New edition of Art. 152 Labor Code of the Russian Federation
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. 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.
Part two is no longer valid.
Work performed in excess of normal working hours on weekends and non-working holidays and paid at an increased rate or compensated by providing another day of rest in accordance with Article 153 of this Code is not taken into account when determining the duration of overtime work subject to payment at an increased rate in accordance with part one of this article.
As we have already said, work outside the normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime). Part-time work is paid in accordance with the concluded employment contract, either depending on the time worked or on the actual products produced. A different payment procedure is provided for overtime work. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).
First of all, it is necessary to recall that, as a general rule, overtime work is not allowed. An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:
1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;
2) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;
3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.
An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:
1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;
3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.
In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with the Labor Code of the Russian Federation and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.
The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.
Overtime work is paid at an increased rate: for the first two hours at one and a half times, and for subsequent hours at double. It should be noted that labor legislation establishes minimum wages for overtime work, which can be increased by a collective or labor agreement or a local act of the organization. In addition, overtime work can be compensated by providing additional rest time (not less than the time worked), but only with the consent of the employee.
Another comment on Art. 152 Labor Code of the Russian Federation
1. Article 152 of the Labor Code of the Russian Federation provides for the procedure for payment in case of work outside the normal working hours, i.e. overtime work.
On the concept of overtime work and the procedure for engaging in it, see Art. 99 of the Labor Code of the Russian Federation and commentary to it.
2. Established in Art. 152 of the Labor Code of the Russian Federation, the rules on payment for overtime work apply to employees with standardized working hours.
3. Since overtime work is carried out outside the normal working hours, i.e. in conditions deviating from normal, its payment is made in an increased amount by establishing appropriate additional payments. Article 152 of the Labor Code of the Russian Federation establishes the minimum amount of additional payments: the first two hours of overtime work are paid at least one and a half times the rate, subsequent hours - at least double the rate, i.e. the minimum amount of additional payments is for the first two hours - 50%, for subsequent hours - 100% of the hourly tariff rate (salary).
4. Specific amounts of additional payment for overtime work can be determined in a collective agreement, local regulations or in an individual employment contract.
If the amounts of additional payments for overtime work are not established by contract or in local regulations, then they should be made in the amount specified in Art. 152 Labor Code of the Russian Federation.
5. Overtime work must be paid at an increased rate in any case, regardless of whether the established procedure for its production was followed (see part 2, paragraph 6 of the Resolution of the Plenum of the Supreme Court of the USSR of November 24, 1978 “On the application by courts of legislation, regulating the remuneration of workers and employees" (BVS USSR. 1979. No. 1)).
6. A fundamentally new rule is that allows compensation for overtime work by providing additional rest time - Art. 152 of the Labor Code of the Russian Federation provides for the possibility, at the request of an employee, of providing him, instead of increased pay, with additional rest time, but not less than the time worked overtime.
The employee’s desire to receive this type of overtime compensation must be expressed in writing, and the employer, if there is a corresponding application from the employee, is obliged to provide him with additional rest time. The timing of the use of this type of overtime compensation must be agreed upon by the parties.
Article 152 of the Labor Code of the Russian Federation does not establish the duration of additional rest time, limiting only its minimum limit: no less than the time worked overtime. The specific duration of this time can be established in a collective agreement, in an individual employment contract, as well as in an additional agreement between the parties to the employment contract, concluded by them either when involving the employee in overtime work, or when providing this type of compensation. Since Art. 99 of the Labor Code of the Russian Federation connects the involvement of an employee in overtime work with his written consent; it is advisable to determine in it the type of compensation, as well as the duration of additional rest time and the time of its use when the employee chooses this particular type of compensation.
Full text of Art. 152 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 152 of the Labor Code of the Russian Federation.
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. 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.
Part lost force on October 6, 2006 - Federal Law of June 30, 2006 N 90-FZ.
