Are night ones included in recycling? What kind of overtime can there be with a shift schedule?

By definition, overtime or overtime refers to work that was performed by an employee in the hours following the end of the working day. however, it is necessary that it be carried out by the decision of the employer. If an employee remains at the workplace on his own initiative, then the hours of such work are not considered overtime.

The working day itself is of such length that in the end the total number of hours worked during the week does not exceed forty. This is due to the fact that 40 hours a week is the norm for all workers. Any time beyond this is considered as overtime.

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 and in this case may require rework- even in addition to 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 the employee cannot work more than 40 hours within a month. Therefore, for such enterprises there is a concept of accumulated time, which means that employees work during a week more than required by law, but this compensated by shorter operating hours 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 accumulated 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, for workers of such industries there is a reservation, according to which the accounting period for them can still also be extended for the year.

This is allowed if there are grounds for this in the form of seasonality or technological reasons, as a result of which it will not be possible to fulfill the norm on the maximum duration of working time for a certain three months, that is, a quarter.

Labor standard

The general rule, which also applies to a shift schedule, is that an employee can have overtime during the year, the total duration of which does not exceed 120 hours. In addition, on two consecutive days, the total processing time cannot exceed four hours.

Features of payment for work

With a shift schedule, wages can be paid in two main ways, namely:

at a certain tariff rate per hour;
based on the salary assigned to the employees.

The first option sets the rate that an employee receives per hour of work at the enterprise. Next, the number of hours he worked is determined; this is done on the basis of a time sheet in which such information about all employees is entered. After that these quantities are multiplied by each other. Moreover, if he worked more than the norm, then he is paid more for the additional hours than for those that constitute the norm.

In the case where the salary base is salary, the staff must work a certain amount of time. If an employee has worked fewer hours during the month than is required, then the payment to him is reduced compared to the assigned salary in proportion to the amount not worked. On the contrary, if he worked beyond the time required to receive his salary, then he is also paid extra.

If employees work on a shift schedule, then situations when they have to overwork or work at night become noticeably more frequent. It’s not uncommon for a certain employee’s hours to end and his replacement not to show up. In such a situation, the first employee often has to continue working, since in some cases it is impossible to leave the workplace without a replacement. Of course, in such a situation additional payment for overtime work is required.

Recycling calculation rules

Overtime during a shift schedule should be determined from the time sheet and calculated based on the information entered in it. An enterprise is required to maintain such a document, while its form is developed by an individual company for itself; there is no mandatory template for this document.

The timesheet must include:

information about the length of working hours of employees during a certain shift;
the time they rested;
how the shifts were rotated.

In a similar way, the company calculates how long employees have worked. If it turns out that the total duration of the shift exceeded the norm, then the amount of time by which this duration exceeds the norm is considered overtime. You must pay the increased rate.

It has been established that an employee has the right to receive:

one and a half rates for the first two hours that he worked overtime;
two rates for all subsequent hours that he worked overtime.

These overtime compensation rates are considered minimal. The employer does not have the opportunity to reduce their size. At the same time, it is quite possible to increase it. It can be installed:

a local regulatory act (order) issued by the employer, both specifically dedicated to overtime pay and wages in general;
collective agreement;
an employment contract concluded specifically with this employee

Calculation example

Employee Aventyev G.O. works in two shifts, which are 12 hours each. One of them, daytime, lasts from 8 a.m. to 8 p.m., the second, night, from 8 p.m. to 8 a.m.

Standard working week length for Aventiev G.O. is forty hours, his salary is 32 thousand rubles. In November, he was involved in overtime work, which occurred on November 9, when he worked 4 hours after completing the day shift, and on November 12, when he worked 2 hours after the night shift.

At the same time, the additional payment at night in this organization is set at 40%, which is higher than the minimum compensation of 20% by law. In accordance with the production calendar, the standard working time for a given month for Aventiev G.O. equal to 176 hours.

In this case, the hourly part of his salary is equal to:

32000 / 176 = 181.8 rubles.

Night hours are considered to be the hours from 10 pm to 6 am.

On November 9, after finishing his shift at 20:00, Aventyev worked another 4 hours, respectively, 2 hours of overtime fall on night time. Thus, in the last two hours he receives double the salary, as well as an increase of 40%, and in the first two hours - one and a half salary. It is necessary to add up compensation for overtime and for night work.

(181.8 * 1.5 * 2 hours) + (181.8 * 2 * 2 hours) + (181.8 * 2 * 0.4) = 1418 rubles.

