Article 152 of the Labor Code of the Russian Federation with the latest amendments. Overtime work: nuances of engaging in it and paying for it

ST 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Part two is no longer valid.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 beyond normal working hours on weekends and non-working days holidays and paid in an increased amount or compensated by the provision of another day of rest in accordance with, is not taken into account when determining the duration of overtime work subject to payment in an increased amount in accordance with part one of this article.

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.

For the concept of overtime work and the procedure for engaging in it, see.

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 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 conduct of Russian Federation FIFA World Cup 2018, FIFA Confederations Cup 2017 and amendments to certain legislative acts of the Russian Federation" overtime work of FIFA employees, FIFA subsidiaries, FIFA counterparties, confederations, national football associations, Russian Football Union, Organizing Committee "Russia-2018" ", its subsidiaries, whose labor activities are related to the implementation of activities, 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 of activities, unless otherwise provided by agreement of the parties to the employment contract. At the same time, in The requirements of the commented article do not apply to these employees.

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.

Legal advice under Art. 152 Labor Code of the Russian Federation

Zhanna Grigorieva

Personal drivers work overtime. Can I give hours of rest for previously overworked time while waiting for the customer only upon application without issuing an order?

Gennady Guzanin

At the agricultural enterprise, a summarized recording of working time was introduced - one year. In order not to pay for processing, the tariff rate has been increased by 2 times. is this correct?

• Question answered over the phone

Stepan Maikin

WORKED 403 HOURS IN A MONTH, NORMAL 168 HOURS. HOW MANY REST DAYS ARE ALLOWED?

• Question answered over the phone

• Question answered over the phone

Daniil Bryukhov

If you are forced to leave on January 5, 4, 3, 8 by order of Article 152 of the Labor Code of the Russian Federation, is this legal or not? Is this optional or will they be forced to go to work on orders??

• Lawyer's answer:

• Artem Nabatov

  The minimum salary for an employee of a Limited Liability Company. LLC applies simplified taxation system, registered in Moscow

  • Lawyer's answer:

    Tripartite agreement on the minimum wage in the city of Moscow for 2011 between the Moscow Government, Moscow trade union associations and Moscow employers' associations 12/02/2010 Provide for a two-stage increase in the minimum wage wages in the city of Moscow. Establish the minimum wage from January 1, 2011 - 10,400 rubles, from September 1, 2011 - 10,900 rubles. The minimum wage includes the minimum amount of payments to an employee who has worked monthly norm working hours established by the legislation of the Russian Federation, and who has fulfilled his labor duties (labor standards), including the tariff rate (salary) or remuneration according to a non-tariff system, as well as additional payments, allowances, bonuses and other payments, with the exception of payments made in accordance with from Art. 147, art. 151, art. 152, art. 153 of the Labor Code of the Russian Federation. This Agreement applies to employers operating on the territory of the city of Moscow who have joined in the manner prescribed by Article 133.1 of the Labor Code of the Russian Federation. Control over the implementation of the Agreement is carried out by the Moscow Tripartite Commission for the Regulation of Social and Labor Relations (MTK). The parties instruct MTC, if necessary, to make changes and additions to the concluded Agreement in the prescribed manner.

Yulia Timofeeva

If in January the standard hours were 120, but the actual hours worked were 188, then for overworked hours. it is supposed to give time off, but they only gave 24 hours of time off, the remaining hours say that they overlap somehow with holiday hours, and nothing else is allowed. Is there any reference to the law about this? And are they right? (Work 12 hour shifts.)

• Lawyer's answer:

  If you have not entered a Schedule of summarized accounting time with a specific accounting period, then overtime in the amount of 68 hours is considered work outside the normal working hours. If, at the same time, your application for part-time work was not taken away (it can be under different sauces), then these 68 hours are overtime. Here is what Article 152 of the Labor Code of the Russian Federation says about this: “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 double 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.”

Anna Pugacheva

Please tell me how to do it correctly.... The situation is as follows. There are two janitors, one worked 170 hours in August, the other 194 hours. The accounting department pays both of them the same - the minimum wage. Is this right? The minimum wage is set at the standard hours per month worked. Any hours worked beyond the norm are paid separately, isn't it?

