Is processing paid? Video: we register an employee's time off provided for work in the evening and night hours

Work until late in the evening, return home by taxi, because. the metro is already closed, and many of the other "joys" of processing are familiar. In some organizations, overtime is considered the norm. What should an employee do in such a situation who does not want to devote all his time to work, and what does he say Labor Code about recycling?

Related materials:

the worker is unable to do his job
the employee has problems with the distribution of his time (the so-called time management), and he cannot distribute the work in such a way as to complete it before the end of the working day
wish or requirement of management

The latter will be discussed.

Leader's wish or requirement

Spending all the time in the office, especially when there is a family, is unacceptable for many employees. Although such work may be a wish, and sometimes a direct requirement of the leader, you need to watch your interest. Employees - they are not robots, they have their own life apart from office duties. And of course, overworking is by no means 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 work 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 silent. The situation becomes especially difficult if the employee likes the job and does not want to quit.

What to do? Politely "swing rights" and ask for either compliance employment contract, if it stipulates the length of the working day, or about compensation for overtime work. Moreover, the Labor Code contains norms on the basis of which this can be done.

Communication with superiors

Before going to the authorities, re-read your employment contract, maybe there is a clause about processing.

Review your job description. Maybe you have been given additional responsibilities beyond those described in the instructions, and you are actually working for yourself and "for that guy."

Before communicating with management, consider the reasoning for your position. This is necessary to get your point across and get what you want, not get fired.

Simple arguments like "I'm getting tired" and "Pay me for overtime" are ineffective because it is not clear from them that work in the company is interesting for you, and your activity is productive. In addition to stating the very fact of unwillingness 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, rush jobs or checks. And if you are asked to linger, then you should not immediately swear, especially if overtime is not a common thing in the company. However, you should immediately stipulate compensation for overtime work.

In a conversation about compensation, knowledge of the TC will help you.

TC: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 length of working time 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 emergencies at work, as well as the performance of unforeseen work, on the urgent implementation of which depends further work the organization as a whole or its individual units.

The Labor Inspectorate responds to workers' complaints about unpaid overtime. In the event that the employer cannot be compensated for overtime work, contact the inspection.

Overtime must not exceed 4 hours on two consecutive days or 120 hours per year. It is the employer's responsibility to ensure that overtime hours are 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, and for the following hours, as well as forced work on weekends and non-working days. holidays, - not less than double the size. 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).

Overtime may be waived if:

pregnant
underage workers (except for creative professions)
disabled people
women with children under the age of three.

Processing with shift schedule

In accordance with Article. 103 of the Labor Code of the Russian Federation, an organization can establish a shift mode of operation, when "the duration production process organization exceeds the allowable duration of daily work, as well as in order to more effective use equipment, increasing the volume of products or services rendered.

At the same time, employees should be familiar with the shift schedule that regulates the issues of starting and finishing work, the duration of breaks for rest and meals, the procedure for transferring workers from one shift to work to another, etc.

The shift schedule must be communicated to 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 on a schedule on Saturday and Sunday, they are paid the usual salary (). If an employee was recruited to work on a day that is not defined in his schedule as a worker, the organization is obliged to accrue remuneration in an increased amount of at least twice the usual amount.

Processing by pieceworkers

Under the piecework 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 extra for each hour of processing: for the first two hours - at least 50% of the hourly wage rate, and for each subsequent hour - at least 100% of this rate.

The Labor Code contains norms regarding the length of time of work at the enterprise. For 2018, the value of such a norm corresponds to 40 hours per week. However, situations often arise when it becomes necessary to stay at work. (about what compensation is due for the delay wages read). This is overtime for which processing pay is due. Such work beyond the allotted time is regulated by law and payments are laid in an increased amount. How exactly processing is calculated, what exactly relates to it, will be discussed in this article.

What payments are due for processing on weekends and holidays?

Weekends and holidays are legitimate times to take a break. However, it may be necessary to call an employee on a holiday or weekend. Sometimes an employee may even be called back from vacation to work. There may be such exceptions, but such work must be additionally paid.

Payment for work on holidays and weekends is doubled:

tariff rates - hourly or daily;
piece rates;
single rates based on salary.

The conditions for compensation for work on holidays and weekends are prescribed in the contract. The employee may also request additional days off in lieu of monetary compensation.

Payment for overtime hours with summarized accounting of working time

Payment for overtime hours in the case of summarized accounting is made based on the calculation of the number of hours worked in excess of the norm. Summarized accounting is carried out for the accounting period of time. After determining the number of days and hours that the employee has worked over the established time schedules, the calculation of the amount of compensation is made.

