How are the refunds paid according to the Labor Code of the Russian Federation? To answer this question, it is important to understand what processing is.
Work: what is the norm on the clock
According to labor law, for each employee should be set the duration of the working time during which he is obliged to fulfill the duties assigned to him. The generally accepted norm is considered to be a 40-hour week. For certain categories of workers, it is even smaller. However, there are situations in which an employee may stay at work. We are talking about the irregularity of the working day (fixed in the employment contract) and overtime work, which requires payment for processing. A delay in the workplace due to unfulfilled on time obligations assigned to the employee to be considered processing is not accepted. A proposal for paid processing can only come from the employer.
Recycling (aka overtime)
If the representative of the employer takes the initiative to attract the employee to perform work outside the established time period for work, he attracts him to work overtime upon completion of the worked - day or night time - shifts. Processing will also be considered work less than 8 hours a day for workers who work on a shorter working day, and it exceeds the standard established for them. As a rule, processing is intermittent, in particular, it is applicable during the period of supply of materials, reporting. Practice, including judicial practice, indicates that processing cannot be planned in advance, it is a kind of forced measure. Written consent may be required to enforce the decision. None of the local acts of the representative of the employer may contain provisions that, when appropriate circumstances arise, the employee is obliged to give consent to overtime work.
What is the processing time possible?
Since processing involves additional labor costs, it should be monitored, appropriately formally recorded and paid. The employer should ensure accurate recording of working hours for each employee. The unified form of accounting is a time sheet in which an alphabetic (“C”) or digital (“04”) code is entered indicating the processed time up to minutes. Fixing the duration of work above the norm is necessary to avoid a 4-hour excess for two days and a 120-hour excess for a year. These standards also apply to part-time workers. For car drivers, for whom a summarized record of working hours is kept, work according to the schedule + overtime work cannot be more than 12 hours except for situations when it is necessary to complete the flight or wait for the shift operator.
Who cannot be involved in overtime?
The processing of working time, for which payment is compulsory, cannot concern a number of workers. No one has the right to involve pregnant women under the age of majority. Women with dependent children under the age of three years, disabled people can do overtime work, giving written consent and in the absence of contraindications for health reasons (if there is a corresponding opinion of doctors). Familiarization with the possibility of refusal should be recorded for signature. Similar guarantees apply to a parent who brings up children who are under five years old, workers with children with disabilities and those who care for sick members of their families without a second half if they have a medical certificate.
Under what circumstances is it necessary to obtain written consent for processing from an employee?
Payment for processing under the Labor Code of the Russian Federation should be made with the obligatory consent of the employee if:
- for technical reasons, there was a delay in production, the employee did not complete or did not finish the work on time within the working time, and a stop can 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 working process for many workers;
- the replacement worker did not show up for work, and the stop of the process is unacceptable; in this case, the employer must take all necessary measures to replace the employee.
These circumstances do not oblige the employee to give consent to the processing (he may refuse). Failure should not be construed as a violation of discipline at work.
When is an employer not required consent?
Payment for processing will be made without written consent for overtime when:
- the need for work to prevent a catastrophe, accident at work or to eliminate their consequences;
- the need for work aimed at eliminating the accidents of centralized systems of gas, heat, hot and cold water supply, sanitation, communications, lighting, transport;
- the need to carry out work in cases that jeopardize the life of the population (martial law or emergency, natural disasters).
Under these circumstances, the employee’s refusal is unacceptable.
Penalties
Lack of appropriate consent to perform overtime work, as well as failure to account for processing time, may result in administrative punishment (fine, suspension of the organization):
- for officials - 1000-5000 rubles;
- for legal entities - 30,000-50,000 rubles. or suspension of the organization for up to 90 days.
Recycling Documentation
Hourly processing, remuneration for it must be properly executed. Sometimes it may be necessary to write a report to the head, in which the circumstances of the incident and the need to attract an employee to work in excess of the norm should be indicated. Then it is necessary to notify the employee of the need for processing by sending him a written notice or familiarization with the report for signature, if necessary, to obtain consent, then issue an order to pay for processing. A uniform form of such a regulatory document does not exist. It can be compiled arbitrarily with the obligatory content of the reasons for processing, whom and for how long should be involved in the work. An order is issued for each processing case. In advance for a certain period (month, year) , indicating the employees, he cannot be prepared.
How are the Labor Code refunds paid?
Labor legislation stipulates that employers must properly compensate for hours of work in excess of the norm. We are talking about overtime work, as well as work on weekends, holidays, at night. The answer to the question: “How are the processing paid according to the Labor Code of Russia?” - is covered in article 152 of the labor law document, which speaks of the need for the employer to provide one and a half for the first two hours of work, and double wages for the next hours. Higher coefficients are possible if this is reflected in the local regulatory framework of the enterprise, collective or labor contracts. Also, the hours worked can be replaced by equal to or greater than the hours of processing rest. The choice of a particular compensation method is the prerogative of the employee, not the employer.
In practice, one can often encounter a number of questions about how the processing is paid, which are not explained in the Labor Code, concerning, for example, situations when the processing falls on weekends, holidays or night time. So, in the case of processing falling out at night,
hours must be paid
for night time (at least 20%) and separately for overtime work. Processing on a weekend or
holiday will be considered solely as work on a weekend or holiday with the corresponding double payment. Payment for processing with a shift schedule is calculated on the basis of exceeding the norm of working hours for the accounting
period with the cumulative accounting of working hours. Everywhere it is calculated differently, however, judicial practice defines an approach in which the first 2 hours of the total number of processing hours in the accounting period should be paid in one and a half, all the rest in double. Initially, the employer should determine the documented procedure for paying for processing, i.e., what basis for applying the increase factors will be taken into account (bare salary (tariff rate) or salary + allowances). To pay for the processing it is better to prepare a detailed accounting statement-calculation. In the case of processing hours in excess of the maximum allowable rate, the employee must receive full compensation.