Overtime duration
The duration of overtime work per week is 40 hours. The duration of overtime work should not exceed 4 hours for two consecutive days and 120 hours per year.
For some employees, reduced forms of working time are defined:
- Minors – from 24 to 35 hours per week, depending on their age.
- Women who work in the Far North.
- Disabled people of groups 1 and 2 - no more than 35 hours per week.
- Teachers.
- Medical workers.
- Employees whose workplace, according to special commissions, is classified as hazardous working conditions of the 3rd and 4th degrees or dangerous conditions.
Payment for overtime work under the Labor Code of the Russian Federation from July 1, 2021
Now, according to the new version of Article 152, which regulates wages during overtime, overtime must be calculated in a new way.
Let me remind you that overtime is considered work beyond the total duration. The total duration is no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). These hours can be distributed as desired by agreement of the parties, but the total duration should not be higher. Anything in excess is paid differently.
According to amendments to the Labor Code, now if an employee works on a holiday or day off more than the norm, then these days must be paid only once in double amount. The previous procedure, when it was necessary to pay for the same hours again as overtime (at time and a half for the first two hours, at double time for the remaining hours) is no longer applied.
Involvement in overtime work with the consent of the employee
An employee, by decision of the employer, can be involved in work in the following cases:
- To prevent a catastrophe, industrial accident, and eliminate their consequences.
- In the event of the introduction of martial law and other emergencies that threaten the population.
- To eliminate the circumstances that caused a disruption in the functionality of central water supply, gas supply, heat supply, communications and transport.
To be involved in duties under the above points, no permission or consent is required, since these situations are emergency situations and failure to fulfill one’s official duties is punishable by liability before the law.
With the written consent of the employee, you can be required to work overtime in the following cases:
- in order to complete work begun that was interrupted due to an unexpected delay due to production during scheduled working hours.
- also during temporary work related to the repair and restoration of structures in cases where their breakdown could lead to disruption of the work of a large number of workers.
- if a shift worker fails to show up, if production does not allow a break.
What kind of overtime can there be with a shift schedule?
A shift schedule is a schedule that is drawn up if the working day of certain employees, due to production needs, must be longer than the standard working day or must not take place within the framework of 9-18. In this case, too, overtime may be required - even beyond the longer time that the employee will need to work in accordance with the shift schedule.
Moreover, in such cases, the norm is violated, according to which an employee cannot work more than 40 hours within a month . Therefore, for such enterprises there is a concept of summed time, which means that employees work during the week more than required by law, but this is compensated by less time working in other months .
As a result, the norm is observed for a longer period of time, namely, a month, quarter or year. In general, the rule is that the maximum period during which time can be added up is one year. In other words, it is unacceptable for an employee to work more than expected during the year, and then compensate for this with less time next year. The annual norm must be observed.
At the same time, for employees who are employed in hazardous or harmful types of production, the longest period of summarized accounting is a quarter . In other words, they can work out the norm for a week or for a month, but during each individual quarter they can work no more than the established norm of time. However, at the same time, for employees of such industries there is a reservation, according to which the accounting period for them can still be increased for the year .
Overtime work at night
As a rule, the following are not allowed to work at night: pregnant women, persons under 18 years of age, disabled people, with the exception of persons who participate in the creation of works of art. Women with children under 3 years of age. Employees with disabled children. Mothers and fathers raising children under 5 years of age without spouses (single mothers), etc. If any of the above categories are involved in night work, the employer is obliged to inform them in writing that they can refuse to work at night.
Calculation of overtime when working in shifts
In order to calculate the amount of additional payment for overtime during a shift change, it is first necessary to determine the number of hours worked in excess of the norm.
With the weekly accounting method, identifying hours worked in excess of the norm is quite simple. You just need to know the maximum standard for the duration of a working week for a specific employee, established by law. All hours worked above this limit will be overtime.
If the company uses cumulative accounting of work time, then in order to determine the duration of overtime it will be necessary to calculate the time worked cumulatively for the entire accounting period. This point is fundamentally important, since excessively worked hours that go beyond the norm established by law are considered overtime only at the end of the reporting period.
