In this regard, the inclusion in regulatory legal acts of a clause on mandatory consent to work overtime is a gross violation of the Labor Code of the Russian Federation.
Every instance of an employee being called to work overtime must be documented.
Be sure to provide a clear reason, do not use general phrases like “Due to production needs,” because this concept itself does not reveal the real reason for working outside the schedule.
Often, the process begins with the initiator of singapore business email list overtime work (the head of the structural division of the enterprise) drafting a report or memo. As a rule, the text of the memo includes:
the reason why employees are required to work overtime;
list of persons involved in activities outside the schedule;
duration of overtime work, time of its completion;
recipient of the note (the director of the enterprise or his authorized representative);
date, time and signatures of employees.
Based on this document, the director decides how appropriate it is to involve a particular employee in overtime work. In doing so, he can call the initiator for a conversation and demand that he justify such a decision.
Rules for processing
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Most often, the manager puts his resolution in the note, for example, “To the order” or any other content, which is addressed to the head of the HR department (in order to collect the documents necessary for drawing up the order or generating notifications), as well as to the chief accountant for the correct calculation of payments to employees working overtime.
After receiving approval from the head of the enterprise or another competent person, as a rule, the head of the HR department generates notifications for everyone involved in overtime work, with a focus on the service (report) note.
The text of the notification of overtime work may be free, but it must necessarily include the following:
last name, first name, patronymic and position of the person(s) involved in activities outside the schedule;
reason for performing overtime work;
their duration and period;
nuances regarding payment;
date and signature of the head of the personnel department.
An additional section of the document is the employee's consent or refusal to work overtime, if there is no emergency or other circumstances. This section can be printed on the back side. Below we will give examples of how overtime is paid according to the Labor Code of the Russian Federation.
Calculating the cost of an hour of work for overtime pay
To understand how to pay for overtime, you need to calculate the cost of an hour of work. In practice, several methods are used for this.
Method No. 1. Calculating the cost of an hour of work depending on the monthly working time standard
Hourly rate = salary / number of hours worked in a month.
This approach assumes that the cost per hour of work varies in different months.
For example, an employee’s salary is 27,000 rubles.
Hourly rate in January: RUB 27,000/136 h = RUB 198.5.
July hourly rate: RUB 27,000 / 184 h = RUB 146.7.
The difference exceeds 30%.
Method No. 2. Calculating the cost of an hour of work taking into account the average monthly number of hours of work per year
Hourly rate = salary / average monthly number of working hours per year.
The calculation using this method is recommended by the Russian Ministry of Health in its letter dated 02.07.2014 No. 16-4/2059436. This approach equalizes the hours that a person worked in different months.
If an employee's workweek is 40 hours, then in 2019 the average number of working hours per month is determined as follows:
1970 hours / 12 months = 164 hours
The hourly rate of the employee from our example in any month is:
27,000 rub. / 164 hours = 164.6 rub.