Changes in overtime pay from September 1, 2024

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According to the currently valid provisions of the Labor Code of the Russian Federation, and specifically the provisions of Part 1 of Article 152 of the Labor Code, work over the schedule is paid as follows:

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 hour or day.

The procedure for calculating the amount of payments 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 peru email list 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.