for all these categories of employees, overtime is recognized by professional activities carried out in excess of established norms. For it requires additional payment.

Important moments

It should be said that the involvement of workers to overtime work is carried out on the initiative of the employer. Employees are entitled to own willing Load at the enterprise. However, such cases are not considered overtime.

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

Prescriptions of legislation

TC does not allow forced attraction to overtime. However, legislation provides for a number of cases when the employer has the right to delay its employees. They are fixed in 2 pieces of article 99 TC. According to the norm, work in overtime is allowed at:

There is no need to complete the work operation, the end of which was not possible due to an unforeseen delay during the shift. Overtime work In this case, it is justified if its failure may result in the damage or death of property (including those belonging to third parties, but at the responsible storage of the employer), municipal or state property, creating a threat to health or the life of the population.
Carrying out the repair or restoration of mechanisms, structures, if their malfunction can lead to the termination of the work of most of the staff of the enterprise.
Without appearance of a replacing employee to continue work, the interrupt is unacceptable. In such cases, the employer must promptly take measures to replace the working citizen to other employees.

In all cases, the employer must receive consent to overtime from employees. It is necessary to take into account the opinion of the trade union.

Exceptional cases

In 3 parts 99 of the Articles of the TC, the circumstances in which the attraction to overtime is allowed without obtaining consent from employees:

Performing measures necessary to prevent accidents, disasters, eliminate their consequences.
Conducting work aimed at eliminating unforeseen circumstances, due to which the normal functioning of the main (centralized) systems of gas, water, heat, power supply, communications, transport, transportation, is violated.
Implementation of measures caused by the introduction of military or emergency, urgent work in emergency conditions. It is, in particular, about flooding, fires, other natural disasters, as well as other cases in which life or health of the population is at risk.

TC provides 2 options for compensation to work employee above the established standards. The first method is increased payments.

Overtime work is paid for the first 2 hours - as a two-way size, and for the next - not less than double. Specific amounts of payments can be consolidated by a collective agreement, an internal regulatory act of the enterprise, an employment contract.

In TC, unfortunately, a single procedure for calculating the payment of overtime is not determined. Therefore, enterprises establish it independently, taking into account the specifics of activity. Some organizations calculate the cost of one hour of overtime on the basis of the size of earnings for a month in which its employee performed, and the number of hours provided for this employee, according to the manufacturing calendar. In other enterprises, calculus is carried out on the basis of the monthly salary and the average monthly number of hours.

As a result, when using a different procedure for calculating the payment of overtime, there may be completely different amounts. To avoid conflicts, it is advisable to consolidate the selected rules for calculating the internal regulatory act.

Summarized Time Accounting

When using it, it is often difficult to determine which works are overtime, and which are normalized. Accordingly, difficulties arise when calculating compensation. To solve emerging problems, recommendations should be guided by the recommendations on the application of the flexible working time regime in institutions, organizations, in enterprises of the national economic industries, approved in 1985.

In accordance with paragraph 5.5 of this regulatory act, when performing overtime, citizens translated into flexible labor regime, the hourly accounting of the work is carried out with a total regarding the established estimated period (month, week). Accordingly, only those hours that are extended above the norm provided for a particular period will be admitted.

Accordingly, overtime work for 2 hours will be paid in one-time size, and the subsequent clock above the norm is in double.

Practice applying rules

Based on the above information, the following calculations can be carried out. Suppose a citizen worked for 20 days of the reporting period of 43 hours overtime. Of these, 40 hours will be compensated in one-time size, and the remaining 3 are in double.

The rules enshrined in paragraph 5.5 of the recommendations were recognized by the faithful Armed Forces of the Russian Federation, despite the fact that the Ministry of Health brought several other explanations. So, in a letter from 2009, the department recommended that overtime work at the end of the reporting period. For example, if an employee has been worked out on the outside 19 hours, then 2 of them are paid in one and a half, and 17 - in double size.