Commentary on Article 152 of the Labor Code of the Russian Federation
An employer's involvement of an employee in overtime work is permitted with his written consent in the cases specified in. The commented article provides provisions for payment of overtime work.
Thus, as a general rule, overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate.
When recording working time in aggregate, based on the definition of overtime work, the calculation of overtime hours is carried out after the end of the accounting period. In this case, work in excess of the normal number of working hours for the accounting period is paid for the first two hours of work at least one and a half times, and for all remaining hours - at least double (see letter of the Ministry of Health and Social Development of the Russian Federation dated August 31, 2009 N 22 -2-3363 "On payment of overtime work in the case of summarized accounting of working hours").
At the same time, it has been established that the specific amounts of payment for overtime work can be determined by a collective agreement, labor agreement or employment contract.
The Ministry of Health of Russia in letter dated July 2, 2014 N 16-4/2059436 “On remuneration for overtime work” indicates that the commented article does not establish a procedure for determining the minimum one and a half and double amount of overtime pay. According to the Russian Ministry of Health, when paying for overtime work, you can use the rules of Art. 153 of the Labor Code of the Russian Federation, according to which the minimum amount of double payment is a double tariff without taking into account compensation and incentive payments.
In addition, in the said letter, the Russian Ministry of Health notes that the procedure for calculating the hourly tariff rate from the established monthly rate for the purpose of paying overtime work is not established by current legislation. In this connection, the Ministry of Health of Russia believes that it is advisable to calculate the hourly tariff rate by dividing the salary established for the employee by the average monthly number of working hours, depending on the established length of the working week in hours. In this case, the average monthly number of working hours, for example, with a 36-hour working week, is calculated by dividing the annual norm of working time in hours by 12. In 2014, the average monthly number of working hours with a 36-hour working week will be 147.7 hours (1772.4 :12). The use of this procedure for calculating part of the salary per hour of work to pay for overtime work (at night or on non-working holidays) allows you to receive the same payment for an equal number of hours worked in different months. The procedure for calculating the hourly tariff rate from the established monthly one must be fixed in a collective agreement, agreement or local regulation.
The question of the constitutionality of the provisions of Art. 152 of the Labor Code of the Russian Federation was the subject of an appeal to the Constitutional Court of the Russian Federation. The applicant indicated that Art. 152 of the Labor Code of the Russian Federation does not comply with Art. 37 (Part 3) of the Constitution of the Russian Federation, which guarantees the right to remuneration for work without any discrimination, since, without establishing a specific procedure for paying overtime work, due to its uncertainty, it allows law enforcers to carry it out based only on the salary for the position, i.e. . in an amount less than the payment for work performed within the established working hours.
The Constitutional Court of the Russian Federation, in turn, noted that Art. 152 of the Labor Code of the Russian Federation in the system of current legal regulation presupposes the establishment of payment for overtime work in an amount exceeding payment for an equal amount of time when an employee performs work of the same complexity within the established working hours (normal employee remuneration); accordingly, the contested provision of this article is aimed at protection of the interests of the employee, and therefore cannot be considered as violating constitutional rights (see the definition of the Constitutional Court of the Russian Federation of December 8, 2011 N 1622-О-О).
An alternative to increased payment to an employee for overtime work may be additional rest time. However, compensation for overtime work with additional rest time is carried out only at the request of the employee. In this case, the additional rest time provided should not be less than the time worked overtime.
It should be taken into account that in accordance with the Federal Law of June 7, 2013 N 108-FZ, overtime work of employees of F1FA, F1FA subsidiaries, F1FA counterparties, confederations, national football associations, the Russian Football Union, the Organizing Committee "Russia-2018", its subsidiaries , whose work activities are related to the implementation of activities for the preparation and holding of the 2018 F1FA World Cup and the 2017 F1FA Confederations Cup in the Russian Federation, are compensated by the provision of additional rest time, but not less than the time worked overtime, taking into account the plans of the relevant organizations for the implementation activities, unless otherwise provided by agreement of the parties to the employment contract. The provisions of the commented article do not apply to these employees.
