Overtime work is performed only after the employer has expressed the initiative to do it; in some cases, mandatory consent from the employee is required, sometimes this is not necessary and the employee is obliged to leave in any case. Not everyone can be involved in recycling. For details and step-by-step procedures for employers when engaging in such work, read the article:
How much to pay for overtime hours depends on whether the employee takes days off during this time. Many employers give their employees a choice:
- take a day or hours off;
- receive increased pay.
Depending on the choice of the employee, the payment procedure is regulated. Overall, in in this case it is necessary to be guided by Article 152 of the Labor Code of the Russian Federation.
Important: If an employee has irregular working hours, then the concept of overtime work does not apply to him. His processing time is compensated by additional vacation days.
Payment for overtime hours - general procedure
According to Article 152 of the Labor Code of the Russian Federation, processing time can be paid in the following amount:
Important: The employer has the right to pay overtime hours in larger size, securing it in local act, labor or collective agreement.
Additional payments for overtime work are subject to insurance contributions and personal income tax.
|
Payment procedure |
Features of overtime pay |
| With salary |
|
| When recording working hours in total |
|
| At shift schedule | If an employee works on days that fall on weekends and holidays due to a shift falling on them according to the work schedule, then payment for them is made in a single amount. Depending on how it is taken into account work time employee on a shift schedule, the procedure for paying overtime hours depends. Summarized accounting is most often used. |
Examples of calculating overtime pay
Below are several examples where the amount of payment due to employees who performed overtime work is calculated.
Example for summarized working time recording
Usually, working hours on a shift schedule are taken into account in aggregate, as well as in flexible modes, when the number of working hours may differ from day to day.
If there are cases of overtime, then payment for overtime hours when recording working time is summarized is carried out in the following order:
- establishes an accounting period - any one that is convenient for the employer, fixing its duration in an internal act;
- counts total working hours for this period;
- the number of hours worked by the employee during this period is calculated according to the timesheet;
- the number of processing hours is calculated as the difference between the indicators of paragraphs 2 and 3;
- payment is made in accordance with the Labor Code of the Russian Federation (the first 2 hours at one and a half times the rate, the next - at double, unless otherwise established by the employer).
- calculation is carried out at the end of the accounting period.
Time worked on weekends and holidays, which has already been paid double.
Example conditions:
Employee Kopytov works with a cumulative recording of his working time. The accounting period is set to quarter. For 2 sq. In 2017, he worked only 494 hours. Tariff for 1 hour of work = 150 rubles/hour. Kopytov did not take days off for overtime work. Let's calculate how many overtime hours he got in a quarter, and how much he needs to pay for them.
Calculation:
Example for piece work
Example conditions:
Two loaders Petukhov and Gusev, at the request of management, remained at work overtime to unload two trucks with goods. Each worked 3 overtime hours, unloading one truck each. Loaders are paid on a piece-rate basis; each unloaded truck is paid in the amount of 1,000 rubles. Overtime work in the organization is paid in accordance with the procedure approved by Article 152 of the Labor Code of the Russian Federation. Gusev wanted to take 3 hours. rest for work done.
Calculation:
|
Worker |
Worked overtime | Trucks unloaded | Rest for overtime work |
Payment for processing |
|
|
First two hours |
Third hour |
||||
| 3 | 2/3 truck | 1/3 truck | 0 |
(2/3 * 1000)*1,5 + (1/3*1000)*2 = 1667 |
|
| 3 | 2/3 truck | 1/3 truck | 3 hours | ||
Example for salary
Payment of overtime hours at a salary requires a preliminary calculation of the part of the monthly salary per 1 hour of work. In this case, you need to use the following calculation formula:
Payment for 1 hour, based on salary = Salary / (Normal working hours for the year according to the production calendar) / 12)
That is, the annual norm of working hours is initially established according to the production calendar for a specific category of worker, after which it is determined how much is due for 1 hour of work in accordance with the salary. Next, the payment for overtime hours is calculated.