In this case, the application of the coefficient is relevant, and the calculated hourly payment is taken as the basis. It must be multiplied by the coefficient that was established by law. For the first two hours of processing, he makes one and a half salary, for the rest of the period payments are made in double the amount.

Overtime pay for shift work

Shift work implies the possibility of additional payment for overtime work using hourly tariff rates, and the established salary may also be taken into account. For hourly wages, multiply the hourly rate by the amount of time worked to calculate the compensation amount.

With the salary payment system established for the employee, the salary is the same every month and first you need to determine the amount of hourly pay. Payment for processing during a 12-hour work shift in excess of the shift rate is carried out on a general basis.

Eligible payments for over 120 hours of work per year

The normal amount of time allowed for overtime is a maximum of 120 hours. The legislation 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 the inspection. If the employee exceeded this norm, then payment is made in an increased equivalent in accordance with standard provisions.

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 consent of the employee is required, and his work is paid at an increased rate.

Spending more time at work, especially when the family is waiting at home, great amount people who cannot afford.

But, unfortunately, often, this is a direct requirement of the director.

Often, it is used during a period of urgent work or reporting.

It is not planned in advance, it is rather a forced measure.

Such work is done by a person at the behest of the employer.

It is always above the limits of established norms, therefore it must be documented.

Employees often have to work overtime. Therefore, it is important for them to know: how much overtime is acceptable, and whether overtime work is considered mandatory.

It should be understood that overtime, by law, should not be more than four hours, during two consecutive days, or one hundred and twenty hours, for the reporting year. The enterprise must keep accurate records of this type of time of all employees of the enterprise.

For drivers Vehicle, for example, for which the summarized accounting of working time is always kept, the sum of the main time and the overtime cannot exceed twelve hours. The exception here is the need to complete the trip or waiting for a shift.

Which employees cannot be involved in overtime work

Not all people can be involved in processing by law.

These types of work are not allowed:

women who are expecting a baby or who are under three years of age
people under the age of eighteen
students on the job, during study hours
persons with a recognized disability

Women with three-year-old babies and disabled people can perform this type of work by writing consent, in the absence of medical contraindications. The same applies to a single parent raising a child under the age of five.

And also, to employees with children who have a recognized disability or to persons caring for sick family members.

When the employer needs the consent of the employee to engage in work in excess of the norm

The employer is not always required to take consent on involuntary overtime with. The legislation provides for other cases.

Mandatory consent of the person to leave overtime in a number of cases:

due to a delay in production, the employee did not complete his scope of work on time, and stopping the process will endanger people's lives or may lead to damage to property
if there are malfunctions in the equipment, due to which the work process will stop for a large number of people
the shift has not arrived, and it is impossible to stop the process

In the above situations, the employee is not required to agree to go to work in excess of the norm. In refusal, it is not regarded as a violation.

Consent to the processing of hours, in writing, is not required in the following cases:

work carried out during a disaster, or liquidation of its consequences
labor associated with the elimination of accidents of any type of centralized supply
related to the threat of human lives

Documentation and responsibility

Incorrect record keeping of overtime is punishable by administrative penalties (sanctions, temporary suspension of the enterprise):

guilty individual- from one thousand to five thousand rubles
legal entities are punishable by thirty to fifty thousand rubles

In accordance with the labor code, processing is paid on the basis of an agreement between the employee and the employer and the corresponding order. At the time of employment, it is imperative to familiarize yourself with this item.

At the request of the employee, compensation for overtime work can be received in the form of time off. Without the will of employees, the employer has no right to act independently.

Reworked time must be properly documented.

Sometimes it is required to write a memorandum addressed to the director, which indicates the need to attract people to work beyond the allotted time. Next, you need to notify the employee about the exit to workplace by sending a notification addressed to him or you can familiarize him with the report.

Then an order is issued to go to work beyond working hours. There is no approved form for this document. It is at the discretion of the organization.

It must contain the reasons for the overtime, whom and when it is necessary to involve in labor. Such an order is drawn up for each type of processing separately.

Overtime payment

The Labor Code on overtime states that the employer must pay overtime for the first two hours of hours worked in one and a half times, and for the next time - in double.

If the organization has a higher pay for this type of work, this is prescribed in the employment contracts of each employee or possibly in collective documentation.

In addition, you can get a day off for overtime. In any case, the choice is always with the employee, not the employer.

If the overtime falls at night, night time is additionally paid (according to the law, it should not be less than twenty percent) and separately processed hours.

If they fall on a weekend or public holiday, they will only be produced here in double size. Such work with a shift schedule is compensated to employees based on the excess of the standard for the accounting period with a summarized accounting of work time.

In the case of payment for this type of work, it is better to draw up an appropriate detailed accounting statement calculation. This will help organize the data process.