Another comment to Art. 152 Labor Code of the Russian Federation
1. The commented article provides for the procedure for payment in case of work outside the normal working hours, i.e. overtime work.
On the concept of overtime work and the procedure for engaging in it, see Art. 99 TC and commentary to it.
2. Since overtime work is carried out outside the normal working hours, i.e. in conditions deviating from normal, its payment is made at an increased rate. The commented article establishes the minimum amount of increase in pay: the first two hours of overtime work are paid at least one and a half times the rate, subsequent hours - at least double the rate, i.e. The minimum amount of additional payments is 50% for the first two hours, and 100% of the hourly tariff rate (salary) for subsequent hours.
3. The specific amounts of additional payment for overtime work can be determined in a collective agreement, a local regulatory act, an employment contract or in the written consent given by the employee when he is involved in overtime work.
If the amounts of additional payments for overtime work are not established by contract or in local regulations, then they should be made in the amount specified in the commented article.
4. Overtime work must be paid at an increased rate in any case, regardless of whether the established procedure for its production was observed (clause 6 of the Resolution of the Plenum of the USSR Supreme Court of November 24, 1978 “On the application by courts of legislation regulating the remuneration of workers and employees ").
5. A fundamentally new rule is that allows compensation for overtime work by providing additional rest time. The commented article provides for the possibility, at the request of the employee, of providing him, instead of increased pay, with additional rest time, but not less than the time worked overtime.
The employee’s desire to receive this type of overtime compensation must be expressed in writing, and the employer, if there is a corresponding application from the employee, is obliged to provide him with additional rest time. The timing of the use of this type of overtime compensation must be agreed upon by the parties.
The Labor Code does not establish the duration of additional rest time, limiting only its minimum limit - no less than the time worked overtime. The specific duration of this time can be established in a collective agreement, in an individual employment contract, as well as in an additional agreement between the parties to the employment contract, concluded by them either when involving the employee in overtime work, or when providing this type of compensation. Since Art. 99 of the Labor Code connects the involvement of an employee in overtime work with his written consent; it is advisable to determine in it the type of compensation, as well as the duration of additional rest time and the time of its use when the employee chooses this particular type of compensation.
6. In accordance with paragraph 4 of Art. 11 of the Federal Law of June 7, 2013 N 108-FZ "On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation" overtime work of FIFA employees, subsidiaries FIFA organizations, FIFA counterparties, confederations, national football associations, the Russian Football Union, the Organizing Committee "Russia 2018", its subsidiaries, whose work activities are related to the implementation of events, are compensated by the provision of additional rest time, but not less than the time worked overtime, with taking into account the plans of the relevant organizations for the implementation of activities, unless otherwise provided by agreement of the parties to the employment contract. At the same time, the requirements of the commented article do not apply to these employees.
Consultations and comments from lawyers on Article 152 of the Labor Code of the Russian Federation
If you still have questions regarding Article 152 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.
You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.
Part two is no longer valid.
Commentary on Article 152 of the Labor Code of the Russian Federation
1. Overtime work is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period.
Working overtime increases working hours and has a negative impact on health. Constant overtime work has a negative impact on labor discipline, the authority of the organization, and leads to staff turnover. Overtime work is paid at an increased rate to compensate the employee for the increased labor costs during work.
2. Overtime work can be compensated by the employer by providing additional rest time, but not less than the time worked overtime. Such a replacement is possible only with the consent of the employee. The employer does not have the right to unilaterally resolve the issue of replacement.
3. If, in violation of the Labor Code norms, an employee worked 5 hours overtime on 1 day, then payment is made in accordance with Art. 152 Labor Code: the first 2 hours - no less than one and a half times, and the next 3 hours - no less than double.
Comments and legal advice on Art. 152 Labor Code of the Russian Federation
If you have any questions regarding Article 152 of the Labor Code of the Russian Federation, you can ask a question on the website or by phone.