Example conditions:
Two accountants Marinina and Popova receive a salary of 30,000 rubles. each and have a 40-hour work week. On June 13, 2017, both worked 3 hours overtime. Marinina decided to take 3 hours off for overtime and left work on June 14 3 hours early. Popova did not take any rest. Overtime is paid in accordance with the Labor Code of the Russian Federation. At 40 hours working week in 2017, the annual norm according to the production calendar is 1973 hours.
Calculation:
|
Worker |
Worked overtime | Salary | Standard working hours according to the calendar in 2017 | Part of the salary for 1 hour of work |
Payment for processing |
|
Marinina |
30000 | 1973 | 30000 / (1973/12) = 182,47 | 182,47 * 3 = 547,41 | |
|
182,47*2*1,5 + 182,47*1*2 = 912,35 |
Example with a shift schedule
As a rule, with a shift work schedule, the employee is provided with a summarized recording of working time.
A shift schedule assumes that the employee will sometimes work on weekends and holidays in accordance with the schedule. If such days off are worked by the employee according to the schedule, then payment for them is made in a single amount, as for a regular working day. If such a day according to the schedule is a day off for the employee, but at the initiative of the employer he is hired to work, then payment is made in double amount.
Example conditions:
Employee Skameikin works on a shift schedule, for him there is a summarized recording of working hours, a quarter is taken as the accounting period. The total number of hours worked during a shift schedule in the 2nd quarter was 630. In the 2nd quarter of 2017, Skameikin worked on May 1 and 9 for 12 hours each. These are public holidays, which, according to the schedule, were days off for the employee, for which Skameikin already received double pay as part of salaries for May.
When working on a shift schedule, the employee is paid per hour in the amount of 180 rubles per hour. Skameikin has already been paid double for the 24 hours that fell on May 1 and May 9, so they are not taken into account when calculating overtime pay for shift work.
Work until late evening, return home by taxi, because... The metro is already closed, and other “joys” of overtime are familiar to many. In some organizations, working overtime is considered the norm. What should an employee who does not want to devote all his time to work do in such a situation, and what does the Labor Code say about overtime?
Related materials:
- the employee is unable to do his job
- the employee has problems with the distribution of his time (so-called time management), and he cannot distribute the work so as to complete it before the end of the working day
- management's wish or requirement
The latter will be discussed.
Management's request or request
Spending all the time in the office, especially when there is a family, is unacceptable for many workers. Although such work may be a desire, and sometimes even a direct requirement of the manager, you need to maintain your interest. Workers are not robots, they have their own lives besides office duties. And of course, overtime is in no way a way to increase labor productivity: tired people are more likely to make mistakes.
For workaholic managers who are passionate about their work and consider the norm to be 20 hours a day without any incentives, it will be difficult to understand an employee who does not want to work in the same mode.
Overtime work becomes an unpleasant surprise if, when applying for a job, the systematic need to work late was kept silent. The situation becomes especially difficult if the employee likes the job and does not want to quit.
What to do? It is polite to “download your rights” and ask either for compliance with the employment contract, if it stipulates the length of the working day, or for compensation for overtime work. Moreover, the Labor Code contains norms on the basis of which this can be done.
Communication with superiors
Before you go to your boss, re-read your employment contract, maybe there is a clause about overtime.
Review yours carefully job description. Maybe you have been given additional responsibilities beyond those described in the instructions, and you are actually working for yourself and “that guy.”
Before communicating with management, think over the argumentation of your position. This is necessary to get your point across and get what you want, and not get fired.
Simple arguments: “I’m tired” and “pay me for overtime” are ineffective, because... It is not clear from them that working for the company is interesting to you, and that your activities are effective. In addition to stating the very fact of your reluctance to continue to overwork or perform duties that are not yours, you need to present options for getting out of the situation, moreover, this must be done so that the boss does not start looking for a replacement for you.