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For example, if in a company, for employees working in shifts, time worked is calculated using the cumulative accounting method using a quarterly reporting period, with a standard 40-hour work week, the normal length of work time in the 3rd quarter of 2021 will be as follows:
- July - 168 hours;
- August - 184 hours;
- September - 176 hours;
- total - 528 hours.
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Payroll: sample
Let's say an employee worked:
- in July - 160 hours;
- in August - 186 hours;
- in September - 186 hours;
- in total for the 3rd quarter - 532 hours.
Thus, the overtime duration for the 3rd quarter of 2021 for this employee is 532 − 528 = 4 hours. It is these 4 hours that should be compensated to the employee as overtime worked.
Payment of overtime and compensation for workers with a shift schedule
Due to some peculiarities of work, enterprises introduce a shift schedule. Maintenance is carried out according to general rules in accordance with the working time sheet. The timesheet records data on all hours worked by the employee. Currently, there are 3 types of such accounting:
- Monday
The length of the working day should be the same every week. The duration of an employee's shift or daily work is set by the schedule.
- Daily
A work shift consists of 5 or 6 days. The duration of the work shift is the same. For calculations under the daily schedule, each day worked by the employee for the entire working period is taken into account.
- Summarized
It is used in cases where the organization cannot accept the daily shift duration established for a certain number of employees. In this case, the maximum number of hours for the entire year is calculated and the shift schedule is drawn up in accordance with the result obtained.
Wages at a particular enterprise are calculated to an employee based on the established remuneration system. Depending on this, it can be calculated in two ways.
At the established hourly rate:
In this case, to determine the amount to be paid, it is necessary to multiply the rate by the number of hours actually worked by the employee. Data about this is taken from a document maintained by the enterprise.
Example: The watchman of Hercules LLC works on a shift schedule every other day, so the duration of one of his shifts is 24 hours. Payment is made based on an hourly tariff rate of 90 rubles per hour. It is necessary to calculate an employee’s salary for March if he worked all his shifts and his first working day of the month fell on March 2.
In this case, the number of work shifts is 8, the actual time worked is 192 hours. Therefore the salary is equal to:
Salary = 192 * 90 = 17,280 rub.
But still, this money is not final, because the employee is entitled to cash payment for night work and for working overtime. If an employee worked every other day, then the number of shifts would be 10, and the hours would be 240. In this case, the salary would be higher:
Salary = 240 * 90 = 21,600 rub.
But not only the additional payment for overtime will go to the employee’s account, but also the money for working on a holiday, for example, if his working day were to fall on March 8. But there is an overworking of the established norm of 168 hours. This is prohibited by law. In such situations, employees are paid in full.
As already noted, in the event that overtime occurs or when part of the shift coincides with night time, the employee is entitled to additional payments to his salary, the minimum amount of which is established by law.
How is overtime pay calculated?
When applying for a job, the future employee signs an employment agreement, which regulates the working relationship with the employer, and which establishes a specific work schedule. After working hours have expired, overtime or overtime work begins.
According to changes in the Labor Code of the Russian Federation, overtime payment in 2018 with a 40-hour work week is made as follows: for the first couple of hours of overtime at a coefficient of 1.5, then at a coefficient of 2. In this case, the calculation is made by summed up accounting.
For example : an employee has a 40-hour work week, on Tuesday he was forced to extend the working day by 2 hours, and on Wednesday by another. Payment per hour of work is set at 300 rubles. In total, in a week he worked 43 hours, which means the calculation will be made as follows: 40 * 300 2 * 300 * 1.5 1 * 300 * 2 13,500 rubles, of which 1,500 rubles was an additional payment for overwork.
Calculation of overtime hours on a shift schedule
If a shift schedule is established for an employee, then overtime is calculated for a certain accounting period (week, month or year), which is approved by the internal working time recording system.
So, for example, an employee works on a 2/2 shift schedule for 12 hours, the accounting period is a month. In this mode, the production rate for an employee is 15 working days or 180 hours (30/2*12). Due to a colleague’s sick leave, this employee was called in twice to replace him, which means he actually worked 17 days. The additional payment for 60 minutes of shift is 100 rubles.
