Sometimes the employees of almost any company have to stay at work after the end of the working day or change of reason for this can be very different. Most often, such situations arise in connection with equipment breakdowns, accidents, the preparation of various types of reports, the implementation of the established plan and other things. Delays of this kind are defined as overtime work, which, in turn, is regulated by the Labor Code of the Russian Federation. In the article we will analyze what works are considered overtime and other nuances.
What is overtime work
This type of work under the law includes the employee's performance of direct duties corresponding to his job description after the completion of a shift or a day.
In this case, the activity should be carried out on the instructions of the authorities, otherwise the activity may not be considered as overtime, and accordingly may not be paid.
In addition, actions are not overtime if an irregular work schedule is specified in the labor agreement of the worker.
Differences between overtime and irregular schedules
Very often, many are interested in the question of what kind of work is considered overtime. We indicate two possible answers:
- Work performed after the end of the shift, the duration of which is specified in the labor agreement.
- Overtime work with irregular schedule.
How do these situations differ? If an employee has an irregular working day in the employee’s employment contract, then he cannot have overtime work. By and large, irregular working hours and overtime work are one and the same thing, the difference is in registration and payment. The terms of the irregular schedule are certainly fixed in the employment contract when applying for a job. For processing in this case, the employee is entitled to additional holidays, and also in agreement with the management, increased wages. Such a schedule is established by certain employees and is certainly reflected in the local acts of the company. Labor activity according to an irregular schedule has no regulatory restrictions, but the Labor Code stipulates that it should not be of a regular nature, but should be carried out only when necessary. There are no other restrictions.
Overtime hours, in turn, cannot exceed certain standards for each employee, this is prescribed in the Labor Code of the Russian Federation.
So, if now you come across the question, what kind of work is considered overtime, indicate two possible answers, then you can safely answer it. Be careful!
What relates to overtime
The moment of completion of ordinary activities and the beginning of overtime depends on what kind of labor time accounting system is maintained at the enterprise:
- Not sure which work is considered overtime? If summarized time recording is introduced at the enterprise, then overtime activity starts from the moment when the standard shift is over, for example, with a shift duration of 10 hours, processing starts from 11 hours.
- If the length of the working day is 7 hours, and the records are kept in days, then overtime work starts from 8 hours.
- If the enterprise does not determine the duration of one shift, and only the monthly limit for recording labor time, for example, 160 hours, is defined, then overtime is considered the time from 161 hours.
Not sure which work is considered overtime? It is worth noting that not all activities that exceed the time fixed by the labor agreement will be overtime. Does not belong to her:
- Work carried out by an employee with a part-time day within the limits of a specified working day of the employer.
- Overtime work that was offset by vacation.
- Part-time work.
- Activities carried out during the vacation period without pay.
The legislative framework
All issues related to what work is considered overtime for employees, as well as the calculation for it, are regulated by Article 99 of the Labor Code of the Russian Federation. In addition, additional information is contained in articles numbered 152, 152, and 203.
How to pay overtime
Activities in excess of the accepted norm are paid in a larger amount than that carried out in accordance with the standards.
- The first two hours above the norm are paid in one and a half volume.
- Further - at a double rate.
These are the minimum standards defined by the Legislation, however, the employer, by his decision or on the basis of an employment agreement, may increase the payment.
Let us examine the question of what works are considered overtime and the rules for their payment. For example, an employee of a company where summarized accounting of labor time with monthly payments is applied, in one of the months worked for 18 days more by 38 hours. These hours should be paid to him as follows:
- The first 36 hours are paid in one and a half volume (18 days multiplied by 2).
- The remaining hours at a double rate.
When summing up time, it does not matter how many hours he worked overtime on each day.
In shift accounting of labor time at the enterprise, processing is calculated separately for each shift.
- The first two hours of work are paid in one and a half volume.
- Further remuneration is paid in double size.
How the accruals are made - for the amount of the salary or for the average salary The legislation is not clearly established. This is what the law says:
To calculate compensation for employees receiving monthly wages, the hourly rate is applied. To calculate this amount, it is necessary to divide the employee's salary by the average number of working hours per month. For example, an employee works 40 hours a week, his salary is 35 thousand rubles. The average number of work hours in a month is 164.5 (1974 hours a year divided by 12), and the work hour is 212.77 (the salary amount is divided by the average number of work hours).
It is these data that are taken in calculating compensation to employees engaged in labor activities at the tariff rate.
In piecework, piecework rates are taken to calculate compensation.
For overtime work on holidays, payment is charged in another way - according to the holiday standards defined by the Labor Code of the Russian Federation, that is, at a double rate.
Is it possible to get an extra day off for overtime work
Of course, compensation for work in excess of the approved norm can be not only a monetary reward. An employee of his own free will may prefer material compensation for additional time for rest. He has the right to rest as many hours as he worked overtime.
In this case, the payment for additional work will be made in a one-time amount, taking into account all the additional vacation payments that are provided for at the enterprise.