Of course, there are unforeseen circumstances, emergency situations or inspections. And if you are asked to stay late, then you should not swear right away, especially if overtime is not a common thing in the company. However, compensation for overtime work should be immediately agreed upon.
Knowledge of the Labor Code will help you when talking about compensation.
TK:overtime work
According to (Article 99), overtime is work that is performed by an employee at the initiative of the employer outside the working hours established for the employee.
Article 104 of the Labor Code of the Russian Federation obliges the employer to ensure that the duration of working hours does not exceed the normal number of working hours: 40 hours per week or 160 hours per month (Article 91 of the Labor Code of the Russian Federation).
Important! Involvement in overtime work should be allowed only with the written consent of the employee. With the exception of accidents and other industrial emergencies, as well as the performance of unforeseen work, from urgent implementation which the further work of the organization as a whole or its individual divisions depends.
The Labor Inspectorate responds to complaints from workers about unpaid overtime. If you cannot get compensation for overtime work from your employer, contact the inspectorate.
The duration of overtime work must not exceed 4 hours over two consecutive days or 120 hours per year. The employer must ensure that the duration of overtime work is accurately recorded for each employee.
Overtime work, in accordance with, must be compensated. For the first two hours, it must be paid at least one and a half times the rate, and for subsequent hours, as well as forced work on weekends and non-working holidays, at least double the rate. At the request of the employee, instead of money as compensation, he can receive additional days for vacation or time off (Article 13 of the Labor Code of the Russian Federation).
The following may refuse overtime work:
- pregnant women
- minor workers (except for creative professions)
- disabled people
- women with children under three years of age.
Processing on a shift schedule
In accordance with Article. 103 of the Labor Code of the Russian Federation, an organization may establish a shift work schedule when “duration production process organization exceeds the permissible duration of daily work, as well as in order to more effective use equipment, increasing the volume of products or services provided.”
At the same time, employees must be familiar with the shift schedule, which regulates the start and end of work, the duration of breaks for rest and food, the procedure for the transition of workers from one shift to work in another, etc.
The shift schedule must be brought to the attention of all employees no later than one month before its introduction.
For employees working in shifts, work on weekends and non-working holidays is paid, taking into account certain features. So, for going to work as scheduled on Saturday and Sunday, they are paid their regular salary (). If an employee is brought to work on a day that is not defined in his schedule as a working day, the organization is obliged to accrue remuneration in an increased amount of at least twice the usual amount.
Processing by piece workers
With a piece-rate wage system, products produced during working hours in excess of the established duration are paid at normal piece rates, and in addition, the employee is paid additionally for each hour of overtime: for the first two hours - at least 50% of the hourly tariff rate, and for each subsequent hour - at least 100% of this rate.
To answer this question, it is important to understand what recycling is.
Work: what is the norm by hour
According to labor law, the duration of working hours must be established for each employee, during which he is obliged to perform the duties assigned to him. The generally accepted norm is a 40-hour week. For certain categories of workers it is even less. However, there are situations in which an employee may be late at work. We are talking about irregular working hours (recorded in employment contract) and overtime work, which requires payment for overtime. Delay at the workplace due to failure to fulfill duties assigned to the employee on time is not considered overtime. An offer of paid overtime can only come from an employer.
Overtime (aka overtime)
If the employer’s representative takes the initiative to involve the employee in performing work outside the established time period for work, he involves him in overtime work upon completion of the worked day or night shifts. Work of less than 8 hours a day will also be considered overtime for workers who work at or above the norm established for them. As a rule, processing is of a temporary nature, in particular it is applicable during the period of supply of materials and submission of reports. Practice, including judicial practice, indicates that processing cannot be planned in advance; it is a kind of forced measure. To implement the decision, the employee’s written consent may be required. No employer's representative may contain provisions that, when appropriate circumstances arise, the employee is obliged to consent to overtime work.