• Lawyer's answer:

• Daniil Nedokvasov

  Is there an administrative penalty in connection with the wedding of my own son?

  • Lawyer's answer:

    YOU ARE NOT ALLOWED. But my own son is entitled to it. Leave without pay For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application from the employee, to provide leave without pay to: employees in cases of the birth of a child, registration of marriage, death of close relatives - up to five calendar days; in other cases provided for by this Code, other federal laws or a collective agreement.

Margarita Kolesnikova

In an organization, employees are often required to work overtime.

• Article 152. Payment for overtime work [Labor Code of the Russian Federation][Chapter 21][Article 152] 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 double the rate. Specific...

Yana Belova

Where should you go if you work on weekends and overtime, but are paid as for a regular working day?

• Lawyer's answer:

  Try to talk to your employer, keep the Labor Code of the Russian Federation with you. Art. 99 Here we describe what concerns overtime work, but for greater benefit, you should try to find a dialogue with your superiors, then you can help someone else. Labor Code vs overtime work According to the Labor Code of the Russian Federation (Article 99), overtime is work that is performed by an employee at the initiative of the employer outside the working hours established for the employee. obliges the employer to ensure that the duration of working hours does not exceed the normal number of working hours: 40 hours per week or 160 hours per month (Article 91 of the Labor Code of the Russian Federation). Important! Involvement in overtime work should be allowed only with the written consent of the employee. With the exception of accidents and other industrial emergencies, as well as the performance of unforeseen work, the urgent implementation of which determines the further work of the organization as a whole or its individual divisions. The Labor Inspectorate responds to complaints from workers about unpaid overtime. If you cannot get compensation for overtime work from your employer, contact the inspectorate. The duration of overtime work must not exceed 4 hours over two consecutive days or 120 hours per year. The employer must ensure that the duration of overtime work is accurately recorded for each employee. Overtime work, in accordance with Art. 152 of the Labor Code of the Russian Federation, must be compensated. For the first two hours, it must be paid at least one and a half times the rate, and for subsequent hours, as well as forced work on weekends and non-working holidays, at least double the rate. At the request of the employee, instead of money as compensation, he can receive additional days for vacation or time off (Article 13 of the Labor Code of the Russian Federation). The following may refuse overtime work: pregnant minor workers (with the exception of creative professions); disabled women; women with children under three years of age. Processing during a shift schedule In accordance with the article. 103 of the Labor Code of the Russian Federation, an organization can establish a shift work schedule when “the duration of the organization’s production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided.” At the same time, employees must be familiar with the shift schedule, which regulates the start and end of work, the duration of breaks for rest and food, the procedure for the transition of workers from one shift to work in another, etc. The shift schedule must be brought to the attention of all employees no later than one month before its introduction. For employees working in shifts, work on weekends and non-working holidays is paid, taking into account certain features. So, for going to work according to the schedule on Saturday and Sunday, they are paid the usual salary (

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, the 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 of 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 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 carrying out 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 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 hours 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 Russian Ministry of Health 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 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.

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, 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 of 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 carrying out 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 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.

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The Labor Code of the Russian Federation allows, with the specified restrictions, work outside the normal working hours at the initiative of the employee (part-time work) in the same organization in another profession, specialty or position outside the normal working hours, as well as concluding an employment contract with another employer.

Question 4: Is compensation subject to compensation in accordance with Art. - Labor Code of the Russian Federation for employees of internal affairs bodies sent on a business trip to the North Caucasus region and participating in counter-terrorism operations and performing tasks to protect public order, their performance of official duties at night, weekends and holidays, as well as work beyond the established limit working hours law?

