How many overtime hours are allowed per year, how much overtime can you work under the law?

Revisions in the Labor Code of the Russian Federation

Many consider all the extra hours spent in the office to be overwork.

There are usually many reasons for this phenomenon:

Organization of work with errors.
Submission of reports and documentation.
Excessive loading, and so on.

If the initiator is an employee and not an employer, overtime work is not discussed. Article 99 of the Labor Code of the Russian Federation confirms this. The main condition for the appearance of the term “overwork” is tied to the desire of management to assign work beyond the previously established norms.

Written consent from subordinates in such a situation is always required. Even if the change in the standard scheme is due to economic reasons or emergency situations. There are several conditions under which consent from the second party does not matter:

emergency situations when eliminating the consequences of accidents and disasters;
communications must restore normal operation;
the consequences of emergency situations must be eliminated.

Exemption from overtime work is also permissible for several categories of citizens:

single mothers with minor children;
disabled people;
persons themselves who have not reached the age of majority;
pregnant women.

There are other restrictions on such processing. 4 hours is the limit for 1 day. There is a ban on installing such circuits more than two days after each other. 120 hours of overtime is the maximum that can be accumulated in a year using shift modes.

Sequence of processing processing

The algorithm for processing working time processing is as follows:

Providing the employee with a notice in which he will be informed of the reasons for the additional work, time, and duties that will need to be performed;
Drawing up an appropriate notice, according to which the employee will be instructed that he has the right to refuse to be hired for additional work;
Obtaining the appropriate signature of the employee on the above documents;
Issuance of the relevant management order;
Obtaining the employee’s signature on the order;
Entering information about additional time worked into the time sheet by entering o in the appropriate columns with a number indicating the time;
Transferring information to the accounting department for final settlement with the employee.

Important! In all situations where the need for additional work was initiated by the administration, it must be paid for.

Current legislation does not contain a single reason why an employer has the right to refuse payment. But if an employee goes to work of his own free will or stays late at the end of the working day, in this case the administration has the right to refuse his request for additional payment, since this fact may indicate the lack of qualifications of such an employee or insufficient personnel of the enterprise.

What happens if the 120 hour limit is exceeded?

The government is busy setting up a new production calendar every year. It contains the following information:

weekend;
holidays;
transfers of working days;
quarterly, annual and monthly work hours.

For example, 1973 hours was the working time for 2021. 2093 hours is the norm in case of emergency situations.

It will be difficult to avoid fines if management did not take care of timely registration of holidays for subordinates. Especially when the processing time has already reached and exceeded 120 hours. This is an administrative offense. Fines of 5 thousand rubles are applied to officials.

The penalty for enterprises will be 80 thousand rubles. Managers and enterprises are subject to disqualification and deprivation of the right to work if the violation is repeated. Such punishments are an incentive for management to keep records in accordance with all the rules.

What kind of work can be considered overtime?

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Overtime work complies with the following conditions: (Part 1 of Article 99 of the Labor Code of the Russian Federation):

carried out at the initiative of the employer;
it goes beyond the established working hours for the employee - daily work (shift).

If an employee is late at work on his own initiative, such work is not considered and is not paid as overtime (Rostrud Letter No. 658-6-0 dated March 18, 2008).

Also, the performance of work duties within the framework of irregular working hours is not recognized as overtime work.

If the organization has adopted a summarized accounting of working hours, then in this case, overtime is considered to be work established in excess of the normal number of working hours for the accounting period. The employer must determine the accounting period (month, quarter or other period up to a year) in the internal labor regulations. This is necessary for the correct calculation of hours worked overtime by an employee (Article 104 of the Labor Code of the Russian Federation).

Involvement in overtime work should not be systematic; it can occur sporadically in certain cases (Rostrud letter No. 1316-6-1 dated 06/07/2008).

Normal working hours are 40 hours per week (Article 91 of the Labor Code of the Russian Federation). The duration of overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation).

Tip one: reflect the time worked overtime by the employee in the working time sheet (for example, in form N T-12 or N T-13, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded. Mark overtime hours on the timesheet with the letter code “C” or the number “04”, under which the number of overtime hours is indicated.