What processing time is possible?
Since processing involves additional labor costs, it must be controlled, officially recorded and paid accordingly. The employer should ensure that working hours are accurately recorded for each employee. A unified form of accounting is a time sheet in which an alphabetic (“C”) or numeric (“04”) code is entered indicating the processed time down to the minutes. Recording the duration of work in excess of the norm is necessary to avoid a 4-hour excess over two days and a 120-hour excess over the course of a year. These rules also apply to part-time workers. For car drivers for whom summarized working hours are kept, scheduled work + overtime cannot exceed 12 hours, except in situations where it is necessary to complete a trip or wait for a replacement.
Who cannot be involved in overtime work?
Overtime, which is mandatory, cannot apply to a number of employees. No one has the right to involve persons under the age of majority or pregnant women in processing. Women who have dependent children under three years of age and disabled people can perform overtime work by giving written consent and in the absence of contraindications for health reasons (subject to a corresponding doctor's opinion). Their familiarization with the possibility of refusal must be recorded against signature. Similar guarantees apply to a parent raising children under the age of five without their significant other, employees with disabled children and those caring for sick members of their families with a medical certificate.
Under what circumstances is it necessary to obtain written consent for processing from an employee?
Payment for overtime according to the Labor Code of the Russian Federation must be made with the obligatory consent of the employee if:
Due to technical reasons, there was a delay in production, the employee did not complete or did not complete the work on time within working hours, and the stop may pose a threat to the life and health of people, lead to damage or loss of property;
- there are malfunctions in mechanisms and structures, the lack of repairs of which can cause the work process to stop for many workers;
- the replacement employee did not show up for work, and stopping the process is unacceptable; in this case, the employer must take all necessary measures to replace the employee.
These circumstances do not oblige the employee to consent to processing (he may refuse). Refusal should not be regarded as a violation of discipline at work.
In what cases does the employer not need consent?
Payment for overtime will be made without written consent for overtime work if:
The need to carry out work to prevent a disaster, industrial accident or eliminate their consequences;
- the need to carry out work aimed at eliminating accidents centralized systems gas, heat, hot and cold water supply, drainage, communications, lighting, transport;
- the need to carry out work in cases that threaten the lives of the population (martial or state of emergency, natural disasters).
Under these circumstances, the employee’s refusal is unacceptable.
Penalties
Lack of appropriate consent to perform overtime work, as well as failure to keep track of overtime, may result in administrative penalties (fine, suspension of the organization’s activities):
- For officials- 1000-5000 rub.;
- for legal entities - 30,000-50,000 rubles. or suspension of the organization’s activities for up to 90 days.
Documentation of processing
Hourly overtime and wages for it must be properly documented. Sometimes it may be necessary to write a report to the manager, which should indicate the circumstances of the incident and the need to involve a particular employee in working beyond the norm. Then you should notify the employee about the need for overtime by sending him a written notice or reading the report against signature, if necessary, obtain consent, then issue an order to pay for overtime. There is no unified form of such an administrative document. It can be drawn up arbitrarily with mandatory content of the reasons for overtime, who should be involved in work and for how long. An order is issued for each case of processing. It cannot be prepared in advance for a certain period of time with the indication of employees.
Labor legislation states that the employer should be properly compensated for labor costs exceeding the norm. We are talking about both overtime work and work on weekends, holidays, and at night. Answer to the question: “How are overtime paid for? Labor Code Russia? - lies in article 152 of the document on labor law, which speaks of the need for the employer to provide one and a half wages for the first two hours of work, and double wages for subsequent hours. Higher odds are also possible if this is reflected in the local regulatory framework enterprises, collective or labor agreements. Also, the time worked can be replaced by rest equal to or exceeding the hours of overtime. The choice of one or another method of compensation is the prerogative of the employee, not the employer.