You can learn about what is written in the Labor Code about overtime pay from the video:

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More on this topic:

Olga, your relationship with the employer is regulated by the Labor Code of the Russian Federation or an employment contract concluded with him, the terms of which cannot contradict the Labor Code of the Russian Federation.

So, in accordance with the Labor Code of the Russian Federation: Working time- the time during which the employee, in accordance with the rules of internal
labor regulations and the terms of the employment contract must fulfill labor
duties, as well as other periods of time that, in accordance with this
Code, others federal laws and other regulatory legal acts
Russian Federation refer to working time.

Normal
working hours may not exceed 40 hours per week.

The employer is obliged
keep a record of the time actually worked by each employee.

The employer has
the right, in accordance with the procedure established by this Code, to involve an employee in
work outside the working hours established for
this employee in accordance with this Code, other federal
laws and other regulatory legal acts of the Russian Federation,
collective agreement, agreements, local regulations, labor
contract (hereinafter referred to as the duration of the working
time):

for overtime
work (Article 99
of this Code);

if the worker
works on irregular working hours (Article 101
of this Code).

Overtime work
- work performed by an employee at the initiative of the employer outside
working hours established for the employee: daily
work (shift), and with the summarized accounting of working time - in excess of the normal
number of working hours for the accounting period.

attraction
the employer of the employee to work overtime is allowed with his written
consent in the following cases:

1) at
the need to complete (finish) the work begun, which, due to
unforeseen delay due to the technical conditions of production could not be
performed (completed) within the duration established for the employee
working time, if non-fulfillment (non-completion) of this work may entail
damage or destruction of the property of the employer (including the property of third
persons who are with the employer, if the employer is responsible for the safety
this property), state or municipal property, or create
threat to human life and health;

2) in production
temporary work on the repair and restoration of mechanisms or structures in those
cases where their failure may cause the termination of work for
a significant number of employees;

3) to continue
work in the absence of a replacement employee, if the work does not allow a break. AT
In these cases, the employer is obliged to immediately take measures to replace the shift
another worker.

attraction
the employer of the employee to work overtime without his consent is allowed in
following cases:

1) during production
works necessary to prevent a catastrophe, industrial accident or
elimination of the consequences of a catastrophe, industrial accident or natural
disasters;

2) in production
socially necessary work to eliminate unforeseen circumstances,
disrupting normal functioning centralized systems hot
water supply, cold water supply and (or) water disposal, systems
gas supply, heat supply, lighting, transport, communications;

(as amended by the Federal Law
dated 07.12.2011 N 417-FZ)

3) in production
work, the need for which is due to the introduction of an emergency or military
position, as well as urgent work in emergency situations, then
eat in case of disaster or threat of disaster (fires, floods, famine,
earthquakes, epidemics or epizootics) and in other cases that endanger
life or normal living conditions of the entire population or part of it.

In other cases
involvement in overtime work is allowed with the written consent of the employee
and taking into account the opinion of the elected body of the primary trade union organization.

Not allowed
involvement in overtime work of pregnant women, workers under the age of
eighteen years old, other categories of employees in accordance with this Code
and other federal laws. Involvement of disabled people in overtime work,
women with children under the age of three are allowed only with their
written consent and provided that it is not prohibited by them by state
health in accordance with a medical certificate issued in accordance with the procedure
established by federal laws and other regulatory legal acts
Russian Federation. At the same time, disabled people, women with children under the age of
three years, must be familiarized with their right to refuse
overtime.

Duration
overtime work should not exceed 4 hours for each employee during
two consecutive days and 120 hours a year.

The employer is obliged
Ensure accurate records of overtime for each worker.

Please note that involvement in overtime work must occur at the initiative of the employer - this is what the law says. If you come to work earlier on your own initiative, then there are no violations here. If you are obliged to come there, then you must be paid for overtime work, provide additional days off, etc. in accordance with the Labor Code of the Russian Federation.

There is no concept of processing in the Labor Code of the Russian Federation, there is only overtime work. If there is no order from the head of the organization that you must come at such a time (earlier), then you can come on time according to the work schedule.

Don't forget to rate the answer. Good luck!

For all employees of organizations. The norms of such duration are enshrined in the Labor Code in Article 91. Not every activity can be carried out in the standard manner - 40 hours a week. For shift and shift workers, the calculation can be made not in days, but in months and quarters.

The maximum duration of work is established in order to limit the burden that the employer places on employees. The law obliges the employer to pay for the time that the employee has worked in excess of the established limits, or to replace him. But not everything that is worked out in excess of the established limit can be considered processing. So, when does a person have the right to count on additional payment for the work done and the personal time spent, and when is this impossible? And how is processing paid according to the Labor Code?

For record keeping, special time sheets have been developed that allow you to make daily notes about the presence or absence of an employee.