Comments and legal advice are provided free of charge daily from 9:00 to 21:00 Moscow time.
Questions received between 21:00 and 9:00 will be answered the next day.
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. 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.
Part two is no longer valid.
Commentary to Art. 152 Labor Code of the Russian Federation
1. The commented article provides for the procedure for payment in case of work outside the normal working hours, i.e. overtime work.
2. Since overtime work is carried out outside the normal working hours, i.e. in conditions deviating from normal, its payment is made at an increased rate. The commented article establishes the minimum amount of increase in pay: the first two hours of overtime work are paid at least one and a half times the rate, subsequent hours - at least double the rate, i.e. The minimum amount of additional payments is 50% for the first two hours, and 100% of the hourly tariff rate (salary) for subsequent hours.
3. The specific amounts of additional payment for overtime work can be determined in a collective agreement, a local regulatory act, an employment contract or in the written consent given by the employee when he is involved in overtime work.
If the amounts of additional payments for overtime work are not established by contract or in local regulations, then they should be made in the amount specified in the commented article.
4. Overtime work must be paid at an increased rate in any case, regardless of whether the established procedure for its production was observed (clause 6 of the Resolution of the Plenum of the USSR Supreme Court of November 24, 1978 “On the application by courts of legislation regulating the remuneration of workers and employees ").
5. A fundamentally new rule is that allows compensation for overtime work by providing additional rest time. The commented article provides for the possibility, at the request of the employee, of providing him, instead of increased pay, with additional rest time, but not less than the time worked overtime.
The Labor Code does not establish the duration of additional rest time, limiting only its minimum limit - no less than the time worked overtime. The specific duration of this time can be established in a collective agreement, in an individual employment contract, as well as in an additional agreement between the parties to the employment contract, concluded by them either when involving the employee in overtime work, or when providing this type of compensation. Since Art. 99 of the Labor Code of the Russian Federation connects the involvement of an employee in overtime work with his written consent; it is advisable to determine in it the type of compensation, as well as the duration of additional rest time and the time of its use when the employee chooses this particular type of compensation.
6. In accordance with paragraph 4 of Art. 11 of the Federal Law of June 7, 2013 N 108-FZ "On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation" overtime work of FIFA employees, subsidiaries FIFA organizations, FIFA counterparties, confederations, national football associations, the Russian Football Union, the Organizing Committee "Russia 2018", its subsidiaries, whose work activities are related to the implementation of events, are compensated by the provision of additional rest time, but not less than the time worked overtime, with taking into account the plans of the relevant organizations for the implementation of activities, unless otherwise provided by agreement of the parties to the employment contract. At the same time, the requirements of the commented article do not apply to these employees.
New edition of Art. 152 Labor Code of the Russian Federation
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. 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.
Part two is no longer valid.
Work performed in excess of normal working hours on weekends and non-working holidays and paid at an increased rate or compensated by providing another day of rest in accordance with Article 153 of this Code is not taken into account when determining the duration of overtime work subject to payment at an increased rate in accordance with part one of this article.
Commentary on Article 152 of the Labor Code of the Russian Federation
As we have already said, work outside the normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime). Part-time work is paid in accordance with the concluded employment contract, either depending on the time worked or on the actual products produced. A different payment procedure is provided for overtime work. Overtime work is work performed by an employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).
First of all, it is necessary to recall that, as a general rule, overtime work is not allowed. An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:
1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;
2) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;
3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.
An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:
1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;
3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.
In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with the Labor Code of the Russian Federation and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.
The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.
Overtime work is paid at an increased rate: for the first two hours at one and a half times the rate, and for subsequent hours at double the rate. It should be noted that labor legislation establishes minimum wages for overtime work, which can be increased by a collective or labor agreement or a local act of the organization. In addition, overtime work can be compensated by providing additional rest time (not less than the time worked), but only with the consent of the employee.
