Often, the employee’s labor activity does not fit into his working day. There is a need to stay for a while, which will then be paid in an increased amount. Not every employee knows how the processing according to the Labor Code is paid and what rights he has in this situation. The article will examine in detail all the nuances of overtime work.
What is recycling?
According to the Labor Code, there is working time during which employees fulfill their prescribed duties. The legislation establishes its standards, which must be observed by employers. The most common measure of working time is a week or shift. At the same time, the employee’s weekly employment should not exceed 40 hours, and the number of days can be 5 or 6. For the shift, the maximum number of hours is set equal to 12. Payment for processing is mandatory, based on the number of hours and the rate.
What is processing and overtime? From the word itself it is easy to understand that it is performed beyond the time allotted for the working day. According to Art. 99 of the Labor Code of the Russian Federation, this concept is defined as work performed by an employee on the initiative of his superiors when the time of the working day or shift has already ended. In fact, this is an excess of the limit allotted for the performance of labor duties. It is important to remember that when summing up, overtime is considered to be hours that exceed the working hours established by the contract and the law.
Types of Processing
Various situations arise, due to which the working hours in the specified period are exceeded. For example, in each month the number of working days may vary slightly. In this regard, there are small processing or flaws. Depending on the conditions specified in the contract, the situation is solved by reducing (increasing) working time by providing additional rest and paying time in a general manner. Such minor discrepancies in the duration of labor due to the different number of calendar working days are resolved quite simply and are not related to overtime.
There are frequent cases when an employee combines several duties at once in one enterprise. In fact, at the workplace he is longer than his colleagues, but the payment is regulated by the contract and usually is not processing, unless, of course, they are respected. labor standards.
Overtime work is the time that is not included in the labor duties and work week (accounting period) of the employee. This is entirely the initiative of the employer, which, in addition, may be rejected. In some cases, written consent for such processing is even required.
Time tracking
Legislation forces employers to carefully ensure that the working hours for the accounting period are not exceeded. For these purposes, there is such a thing as cumulative working time. Sometimes this is the only method of rationing labor. The duration of the period under review may be from one month to a year. For workers employed in hazardous work - no more than 3 months. The normal number of hours is calculated based on the established weekly limits, according to the category of employee. For example, duration work week minors or disabled less.
Even if the employee's working conditions make it possible to regulate his daily or weekly length of time, a total record should be kept. This also applies to processing. The employer is obliged to ensure that accurate data on time worked overtime is recorded for each employee.
Overtime time frame
Fulfillment of additional obligations outside working hours has limits in the form of the maximum duration of overtime work. The employer has the right to detain the employee for some time (exactly, we will consider later), but not more than 4 hours. However, this may not happen every day. The four-hour limit is set for two days. It turns out that the employee can work overtime only this amount of time. Consider the legality of the employer's actions as an example:
- processing on Wednesday and Thursday for 2 hours is legal, but on Friday the normal working hours should be observed;
- Wednesday + 4 hours after the end of the working day, Thursday - the usual schedule, on Friday the employee can be again involved in overtime work;
- processing on Tuesday 2 hours and on Wednesday 3 hours will already be illegal, you should reduce the time on one of the days by at least an hour or provide one working day between the indicated weekdays according to the usual schedule.
Of course, 4 hours in 2 business days is not the only limitation. Otherwise, many would have successfully used it. unscrupulous employers. Within one year, the total number of overtime hours must not exceed 120, or there is a violation of the law.
What is considered overtime?
Defining clear boundaries for the concept of what kind of work can be considered overtime is just as important as the time it takes to complete it. Processing can be assigned only for a limited list of reasons, among which:
- the need to carry out (completion) the work that has been delayed due to technical reasons if failure to do so will result in property damage or loss;
- temporary repairs and restoration of equipment or other material assets of the enterprise, the malfunction of which will lead to the termination of work of most employees;
- failure to appear in case of continuous work;
- elimination of consequences of emergency, accidents, catastrophes;
- the need to carry out socially important work to eliminate unforeseen violations (restoration of heat supply, lighting, gas supply, etc.);
- work caused by the imposition of martial law or state of emergency.
As can be seen from the list, the appointment of overtime work is carried out only in emergency cases. This is not an ordinary action. It must be remembered that this is a necessity, not an everyday rule.
When is employee consent needed?
Processing of working time is allowed in exceptional cases and may even be rejected by an employee. In which case can you safely refuse the proposed overtime work? If, among other things, all the conditions for the purpose of processing are met, the employee provides written consent in the following cases:
- it is necessary to finish the work that has begun, which for technical reasons has not been completed (carried out), provided that failure to do so will result in losses to the enterprise;
- lack of a replacement worker;
- repair and restoration of equipment and other property affecting the work of other employees.
An employee who has not given his consent cannot be involved in such work. If approval is received, the employee has the full right to compensation for the time spent. How is the labor code paid in this case? It is recognized as overtime hours, and the calculation is made according to the rules for their payment.
Who cannot be involved in overtime work?
Overtime pay attracts many because it allows you to earn extra money.There are many specialists who like to work more than the established time, if it is legal. However, a list has been established according to which, in principle, it is impossible to leave some social groups of the population after work. It:
- pregnant women;
- minors.
People with disabilities, women with children under three years of age, also have immunity. Written consent is required from them, regardless of the reason for the need for processing. It is worth noting that hourly processing may not be applicable in other cases that are prescribed in the Federal Law or the Labor Code of the Russian Federation.
Payment order
The payment for processing, as well as its purpose, is regulated by the Labor Code of the Russian Federation. To accrue to the employee the amount for the additional hours worked, you should know the hourly rate. It can be known initially (when payroll is calculated based on the actual hours worked) or calculated on the basis of the size of the official salary. In the second case, the fixed salary should be divided by the number of working days of the period. The contract may also establish an average hourly rate of processing.
Overtime is paid with a multiplying factor of 1.5 for the first 2 hours of work and 2 for the next hours. These are the minimum indicators. The employer has the right to increase them, but not reduce them. How is the labor code paid for? By calculating the total number of processed hours and multiplying them by an increased hourly rate (cht). If an employee worked an additional 8 hours during the accounting period, then, regardless of their distribution by days, payment will be made according to the scheme: 2 × 1.5 × Thu + 6 × 2 × Thu. The employee also has the right to receive, instead of calculation, the provision of additional rest, but not less than the time that was worked out. Payment is due at the end of the accounting period.
“How is the Labor Code paid for processing?” Is a question that every employee should know the answer to. Often, the employer violates the law. Possession of information on labor rights will help protect your interests and receive payment due for processing.