What kind of processing is permissible under the Labor Code
Consider the question, what kind of work is considered overtime, what is their duration? Duration of work in excess of a certain norm is clearly defined by law. An employee cannot be involved in such work for more than four hours two days in a row. In addition, the amount of overtime cannot be higher than 120 per year.To comply with this requirement, the employer is required to keep a differentiated record of labor time for each employee, highlighting overtime work.
Who should not be involved in overtime work
The Labor Code clearly states that there are categories of employees who have the right not to participate in overtime work, these include:
- Persons under the age of 18.
- Pregnant women.
- Persons undergoing training.
- Disabled people.
- Women who have children under three years old.
- Workers, regardless of gender, raising a child alone whose age is less than 5 years.
- Persons caring for a sick family member (fact must be confirmed by a medical certificate).
- Parents of a disabled child.
The employer is obliged to warn such an employee about the right not to be involved in overtime work (which work is considered overtime for employees, you already know) even during the hiring process, with an appropriate signature in the documentation. Involving pregnant women and children under 18 years of age beyond the established norm is completely unacceptable. An exception may be made for the rest if they provide the following documents:
- Employee’s written consent for overtime.
- A medical certificate confirming that additional work will not harm the health of the employee.
Do overtime work require written consent
We will answer the following question, indicate which work is considered overtime and the employee’s rules of conduct, that is, in what cases can he be involved in them without consent? Workers are involved in overtime activities without written consent only in emergency situations, which include:
- Activities for the prevention of accidents and disasters / actions to eliminate their consequences.
- Work on the elimination of factors that impede the normal functioning of municipal water supply systems, gas supply, heat supply, sewage, communications, lighting.
- Emergencies / likelihood of occurrence / work on emergency response (floods, fires, famines, earthquakes, etc.).
- Situations that threaten the life and health of people.
In what cases overtime is not possible without written consent
You know what work is considered overtime, read on the rules for attracting to it. In most cases, it is impossible to involve an employee in additional work without his written consent. In what cases will employee consent be required?
- The need to complete urgent work, that is, one that was not completed on time, and only a certain employee can continue execution.
- The need to carry out installation, commissioning or restoration of the structure or mechanisms, while damage or downtime will lead to interruption of the activities of a large number of people.
- The absence of a changer at work, while the specificity of work does not allow its interruption. In this situation, the employer must take immediate measures to find another employee for a shift.
- The employee is disabled or the mother of a young child under three years old.
Features of the work of persons under the age of 18
When hiring minors, the following rules must be observed:
- The Labor Code prohibits the involvement of citizens under the age of majority in work at night, from 10 pm to 6 am, including on duty.
- What jobs are considered overtime for workers under 16? All activities carried out after the norms established for adolescents are prohibited. Adolescents from 15 to 16 years can work in shifts of 5 hours per five-day work week, from 16 to 18 years - 7 hours a day.
- What jobs are considered overtime for workers up to 16 years of age with a six-day work week? In these conditions, work in excess of the norm begins for adolescents 15-16 after four hours of employment, from 16 to 18 after 6 hours.
- If an organization works under collective agreements where the duration of a shift is shorter than the above norms, then what kind of work is considered overtime up to 16 years in this case? Such are the works performed by adolescents in excess of the daily standard for them introduced at this enterprise.
- Article 177 of the Labor Code prohibits the employment of persons under 18 years of age on weekends, which, according to the conditions of the enterprise, may differ from calendar Saturdays and Sundays. For this reason, the ban does not apply to weekends of the week on the calendar, but to days that are shift days, that is, free from work. But at the same time, the law does not prohibit the involvement of adolescents in work on holidays, in the event that all conditions are met, including on wages.
Is duty on overtime
Definitely not. The most common way for an employer to evade legal actions when working in excess of the established norm is to attract his employees to the so-called duty.
Under different types of duty is used in government agencies, energy enterprises, housing and communal services and other organizations. An employee during duty, as a rule, is forced to perform work not prescribed in his job description and employment contract, for example, to play the role of a security guard, dispatcher or secretary.
Overtime Design Principle
What works are considered overtime, are you familiar with, consider how they are processed? To comply with the rules for processing overtime work, it is necessary to issue an appropriate order, and for each work separately. This document cannot be prepared in advance and for a long period of time. The order should contain the following information:
- The basis for overtime work.
- Its duration.
- List of employees who will be involved in overtime activities.
Employer Responsibility
After reading the article, you can easily indicate 2 answer options, which works are considered overtime at the enterprise. In the meantime, in order to save money, company management may resort to fraud and attempt to conceal the time of overtime or attract categories of employees who should not remain at work under the Legislation.
In addition, quite often there are cases when the employer announces the employee’s work according to an irregular schedule, but it is important to remember that this item should be spelled out in the employment contract.
An employer for violations of the procedure for attracting overtime work may be held liable, and in some cases, administrative responsibility. It is worth remembering to both parties to the labor agreement.