How to pay for processing under the Labor Code? Overtime payment: RF Customs Code

How are payments paid under the Labor Code of the Russian Federation? To answer this question, it is important to understand what processing is.

Work: what is the norm by the clock

According to the labor law, for each employee there must be established the length of working time during which he is obliged to perform the duties assigned to him. A generally accepted rule is considered to be 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. It is about the irregularity of the working day (fixed in the employment contract) and overtime, which requires payment processing. The delay in the workplace due to the failure to fulfill the duties assigned to the employee by the processing time is considered to be not accepted. The proposal for paid processing can only come from the employer.

Recycling (it is overtime work)

If the representative of the employer takes the initiative to involve the employee in performing the work outside the established time limit for work, he attracts him to overtime work after the completed day or night time - shifts. Recycling will also be considered work less than 8 hours a day for workers who work on a shorter working day, and it exceeds the established rate for them. As a rule, processing is of a non-permanent nature, in particular, it is applicable in the period of the supply of materials, the submission of reports. Practice, including judicial, shows that processing can not be planned well in advance, it is a kind of forced measure. For the execution of the decision, the consent of the employee in written form may be required. No local act of the representative of the employer can contain provisions that, in the event of the occurrence of relevant circumstances, the employee must give consent for overtime work.

What processing time is possible?

Since processing involves additional labor, it must be controlled, appropriately formalized and paid for. The employer should ensure an accurate record of working hours for each employee. A unified form of accounting is a report card in which the alphabetic ("C") or digital ("04") code is indicated with the indication of the processed time up to minutes. Fixing the duration of work above the norm is necessary in order to avoid a 4-hour excess over two days and 120 hours in the course of a year. These rules also apply to part-time workers. For drivers of cars for which an aggregated work time record is maintained, work on the schedule + overtime can not be more than 12 hours, except for situations when it is necessary to complete the flight or wait for the changer.

Who can not be attracted to overtime work?

The processing of working time, pay for which is compulsory, can not concern a number of workers. No one has the right to attract pregnant women to the processing of persons under the age of majority. Women who are dependent on children under the age of three, disabled people can perform overtime, giving written consent and in the absence of contraindications for health reasons (if there is an appropriate opinion of doctors). Familiarization with the possibility of refusal should be fixed to the signature. Similar guarantees apply to the parent who brings up children, workers with disabled children and those who care for sick members of their families in the presence of a medical certificate without their second half of the children under the age of five.

Under what circumstances is it necessary to obtain a written consent for processing from the employee?

The payment for processing under the RF LC must be carried out with the obligatory presence of the employee's consent, if:

- for technical reasons there was a delay in production, the employee did not fulfill or did not finish the work on time within the working time, and the stoppage may serve as a threat to the life and health of people, lead to damage or loss of property;
- There are malfunctions in mechanisms, structures, the lack of repair in which can cause a stoppage of the work process for many workers;
- the successor worker did not come to work, and the stopping of the process is unacceptable; While the employer must take all the necessary measures to replace the employee.

These circumstances do not oblige the employee to give consent to processing (he can refuse). Refusal should not be regarded as a violation of discipline at work.

In what cases does the employer not require consent?

The processing fee will be paid without the written consent for overtime work when:

- the need to carry out work to prevent a catastrophe, an accident at work or the elimination of their consequences;
- the need to carry out works aimed at eliminating accidents of centralized systems of gas, heat, hot and cold water supply, water disposal, communications, lighting, transport;
- the need to carry out work in cases that endanger the life of the population (military or emergency situation, natural disasters).

Under these circumstances, an employee's refusal is unacceptable.

Penalties

Lack of appropriate consent for overtime work, as well as ignorance of the processing time may entail administrative punishment (fine, suspension of the organization's activities):
- for officials - 1000-5000 rubles;
- for legal entities - 30 000-50 000 rubles. Or suspension of the organization for up to 90 days.

Documentation processing

Hourly recycling, wages for it must be properly designed. Sometimes it may be necessary to write a report to the head, in which the circumstances of the incident should be indicated and the need to involve one or another employee in excess of the norm. Then, the employee should be notified of the need for processing by sending him a written notice or getting acquainted with the report on the signature, if necessary - to obtain consent, then issue an order for payment of processing. There is no uniform form of such an administrative document. It can be drafted arbitrarily with the obligatory content of the reasons for processing, whom, and for how long, should be brought to work. The order is issued for each recycling case. In advance for a certain period (month, year) with the indication of employees, it can not be prepared.

How to pay for processing under the Labor Code

Labor legislation says that labor hours by the hour above the norm to the employer should be properly compensated. It is both about overtime work, and about work on weekends, holidays, at night. The answer to the question: "How are wages paid under the Labor Code of Russia?" - is covered in Article 152 of the document on labor law, which speaks about the employer's need to provide for the first two hours of work a one and a half, for the next hours - double wages. Higher ratios are possible if this is reflected in the local regulatory framework of the enterprise, collective or labor contracts. Also, the worked time can be replaced by equal or exceeding the hours of rest processing. The choice of this or that method of compensation is the prerogative of the employee, not the employer. In practice, it is often possible to encounter a number of questions about how the processing is paid, according to the Labor Code, which are not explained, for example, when processing falls on weekends and holidays or at night. So, in case of processing falling out at night, the hours for night time (at least 20%) and separately for overtime should be paid. Processing on a weekend or holiday will be considered solely as a work on a weekend or holiday with a corresponding double payment. The payment for processing with a replacement schedule is calculated on the basis of the excess of the norm of working hours for the accounting period with the totalized recording of working hours. Everywhere it is calculated in different ways, however, the court practice determines the approach in which the first 2 hours of the total number of hours of processing in the accounting period should be paid in a one-and-a-half, all the rest - in double size. Initially, the employer should determine documentarily the procedure for payment of processing, i.e., which base for applying the incremental coefficients will be taken into account (bare salary (tariff rate) or salary + surcharges). To pay for processing, it is better to prepare a detailed accounting reference-calculation. In the case of processing hours beyond the maximum allowable standard, the employee must receive compensation in full.