True, for some categories of workers, a reduced working time is established, which is normal for them (Article 92 of the Labor Code of the Russian Federation). These include, in particular:

minor workers - from 24 to 35 hours per week depending on age;
disabled people of group I or II - no more than 35 hours per week;
employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week;
women working in the Far North (Article 320 of the Labor Code of the Russian Federation);
teachers (Article 333 of the Labor Code of the Russian Federation);
health workers (Article 350 of the Labor Code of the Russian Federation).

That is, for these categories of workers, overtime will be considered work that exceeds the reduced working hours established for them (daily work, shift).

The rules regarding overtime work apply to both employees at the main place of work and part-time workers.

Example 1. An accountant has a five-day working week and an eight-hour working day from 9.00 to 18.00 (with a lunch break from 13.00 to 14.00). The manager asked the accountant to stay until 20.00 to prepare a report for him. The period of time from 18.00 to 20.00 in this case is overtime work.

Example 2. A mechanic works 5 days a week - from Monday to Friday from 9.00 to 18.00. To eliminate the accident, he was called to work on Saturday from 10.00 to 20.00. Is this considered overtime?

No, this is considered work on a day off and is regulated by Art. 153 Labor Code of the Russian Federation. Thus, if a mechanic receives a salary and has worked a monthly standard of working time, then his work on a day off must be paid in the amount of at least double the hourly rate above the salary (Part 1 of Article 153 of the Labor Code of the Russian Federation). Also, work performed on non-working holidays is not considered overtime.

Overtime payment: about different methods

The Labor Code also establishes the minimum amount of compensation related to overtime. The manager is obliged to record such information in advance, in the collective labor agreement. An employment contract with an employee is another place where such information is recorded. Local company regulations may increase compensation amounts, but not reduce them.

The first two hours of processing require one and a half tariff. All subsequent ones come in double size. The payment coefficient ranges from 0.2 to 2 units. It depends on whether employees are hired on weekdays or weekends, and at what time.

Features with a 40-hour week

The easiest calculation is for citizens who maintain normal schedules with a 40-hour week. It is enough to record the time spent on processing once. B 04 or C – codes for accounting sheets during registration. The exact duration is placed next to this designation.

The code describes recycling standards for the year and day. But there are no indicators for the month. You can only carry out calculations theoretically. It is acceptable to assume that the maximum processing time per month is 84 days. But in practice, managers are rarely able to achieve agreement with such difficult conditions. Trade union bodies also do not agree with this.

Is there a time limit on overtime work?

The employer has the right to involve his subordinates in overtime work.

The legislation establishes restrictions on the duration of work beyond the norm - the number of overtime hours per year and month and should not exceed the established values.

Article 99 of the Labor Code of the Russian Federation establishes restrictions on limits for days, as well as for the entire working year.

Established duration limits allow you to evenly distribute the load on a person and give him the opportunity to fully recover in his free time.

In accordance with the Labor Code, assignment to overtime work occurs voluntarily and compulsorily.

To assign additional work from an employee, written consent must be obtained.

In general, the procedure for processing documents when engaging in excess work is described in this article.

This type of overtime activity is used in the following cases:

in the absence of an employee at the workplace requiring constant presence;
there is a delay in the production process that could result in loss or harm;
troubleshooting problems that could result in work stoppages for many workers.

The Labor Code provides for cases when recruitment occurs without consent, these include:

elimination of accidents in water supply, sewerage, gas supply, heat supply, lighting, communication centers or transport links;
eliminating the causes and consequences of emergency situations that pose a threat to people’s lives and health;
carrying out work related to the presence of natural disasters, catastrophes and liquidation of their consequences.

A special approach is applied to mothers with children under three years of age and people with disabilities; the involvement of these persons must be carried out with their consent and provided that there are no medical contraindications to such a work regime.

Maximum duration per month according to the Labor Code

According to the labor code, an employee should not be required to work overtime for more than four hours in two days.

This means that a person who worked three hours above normal today must not work more than one hour in addition to his normal work schedule tomorrow.

With a five-day working week in a month of thirty days, twenty-one days are working days.

If a person is involved in additional work, guided by current standards, per month the amount of overtime an employee receives under the Labor Code cannot be more than 42 hours.

It is prohibited to apply additional working hours all year round in excess of the established norms.

The procedure for calculating overtime hours and their payment.

How many overtime hours are allowed per year for each employee?

According to the Labor Code of the Russian Federation, the involvement of additional overtime work and overtime during the year should not exceed 120 hours.

The specified permissible maximum overtime in hours is used evenly, distributed over the whole year or several months at once.