This document is maintained in a sequential manner:

Its beginning is always timed to the first day of the month, and the end to the last calendar day the same month.
The form is lined with lines and columns that allow you to take into account the time worked by each person by name.
To fill out the time sheet, an abbreviated letter code is used, which allows you to make a mark in it.
Based on the completed schedule, at the end of the month, a total calculation of the hours worked is made and counted.

The report card should reflect all the nuances of the period worked, whether they relate to standard work or processing.

What is overtime?

Not all hours spent at work in excess of the established limit are considered processing. If an employee has extended his working day on his own initiative, or he does not have time to complete his own within the hours allotted to him, then this period cannot be attributed to overtime. Today, many employees have the opportunity to adjust their work schedule to their personal preferences and have the opportunity to work when it is convenient for them. How, then, can processing be calculated in this case?

According to the law, overtime is considered to be those works that have the simultaneous presence of the following items:

The worked period is not included in the general working regime. Please note that the work schedule is established for each organization in individually. In some enterprises, there are several different routines at once, for example, office workers and those who work in shifts in production. The individual schedule is specified in the contract concluded upon employment.
The initiator was the employer himself.
There is documentary evidence of the fact that the person was called to work at the request of the management. Each overtime work must be issued by order, with the exception of force majeure.
Hours worked overtime must exceed the scheduled period. Accounting is kept for a certain period of time, for example, a week, a month or a year.

If one of the conditions is not met, then payments may not be made.

One of the most frequently overlooked points is the registration of recruitment. Often, the employer verbally expresses a request for some kind of assistance, and subsequently it is not possible to prove the fact of the work performed without documentary evidence.

Overtime pay

Must be compensated by the employer. Compensation can be of two types:

In terms of money.
In the form of providing another day of rest in return for the worked one.

At the same time, the Labor Code of the Russian Federation in Article 152 stipulates the fact that the choice always remains with the employee, and should not be the desire of the organization's management.

Payment for processing under the Labor Code is made according to the following grid:

The first two hours worked are counted as 1.5 hours.
Subsequent hours are paid double.

This grid does not apply to the total volume for the month or for the year, but for the overtime worked in one calendar day. If an employee worked in excess of the prescribed 4 hours for two days in a row, then he will accordingly receive 4 in 1.5 size, and 4 in double size.

Payment for processing should also provide for those legislative norms that cannot be exceeded when assigning overtime work. Article 99 of the Labor Code of the Russian Federation stipulates the norms for the number of overtime hours that can be paid:

no more than four hours within two days in a row;
a maximum of 120 hours per year.

The maximum figure does not mean at all that it is no longer possible to work overtime, but it determines that just so much can be paid in money, and the rest must be compensated by rest on other days.

Providing rest in exchange for payment

Article 152 of the Labor Code on processing indicates the possibility for an employee to refuse to receive increased pay in monetary terms and receive rest in return for hours worked.

The rest provided in terms of its volume should correspond to the period worked out over the norm, or, at least, not be less than it. Simultaneously with the employee, payment for hours worked should be accrued, but at the usual, not increased rate. Choosing a day off, the employee receives both payment for the period worked in excess of the norm and rest corresponding to the worked period.

The management of the organization should not forget that there are special categories of workers who cannot be involved in work beyond the prescribed.

The groups of persons who are prohibited from processing are listed in Article 99, they include:

Minor citizens.

But those with disabilities and children under three years old can be involved in such work, but only with their consent, which was obtained in writing. In addition, it is important that these categories do not have documented medical restrictions for such involvement.

Arbitrage practice

The Severodvinsk city court of the Arkhangelsk region considered the case, which deals with processing unpaid by the employer. The plaintiff applied to the court statement of claim in which he expressed his desire to receive cash payments for hours worked in excess of the prescribed hours, which were summed up during the year and amounted to 94 hours. Leadership of the military unit to make payment or compensate given time otherwise refused.

During the hearing, the following facts were revealed:

Previously, a 36-hour work week was established in the military unit. The final calculation of the worked period was made by summation for the month.
Then the management decided to change the previously established norm and raised this norm to 40.
According to the law, additions were made to the contracts, indicating the changes.
Plaintiff disagreed with established norm and refused to sign the addendum.
Despite this, the accounting department began to keep a new count of hours worked.
As a result of such inconsistencies, the management of the organization did not consider that the applicant had overtime hours and, accordingly, did not compensate them in any way.

When considering all aspects of the declared, a comprehensive audit of the specified military unit was carried out. The audit confirmed the information provided by the applicant.

The judge ruled that the employer was wrong and obliged to pay the entire specified processing period. In addition, the plaintiff requested moral compensation, which was also approved in court.