By general rulesenshrined in working in non-working (including festive) day should be paid in double size. In practice, the question often arises - how to calculate the earnings of a citizen attracted to work in the weekend overtime? Explanations on this matter is present in the decision of the State Protection Dated 1966

According to the regulatory act, when calculating the clock, worked out overtime at the weekend or holiday, should not be taken into account because this labor activity And so paid in double size.

Additional days of rest

According to the provisions 152 of the TC, the employee may refuse cash compensation. Instead, an employee can take extra rest. Its duration should not be less than the time spent overtime.

Nuances

Special rules Act with respect to:

Employees, counterparties, subsidiaries FIFA.
Football Confederations and National Associations.
Organizing Committee "Russia-2018" and its subsidiaries.

If the activities of the employees of these organizations are related to the implementation sports events, overtime work is compensated by an additional rest. Its duration should not be less than the time spent over the norm set by the plans. Another order can be fixed exclusively in labor agreement.

Regarding the specified employees, the procedure provided for by 152 by Article TC is not applicable.

Who can work like that?

The legislation is enshrined the list of persons whose attraction to work is not allowed overly established norms. It is defined in 5 parts 99 of the TC. According to the norm, the employer is not entitled to involve overtime pregnant workers and minors. At the same time, the exception is athletes who have undergone 18 years, creative workers Media, cinematic organizations, video and television collectives, theater / concert institutions, circus, as well as other persons involved in the performance / creation of works. A complete list of relevant posts and professions is approved by the Government Resolution No. 252 of 2007.

Attracting for overtime labor of women with young (up to 3 years) dependents, people with disabilities are allowed only by their consent. It is given in writing. At the same time, these citizens must have a medical conclusion that overtime labor activity is not prohibited by him for health.

Women who have youngsters up to 3 years old, as well as disabled people have the right to refuse to work over the norm. This feature must be clarified by the employer under the painting.

Similar rules for attracting overtime are installed for:

Lonely parents raising children up to 5 years without a spouse.
Employees who are dependent in a disabled child.
Workers caring for sick relatives.

The consent of the employee

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

In the employment contract, this item cannot be fixed. Each time the need arises to attract a citizen to activities overtime, it is necessary to receive his written consent. Such a position is confirmed by judicial practice.

To obtain the consent, the employee is sent notice. It provides the reasons for which the need for overtime work has arisen. When notifying women with children under 3 years old, fathers / mothers raising a child without spouse / spouse, employees who have children with disabilities or those who are disabled, they must be informed about the possibility of refusal.

What if the employee did not agree?

If an employee refused overtime, the employer will have to be replaced. At the same time, legislation prohibits applying to an employee who has no consent, disciplinary sanctions. Otherwise, they will be illegal.

The indicated rules, however, do not act in cases when the consent of the employee to receive no need.

Participation of the trade union

Attracting 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 resolved by the norms of the TC. The rules for the participation of the trade union in resolving the issue are fixed by 372 Articles of the Code. Consider them.

Before taking an order to attract an employee to work overtime, the employer sends his project with a justification for the trade union. The elected body of this organization within five days is a motivated opinion and transmits it to the employer.

In case of disagreement of the trade union with the project project, the employer is directed to the proposal for its change. The employer, in turn, can agree with it or for a three-day period should be carried out with a trade union meeting to achieve consensus.

If there is no mutually acceptable solution, disagreements must be issued a protocol. After that, the employer has the right to publish an order to attract personnel to work overtime. This act can be challenged in the state inspectors of labor or in court.

The unified form of this document is absent. Therefore, the company needs to develop their own form, taking into account the requirements of legislation to such documents. The order must specify:

Fm.o and the position of the employee.
The reason for bringing to overtime work.
Date of commencement.
Information about the consent of the employee.

The worker gets acquainted with the order and signs.

The document can also be given the amount and procedure for payment of overtime labor if it is fixed by a local legal document.

The amount of payment can be established by the Agreement of the Parties.

In some cases, the employer publishes a separate order for the appointment of compensation for the work overtime. This may be due to the fact that its appearance was not defined before the start of processing.

additional information

Time spent overtime should be reflected in the table. To do this, the document provides for the code "with" or "04". Under this code indicates the number of recycled clocks and minutes.