The employer ensures that the duration of work performed in excess of the norm is recorded in a special report card.

The assignment to additional work must be accompanied by an order requiring the employee to work overtime.

The entire duration of overtime is indicated on the report card and is strictly controlled by the employer.

Useful video

What maximum duration of overtime work can be established (per year and per month) in accordance with the law is described in detail in this video:

With a shift work schedule

At first, trade unions demanded that a 40-hour work week be considered normal. But this does not exclude another option for time spent on work duties.

There are companies on the market that are unable to stop production due to the specific nature of their work. It is important for them to supply the population with goods, services, and so on around the clock. Therefore, Article 103 of the Labor Code of the Russian Federation introduced the possibility of working on a shift schedule.

But maintaining shift work comes with its own challenges regarding keeping track of each employee's time. Therefore, the laws provide for the maintenance of so-called summarized accounting of intervals that must be worked out. The manager chooses the period of time for which such a system is applied.

The main thing is not to exceed the quarterly or annual norm.

You cannot draw up schedules with processing included in them in advance. This is considered a gross violation of the rights of stakeholders.

Overtime and overtime: how do they differ from each other?

For many enterprises, processing is an episodic event. This option is typical for accounting, logistics, and marketing departments. When the deadline for submitting reports approaches, you need to enter a matrix of a new assortment, and so on. Overtime often occurs among those in leadership positions.

Without accurate calculations and justification, overtime for management and personnel is not acceptable. There are several reasons for this:

An 8-hour working day and a 5-day week is enough for people to have time to recover and satisfy all the body’s needs.
Situations where personal time is wasted on overwork is prohibited, which causes a constant feeling of fatigue.
Frequent overtime is not beneficial for the manager - because of it, wages have to be raised almost twice, or even more.

Overtime sometimes occurs at the initiative of the employee. Only the director of the enterprise can initiate overtime work. The event is accompanied by an act of organizational and administrative nature.

Summarized working time recording: design features

With summary accounting, the work scheme is special when it is important to adhere to certain schedules. Most often, shifting or sliding options are used.

The reason for developing such a scheme is a situation where it is not possible to work a working week with standard hours in accordance with the norms. It often happens that shortcomings in one period of time are compensated by overwork in another. There are no violations of the established requirements for the time period. For such cases, the role of the key document is transferred to the work schedule.

Article 103 of the Labor Code helps resolve some disagreements. A schedule that includes general working hours is needed when working in shifts. For other situations, the requirement is no longer mandatory. But managers rarely give up on schedules. In another way, it is difficult to ensure that the regime complies with the laws.

It is impossible to do without recording this information in a number of local regulatory acts:

internal labor regulations;
basic and additional agreements drawn up with employees;
collective agreements;
In the case of summarized accounting, it is quite difficult to draw up a schedule.

How is overtime compensated?

According to Article 152 of the Labor Code of the Russian Federation, overtime service is compensated in two ways:

In cash.
Additional days of rest.

Payment of money is the “default” form. Additional days of rest are assigned only if the worker wishes. The amount of compensation is determined depending on the duration of processing:

The first 2 hours are at one and a half rate.
Subsequent hours are at double rate.

The duration of overtime work is calculated for each day.

ATTENTION! The law does not specify the time frame during which an employee can choose one of the forms of payment. Therefore, he can do this even after the money is issued. To avoid confusion, it is advisable to discuss this issue in advance.

How are additional days of rest processed?

How to register rest days established as compensation for overtime? It makes sense to fit these days into your work schedule. If there is no schedule, an order is issued with the employee’s full name and the reason for providing the rest. The employee must be familiarized with the document against signature. In the accounting sheet, rest days are marked with the code “NV” or “28”.

IMPORTANT! During the period of additional rest, salary will not be maintained.

Getting to know the charts

Employees must be familiarized with the accompanying documentation at least a month before the new rules come into effect. After this, the subordinate signs the papers as a sign that he has no objections.

But even when solving this issue, some difficulties arise. At any time there may be a need to correct previously approved acts. The general norm remains unchanged, only the order of alternating trips to work and days off is adjusted.

No changes can be made before the document comes into force. After this point, any actions will be considered a deviation from the norm.

How to get out of this situation:

Create indicative schedules.
Implement the rules in parts. It is recommended to do this monthly.

This will make it possible to familiarize employees with each version of the document. Thanks to such approaches, adjustments will be easier to make.