Of this, he will receive 145.44 rubles for the night shift.

After the night shift, Aventiev worked only two hours overtime, which did not already fall on the night shift, for them he will receive an additional payment of one and a half times.

181.8 * 1.5 * 2 = 545.4 rubles.

Summing up these indicators, you can get 1963.4 rubles of overtime.

Is compensation possible in the form of an additional day of rest?

This option is allowed; if an employee has worked for additional time, then he has the right to appeal to the manager with a request to provide him with an additional day off or rest time instead of increased pay. Such time cannot be shorter than processing. Usually it is equal in duration, but it can also exceed the overtime time at the discretion of the employer.

In this case, by default it is set that the employee is paid overtime. For this reason, in order to receive an extra day off or hours, he must draw up an application on his own initiative. In this case, the employer has an obligation to satisfy him.

At the same time, the time during which the employee will rest, must be agreed with the management of the enterprise. It is not allowed for staff to arbitrarily set the day when they will rest or such hours.

The time off that the employee was given for overtime is deducted from the norm of his working time. Therefore, the employee’s salary due to him for the month in which he decided to take time off does not decrease.

It is allowed to record in the timesheet the day provided as a day off for overtime, code assigned for the weekend.

At the same time, it makes sense to enter your own code for compensatory hours instead of overtime, for example, at 2 hours.

Registration of such time off is carried out in different ways, taking into account the time when it was determined that the employee from whom overtime is required prefers compensation in the form of extra free time. If this was known when the order was issued to involve personnel in overtime work, then this choice is also attributed in this document and no additional documentation is required.

If such a decision of the employee became known after the issuance of this order, or the involvement in overtime was not formalized at all in the proper form, then a special order is required to be issued, which orders the employee to be given a day or hours of rest. The form of such paper is free; any enterprise can draw it up in its own way. It is necessary to familiarize the employee with it, who must sign it.

Finally, some employers prefer not to complete any paperwork at all. In this case, the time is formally marked as worked, but in reality the employee is not in his place. This option is fraught with the fact that if an accident occurs to an employee during such a period, it will be possible to hold the enterprise accountable, since such an incident will formally be considered a violation of labor safety standards.

Here is an additional comment on how to properly process overtime pay.

Overtime work - Labor Code of the Russian Federationclassifies it as a type of work for which increased compensation is due. The article discusses the features of calculations for after-hours overtime.

What is included in overtime working time?

This depends on the form adopted by the enterprise for recording hours worked. It could be:

daily - the standard hours of work are established for each working day;
weekly - standard hours are considered as a week;
summarized - to calculate the standard working time, a period of more than a week is taken - a month, a quarter, a maximum of a year (Article 104 of the Labor Code of the Russian Federation);
shift - hours for a period are distributed into shifts that may exceed daily standards (Article 103 of the Labor Code of the Russian Federation).

Read more about working time tracking in the article .

IMPORTANT! The operating hours may not be standardized (Article 101 of the Labor Code of the Russian Federation). Then periodic involvement in work during hours when other employees are on rest is not considered overtime work.

Time worked in excess of the standard includes:

daily - hours in excess of those set for the day;
weekly - hours in excess of those established per week;
summarized - hours in excess of the standard specified for the period; in this case, the calculation is made only at the end of the period;

in shifts - the shift schedule is drawn up in such a way that it already includes processing in excess of the standard according to the production calendar.

Example 1

The cook works on a 2/2 schedule, 12 hour shift. According to the schedule, there are 15 shifts per month - 180 hours. There are 22 working days in a month, the standard hours according to the Labor Code are 176. That is, overtime is 4 hours.

The duration of extracurricular work should not exceed the standards

Art. 99 of the Labor Code of the Russian Federation establishes standards for the maximum duration of overtime work. Overtime work should not exceed:

4 hours for 2 days in a row;

120 hours per year.

Payment for overtime work according to the Labor Code of the Russian Federation in 2017

Overtime work is paid in an increased amount under Art. 152 Labor Code of the Russian Federation. It establishes the minimum sizes of increasing coefficients for payment:

first 2 hours - 1.5;
all subsequent ones - 2.

IMPORTANT! Work on holidays is paid in full at double the rate. On these days, increasing coefficients are not applied again.

By agreement with employees, payments for overtime hours may be more, but not less.

