There are many situations when an employee has to stay at work: it is necessary to complete incomplete cases, replace an absent employee, or submit an annual report in a timely manner. What do you call it? Overtime work, expansion of service areas, growth in workloads, or irregular working hours? These concepts are often confused. Consider what overtime is, what guarantees and indemnities are due to employees. We learn about how to draw up an attraction to it and how to correctly calculate and pay for this type of employment.
The emergence and spread of wage labor led to the idea of overtime work. In this concept, the employee made a choice between hours spent on the labor function (paid) and rest time.
Activities beyond the regulated period may not exceed established standards. For allowing such actions, the employer is punished with a fine and punishments. Overtime work should not exceed the legal limit.
Overtime - what is it?
Overtime work is a part of the employee’s labor activity lasting more than the period established by law. It follows from the employee’s work longer than the legal standards for 24 hours. It should be remembered that this type of labor arises as a result of the order of the employer. However, overtime may not be considered as such. This happens when an employee has spent time on work on his own initiative and without the knowledge of management.
According to the Labor Code of the Russian Federation, overtime work should be understood as the activity that the employee performs at the request of the employer in excess of the number of hours fixed in the law during the working day.
Legislation
The duration of overtime work per year is established by law.
The period of time during which the employee exercises his labor functions relates to the worker. Art. 91 of the Labor Code of the Russian Federation. It sets the maximum duration. Overtime is not taken into account in this case. For any employee, up to 40 hours per week are allowed, in other words 8 hours per day with a 5-day schedule. For some groups of workers, the duration of work is set at 36, 35, or 24 hours during the week. In addition, Art. 91 obliges employers to organize reporting on the length of time employees have spent.
Overtime work should not exceed the allowable limit prescribed by law.
If the time for the performance of official duties goes beyond the standard framework that was established by the regulatory legal acts, then this process of the Labor Code of the Russian Federation calls work beyond the usual duration of the working regime. Such excess labor conditions can be in two forms:
- irregular working hours;
- in the form of work overtime.
This concept may apply only to some employees working in positions for which the excess is provided for by local acts of the organization.
Regulation of activities above the norm is established by the Labor Code of the Russian Federation. In addition, national and industry regulations detail this code. Such acts, for example, are:
- Federal Law of the Russian Federation “On Social Protection of Persons with Disabilities”;
- Order of the Ministry of Transport of the Russian Federation of November 21, 2005 No. 139.
Overtime limitations
This is usually associated with the company's working time system. As a rule, weekly working hours, including overtime, do not exceed 48 hours in a given period. This will mean that the limit of overtime work per week is 8 hours for a standard working time system (an average of 40 hours per week). However, it should be remembered that the law indicates the average number of hours in the billing period, and the billing period can be up to 12 months.
Thus, it may happen that the head orders the employee to work only three times a week for 12 hours, and the same specialist will work overtime for 12 hours. Such an order will be legal if:
- The necessary daily rest is maintained for at least 11 hours;
- the amount of overtime per year does not exceed 150 hours (or any other amount specified in the collective agreement);
- during the billing period adopted by the company, the weekly working time will not be exceeded.
Unplanned work beyond the duration of the labor process is initiated by the enterprise administration in situations unusual for the work process. With all this, the necessity of obtaining consent for unplanned work among employees depends on the events of the organization and type of work.
For example, to attract workers, their consent to work beyond the time limit is not required in the following situations:
- to eliminate or prevent tragedy, industrial accidents or natural disasters;
- to eliminate events that impede the normal operation of supply systems, communications, lighting;
- in circumstances of emergency, war, other threats.
Written consent is required in the following cases:
- the end of the draft assignment, in a situation where due to delays the work will not be completed on time, which could threaten damage or loss of the facility for the organization, country or subject of the federation;
- repair or restoration of devices if their breakdown entails a halt in the working process;
- Replacing a failed attendant with continuous production.
With written consent, which indicates the right to refuse unscheduled work (with the signature of the employee), in the absence of medical contraindications, they can work with exceeding indicators:
- disabled people;
- women with a child under 3 years old.
The following categories do not work overtime with any option:
- pregnant women;
- minor employees.
Maximum duration
What is the maximum length of overtime work for an employee? The greatest value is defined in the Labor Code of the Russian Federation (part 6 of article 99). The duration of an employee’s overtime shall not exceed 4 hours for 2 shifts in a row.
The employer without the help of others distributes the right time. Thus, the duration of an employee’s overtime should not exceed 120 hours per year.
But the usual norms of overtime work, as defined in the Labor Code of the Russian Federation, industry regulations and company own acts can be specified.
Overtime - normal or not?
It is worth noting that, according to the Labor Code of the Russian Federation, overtime work is an exceptional situation, therefore it is not allowed to schedule these hours to the employer in advance (for example, in the schedule of working hours). In a situation where the employer knows that there will be more work in this period, he should hire additional people or switch to another system of working time, which allows to extend working hours (for example, work in an equivalent system).
How to count?
Overtime will be understood every additional hour in addition to the daily time of the employee.Therefore, if an employee working in standard working hours (on average 8 hours a day) had to work 8 hours and work 10, then the duration of overtime for an employee is 2 hours. Due to a number of regulations relating to different systems of working hours, calculating overtime is a difficult task and requires careful familiarization with staff regulations.
Equivalent working hours and overtime
In an equivalent system, labor hours can be up to 12 hours. The occurrence of overtime depends on the length of labor on a particular day and on the employee’s work schedule.