If a timeless payment for the employee is installed, for each hour of the first 2 overtime clocks, 50% of the bet is added to the main wage, and for each subsequent - 100%.

If the payment is made, the time of processing, as well as the products issued within this period, should be paid under the general rules plus to this, the order set for a timeless mode of operation.

If overtime works are performed at night, payment is made and as for processing, and as for night work. The minimum surcharge for each non-normalized hour at night is 20% of the tariff or part of the salary.

Evidence of the performance of the work overtime can be an explanation of the employee given in writing. In addition, travel sheets with appropriate marks and other supporting documents can be provided.

Does additional rest be paid?

There is no unambiguous answer to this question. As established in 153 article TC, as compensation for work overtime, an employee can receive additional rest instead of elevated payment. However, the legislation does not have a ban on recreation days. Consequently, the employer has the right at its own discretion to issue an employee and monetary compensation.

Procedure for the provision of recreation

There is no clear rules in the legislation. However, in 39 points of the Sun Resolution of 2004, it clarifies that the unauthorized use of vacation days and rations is considered to be a break and can act as a basis for termination of the contract. In this case, the provisions of Art are subject to use. 81 TC.

It is not recognized by the use of unauthorized use of days of rest, if the employer in violation of the obligation established by the law refused an employee in their granting, and the time of their use from the discretion of the employer did not depend on the employer. Failure to submit an additional rest for overtime work is unlawful if the employee chose it as compensation.

Finally

Attracting an employee to overtime work is considered illegal if its consent will be absent. The exceptions are cases directly stipulated by law. In addition, under certain circumstances, it is necessary to request the opinion of the electoral body of the trade union. Equally important is the health status of the employee. The employee should not have contraindications.

In mandatory, the employee should be made compensation. It may be cash payments or additional holidays. Evasion of the employer from the fulfillment of this duty is illegally. An employer may provide material compensation and rest.

Updated 02/27/2020

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

What is the procedure for attracting overtime work? Stages of employer actions, samples of accompanying documentation. Who can and whom you can not attract overtime.

(click to open)

Overtime work - work performed by the employee at the initiative of the employer outside the working time established for the worker: daily work (shift), and with summarized accounting of working time - over a normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).

The procedure for attracting overtime work

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

First stage:

It is important for the employer to remember that he is obliged to notify some categories of workers about the right to refuse such work. All oral agreements with employees can lead to disputes. To avoid this, it is necessary to adhere to the position that all the agreements "Worker - Employer" are drawn up documented. Therefore, the employer must:

get the written consent of the employee;
make sure that there are no medical contraindications;
notify employees under the personal signature on the right to refuse to perform overtime.

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

name;
notification number and date of compilation;
FULL NAME AND POSITION OF THE INTRODUCED SPECIALIST;
the reasons for which the need for presence in the service overtime;
date when you need to work out "extra" clock (you can specify the time interval);
conditions - increased wages or compensation in the form of an additional rest, an employee.

Notice is signed by the head of the company. An employee can seal his will, putting a signature in the "Agree" or "I do not agree".

A sample of written consent to attract overtime work

Second phase:

The employer publishes an order to attract to overtime and should acquaint the employee with him. The unified form of such an order is not approved, so the employer is in free form. The order must specify:

the reason for attracting an employee to overtime work;
the start date of work;
surname, first name, patronymic of the employee;
his position and details of the document, in which the employee expressed consent to attracting such work.

A sample of an order of overtime work can be viewed.

If the collective contract or local regulatory act is set to surcharge, then given the amount to specify in the order. The amount may also be determined by the Agreement of the Parties. With the order of the employee, you need to familiarize yourself under the signature.

Attracting employees to 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. For this, the employer is obliged to provide accurate accounting for the duration of overtime work of each employee.