To apply surcharge coefficients by hour, it is necessary to determine the cost of 1 hour. There are 2 options:

according to standard working hours (in the production calendar);
by average number of working hours during the period ( letter of the Ministry of Labor of Russia dated 08/09/2002 No. 1202-21 ) .

Now you should calculate the cost of 1 hour (tariff) with coefficients of 1.5 and 2.
Include in calculation:

the first 2 hours at a cost with a coefficient of 1.5;
remaining hours - with a factor of 2

Example 2

The employee was delayed at work by order of the manager:

His working time is calculated on a daily basis. The employee's salary is 32,000 rubles.

The accountant made a calculation based on the standard hours in February:

32,000 / (17 × 8 + 7 (02/27/2017)) = 223.77 rubles.

223.77 × 1.5 = 335.65 rubles;

201.26 × 2 = 447.54 rubles.

Hours at 1.5 rate: 2 + 2 + 1.5 = 5.5

Hours at rate 2: 1 + 0.5 = 1.5

Total additional payment to the employee for February:

335.65 × 5.5 + 447.54 × 1.5 = 2517.33 rubles.

IMPORTANT! In the summarized form of accounting, overtime hours are not distributed for each day. The first 2 hours in a period are counted as 1.5 and all the rest as 2 (letter of the Ministry of Health of the Russian Federation dated August 31, 2009 No. 22-2-3363).

Payment for overtime hours on a shift schedule

Special methods for calculating overtime for shifts have not been established. This raises questions when calculating.

Example 1 (continued)

The employee worked 15 shifts (12 hours) and on his day off, on the last day of the month, he replaced another employee for 1/2 of the shift. In total, he worked 186 hours at a rate of 176 working hours per month. The rate per shift is 2,400 rubles.

Tariff for 1 hour: 2,400 / 12 = 200 rub.

200 × 1.5 = 300 rub. (first 2 hours)

200 × 2 = 400 rub. (subsequent hours)

The question is how to count these hours. The last day of the month was a day off for the employee, that is, overtime is already on schedule - that’s 4 hours, of which 2 are 300 rubles each. and 2 for 400 rubles. How should 6 hours of replacement be counted? 2 for 300 and 4 for 400 or all 6 for 400? There is no clear answer to this question in the laws.

Within the meaning of Art. 152 of the Labor Code of the Russian Federation, the requirements are the same for any type of overtime payments. If there are no internal company standards, it is better to prefer the option: 6 to 400. This will coincide with the conclusions of the courts in salary disputes.

Thus, the additional payment for overtime will be:

2 × 300 + 8 × 400 = 3,800 rub.

Results

Calculations for time worked in excess of standards is a technically complex process that is not entirely clearly supported methodologically, so it should be additionally organized:

determine the form for calculating the rate for 1 hour (for example, enter it into an employment contract);

Read more about drawing up an employment contract in the article .

establish an internal company standard for calculating additional payments for overtime hours, in accordance with the norms of the Labor Code of the Russian Federation and clarifications of the relevant departments.

The organization uses summarized working time tracking. The accounting period is 1 year. The employee worked 2120 hours during the year instead of 1970 hours. Can we pay overtime for 120 hours and provide additional days off for the remaining 30 hours? How to pay for processing correctly? And how to formalize this correctly?

Indeed, the essence of the summarized recording of working time comes down to the fact that the permissible number of working hours or the standard working time is determined not for one day or week, but for the accounting period as a whole. In this case, the accounting period is a year. In other words, the standard working hours, in accordance with the shift schedules approved by the organization, should be 1970 hours.

By the way

The absence of a shift schedule in an organization or leaving an employee at work for two shifts in a row are classified by labor inspectorates as administrative offenses. Responsibility for such actions is provided for in Art. 5.27 Code of Administrative Offenses of the Russian Federation.

From the above it follows that the employer must organize the work process so that the standard working time is worked by the employee during the accounting period. However, in each month of the accounting period, the duration of work may vary. The main thing is that it is balanced within the accounting period.

In practice this means the following. The standard working time according to the production calendar for 2014 with a 40-hour work week is 1970 hours. In case of summary accounting, shift schedules must be drawn up in such a way that there is no overwork (or shortfall) of the established working hours. But in each specific month of the accounting period, working hours according to the established schedule may differ from the monthly time norm.

For example, the standard working time for March 2014 according to the production calendar is 159 hours; working time according to the established shift schedule can be either more or less than the specified monthly norm. The main thing is that during the accounting period the time according to the shift schedule established in the organization does not differ from the norm. The actual working time of a particular employee may not coincide with the schedule (the employee fell ill or, conversely, replaced an ill employee).