We calculate his wages taking into account overtime:
The total labor time was: 17*12,204 hours;
We calculate the processing time: 204-180 24 hours;
We calculate wages according to the tariff policy: 180*100 2*100*1.5 22*100*2 22,700 rub.
Thus, the additional payment for processing amounted to 4,700 rubles. This form of calculation is quite applicable to a shift schedule.
How is overtime paid?
Due to the fact that there have been changes in the articles on payment for hours of work performed overtime in the Labor Code of the Russian Federation, from 2021, payment for work above the established standards is calculated for the first two hours of overtime at a tariff rate of 1.5 of the hourly salary, and for each subsequent one at double tariff. Let us remind you that before these innovations came into force, processing was paid at a double tariff rate.
Of course, such changes benefit employers more than employees, who are forced to spend their time at work at lower rates
Required payments for overtime over 120 hours per year
The normal amount of time allowed for overtime work is considered to be a maximum of 120 hours. The law prohibits exceeding this norm at the initiative of the employer. For violation of this rule, the employer may receive a fine from the labor inspectorate if such a fact is revealed during an inspection. If the employee exceeds this norm, then payment is made in an increased equivalent according to standard provisions.
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Gray salary: judicial practice, is there any point in suing, employer’s responsibility
Thus, the Labor Code provides for situations in which the employer is allowed to establish overtime work on non-working days or at the end of the working day. In this case, the employee’s consent is required, and his work is paid at an increased rate.
How is overtime paid on a salary basis?
Let's look at how overtime hours are paid with a salary. In Art. 152 of the Labor Code of the Russian Federation there is no information about what amount should be taken into account. Therefore, many employers are wondering whether to consider only salary or average income along with bonuses and allowances. When calculating overtime, managers often take double the tariff as a minimum. Incentive and compensation payments are not taken into account. Overtime work is paid inclusive of bonus payments only if the employer has established such a procedure. If such a procedure is not established, then the cost of an hour is equal to the salary divided by the number of standard hours in the accounting month according to the production calendar. If the period of summarized accounting is more than one month, it is necessary to determine the average cost of an hour for the entire period (for example, salary income for a quarter divided by the standard hours for the specified quarter). Overtime calculations must be made from the resulting cost per hour.
Working beyond established standards: what do you need to know?
After considering the norms of the working week and working day, it becomes clear what constitutes overtime work according to the Labor Code of the Russian Federation. In labor legislation, overtime work refers to additional hours of work (weekly or daily) in excess of established standards.
Now let’s touch on the question of which categories of workers, in accordance with the norms of the Labor Code, cannot be involved in overtime work:
1. Teenagers who have not yet reached adulthood. The exception is some creative professions (for example, work in the media).
2. Pregnant women (due to the risk of harming the health of the woman herself or her child).
3. Students, if an educational agreement has been signed. They cannot work beyond the established norm. This applies to both daily and weekly work.
Note that there are other groups of workers who cannot be involved in overtime work.
Are working hours set?
The working day may vary depending on the following factors:
1. Adolescents (under 16 years of age) have the right to work no more than 5 hours a day.
2. Teenagers (aged 16 years or older, but not yet of adulthood) have the right to work no more than 7 hours a day.
3. Students of higher and secondary educational institutions, subject to combining study and work, can work:
- under the age of 16 – 2 hours a day (maximum);
- over the age of 16 years, but under the age of majority – 4 hours a day (maximum).
4. For disabled people, the length of the working day should be determined individually.
5. Workers engaged in work activities in conditions hazardous to health, as a rule, have the following working hours:
- with a 30-hour work week – 6 hours a day;
- with a 36-hour work week – 8 hours a day
6. For all other categories of employee, the working day according to the Labor Code is 8 hours of work for a five-day work week and 7 hours of work for a six-day work week.
If the above standards are exceeded, work will be considered overtime and, accordingly, must be paid additionally.
The conditions for overtime activities and the procedure for payment must be negotiated between the employee and the employer. Without the consent of the employee, he cannot be forced to work more than required (except in emergency situations).