In practice, you can often encounter a number of questions about how overtime is paid, which are not explained under the Labor Code, relating, for example, to situations when overtime falls on weekends, holidays or at night. So, in the case of overtime that falls at night, they must be paid (at least 20%) and separately for overtime work. Overtime on a weekend or holiday will be considered solely as work on a weekend or holiday with corresponding double pay. Payment for overtime during a shift schedule is calculated based on excess working hours per accounting period. Everywhere it is calculated differently, however arbitrage practice determines the approach in which the first 2 hours of the total number of overtime hours in the accounting period should be paid at one and a half times, all the rest - at double. Initially, the employer should document the procedure for paying for overtime, i.e. what base for applying increasing coefficients will be taken into account (bare salary (tariff rate) or salary + allowances). To pay for overtime, it is better to prepare a detailed accounting statement. In case of working hours beyond the maximum permissible norm the employee must receive compensation in full.
The concept of weekly normal working hours at enterprises is regulated at the federal level in the Labor Code and is equal to 40 hours (Article 91). But in practice, there are often situations when employees are involved in extra work for additional remuneration. What is the duration of overtime for each employee? How is overtime limited during the year or month? Let's look into the regulatory nuances.
Recycling standards according to the Labor Code
Overtime work is recognized as work that is performed at the initiative of the employer outside the normal duration of work - shift. According to stat. 99 of the Labor Code, with the exception of certain cases, the consent of an individual is required to attract overtime. And for the accuracy of calculations, it is necessary to ensure personnel records of overtime hours.
At the same time, overtime work should not exceed established limits. Whatever the reasons for excess employment, the duration of overtime work should not exceed 4 hours in 2 consecutive days or 120 hours in a year (stat. 99 Labor Code). It is not allowed to use excess labor:
- Pregnant workers.
- Minor specialists (under 18 years of age).
- Women with young children (under 3 years old) and disabled people are allowed to be recruited only with their consent, after mandatory familiarization with the right to refuse overtime work.
Note! The employer is obliged to ensure that overtime work does not exceed the maximum legal limits. Violation labor order threatens the manager with administrative liability under Part 1 of Art. 5.27 Code of Administrative Offences.
Recycling rate per year according to the Labor Code of the Russian Federation
So, according to stat. 99 the duration of overtime work should not exceed the limits indicated above. For a year (calendar) – this is 120 hours for one employee. Legal status The employer and the scope of the business do not matter. How is the maximum amount of overtime per year calculated? How to determine how many overtime hours can be worked per year for a specialist working 5 days a week?
Let's look at an example
Let's assume that the accountant of the company Ivanova T.I. works 8 hours daily with a 5-day schedule. The employer's administration decides to involve her in overtime work. To comply with legal requirements, overtime hours must not exceed 4 hours in 2 consecutive days.
How can you organize the labor process - the permissible duration of overtime:
- Monday and Tuesday – 2 hours each.
- Monday and Wednesday – 3 hours each.
- Tuesday and Friday – 4 hours each, etc.
What duration of overtime is not allowed:
- Monday – 2 hours, Tuesday – 3 hours.
- Tuesday and Wednesday – 3 hours each.
- Wednesday – 4 hours, Thursday – 1 hour, etc.
The days for overtime work are chosen at will, the main thing is to comply with the current statutory limits. 99 TK. At the same time, the maximum number of overtime hours per year for an accountant should not exceed 120 hours. To calculate this figure, you need to know how many overtime hours can be worked per month.
How many hours of overtime are allowed per month?
Using the example of the previous section, it was determined that the processing limit for paired days cannot be more than 4 hours. In most enterprises, employees are involved in overtime work not constantly, but on a one-time basis. After all, if we take into account the permissible overtime of 120 hours per year, the average number of hours per month is 10. This means that specialists can stay overtime for only 2-3 hours per week. It is not for nothing that labor legislation provides for such regulations - normal duration work hours should remain within normal limits so that a person can recover and have time to rest.