In the table of working time accounting, overtime work is noted by the letter "C" or "04" figures, and next to the number of hours spent over the norm. If the employees are under standard daily accounting of the spent time, in the days of overtime labor, it is recommended to reflect separately regulatory and excessive working time Two rows. And if a summable accounting of working hours is used, overtime are reflected at the end of the account.

What refers to overtime work

to prevent disasters, production accident, eliminate their consequences;
to eliminate the circumstances, due to which centralized systems of water, heat and gas supply, transport and communications;
in the case of an emergency or military situation and in other emergency cases, which threaten the population (fires, floods, etc.).

To attract to work on the specified grounds, the consent of the trade union organization is not required, since these circumstances are emergency.

If it is refusing to perform such work, an appropriate act is drawn up, and the employee is drawn to disciplinary responsibility.

With the written consent of the employee can be attracted to overtime in the following cases (Part 2 of Art. 99 of the Labor Code of the Russian Federation):

if necessary, perform (finish) started work, which due to an unforeseen delay in technical conditions Production could not be fulfilled (completed) during the working hours established for the worker, if the failure to fulfill this work may entail a damage or death of the employer's property to either create a threat to the life and health of people;
with temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause termination of work for many employees;
to continue work in the non-appearance of a replacing employee, if the work does not allow a break.

In other cases, attracting overtime 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 Art. 99 Tk RF, definition Supreme Court RF dated November 14, 2006 in case No. 4-B06-31).

Who can not be attracted to overtime work

It is not allowed to attract overtime:

pregnant women;
workers under the age of 18 (an exception is minors athletes, as well as creative media workers, cinematography organizations, television and video collectives, theaters, theater and concert organizations, circuses and other persons participating in the creation or performance of works (Art. 348.8 and 268 of the Labor Code of the Russian Federation);
the persons with whom a student agreement is concluded (Art. 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 who have children under three years old can be allowed to overtime with their written consent and, provided that overtime works are not prohibited by the state of health in accordance with the medical conclusion issued in the manner prescribed by federal laws and other regulatory legal acts. . A similar procedure is enshrined in relation to persons with disabilities. And those and others must be familiar with the receipt with their right to refuse overtime.

Payment of overtime

The procedure for payment of overtime hours of work is regulated by Article 152 of the Labor Code of the Russian Federation. Unlike previously operating the rules for the payment of hours worked in the excess of the norm. It is envisaged to the employer to approve the specific amounts of payment for overtime work in labor or collective Agreementbut not lower than the fixed art. 152 TK RF, where the minimum threshold of payment for excess work hours is defined.

Overtime work is paid in an increased amount. For the first two hours of operation in one-time size, for the following hours - in 2x fold. This is the minimum threshold provided for by the Labor Code, below which it is impossible to pay, but above - it is possible. Create this kind of provision in the collective agreement, the situation on the payment of labor and other regulatory acts on the enterprise.

In addition to high pay overtime hours, as an alternative, it may be provided for the provision of additional hours of recreation in the amount of no less spent over the norm. An employee's written consent should be obtained for such a substitution, and the use of such compensation should be coordinated by both parties. At the same time, the Labor Code does not define the maximum duration of the holiday time provided in compensation for spent overtime. More specifically, this can be spelled out in a collective or employment contract or other local acts of the organization. Specialists in the area labor law Recommend the type of compensation of spent overtime to prescribe directly in the written consent of the employee for overtime. If this is an extra watch watch, then it is also recommended to register their number.

Payment for overtime under summarized accounting

To understand this issue, it should be followed by paragraph 5.5 of the recommendations on the use of flexible working time modes at enterprises, in institutions and organizations of the sectors of the national economy, approved by the State Protection Protection of the USSR No. 162, VSSPS No. 12-55 of 05/30/1985. These recommendations operate in a part not contrary to the Labor Code of the Russian Federation (

T ore schedule of any organization determines specific number Watches that should be worked out on every employee's day. However, often employees are delayed at the workplace at the request of the employer. Such cases are interpreted as overtime, which, according to labor law, must be paid.

