At a certain stage in the formation of society, the concept of "overtime work" arose. Its appearance is caused by two other social phenomena - hired activities and normal working hours. Next, we will analyze what constitute overtime work and their payment. 
General information
Overtime work, the payment of which is carried out in a special way, is primarily associated with the emergence of hired activities. Accordingly, hired people appeared. Along with this, the concept of "normal working hours" arose. The latter phenomenon is always associated with the complex struggle of hired people and employers for their interests.
For the worker, the norm of the working day, on the one hand, should provide an opportunity to develop and maintain their professional abilities, to prevent premature wear of the body. On the other hand, it should allow receiving enough money to satisfy social needs, both of its own and of the family in which it lives. For the employer, the norm of labor time should provide such an organization of production activity that would allow to bring to the market a volume of products sufficient to compensate for the costs of its manufacture and generate income on invested capital.
Main problems
According to Art. 91 TC, the duration of working hours can not be more than 40 hours per week. The employer may not always comply with the standards in his activities. For example, an enterprise may experience an unexpected accident, a process failure, a power outage, and other circumstances. All this leads to a loss of labor time, a decrease in the volume of production and product quality, and other negative phenomena.
In addition, it may be necessary to fulfill a profitable or urgent order. In order to partially or fully compensate for losses, the employer is forced to resort to an increase in the volume of working time. In some cases, the production process is of such a nature that it simply cannot occur within the normal duration. In this regard, it requires the use of specific forms of organization of activity. 
Legal aspect
As international practice shows, in certain circumstances, overtime work takes place in society. Its payment is carried out according to the standards adopted in the country. In Russia, this procedure is regulated by law. In particular, Art. 97 of the Labor Code states that the employer has the right to engage an employee in activities outside the normal working day in the prescribed manner.
Duration standards are determined by the Code itself, other laws of federal significance and other regulatory acts, a collective agreement, agreements, and local documents. The norm of the length of the day is fixed in the labor contract. An employee may be involved in additional activities if he or she has an irregular day or has overtime work. Payment in these cases is different.
Definition
Art. 99, part 1 of the Labor Code states that overtime work is an activity carried out by an employee on the initiative of the employer outside the daily shift.When summing up time, this is activity in excess of the normal number of hours during a specific period. One of the important characteristics follows from the context. It is, in particular, that overtime work acts as a necessary measure. It is caused by violations of the normal course of the production process.
Types of Personnel Attraction
They are classified based on the reasons for the need for overtime work. There are 3 types of employee involvement:
- With their written consent.
- Without their approval.
- With their written consent, given the opinion of the elected body. The latter is represented by the primary union.
Written agreement
The law establishes the following cases in which involvement of this type is allowed:
- In the case when it is necessary to complete (carry out) the work begun, which, due to an unforeseen delay under the technical conditions of production, could not be completed (completed) during the normal shift duration set for the employee, if its incompleteness could lead to damage to the property of the employer (including owned by third parties, but being in production, if the employer is responsible for its safety), municipal, state property or create a threat to human health and life.
- When carrying out activities related to the repair and restoration of mechanisms or structures when malfunctions can cause production to stop.
- To continue work in case of failure to appear, if she does not allow a break. In such cases, the employer must find an employee to replace.
Attraction without consent
The law defines the following conditions under which it is possible:
- To prevent an industrial accident or disaster and / or eliminate their consequences.
- In carrying out socially important activities to combat unforeseen circumstances that violate the stable functioning of communication systems, transport, sewage, heating, gas and water supply.
- In the production of work that is necessary when a martial law or state of emergency is introduced, as well as emergency actions in emergency situations In this case, we are talking about disasters - fires, famines, floods, epidemics, earthquakes, or their threat.
Written consent, taking into account the opinion of the competent authority
This type of attraction is possible in other cases not listed in parts 2 and 3 of Art. 99. The Code does not specify a specific list of these situations. As world practice shows, they resort to overtime due to adverse weather and various force majeure circumstances.
In particular, it refers to factors that provoked serious disruptions in the production process and the loss of time in connection with its suspension. A situation is not considered a violation of the law when the employer, with the written consent of the employees, taking into account the opinion of the elected body of the trade union, organizes, for example, the execution of a very profitable and urgent order in overtime.
Duration restrictions
In Art. 99 it was established that the duration of overtime work should be no more than 120 hours / year and 4 hours for 2 consecutive days for each employee. Such restrictive practices apply in many countries. This limit can be annual, monthly, weekly or daily. In Russia, in some cases, a combination of these maxima is used. In a number of countries, overtime is not limited by law. For example, this is characteristic of the USA and Denmark. And in Japan, the duration has no restrictions for adult men.
Category Limits
The restriction is set not only by duration. Part 5 of Art. 99 does not allow recruiting overtime:
- Pregnant women.
- Employees under 18 years old. There are, however, exceptions to this clause.In particular, this provision of Part 5 does not apply to creative workers of the media, cinematographic organizations, television and video associations, concert and theater groups, circuses and other persons who participate in the creation or performance of works, as well as professional athletes according to the lists of professions, positions , types of activities approved by the Government, taking into account the views of the tripartite Russian Commission for the Regulation of Social and Labor Relations.
- Other persons in accordance with the Labor Code (for example, during the term of the student agreement).
Special categories
According to Art. 264, 259 and 99, the following persons may be involved in overtime work:
- disabled people;
- fathers and mothers who single-handedly raise children under the age of five;
- women with dependents under three years of age;
- guardians of children under the age of five;
- caregivers for sick relatives;
- workers with dependent children with disabilities.
In this case, their written consent, as well as the absence of medical contraindications in accordance with the opinion issued in the manner determined by the Federal Law or other regulatory acts, are mandatory conditions. Employees of these categories should be familiarized with the right to abandon activities outside the shift.