Another comment on Art. 152 Labor Code of the Russian Federation
1. Article 152 of the Labor Code of the Russian Federation provides for the procedure for payment in case of work outside the normal working hours, i.e. overtime work.
On the concept of overtime work and the procedure for engaging in it, see Art. 99 of the Labor Code of the Russian Federation and commentary to it.
2. Established in Art. 152 of the Labor Code of the Russian Federation, the rules on payment for overtime work apply to employees with standardized working hours.
3. Since overtime work is carried out outside the normal working hours, i.e. in conditions deviating from normal, its payment is made in an increased amount by establishing appropriate additional payments. Article 152 of the Labor Code of the Russian Federation establishes the minimum amount of additional payments: the first two hours of overtime work are paid at least one and a half times the rate, subsequent hours - at least double the rate, i.e. the minimum amount of additional payments is for the first two hours - 50%, for subsequent hours - 100% of the hourly tariff rate (salary).
4. Specific amounts of additional payment for overtime work can be determined in a collective agreement, local regulations or in an individual employment contract.
If the amounts of additional payments for overtime work are not established by contract or in local regulations, then they should be made in the amount specified in Art. 152 Labor Code of the Russian Federation.
5. Overtime work must be paid at an increased rate in any case, regardless of whether the established procedure for its production was followed (see part 2, paragraph 6 of the Resolution of the Plenum of the Supreme Court of the USSR of November 24, 1978 “On the application by courts of legislation, regulating the remuneration of workers and employees" (BVS USSR. 1979. No. 1)).
6. A fundamentally new rule is that allows compensation for overtime work by providing additional rest time - Art. 152 of the Labor Code of the Russian Federation provides for the possibility, at the request of an employee, of providing him, instead of increased pay, with additional rest time, but not less than the time worked overtime.
The employee’s desire to receive this type of overtime compensation must be expressed in writing, and the employer, if there is a corresponding application from the employee, is obliged to provide him with additional rest time. The timing of the use of this type of overtime compensation must be agreed upon by the parties.
Article 152 of the Labor Code of the Russian Federation does not establish the duration of additional rest time, limiting only its minimum limit: no less than the time worked overtime. The specific duration of this time can be established in a collective agreement, in an individual employment contract, as well as in an additional agreement between the parties to the employment contract, concluded by them either when involving the employee in overtime work, or when providing this type of compensation. Since Art. 99 of the Labor Code of the Russian Federation connects the involvement of an employee in overtime work with his written consent; it is advisable to determine in it the type of compensation, as well as the duration of additional rest time and the time of its use when the employee chooses this particular type of compensation.
© New edition of the Labor Code of the Russian Federation with Comments to the articles. Latest changes, news and amendments to the Labor Code of Russia for 2017.
Article 152. Payment for overtime work
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. 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.
Commentary on Article 152 of the Labor Code of the Russian Federation
An employer's involvement of an employee in overtime work is permitted with his written consent in the cases specified in Part 2 of Article 99 of the Labor Code of the Russian Federation. The commented article provides provisions for payment of overtime work.
Thus, as a general rule, overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate.
When recording working time in aggregate, based on the definition of overtime work, the calculation of overtime hours is carried out after the end of the accounting period. In this case, work in excess of the normal number of working hours for the accounting period is paid for the first two hours of work at least one and a half times, and for all remaining hours - at least double (see letter of the Ministry of Health and Social Development of the Russian Federation dated August 31, 2009 N 22 -2-3363 "On payment of overtime work in the case of summarized accounting of working hours").
At the same time, it has been established that the specific amounts of payment for overtime work can be determined by a collective agreement, labor agreement or employment contract.
The Ministry of Health of Russia in letter dated July 2, 2014 N 16-4/2059436 “On remuneration for overtime work” indicates that the commented article does not establish a procedure for determining the minimum one and a half and double amount of overtime pay. According to the Russian Ministry of Health, when paying for overtime work, you can use the rules of Article 153 of the Labor Code of the Russian Federation, according to which the minimum amount of double pay is a double tariff without taking into account compensation and incentive payments.