But not all employers are in a hurry to fulfill their duties and provide employees earned funds. Therefore, it is important to understand how the amount of compensation is determined for work outside the schedule, and as in general, the procedure is executed.

Cases when a professional process for some reason requires delays in the workplace, it happens quite often. Typically, the initiator of the above-mentioned norm is the employer itself.

It is in such circumstances that the formulation of "overtime work" is applied, which the Labor Code of the Russian Federation treats how the occupation initiated by the employer professional activities Outside the duration of fixed time.

The latter framework sets the corresponding work schedule for employees. When counting the amounts of developed hours in this case, excess of those per recorded period is detected.

Individual cases

So, with recycling on the usual day everything is clear. If a person is delayed at work to fulfill certain labor obligations at the request of the employer, this situation is work in excess of the norm.

For example, a woman occupies an accountant and her work day according to the schedule, begins at 8.00 and ends at 18.00 with a break on a clock lunch. However, the head asks her to linger until 21.00, for example, on Wednesday, to complete the report. Here, the period of overtime will be 3 hours - from 18.00 to 21.00.

Other options are the preparation of urgent order, assistance in eliminating technical problems, for example, for system administrators, when the entire workflow can stand up, because the error and other options are crushed into the system.

For example, a specialist of locksmith completed the labor week, however, on Saturday it was summoned to eliminate the accident. The activity took the period from 12.00 to 19.00. In this case, the employee's entry is recognized as a 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 a night at the same time. It is worth clarifying that such work implies activities from 22.00 to 6.00.

For example, a person works by a pedestal dish from 18.00 to 23.00. The head asks him to stay to 2 o'clock in the morning. In this case, payment is carried out as follows:

from 6 to 10 pm as for ordinary work on schedule;
from 10 to 11 pm how to work at night

But from 11 pm and up to 2 nights, the compensation of the clock is calculated as for the night and overtime work at the same time.

Overtime work often acts as a necessity and is initiated by the employer. This is allowed in a legitimate manner, while it is important to remember that the design must be appropriate - before working, an order is published, and an employee expresses written consent to recycling (with the exception of some situations).

Total votes: 5

Overtime work - work performed by the employee at the initiative of the employer outside the working time established for the worker's duration: daily work (shift), and with a summary accounting of working time - over a normal number of working hours for the accounting period.

Attraction by the employer of the employee to overtime work is allowed from his written consent in the following cases:

1) if necessary, perform (complete) the work launched, which due to an unforeseen delay on the technical conditions of production could not be fulfilled (completed) during the work time worker, if the failure (incomplementation) of this work may entail damage or death Employer (including the property of third parties at the employer, if the employer is responsible for the safety of this property), state or municipal property or to create a threat to the life and health of people;

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

3) To continue work in the non-showing of the replacing employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the replacement by another employee.

Attracting the employer of the employee to overtime work without its consent is allowed in the following cases:

1) in the production of work necessary to prevent disasters, a production accident or eliminating the consequences of a disaster, an industrial accident or a natural disaster;

2) in the production of socially necessary work on the elimination of unforeseen circumstances, violating the normal functioning centralized Systems hot water supply, cold water supply and (or) drainage, gas supply systems, heat supply, lighting, transport, communications;

3) in the work of work, the need for which is due to the introduction of emergency or military situation, as well as urgent work in conditions of emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquake, epidemic or epizooty) and in other cases, Constant life or normal life conditions of the entire population or its part.

In other cases, attracting overtime 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 attract pregnant women to the overtime work, workers under the age of eighteen years, other categories of workers in accordance with this Code and other federal laws. Attracting the overtime work of persons with disabilities, women who have children under three years old, allowed only with their written consent and, provided that this is not prohibited by the state of health in accordance with the medical conclusion issued in the manner prescribed by federal laws and other regulatory Legal acts Russian Federation. At the same time, people with disabilities, women who have children under the age of three should be entrusted with their right to refuse overtime.

The law permits the law to attract it only in special cases, and almost always the employer must enlist them to recycle. The procedure for attracting overtime should be strictly observed in order not to have problems with controlling and law enforcement agencies.