4) payment of overtime work to driver K.N. for April 16, 2008 and April 17, 2008, in violation of an article of the Labor Code of the Russian Federation, was not made;

5) On April 29, 2008, driver B. from 7 hours 35 minutes to 17 hours 00 minutes, on April 30, 2008 - from 6 hours 20 minutes to 17 hours 00 minutes, on May 1, 2008, was at the workplace according to travel sheets N 2794, 2912, 2958, that is, the duration of rest between shifts is less than double the duration of work on the working day (shift) preceding the rest, which is a violation of the requirements of the article of the Labor Code of the Russian Federation and the Regulations on the peculiarities of the working time and rest time of car drivers (Appendix to the Order of the Ministry of Transport of the Russian Federation of August 20, 2004 N 15).

V. appealed to the Supreme Court of the Russian Federation with an application to recognize paragraphs as partially invalid. 20, 21, 24, 32 of the Regulations, citing the fact that they contradict Art. , , , and the Labor Code of the Russian Federation, since they introduce unreasonable restrictions in terms of remuneration for ship crew members, in particular for work that is not within their scope job responsibilities, for missing workers and when performing work outside the established hours of shifts (shifts). The applicant also does not agree that the Regulations allow, in case of production necessity, the transfer of the use of accumulated days of rest outside the accounting period, but not more than for one year, and the involvement of workers in work on ships and onshore work during the period of provision of accumulated days of rest without transferring these days to another date. Believes that in this case, time off not provided within the accounting period should be compensated as overtime.

The applicant motivates his demands by the fact that: paragraph 20 of the Regulations provides for the number of cumulative days of rest provided for work performed in excess of normal working hours, only according to the schedule of shifts for the main position, without taking into account other periods of work of members of the crew: the time the employee performs work for a missing employee, the time required to perform emergency and emergency work, which is contrary to the article of the Labor Code of the Russian Federation; paragraph 21 of the Regulations allows for the transfer of the use of accumulated rest days beyond the accounting period, but not for more than one year, which contradicts the article of the Labor Code of the Russian Federation, which sets the maximum duration of overtime work at 120 hours per year; paragraph 24 of the Regulations establishes that in the case of involving seafarers to work during the period of providing cumulative rest days, rest days are not transferred to another period, which contradicts the article of the Labor Code of the Russian Federation, the generally recognized principles and norms of international law of the ILO; Clause 32 of the Regulations stipulates that the procedure for recording actual working time is established by the employer, which contradicts the article of the Labor Code of the Russian Federation, according to which the procedure is established by internal labor regulations.

The court found that Aramisov A.Z. is an employee of the Ministry of Internal Affairs for the Kabardino-Balkarian Republic. From February 2, 2004 to November 30, 2006, he was involved in heavy duty duty, as well as work at night, weekends and holidays, but no payment was made to him for the specified time.

By virtue of the articles of the Labor Code of the Russian Federation, work at night, on weekends and holidays, as well as work outside the normal working hours must be compensated by increased pay.

The court found that the plaintiffs, while serving in the riot police of the Ministry of Internal Affairs of the Kabardino-Balkarian Republic, on the basis of orders of the Minister of Internal Affairs of the Kabardino-Balkarian Republic, as well as orders issued on their basis by the commander of the riot police of the Ministry of Internal Affairs of the Kabardino-Balkarian Republic, were repeatedly subjected to overtime work and work on weekends and holidays, but the specified work was not paid.

By virtue of the articles of the Labor Code of the Russian Federation, work at night, on weekends and holidays, as well as work outside the normal working hours must be compensated by increased pay.

The court found that Dogov Kh.M. Since December 23, 2002, he has been serving in the position of... the patrol service regiment of the Ministry of Internal Affairs for the Kabardino-Balkarian Republic. During his service, he was repeatedly involved in overtime work, work on weekends and holidays, but this work was not paid.

Dyachok S.V. filed a lawsuit against the riot police of the Department of Internal Affairs for the Khanty-Mansiysk Autonomous Okrug - Ugra for recovery cash payments for work beyond normal working hours, on weekends and non-working holidays, at night, compensation for moral damage, indicating that during 2002 - 2004 he was sent on a business trip to the North Caucasus region and participating in counter-terrorism operations, performing tasks for the protection of public order, he carried out his official duties overtime, on weekends and holidays, and at night, and therefore has the right to receive compensation in accordance with the articles of the Labor Code of the Russian Federation.