However, situations are different, and some employers are forced to leave staff overtime not from time to time, but regularly. In this case, in mandatory you need to calculate the maximum number of overtime hours per year based on the total values by month. Calculations are performed based on data from time sheets, form f. T-12.
Example
Let’s say, continuing the example, for accountant Ivanova T.I. Overtime work is established on Tuesdays and Fridays in the amount of 3 hours. But such processing is not required for all months, but only for the second and fourth working weeks of the reporting periods, that is, for January, April, July and October. We will calculate whether the requirement of the stat. 99 on the limitation of annual overtime employment.
Number of overtime hours for 2017 = 12 hours (January) + 12 hours (April) + 12 hours (July) + 12 hours (October) = 48 hours.
Accordingly, the norm of the Labor Code of the Russian Federation that overtime work should not exceed 120 hours per year is fulfilled in relation to employee Ivanova T.I. The company does not violate the law in the field of labor legislation. Salaries are calculated in accordance with Stat. 152 TK.
Conclusion - in this article we figured out that overtime work cannot exceed 120 hours per year. When calculating, it is necessary to take into account the number of working days in a month and the limit on maximum processing in two days - 4 hours. Time is recorded in time sheets for each employee separately.
All overtime hours must be paid to the employee at time and a half, and then at double. The procedure for registering overtime and the specifics of calculating payment for overtime hours are discussed in detail in the article.
Expert opinion
Sobolev Dmitry
Looking ahead, we will say that the employer pays for the first 2 hours 1.5 hourly rate, and over the next hours i.e. for 3, 4, 5, etc. at double rate.
The definition of this concept must be approached from a legislative point of view. The answer is contained in the form of a specific definition recorded in the Labor Code. Recycling is defined as total time(measured in hours), during which the employee works more than the required hours. At the same time, involvement in additional work occurs only at the initiative of the employer.
Involvement in processing can be carried out both with written consent and without the consent of the employee. All possible cases in the same article of the Labor Code.
| subject to consent | without agreement |
| the need to complete work that was not completed on time due to technical and other objective reasons; it is obvious that failure to complete the work will lead to the risk of death of people and/or property, harm to health, etc. | eliminating the consequences of an accident, regardless of its causes ( technological disaster, human factor, natural elements) |
| technical, repair, commissioning work, failure to complete which may result in several workers losing their jobs | work to eliminate circumstances that could not be objectively foreseen, while their occurrence disrupts the normal operation of communication systems, transport, utilities (electricity network, water supply, etc.) |
| the need to continue activities in the absence of a replacement (in cases where it is impossible to stop production); in this case, the manager is obliged to as soon as possible find another employee who could replace the first one | work that is carried out under emergency conditions, other special regimes (anti-terrorist operation, martial law, etc.) |
At the same time, under any conditions, it is impossible to involve minors and pregnant women in additional work. There are also several categories of employees who can work overtime, but only at their own discretion:
- Women with children under 3 years of age (including guardianship and adopted children)
How processing is paid: legislative framework and calculation examples
When calculating the amount of payment for additional working time, you must proceed from the minimum requirements:
- for the first 2 hours you need to pay at the regular hourly rate, increased by 1.5 times;
- for all subsequent hours - with a 2-fold increase.
Thus, a fixed amount is not established, therefore, in the collective labor agreement and other internal documents, the employer can establish a different amount of payment, but it cannot be less than the rates described above.
Accordingly, before making compensation, the employer must determine the amount of the hourly rate. IN general case The average salary is divided by the standard hours, i.e. 160 hours per month. However, often this shortcut does not work - for example, in the case of receiving unequal salaries depending on the amount of work. Then you need to use the data on standard hours, which can be found in the production calendar.