In addition, in the said letter, the Russian Ministry of Health notes that the procedure for calculating the hourly tariff rate from the established monthly rate for the purpose of paying overtime work is not established by current legislation. In this connection, the Ministry of Health of Russia believes that it is advisable to calculate the hourly tariff rate by dividing the salary established for the employee by the average monthly number of working hours, depending on the established length of the working week in hours. In this case, the average monthly number of working hours, for example, with a 36-hour working week, is calculated by dividing the annual norm of working time in hours by 12. In 2014, the average monthly number of working hours with a 36-hour working week will be 147.7 hours (1772.4 :12). The use of this procedure for calculating part of the salary per hour of work to pay for overtime work (at night or on non-working holidays) allows you to receive the same payment for an equal number of hours worked in different months. The procedure for calculating the hourly tariff rate from the established monthly one must be fixed in a collective agreement, agreement or local regulation.
The question of the constitutionality of the provisions of Article 152 of the Labor Code of the Russian Federation was the subject of an appeal to the Constitutional Court of the Russian Federation. The applicant indicated that Article 152 of the Labor Code of the Russian Federation does not correspond to Article 37 (Part 3) of the Constitution of the Russian Federation, which guarantees the right to remuneration for work without any discrimination, since, without establishing a specific procedure for paying overtime work, it, due to its uncertainty, allows law enforcement officers to carry it out based only on the salary for the position, i.e. in an amount less than the payment for work performed within the established working hours.
The Constitutional Court of the Russian Federation, in turn, noted that Article 152 of the Labor Code of the Russian Federation in the system of current legal regulation presupposes the establishment of payment for overtime work in an amount exceeding payment for an equal amount of time when an employee performs work of the same complexity within the working hours established for him (normal employee remuneration), accordingly, the contested provision of this article is aimed at protecting the interests of the employee, and therefore cannot be considered as violating constitutional rights (see the definition of the Constitutional Court of the Russian Federation of December 8, 2011 N 1622-О-О).
An alternative to increased payment to an employee for overtime work may be additional rest time. However, compensation for overtime work with additional rest time is carried out only at the request of the employee. In this case, the additional rest time provided should not be less than the time worked overtime.
It should be taken into account that in accordance with the Federal Law of June 7, 2013 N 108-FZ, overtime work of employees of F1FA, F1FA subsidiaries, F1FA counterparties, confederations, national football associations, the Russian Football Union, the Organizing Committee "Russia-2018", its subsidiaries , whose work activities are related to the implementation of activities for the preparation and holding of the 2018 F1FA World Cup and the 2017 F1FA Confederations Cup in the Russian Federation, are compensated by the provision of additional rest time, but not less than the time worked overtime, taking into account the plans of the relevant organizations for the implementation activities, unless otherwise provided by agreement of the parties to the employment contract. The provisions of the commented article do not apply to these employees.
Consultations and comments from lawyers on Article 152 of the Labor Code of the Russian Federation
If you still have questions regarding Article 152 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.
You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.
Article 152 of the Labor Code of the Russian Federation. Overtime pay
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. 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.
Part two is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.
Work performed in excess of normal working hours on weekends and non-working holidays and paid at an increased rate or compensated by providing another day of rest in accordance with Article 153 of this Code is not taken into account when determining the duration of overtime work subject to payment at an increased rate in accordance with part one of this article.
Article 152 of the Labor Code of the Russian Federation regulates the payment of overtime work. Experts will explain how to correctly calculate payment for overtime work.
From this article you will learn
What provisions does Article 152 of the Labor Code of the Russian Federation contain?
The procedure for engaging in overtime work is established in Article 99 of the Labor Code of the Russian Federation. It indicates cases when it is permissible to involve employees with their consent, as well as when it is possible to involve them in overtime without consent. You can be involved in extra work for no more than 4 hours for 2 days in a row and no more than 120 hours per year. Accounting for overtime is the responsibility of the employer.