If during the accounting period the actual time worked is more than that established according to the schedule, that is, more than 1970 hours, then, in all likelihood, we are talking about overtime hours of work.

In the case where the employee actually worked 2120 hours instead of 1970, it is obvious that there were circumstances forcing the employer to involve the employee in additional work outside of the schedule. Moreover, the amount of time actually worked exceeds the established norm by 150 hours (2120-1970).

Pay attention!

If the employer has already included overtime hours when drawing up the schedule, this is a violation of the requirements of labor legislation (Article 99 of the Labor Code of the Russian Federation).

The specifics of payment for overtime work are set out in Art. 152 Labor Code of the Russian Federation. If an agreement is reached on payment for overtime work, the first two hours are paid at least time and a half, and all subsequent hours at least double the rate (Article 152 of the Labor Code of the Russian Federation). An increased amount of payment may be established:

local regulatory act of the organization;
collective or labor agreement.

With summary accounting, work on holidays is included in the monthly standard of working time that the employee must work. In this case, double payment is accrued for hours actually worked on holidays. After the end of the accounting period, when calculating overtime hours, work on holidays performed in excess of normal working hours is not taken into account, since it has already been paid double (decision of the Supreme Court of the Russian Federation dated November 30, 2005 No. GKPI05-1341, Resolution of the Presidium of the All-Union Central Council of Trade Unions dated August 8, 1966 No. 465/P-21 “On approval of Explanation No. 13/P-21 “On compensation for work on holidays””).

Pay attention!

Payment for overtime work is made at an increased rate even if the employee is involved in work in excess of the maximum permissible number of hours of overtime work. In this case, the employer’s violation of the requirements of the Labor Code of the Russian Federation should not affect the implementation of the employee’s right to payment for overtime work (letter of the Ministry of Finance of Russia dated May 22, 2007 No. 03-03-06/1/278, Federal Tax Service of Russia dated September 23, 2005 No. 02- 1-08/195@).

In other words, overtime work must be paid at an increased rate, regardless of whether the procedure for attracting overtime work is followed.

Thus, labor legislation provides for the employer’s obligation to pay an increased amount for the work of an employee involved in overtime work in violation of the restrictions established by Art. 99 Labor Code of the Russian Federation.

According to Part 6 of Art. 99 of the Labor Code of the Russian Federation, the duration of overtime work should not exceed 4 hours for each employee for two days in a row and 120 hours per year. Involvement in overtime work above the specified limits is a violation of labor legislation, for which the organization can be brought to administrative responsibility in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.

At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime (Article 152 of the Labor Code of the Russian Federation). The conditions for providing the specified rest time must be determined in a collective agreement, a local regulatory act or an individual act on involving an employee in overtime work.

Pay attention!

Replacement of increased pay for overtime work with additional days off is possible only within the accounting period.

Transferring additional days off to the next accounting period is not allowed, since this actually means extending the accounting period compared to its duration established by the internal labor regulations of the organization.

Thus, the issue of choosing compensation (payment or rest) can be resolved when drawing up an order to involve an employee in overtime work or after he has completed such work, but within the accounting period established in the organization.

Working overtime is considered one of the options that allows you to earn extra money and earn additional income. Sometimes bosses offer to stay at work after hours in order to complete a previously assigned task. Many gladly agree, knowing that this will bring them a possible additional payment. The employer does not have the right to abuse such offers according to the Labor Code of the Russian Federation, violation of which is accompanied by financial penalties in the form of fines imposed on the enterprise.

The Labor Code of the Russian Federation is aimed at protecting workers' rights. It includes articles that regulate work beyond normal hours and prohibit employers from applying increased loads to their employees, which allows them to maintain their health.

The Labor Code of the Russian Federation has a separate chapter devoted to determining working time standards. Article 91 of the Labor Code of the Russian Federation states that with the usual organization of working time, the amount of hours worked cannot be more than 40 with a 5 or 6 day work week. If an employee has exceeded the time standard established in labor legislation, then all overtime hours are paid.

It is noted that overtime is work in which an employee is used by superiors in excess of the statutory hours approved by law. The initiative for such a presence in the workplace must necessarily come from management and have good reasons for it. Employees can be used for overtime work only when the consent of each of them has been obtained in writing. It is also necessary to have the approval of the trade union body of the enterprise.

