The duration of overtime work for drivers should not exceed

Overtime duration

Overtime work is the initiative of the employer. But often employees do not mind working beyond the norm, since payment for this work is made in a larger amount. But even with the employee’s consent, overtime work should not exceed the established limit.

Standard working time and its excess

According to the Labor Code of the Russian Federation, overtime is considered work that is performed at the request of the company’s management in excess of the established norm. That is, a greater number of hours than are established in one working day or shift. And if the employee has a summarized recording of working hours, then in excess of the norm of working hours established for a certain accounting period.

40 hours a week is the norm established by labor legislation. This length of working time is accepted as the norm for all workers. And this norm does not depend on what type of activity the company is engaged in, its organizational and legal form, the type of employment contracts and other conditions.

Duration of overtime work

The duration of work in excess of the established norm should not be more than four hours for two days in a row. And in a year this number of hours should not exceed 120. This number is indicated for each employee. The employer must strictly keep records of the time the employee worked overtime. Each hour of overtime must be reflected in the time sheet.

How many overtime hours are allowed per month?

The permissible number of hours for overtime depends on what working hours are in effect in the company and the number of working days in the week.

In order to determine the maximum possible number of hours per month an employee can stay at work, you need to calculate the number of working days in this month. For example, with a 5-day work week (40-hour week) in April 2017, there are 20 such days.

Then we will calculate possible overtime, taking into account the fact that there should not be more than 4 hours over two working days in a row. If you plan to involve an employee in overtime every day, then you can overwork no more than 2 hours every day. We multiply 20 working days by 2 hours of daily overtime, which equals 40 hours per month—the maximum possible number of overtime hours in April. But don’t forget that there is also a total limit per year. Therefore, when calculating possible overtime in the next month, all previous overtime must be taken into account.

How is overtime limited during the year?

The duration of work exceeding the established norm should not be more than 120 hours per year. Using the previous example, it turned out that an employee in April 2017 could work 40 hours a month. But he cannot work in this mode every month. Because there would be more than 400 hours of overtime per year (40 x 12). Therefore, the employer should not forget about the total limit per year.

The total duration of overtime work must not exceed the established limit.

If a manager violates this order, he may be held accountable. It is provided for in Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. And if he commits such a violation again, he will be prosecuted under part two of the same article.

Payment for overtime

The employee has the right to choose how his overtime will be compensated:

additional rest time;
or increased wages.

The first hours of overtime (the first two hours) must be paid one and a half times more than regular working hours. Subsequent overtime hours are paid more - at least twice as much. Higher rates can be set by the employer and specified in:

labor or collective agreement;
local regulatory act.

How to register overtime for truck drivers?

Can I have complete information on the work of drivers on trucks, can they work overtime? Some of our drivers work twice as much as the standard working time per month, according to the contract they have a 5-day work week of 8 hours, but they also work at night and during the day, drivers change, but not after 8 hours, but more. what this means during an inspection, and how to arrange everything correctly. we have an order for the company on bonuses for overtime work

Truck drivers, like other employees, can be required to work overtime with their written consent, and in some cases without consent (Article 99 of the Labor Code of the Russian Federation).

When recording working hours in total, overtime work during a working day (shift) together with work according to a schedule should not exceed 12 hours, except for the cases provided for in subparagraphs 1, 3 of part two of Article 99 of the Labor Code of the Russian Federation. Overtime work must not exceed four hours for each driver over two consecutive days and 120 hours per year . Such rules are established by clause 23 of the Regulations on the peculiarities of working hours and rest time for car drivers, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15.

To attract an employee to work overtime, you need to:

Overtime work increased payment . The first two hours of work must be paid at least one and a half times the rate, and subsequent hours - at least double . In addition, at the request of the employee, instead of additional payment, he may be provided with additional rest time no less than the time worked overtime. In this case, overtime work is paid at a single rate, and rest time is not subject to payment. This is stated in Article 152 of the Labor Code of the Russian Federation.

Payment of bonuses for overtime work does not relieve the employer of the obligation to pay for overtime hours at an increased rate in accordance with Art. 152 Labor Code of the Russian Federation.

Failure to comply with the procedure for engaging in overtime work (in particular, exceeding the limits on the duration of overtime work) or paying for overtime hours is grounds for bringing the employer to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

The sanctions provided for in this article are given in the “Reference” section of this answer..

Details in the System materials:

1. Answer: In what cases can an employee be required to work overtime?

The concept of overtime for different categories of employees

What work is considered overtime?

On its own initiative, the administration of the organization can involve an employee in overtime work. It should be understood as work outside the working hours established for the employee.* This follows from the provisions of Article 99 of the Labor Code of the Russian Federation.

The administration is obliged to establish reduced working hours for some employees. It belongs:

For these employees, according to Article 99 of the Labor Code of the Russian Federation, overtime will be work that exceeds the duration of a shortened week or shift.

An example of calculating the number of overtime hours with a time-based wage system

The organization's employees have a 40-hour, 5-day work week with days off on Saturday and Sunday.

In September 2009, an accident occurred in the organization’s building. To eliminate its consequences, worker A.I. Ivanov, at the request of his immediate supervisor, stayed late after the end of his shift:

In addition, Ivanov went to work on the weekend of September 6 for 8 hours.

In September 2009 – 22 working days. The normal working hours in September 2009 for Ivanov are 176 hours (22 days × 8 hours). In fact, Ivanov worked 189 hours.

The processing time was 13 hours (189 hours – 176 hours), of which:

For overtime work and work on days off, Ivanov is entitled to additional pay.

An example of calculating the number of overtime hours with summarized recording of working hours

To the driver of the organization Yu.I. Kolesov has been provided with a summarized recording of working time. The accounting period is quarter. According to the calendar of a 40-hour working week in the third quarter of 2009, the normal working time is 528 working hours, including:

In September 2009, Kolesov was ill. Due to illness, he missed 2 days. According to the calendar of a 40-hour week, this is 16 hours.

Taking into account the time of illness, during the accounting period the employee had to work:

528 hours – 16 hours = 512 hours.

In the third quarter of 2009, the employee actually worked 518 hours. Processing amounted to:

518 hours – 512 hours = 6 hours.

He needs to pay the difference of 6 hours as overtime.

Restrictions on overtime work

Which employees should not be required to work overtime?

The following cannot be involved in overtime work:

Such rules are established by Articles 99, 203, 268 and Part 3 of Art. 348.8 of the Labor Code of the Russian Federation.

Some employees may be required to work overtime, but only with their written consent and provided that such work is not contraindicated for medical reasons. This applies to:

At the same time, such employees must be informed in writing of their right to refuse to be required to work overtime. Such rules are established in part 5 of article 99 and part 3 of article 259 of the Labor Code of the Russian Federation.

The duration of overtime work is limited. Overtime should not amount to more than four hours for two days in a row and more than 120 hours during the year (Article 99 of the Labor Code of the Russian Federation).

Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

2. Answer: What documents should I use to formalize inviting an employee to work overtime?

General procedure

How to get an employee to work overtime

To attract an employee to work overtime, you need to:

issue an order to involve an employee in overtime work (in any form);
familiarize the employee with his right to refuse overtime work (if necessary);
obtain the employee’s written consent to engage in overtime work (if necessary);
take into account the opinion of the trade union (if there is one in the organization).
- to minor employees (Article 92 of the Labor Code of the Russian Federation);
- to disabled people (Article 92 of the Labor Code of the Russian Federation);
- to employees engaged in work with harmful and dangerous working conditions (Resolution of the Government of the Russian Federation of November 20, 2008 No. 870);
- to women working in the Far North (Article 320 of the Labor Code of the Russian Federation);
- to teachers (Article 333 of the Labor Code of the Russian Federation);
- to health workers (Article 350 of the Labor Code of the Russian Federation).
- September 2 at 3 o'clock;
- September 4 at 2 o'clock.
- 5 hours overtime;
- 8 hours for working on a day off.
- in July 184 hours (23 days × 8 hours);
- in August 168 hours (21 days × 8 hours);
- in September 176 hours (22 days × 8 hours).
- pregnant women;
- employees under 18 years of age (with the exception of professional athletes and creative workers, the list of professions and positions of which was approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252);
- employees during the period of validity of the student contract;
- employees for whom work beyond normal hours is contraindicated in accordance with a medical opinion.
- women with children under three years of age;
- single mothers (fathers) raising children under the age of five;
- disabled people;
- employees with disabled children under 18 years of age;
- employees who care for sick family members.
issue an order to involve an employee in overtime work;
familiarize the employee with his right to refuse overtime work (if necessary);
obtain the employee’s written consent to engage in overtime work (if necessary);
take into account the opinion of the trade union (if there is one in the organization).

This is stated in Article 99 of the Labor Code of the Russian Federation.

Order on overtime work

How to issue an order to involve an employee in overtime work

Fill out the order for overtime work in any form. The legislation does not establish a unified form for this document.

How to obtain an employee’s consent to work overtime

The rules for registering an employee’s consent to overtime work are not defined by labor legislation. In practice, they do it in one of the following ways. Consent is drawn up:

in the form of an employee application in any form;
in the form of an employee’s mark on the order for involvement in overtime work: “I agree to be involved in work.”

In what cases is it not necessary to obtain consent from an employee to engage in overtime work?

The employee’s consent is not required if he is involved in the following:

work necessary to prevent a catastrophe or industrial accidents, as well as eliminate their consequences;
socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water and gas supply, heating, lighting, sewerage, transport, and communications systems;
necessary work in connection with the introduction of a state of emergency (martial), as well as in connection with emergency circumstances threatening the life or normal living conditions of the population (fires, floods, earthquakes, epidemics, etc.).

This is stated in Part 3 of Article 99 of the Labor Code of the Russian Federation.

Is it necessary to take into account the opinion of the trade union when inviting employees to work overtime?

If the organization has a trade union, then when inviting employees to work overtime, its opinion must be taken into account. This is not required if:

the employee must complete the work that he was unable to complete in a timely manner due to an unforeseen delay (if the delay poses a threat to life, health or the risk of damage to property);
mechanisms or structures are repaired, the malfunction of which would interrupt the work of other employees;
The shift worker did not show up (when working with a continuous production cycle). In this case, you need to find another replacement as soon as possible.

Such rules are established in parts 2 and 4 of Article 99 of the Labor Code of the Russian Federation.

Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

3. Answer: How to calculate extra pay for overtime work

Compensation for work

What compensation is an employee entitled to for overtime work?

Overtime work is subject to increased pay. In addition, at the request of the employee, instead of additional payment, he may be provided with additional rest time no less than the time worked overtime. This is stated in Article 152 of the Labor Code of the Russian Federation.

How much extra pay is required for overtime work?

The law provides for a minimum amount of additional payments for overtime work. The first two hours of work must be paid at least one and a half times the rate, and subsequent hours - at least double the rate.

Determine the minimum amount of additional payment based on the tariff rate (piece rate) without taking into account bonuses and compensation. That is, apply rules similar to those provided for in Article 153 of the Labor Code of the Russian Federation (letter of the Ministry of Health of Russia dated July 2, 2014 No. 16-4/2059436).

At the same time, collective or employment agreements with employees may establish an increased additional payment.

If, at the request of an employee, instead of additional pay, he is given additional rest time, then overtime work is paid in a single amount, and rest time is not subject to payment.

This procedure is established in Article 152 of the Labor Code of the Russian Federation.

Overtime accounting

How to set the number of hours worked overtime

The number of hours worked overtime by the employee is determined by the time sheet, which takes into account the number of hours actually worked.

Calculation of additional payments for time-based payment

How to calculate the amount of additional payment for overtime work with a time-based wage system

With a time-based wage system, calculate the additional payment for overtime work using the following formulas.

If the employee has an hourly rate:

How much overtime should not exceed for each employee?

Overtime work should not exceed the standards established by federal laws and other regulatory documents for each individual employee. If the management of the enterprise treats these instructions negligently, the employer commits an administrative offense, for which punishment will certainly follow.

Working week standard according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation discusses in detail the duration of work during one working week. The number that is heard most often is 40 hours. But for some categories of workers, a schedule is set - from 24 to 36 hours a week. The manager or accountable person is responsible for monitoring the length of the working week.

The Labor Code and other federal laws establish the involvement of a hired employee in excess of the norm in two legal formats:

irregular working hours;
work is carried out overtime.

An irregular workday is established for individual positions of the company; they are indicated in the internal regulations of the organization. When an employer requires an employee to work overtime, it can affect everyone, and this is the main difference.

Is employee consent required for overtime work?

Many still believe that since the manager demands to stay at the workplace beyond the norm, this issue is not discussed, and this is what needs to be done. Workers do not know their rights described in the Labor Code of the Russian Federation. For example, in overwork without the consent of workers, you can involve them in emergency cases:

Overtime work hours are assigned when there is an urgent need to eliminate or avoid an accident at work. Also, help may be needed to restore the enterprise if a catastrophe occurs or a force majeure situation occurs that leads to an accident. The option of eliminating the consequences after a natural disaster is also being considered.
Without written consent, an employee can be involved in eliminating circumstances that make it impossible to provide water and heat supply. The same applies to traffic flow, communications and lighting.
Overtime, the need for which is due to the introduction of a state of emergency or martial law in the country or certain regions of Russia.

Overtime work by employees is permitted only with their written consent in the following situations:

It is urgent to complete the previously started action if, due to technical delays, the work could not be completed in the required time period, and there is a real threat of damage or loss of private property of an enterprise, state or subject of the Russian Federation, or the lives of the population.
Repair or restoration work of structures and buildings is planned, but only when a defect can cause a stop in the work of a number of workers in production.
The shift worker did not show up to his workplace, and the production cycle cannot be interrupted.

The following categories of persons can express their disagreement with working beyond the norm:

Those who received a disability group.
Mothers of children under 3 years of age.

It is never permitted to force people to work overtime:

pregnant women;
workers under 18 years of age.

Maximum duration of overtime work

By requiring a worker to work beyond the norm, the employer is obliged to comply with the provisions of the Labor Code of the Russian Federation. If we are talking about two work shifts, 4 hours of overtime is the maximum that the director has the right to declare for an employee. Annual processing cannot exceed 120 hours.

Much is determined by the regulations in force within the enterprise engaged in a specific type of activity. For example, overtime work should not exceed for each hired driver the standards specified in the order of the Ministry of Transport of the Russian Federation, dated August 20, 2004, number 15. In accordance with this document, work activity distributed according to the schedule for a driver cannot exceed 12 hours per day. day.

How to properly process overtime work

Article 99 of the Labor Code of the Russian Federation establishes the provisions that an employer should adhere to when employees work overtime:

It is impossible to do without their written consent.
Additional work is initiated by the employer. An order about this is issued to the enterprise. It indicates the real reasons and the need to work more than expected. It also wouldn’t hurt to generate notifications that are given to employees even before the order is written.
The notification includes the following information:

when to start unscheduled work;
how much extracurricular work you will have to do, a specific number of hours;
a message that the employee agrees to work above the norm (the column in which the worker puts his personal signature is highlighted here).

Sometimes, in order to encourage an employee to do quality work, the company manager offers compensation for increasing working hours. This could be payment or an additional day off. If failure to complete a job results in an accident, days off are rarely offered.

Also, the accountable person or the director himself records the personal working time overtime in the accounting sheet of each individual employee. Processing is paid taking into account the following rules:

The first 2 hours – 1.5 salary, based on hourly wages.
The remaining time is double salary.