Pregnant women and workers under 18 years of age are prohibited from working overtime. Disabled people and women with children under 3 years old are involved in overtime work only with written consent. At the same time, they must be familiar with the right to refuse to work beyond the norm (Part 5 of Article 99 of the Labor Code of the Russian Federation). Download in the "Personnel System".
How to make a payment
If an employee is paid an hourly rate or piece rate, there is no difficulty in determining the amount of overtime pay. For a watchmaker, multiply the hourly rate by 1.5 or 2. For a piece worker, multiply the list prices by 1.5 or 2.
To understand the changes, watch the expert's video. A labor practice lawyer tells you how to properly register and pay for overtime work.
Formulas for calculating additional payments for overtime work to employees (salary)
To calculate the number of working hours per month, use the position set out in . To do this, the annual number of working hours must be divided by 12. The annual rate is indicated in production calendar.
This procedure, the Ministry of Health claims, will allow the employee to receive equal pay for work above the norm, regardless of the number of working hours in a particular month.
If overtime hours occur at night, from 22.00 to 6.00, they must be paid additionally in the amount of 20% of the hourly rate, unless the employer has established a large additional payment for night work (Resolution of the Government of the Russian Federation of July 22, 2008 No. 554).
If an employee has chosen additional rest time as compensation for overtime, overtime work is paid at a single rate, but rest time is not subject to payment. The employee must indicate his desire in a separate application. Download in the "Personnel System".
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Commentary on Article 152
1. Article 152 of the Labor Code provides for the procedure for payment in case of work outside the normal working hours, i.e. overtime work.
On the concept of overtime work and the procedure for engaging in it, see Art. 99 TC and commentary to it.
2. Established in Art. 152 of the Labor Code, the rules on payment for overtime work apply to employees with standardized working hours.
3. Since overtime work is carried out outside the normal working hours, i.e. in conditions deviating from normal ones, its payment is made in an increased amount by establishing appropriate additional payments. Article 152 of the Labor Code establishes the minimum amount of additional payments: the first two hours of overtime work are paid at least one and a half times the amount, subsequent hours - at least double the amount, i.e. the minimum amount of additional payments is for the first two hours - 50%, for subsequent hours - 100% of the hourly tariff rate (salary).
4. Specific amounts of additional payment for overtime work can be determined in a collective agreement, local regulations or in an individual employment contract.
If the amounts of additional payments for overtime work are not established by contract or in local regulations, then they should be made in the amount specified in Art. 152 TK.
5. Overtime work must be paid at an increased rate in any case, regardless of whether the established procedure for its production was followed (see part 2, paragraph 6 of the Resolution of the Plenum of the Supreme Court of the USSR of November 24, 1978 “On the application by courts of legislation, regulating the remuneration of workers and employees" (BVS USSR. 1979. No. 1)).
6. A fundamentally new rule is that allows compensation for overtime work by providing additional rest time - Art. 152 of the Labor Code provides for the possibility, at the request of the employee, of providing him, instead of increased pay, with additional rest time, but not less than the time worked overtime.
The employee’s desire to receive this type of overtime compensation must be expressed in writing, and the employer, if there is a corresponding application from the employee, is obliged to provide him with additional rest time. The timing of the use of this type of overtime compensation must be agreed upon by the parties.
Article 152 of the Labor Code does not establish the duration of additional rest time, limiting only its minimum limit: no less than the time worked overtime. The specific duration of this time can be established in a collective agreement, in an individual employment contract, as well as in an additional agreement between the parties to the employment contract, concluded by them either when involving the employee in overtime work, or when providing this type of compensation. Since Art. 99 of the Labor Code connects the involvement of an employee in overtime work with his written consent; it is advisable to determine in it the type of compensation, as well as the duration of additional rest time and the time of its use when the employee chooses this particular type of compensation.