The grounds on which it is possible to withdraw workers beyond standard hours may be as follows:

The completed task must be completed within certain strictly established deadlines, failure to comply with which may result in loss or damage to the employer’s property and property.
If a break in work can lead to the creation of situations that pose a threat to health or even death, then there is a need to continue the previous actions taken. Previously planned activities were disrupted due to unforeseen circumstances and technical reasons.
Carrying out repairs and restoration of a building or equipment, which may subsequently lead to downtime for a significant number of employees.
If production is continuous and a shift worker does not show up, the employer may ask the employee to stay at work for a while. Management does not have the right to leave him on the full 2nd shift. Arrangements must be made to find an alternative solution.

There may be circumstances in which hiring employees to work overtime does not require their consent:

In the event of accidents or disasters at work to eliminate their consequences.
Employees of such areas that are vital for a large number of the population when the normal existence of people is disrupted: water supply, gas supply, electricity supply, heating, transport, communications.
In the event of emergencies, military situations or disasters associated with natural disasters, as well as fires, famine or epidemics.

Video - Overtime payment for summarized working hours

Who is prohibited from engaging in overtime work?

pregnant women;
minor citizens;
workers with hazardous working conditions;
disabled people of groups 1 and 2;
women who have children under 3 years of age.

The last two categories, if necessary, can be withdrawn during additional hours, but they must sign 2 documents. The first is their consent to processing, and the second is that they have every right to reject such an offer.

Time standards for different categories of workers

Any enterprise maintains standardized records of the time worked by each employee. Overtime is usually calculated by comparing the number of planned hours for a certain period and the hours that were actually worked. Usually a month is accepted for calculations, but a quarter or even a year is possible.

For minors under 16 years old - a 24-hour week, from 16 to 18 years old - a 35-hour week.
Under special working conditions associated with danger and harmful to health, a 30 or 36-hour week is approved.
For all other employees, the week is set at 40 hours.

Temporary restrictions on overtime hours

Legislatively defined restrictions on the use of workers overtime. The employer has the right to involve an employee in additional work for no more than 4 hours. Moreover, this should not happen more than 2 days in a row.

Every year the government of the country approves a production calendar, which sets standard hours for all categories of workers. The management of the enterprise must ensure that employees working shifts do not overwork more than 120 hours per year. If such a situation occurs, penalties will be imposed on the organization. According to Article 5.27 of the Administrative Code, for each violation, an official will be punished from 1,000 to 5,000 rubles, and an enterprise - from 30,000 to 50,000 rubles. It is possible to suspend the organization's activities for up to 90 days.

Important! In case of violations by the employer, an employee who overworks more than 120 hours must receive full compensation for it.

Registration of overtime

There is no strictly established form for recording overtime hours. The following processing methods are recommended:

The written notice contains information about the reason for additional work, indicating the date and time during which the employee must perform it. This document is handed to the employee, which he signs, expressing his consent.
If several employees are withdrawn, then it is wiser to draw up an order to involve them in overtime work. It specifies the basis for overtime, the date and time for each employee. There is a special column where a consent signature is placed.
Overtime must be noted in the timesheet in the form of a special designation “C” with the establishment of the number of overtime hours. Typically, forms approved by Rosstat or are used to maintain time records.

Important! An employer can protect itself from overtime-related issues. To do this, it is necessary to stipulate in the employment agreement a provision regarding irregular working hours. By law, under this regime, no overtime hours are accrued.

Payment for processing

The Labor Code contains information about the established minimum for payments provided for employees working overtime. Tariffs for processing are set differently at each enterprise. They are fixed in the collective agreement or in the contract concluded with the employee. Moreover, these prices should not be less than those guaranteed under the Labor Code.

According to Article 152 of the Labor Code of the Russian Federation, when working on weekdays, the first two hours of overtime are calculated at one and a half times the rate, the next hours are calculated at double pay. Article 153 establishes the amount of payment for going to work on weekends and holidays. In this case, prices always increase by at least 2 times. There is an alternative to payment. If the employee agrees, he can get a day off on any other day he wishes. The remaining payment will be charged in a single amount.