Overtime: Pay (General)
From the above features - compulsion, emergency, and not in all cases of voluntary reduction of employees' free time - a specific approach to determining the amount due to personnel for activities outside the shift proceeds. How is payment made? Overtime work (the Labor Code of the Russian Federation contains sufficiently clear instructions on this issue) is compensated to employees in an increased amount. The amount consists of two parts. One payment is for regular work, and the second is for overtime work. The Labor Code of the Russian Federation establishes compulsory compensation for the reduction of human free time. Accounting is done by the hour.
Overtime Work: Labor Code. Payment
How does a person receive his compensation? The accounting process is governed by Article 152. Overtime pay is based on the number of hours. So, for the first 2 hours, a fee of 1.5 times as much as usual is expected. Over the next hours, double payment for overtime work is charged. The specific amount of the amount may be determined in a contract between employees and the employer, a local act or collective agreements. At the request of a specialist, payment for overtime and night work can be compensated by providing additional rest. His time should not be less than the number of hours spent on activities outside the shift.
Thus, the legislator has provided two options for compensation, how payment is made (overtime, the Labor Code of the Russian Federation - the legal basis of these forms). They are consistent with international practice. The first is increased overtime pay, the second is extra rest. Moreover, the employee has the right to choose any of the forms. If he does not wish to take extra rest, then he will be charged for overtime work. The sizes established by law are considered the minimum (basic) guarantees of the state. A contract or collective agreement, as well as a local act, may establish a different payment procedure for overtime work. However, it should not be contrary to law. In practice, many tenants set a double size from the first hour of overtime.
Important point
The labor code contains regulations prohibiting certain types of overtime work. The same restrictions are contained in other regulations. So, it is forbidden to conduct overtime work with vibro-hazardous, pneumatic tools, chainsaws and other complex technical equipment.
Accrual system
When determining the amount for work in an employment contract, collective agreement or local act, overtime should clearly and precisely state what will be included in it. So, there are, for example, "harmful" production. If the activity outside the shift is carried out in such conditions, despite the fact that in ordinary time the employee receives more than other employees at the “harmless” enterprise, overtime work is also paid on the basis of these conditions. 
Often, it is necessary to involve in the activity outside the shift not one person, but a team. If its manager has been paid an extra charge for management at the usual time, then these conditions apply to overtime. That is, he must receive an amount increased by a specified amount. If an employee performing activities outside the shift ceases to perform certain tasks that are prescribed to him at normal times, then they should not be paid.
Examples
The employee in the main time combines posts. Accordingly, he receives a surcharge for this. If combination of posts is not required for carrying out activities outside the shift, the conditions for receiving increased compensation do not apply to combination. When determining the amount of compensation in the documentation, it is necessary to establish how the calculation of overtime payment will be carried out if the employee already receives more during the main time. For example, there is a multi-shift mode. The employee must complete the activity at 20 hours. But his successor did not come out. The employee confirms his consent to work overtime until a replacement is found, but no longer than 4 hours. What can he claim in this case? Remuneration for overtime may be as follows:
- Increased size for 4 hours outside the shift. At the same time, from 20 to 22 hours - the rate is 1.5, and from 22 to 24 - 2.
- At least 40% for night time activity over 2 hours of work.
- For the first 2 hours - 20% for the performance of duties in the evening outside the shift (if this condition is provided by the employer).
World practice
Acts of the International Labor Organization stipulate that overtime work is paid at a rate greater than in normal time by 25%. As mentioned above, compensation can be an additional rest. So, the system of time off is used in Luxembourg, Switzerland, Denmark, the Netherlands, Belgium, Italy, Germany, France. In these states, it is provided for by law or by collective agreement. In some countries, overtime work is paid at regular rates. This refers to states with specific systems that imply an obligation to conduct activities outside the shift to compensate for the loss of regular time caused by force majeure, natural disasters, strikes and other circumstances. In a number of countries, overtime work is generally prohibited at night. The exception is special, duly justified cases with the consent of the Ministry of Labor. Such a state, for example, is Spain.
Holidays and weekends
AT Art. 153 It is established that payment in these periods is doubled. But activity can be conducted both within and outside the shift. The procedure for payment on weekends and holidays is established by the decree of the Presidium of the All-Union Central Council of Trade Unions and the State Committee for Labor of the USSR of 1966. It also approved clarification on compensation issues. So, in paragraph 4 it is said that when counting hours on weekends and holidays, overtime work should not be taken into account, because it is already paid at a double rate. By decision of the Supreme Court, this provision is considered not contrary to law.
Tariff-free system
In this case, a certain procedure should be established for paying overtime work. You can consider the case when the accrual takes into account the actual time. In this situation, two options are acceptable.The first is that overtime activities are translated into conventional hours of basic work. Thus, they increase the total fund of time. It is taken into account in the process of distributing wages to employees. The first 2 hours of activity outside the shift are converted into conditional ones with a coefficient of not less than 1.5, the next ones - not less than 2. For example, an employee worked 11 hours with a basic day length of 7 hours. With a tariff-free system, he is credited with at least 14 hours: 7+ (2x1.5) + (2x2). According to the second option, hourly average earnings are calculated. For activities outside the shift, the tariff established by the employer is charged. It should not be less than 50% of earnings per hour for the first 2 hours and 100% - afterwards. 
Compensation Source
It may be a special wage fund formed by the employer. Among other things, it is intended for the implementation of guarantee charges, which are provided for by law or other regulations, a collective agreement, a contract between the employer and the employee. The local act of the enterprise, for example, an order to pay for overtime work, can also serve as a basis. Some employers use the bonus system as compensation. However, this practice is generally not considered very successful. It is more expedient to use bonuses when calculating salaries in regular working hours.