There are three options:
- The employee had planned 12 hours of work, and he worked 13 on the orders of management. In this situation, he has one hour of time for which he is entitled to compensation (free time or allowance).
- The employee had scheduled 8 hours on schedule, and he worked 12. In this case, he had 4 hours.
- The employee should work 6 hours, but it turns out 9. In this situation, he has 1 hour, because during working hours in excess of the schedule, but less than the standard (8 hours), he is not entitled to overtime.
Night time
For work in excess of the norm at night, the employee claims a higher (100%) bonus to remuneration. This period is defined in the interval of 8 hours between 21:00 and 07:00. However, the employer may set a time frame. Therefore, if the night time of the company belongs to the interval from 23:00 to 07:00, then the working time from 21:00 to 23:00 will not be overtime.
Overtime Accounting
The standard accounting method is to give the employee free time for such work. Overtime work is calculated at a ratio of 1: 1 if the application is submitted by an employee. If the employer assigns such a temporary regime to the employee on his own initiative, then he must increase them (1: 1.5 - that is, for 8 hours the employee receives 12 hours of rest).
Accounting hours should occur before the end of the billing period. Such activity is considered without rounding. Overtime on Sundays and other weekends is additionally rewarded. An employee, even if part-time (if the schedule is a day off), receives an entire day of rest.
Accounting for such work time can be carried out:
- by week;
- by days;
- summarized option.
When applying the latter method, the quarter, year, month is taken as the calculation period. Half-year calculation is rarely used. This option is very relevant in situations where the possibility of daily recording of work hours is excluded and impossible for the employer. An example of such an activity may relate to situations where personnel are involved in work remote from the main office. Such an example is the work of a watch.
When quarterly or annual accounting, the duration in excess of the standard may not exceed 4 hours in two consecutive shifts. The annual limit does not exceed 120 hours.
Overtime supplement
In this case, the employee is entitled to an additional payment, which is made in addition to the base rate. The allowance is paid to the employee when he worked for the period specified in the contract and did not use the right to take overtime.
The overtime rate is a derivative of the remuneration and is paid at the hourly rate prescribed in the employment contract.
The amount of the amount will be determined by the duration of this activity for each employee individually.
Overtime - when is 50, and when is 100%?
For overtime work on a normal day, the employee is entitled to a remuneration of 50% of the payments. For activities at night, on Sundays and holidays, which were not planned, as well as on the day that was originally provided in exchange for the worked day off or holiday, the employee acquires the right to 100% compensation.
Extra Payments and Overtime
When calculating overtime work, various types of additional payments (for example, additives, years of service) are not taken into account. This amount must be paid to the employee for the month during which the duration of the work is calculated in excess of the norm. Surcharge can be settled later - until the end of the billing period.
Overtime hours according to the Labor Code of the Russian Federation
The Labor Code of the Russian Federation also determines the responsibility of the head for violations of the employee’s rights in the field of working time. There is currently no additional regulatory document in this area. All provisions concerning the schedule and overtime work are regulated only by the Labor Code of the Russian Federation.
At the same time, the duration of overtime work should not exceed the statutory time. If such standards are violated, a fine may be imposed on the employer.
If the employer forces ...
In many companies, employees receive a work assignment in excess of the limit arising from an employment contract. Is this legal? As follows from the Labor Code of the Russian Federation, only if:
- the need for rescue operations to protect life or health, property, the environment or eliminate accidents;
- special needs of the employer.
An employer may ask an employee for overtime work. This means that the employee must perform the superimposed functions. Refusal to work in such situations can be considered as a violation of official duties. However, the duration of overtime work in such a situation is limited by law.
Some employees are exempted from performing such functions (for example, pregnant women), and some groups may refuse if they wish (parents of children under 3 years of age, disabled people and employees who perform their functions in places where there are excesses of permissible concentrations harmful to health substances).
However, it is worth noting that the special needs of the employer indicate an exceptional situation, so the need to work overtime should not be the norm and can be considered incompatible with labor legislation. Unfortunately, the rules here are not strict enough, and in each situation, the case must be analyzed individually.
Documentation
There are no strictly regulated documents that must be applied to account for such a time. It is enough to use the written consent of the members of the labor collective or the approval of the union, which will reflect the duration of overtime for each employee of the company. Such a document was prepared in organizations, as a rule, in advance. When signing an employment contract, an employee must familiarize himself with it and sign it. The order also needs to reflect the main motives for which involvement in such work is possible. The order also reflects the time period during which overtime work may be offered.
Special cases
Among the special professions related to exceeding permissible operating time standards, the work of drivers can be distinguished.
The duration of overtime work of drivers should not exceed 4 hours, which is regulated by the order of the Ministry of Transport of the Russian Federation dated 08.20.2004 No. 15. Time accounting in total is applied to such categories of professions.
Tips
Companies should adhere to the following rules when making overtime work:
- Be sure to request the consent of the employee for overtime work and clarify the opinion of the trade union organization;
- Do not neglect the evidence of a medical report if it prohibits such work;
- reflect in employment contracts the mode of attracting and paying overtime;
- mark the schedule for attracting employees to overtime exits in a specialized magazine;
- draw up all relations with the employee in writing:
- issue orders on overtime work, indicating in it the amount of compensation and processing time;
- take written consent from the employee.
Conclusion
In this situation, the employer should always remember that the total duration of overtime work should not exceed 4 hours for two consecutive days and 120 hours per year.
Such engagement of employees should not be a system, but can only be done from time to time.
Thus, the duration of overtime must not exceed the allowable limit prescribed by law.