Calculation example

If an employee is called to additional work on Tuesday for 4 hours, then the next time he can be called to such work no earlier than Thursday. Payment for 4 hours worked on Tuesday will be calculated as follows:

If a salaried specialist is called to work overtime, you first need to find out the cost of one hour. With a salary of 25,000 rubles and a 168-hour balance, one hour costs 148.80 rubles. The first 2 hours of overtime are paid in the amount of 148.80*1.5=223.20 rubles, the other 2 hours – 148.80*2=297.60 rubles. The amount of payment for processing will be 520.80 rubles.
If an employee has a piece rate, then the calculation of the cost of overtime hours is determined from his tariff rates. Calculations are made by analogy with the first method.
In shift mode with a quarterly accounting period, the calculation is carried out as follows. When closing the accounting period, the actual hours worked for 3 months are summed up and compared with the balance of working hours for the quarter. If the fact exceeds the normative balance, then this difference is processing.

The Labor Code of the Russian Federation obliges every organization and every enterprise to keep track of time actually worked by employees. At the same time, the code establishes maximum working hours, which normally amount to 40 hours per week (eight working hours daily, five days a week). For a number of categories defined by law, the standard working time is determined to be 24, 35 or 36 hours.

Recording the time worked by employees can be done in several ways. If the daily schedule involves an equal number of hours, recording is carried out by day. If the number of working hours during the week is uneven, but the total work time is the same each week, weekly accounting is used.

When working in shifts, it is quite difficult to keep track of time worked both by day and by week.

Most often, the summarized accounting method is used, in which a staff work schedule is drawn up in shifts.

If the schedule is drawn up incorrectly or unforeseen events occur (force majeure, illness of employees), as a result of the planned shifts, working hours appear that go beyond the norms established by law. Such excess hours require special registration and additional monetary compensation to the employee. The calculation of the amount of additional payments depends on the remuneration system in force in the organization and on the method of recording time worked.

How is overtime calculated for a shift schedule?

Wages during shift work can be calculated on the basis of the approved salary or using hourly tariff rates. With a salary system, an employee receives the same salary every month, with the exception of shortcomings or overtime (in this case, to pay the salary, the hourly rate is first calculated, and after that the total amount of payment for the month). When hourly rates are used to calculate the salary amount, the number of hours worked is multiplied by the established rate.

To calculate the additional payment for overtime during shift work, first of all, you should calculate the number of hours worked in excess of the norm. With weekly accounting, this is quite easy to do: you need to know the maximum standard for the duration of a working week for a particular employee, established at the legislative level. All “extra” hours worked will be considered overtime.

When using summarized accounting to determine the duration of overtime, the time worked by the employee should be calculated cumulatively for the entire accounting period.

This is fundamentally important, since hours worked in excess of the norm are considered overtime only at the end of the reporting period.

Processing payment procedure

Article 152 of the Labor Code of the Russian Federation states that processing is paid in the following order:

the first two hours of work - 1.5 times;
all other processed time is doubled.

These coefficients are the minimum indicators established by law. Organizational leaders may use higher numbers at their discretion.

With summarized accounting, the amount of the surcharge is determined at the end of each reporting period. For example, if the reporting period is a quarter, at the end of which the employee has four “extra” hours, the first two hours are paid at one and a half times the rate, the second two at double the rate.

To make an accurate calculation, you need to know the hourly tariff rate of a certain specialist. If wages are already calculated at this rate, it is very easy to determine the amount of additional payment.

When paying a salary, you can calculate the tariff rate using several methods:

by dividing the established salary by the standard number of hours for one year;
by dividing the established salary by the standard working hours in a certain month;
when using summarized accounting - by dividing the salary by the average standard working time in the reporting period.

Other legislative nuances

Compensation for overtime can be made not only with money, but also with the provision of additional rest. This corresponds to the provisions of Article 152 of the Labor Code of the Russian Federation: overtime hours are paid as usual, and unscheduled days off are not paid.

It should be taken into account that compensation in money is a priority and is made by default.

If an employee wants to receive time off instead of money, he must inform his manager about this.

In practice this happens in the following order:

the employee submits a written application requesting an unscheduled day off;
in agreement with the manager, the time for additional rest is determined;
the provision of a day off for overtime is secured by a corresponding order or regulation.

According to the law, rest time cannot be less or more than the time that was unnecessarily spent on work. So, if an employee works five hours, that is how many hours he can rest.

When organizing overtime work for “shift” employees, other provisions of the Labor Code of the Russian Federation should be taken into account. For example, the total overtime period should not exceed four hours for one person on two consecutive days and 120 hours per year. In addition, pregnant women, minors and persons combining study and work under apprenticeship contracts cannot work overtime.

It must also be remembered that, according to Art. 103 of the Labor Code of the Russian Federation, working two shifts in a row is prohibited even with the consent of the employee.