Work in overtime: What you need to know the employer

The basic requirements that must be observed by attracting subordinates to overtime work are set out in the Labor Code. In particular, the 152nd article of the TK RF clarifies how overtime work should be compensated, and in the 99th article lists situations when it is permissible. In the 99th article, as well as in individual articles of the TC RF, are the categories of employees who are forbidden to work overtime.

Overtime work and their limitations

The boundaries established by the law relate to not only the definitions who cannot work above the norm, but also the procedures for attracting workers to the "overtural". It is not allowed to:

pregnant employees minors workers (99th article of the TK RF);
persons decorated by a student agreement (203rd Article TC RF);
employees with medical contraindications (for example, so far, the current decree of the USSR SCSP No. 15 dated 05.01.1943 does not allow overtime to work with the open form of tuberculosis).

Attracting the overtime work of other employees in most cases is possible only in the presence of their written consent. It is not required only in some situations, namely (99th Art. Tk RF):

if the employee's actions should prevent a possible catastrophe, an industrial accident, etc.;
if the need for work is dictated by emergency circumstances (for example, the introduction of a military situation or a natural disaster);
if you need to establish (provide) the functioning of centralized systems - heating, water supply, etc.

Attracting an employee to overtime work is allowed to take into account the opinion of the trade union, if its cell is in the enterprise (which, however, is very rare today).

Overtime work for disabled, women with children up to 3 years old, admissible only with their written consent, if this is not prohibited by him for health (in accordance with medical conclusion), and they should be obtained under the painting to familiarize themselves with their right to refuse overtime.

Professional restrictions

For representatives of some professions there are additional restrictions. So, the duration of overtime works of drivers should not exceed 4 hours - for two days in a row. And a year, the number of revised hours should not exceed 120. This rule was established by the Order of the Ministry of Transport of the Russian Federation No. 15 of 20.08.2004. It fully complies with the 99th article Labor Codedefining what is the maximum duration of overtime works. This rate is obliged to observe any employer.

However, another document ("Sanitary Rules on Cars Driver Hygiene" dated 05/05/1988, p.5.3) does not allow overtime to drivers:

driving experience in which less than 3 years;
older than 55 years;
long and often ill throughout the year - at least 3 times, one of which lasted more than 30 days;
admitted to work in the form of an exception (medical examination).

What is the duration of overtime work for each employee who occupies a certain position can be established not only by a departmental order, but also local act Organizations, for example, relevant position. The main thing that the requirements mentioned above is: the maximum duration of overtime should not exceed the norms recorded in the 99th article of the TC.

Someone professional belonging gives the right to a shorter working day. In particular, it is installed for doctors and teachers with articles 333, 350 TC. In this case, overtime is recognized by work outside the abbreviated shift.

Accounting "overtime"

Since overtime work should not exceed a certain amount of hours per year, the employer is obliged to conduct a strict count, how much time each employee worked over the norm. Information are recorded in the working time accounting tab.

Overtime work with summarized accounting of working time is considered to be such if the number of hours exceeds the norm over a certain time. Meaning the situation when a separate shift may be less than or more than a regular working day, but these "deviations" are balanced within the selected account period - month, quarter, year (104th article TK).

How compensated for overtime work

Overtime work, for no reason he has not needed, is paid to employees additionally. The order of his payment was determined by the 152th article of the TC, from which it follows that the first two hours of processing are compensated by a subordinate one-time size, and beyond them - already in double. And this is the minimum surcharges of surcharge, which the employer has the right to enlarge.

The same article TC reports whether overtime work is compensated by an additional rest. This is possible at the request of the employee himself. In this case, his rest time should be no less than processing time.

The beginning and end of the working day is provided, according to the 100th article of the TC, rules internal regulations. And it is important to note that overtime work is always entrusted to the employee by order (ordered) of the leadership. If subordinate to own initiative It is delayed in the workplace, the "overtural" is not recycling, and the compensation of the employee does not value the law.

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