The employee works a standard week, the total number of workers is 160 per month. His salary is 40,000 rubles. Then the average payment is 40,000/160 = 250 rubles/hour. On Monday he overworked 4 hours. Then for the first 2 hours you need to pay 2*1.5*250 = 750 rubles, and for the next 2 hours: 2*2*250 = 1000 rubles. In total, for 4 hours of processing in a row, you must pay 1,750 rubles.
In May 2018, the employee worked 190 hours and earned 50,000 rubles, and in June 2018 - 170 hours and earned 47,000 rubles. First, we determine the standard hours according to the production calendar: in May and June this is the same amount: 159 hours. Therefore, in May we have overtime of 190-159 = 31 hours, in June 170-159 = 11 hours. On average, an employee received per hour: in May 50,000 /190 = 263 rubles, in June: 45000/170 = 264 rubles. Let's assume that you only need to pay compensation at one and a half times the amount. Then for May 31*263*1.5 = 12229 rubles, and for June: 11*264*1.5 = 4356 rubles.
Expert opinion
Sobolev Dmitry
Administrative offenses lawyer, site expert
If the employment contract stipulates that the employee works irregular hours, overtime will not be considered overtime.
Compensation for additional time for rest
In this case, the employee may choose additional compensation instead of this compensation. free time. For example, when working at 8 o'clock, an employee may ask for an additional day off (if the shift lasts 8 hours). And with overtime at 3 o’clock, the employee can take time off, i.e. leave work early or come to work later.
It is important to understand that the choice between rest time and money only concerns the increased rate, i.e. the employer is in any case obliged to pay for overtime hours worked. This is done in one of two ways:
- If an employee requests compensation in the form of additional time, hours will be paid at a single rate (as usual) and additional hours/days of rest will be provided.
- If the employee is only interested in financial compensation, which means you should simply pay for the hours at the appropriate rate: 1.5 or 2 times.
Let’s assume that an employee receives 300 rubles per hour, and overworked 2 hours in a month. Then he needs to provide compensation of 300 * 1.5 * 2 = 900 rubles. Another option is that if an employee asks to be compensated with time for rest, the company is obliged to provide him with 4 hours of rest and pay him at the usual rate of 2 * 300 = 600 rubles.
Compensation for overtime at night, on weekends and holidays
In this case, it is necessary to take into account both compensation for overtime work itself, and for work at night, as well as on your own day off or on an official holiday ( New Year, Victory Day, etc.):
- For night hours you need to pay an additional 20% of the hourly rate (i.e. the regular rate is multiplied by 1.2). Night time is considered to be the interval from 22:00 to 6:00 (more precisely, up to 5:59 inclusive).
- For work on holidays and weekends, the rate increases by 2 times.
The employee worked 3 hours from 22:00 to 01:00, and also went on his day off for 2 hours. His regular hourly rate is 100 rubles. Then the following compensation is due: in the first 2 “night” hours: 2 * 1.5 * 100 * 1.2 = 360 rubles. And for the third “night” hour: 2*100*1.2 = 240 rubles. As for weekends, in this case double compensation is due: 2*100*2 = 400 rubles. total amount overtime pay: 360+240+400 = 1000 rub.
Limits on overtime hours
It is important to understand what limits are set for overtime. This matters both for the employee himself and for the company - all overtime must be recorded and paid, and the total amount of overtime cannot exceed the limit established by law (Article 99 of the Labor Code):
- maximum 4 hours for 2 consecutive days;
- maximum 120 hours per year.
For example, an employee works 2 hours on Tuesday and 2 hours on Wednesday. Therefore, on Thursday it is no longer possible to involve him in additional work. And on Friday he can work overtime again - for example, 3 hours. Then on Saturday he can stay at work for no more than 1 hour. The total number of such hours is limited to 120 for 1 calendar year.
Procedure for registering overtime hours
Each company must record all overtime hours, and the overtime itself can only be sporadic, since if employees are systematically involved in additional work, the labor inspectorate may become interested in this phenomenon.
The registration procedure looks like this:
