for the first 2 hours of work - one and a half times the amount;
for subsequent ones - double.
It is only necessary to take into account the hourly rate - the part of the salary that the employee receives per our or day.
The procedure for calculating the amount of payments singapore business email list for overtime work may be established in a local regulatory act of the director of the organization, an employment or collective agreement.
Compensatory and incentive payments are not specified in Article 152 of the Labor Code of the Russian Federation, which allows employers not to take them into account when calculating wages for overtime work.
Changes in overtime pay from September 1, 2024
Source: shutterstock.com
In this regard, it happens that a person who has worked several hours overtime receives a sum less than that which is due when working according to the schedule. The specialist works to the point of exhaustion, works when he could rest, and receives less salary than for a standard shift. According to the Constitutional Court, this violates human rights and freedoms, which means that the legislator is obliged to bring the norms of the Labor Code of the Russian Federation into line with the constitution.
In connection with this instruction, the Ministry of Labor promptly prepared amendments to the Labor Code, which define a new procedure for calculating payment for overtime work.
The Constitutional Court believes that overtime work should cost more than the same work performed on regular days. To do this, the employer must calculate the amount of remuneration taking into account the employee's due payments established by the organization.
It is worth remembering that an employee's salary usually includes:
Incentives for work (salary, rates). It depends on the level of qualification of the specialist, complexity, volumes, quality, conditions and other subtleties of the work process.
Various compensations (allowances and surcharges). They are awarded for performing duties in difficult conditions. Among them are high radiation levels, harsh climate, and the need to interact with chemicals.
Incentive payments (various bonuses, additional payments, allowances for having an academic degree, a high position and length of service). They are also related to the employee's salary and are included in it. The full list of incentive payments is specified in the local regulatory act of the director, collective or employment agreement.
In the draft law developed by the Russian Ministry of Labor, by order of the Constitutional Court, it is proposed to pay overtime work as follows:
Work according to a schedule, shifts (established standard of working hours for the reporting period) is paid according to the tariff or salary, taking into account all additional payments and compensations due to the employee, but not less than the minimum wage excluding payment for work in non-standard conditions.
Overtime work . Must be paid additionally at one and a half times the rate for the first 2 hours and at double the rate for subsequent hours. It is necessary to take into account not only the rates and salary, but also all due bonuses, additional payments, and allowances.
Separately, the bill refers to the fact that the previously established in the organization more preferential procedure for payment for work in excess of the norm, compared to the current law, can be arbitrarily cancelled unilaterally by the employer.
Changes in overtime pay from September 1, 2024
Source: shutterstock.com
Taking into account the established judicial practice, as well as the position of the Constitutional Court and amendments to the Labor Code of the Russian Federation, it is better to change the procedure for paying for work outside the schedule and adjust local regulations governing the procedure for paying for labor activity, including overtime.
To make adjustments to the current procedure for paying overtime work that does not comply with the new position of the Constitutional Court, the employer must:
Edit the regulations on remuneration and other local regulations of the director governing the procedure for remuneration for labor activity.
Specify in the documentation all payments related to compensation and incentives, included in the wage system and taken into account when calculating payment for work in excess of the norm.
Correct errors in the algorithm for calculating overtime pay using special software.
Specify the period from which overtime work will occur according to the new procedure.
Notify employees of all changes within 2 months.
Calculate payment for work in accordance with all changes.
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Alexey Boyarkin
Dmitry Svistunov
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