How do I pay for the processing of the Labour Code of the Russian Federation?To answer this question, it is important to understand that such processing.
work: that is the norm bounds
According to the labor law, each worker must be set working hours, during which he is obliged to fulfill its duties.Generally accepted standards is considered to be a 40-hour week.For certain categories of workers, and it is even less.However, there are situations in which an employee can stay on the job.It is about nenormirovannosti working day (fixed in the employment contract), and overtime, for which you want to payment processing.The delay in the workplace because of the outstanding time employee assigned to duties of processing shall be considered rejected.Offer Pay processing can only come from the employer.
Processing (aka overtime)
If a representative of the employer is taking the initiative of bringing the employee to perform work outside the prescribed time period to work, it attracts him to work overtime at the end of the exhaust - day or night time -shifts.Processing of the work will be considered as at least 8 hours a day for employees who work on the reduction of the working day, and it exceeds the norm for them.Typically, recycling is intermittent, particularly applicable in the delivery of materials, delivery of statements.Practice, including the judiciary, indicates that processing can not be planned in advance, it's kind of a forced measure.For the execution of the decision may require the consent of the employee in writing.No act of a local representative of the employer may not contain provisions that when the relevant circumstances of the employee must consent to overtime.
What is the duration of the processing possible?
Since the processing means by a further effort, it should be monitored appropriately officially recorded and paid.Employer must provide accurate time tracking with respect to each employee.Unified form of accounting is a report card, which is affixed letter ("C") or digital ("04") with an indication of the code recycled time until minutes.Fixing the duration of work in excess of the need to avoid exceeding 4 hours over two days and 120 hours - during the year.These rules apply in respect of part-time workers.For car drivers, who are being summarized account of working hours, work on graphics + overtime can not be over 12 hours except in situations when it is necessary to wait for the complete flight or mate.
Who can not be called to work overtime?
Recycling working hours, remuneration for which is required, can not cover a number of employees.Nobody has the right to involve the processing of persons under age, pregnant.Women who have dependents are not attained the age of three children, the disabled can work overtime by giving written consent and in the absence of contraindications for health reasons (with the appropriate conclusion of physicians).Familiarize them with the possibility of failure must be recorded by hand.Similar guarantees apply to the parent raising without its second half under the age of five years the children of employees with disabled children and those caring for sick members of their families in the presence of a medical report.
Under what circumstances to obtain written consent to the processing of the employee's necessary?
Payment processed by the Labour Code should be carried out with obligatory presence of the employee's consent, if:
- for technical reasons, there was a delay in production, the worker has not fulfilled or completed the work on time within the working hours, and stops can serve as a threat to life and healthpeople who cause damage to or loss of property;
- there is a fault in machinery, buildings, lack of repairs which can cause stop the workflow for many workers;
- replaced by an employee does not show up for work, and stop the process is unacceptable;while the employer must have taken all necessary steps to replace the employee.
These circumstances do not require the employee to consent to the processing (it may refuse).Failure is not to be regarded as a breach of discipline at work.
In some cases, the employer does not require consent?
Payment processing will be made without the written consent to overtime when:
- the need for work on the prevention of disasters, industrial accidents and mitigation of their consequences;
- the need to implement activities aimed at addressing the failures of centralized gas, heat, hot and cold water supply, drainage, communications, lighting, transport;
- the need for work in cases that threaten the lives of people (war or state of emergency, natural disasters).
In these circumstances, refusal of the employee is not allowed.
Penalties
Lack of appropriate consent to perform overtime work, as well as ignorance of accounting processing time may result in administrative penalties (fines, suspension of the organization):
- officials - 1000-5000 rubles .;
- for legal entities - 30 000-50 000 rub.or suspension of the organization for a period of 90 days.
Documentation revisions
Hourly processing, pay for it must be prepared properly.Sometimes you may need to address in writing the memo manager, which shall specify the circumstances of the incident and the need for a staff member to work in excess of the norm.Then comes the need to notify the employee processing by sending him a written notice or a reference to the memo by hand, if necessary - to obtain consent, then issue an order for payment processing.Unified forms of the administrative document does not exist.It can be drawn at random from the mandatory content of the reasons for processing whom and for how long should bring to work.The order is issued in each case processing.In advance for a certain period (month, year), indicating it is prepared workers can not be.
How do I pay for the processing of the Labour Code
Labor legislation stipulates that labor for hours in excess of the employer should be properly compensated.It is as overtime and work on weekends, public holidays, at night.The answer to the question: "How do I pay for the processing of the Labor Code of Russia?" - Lies in article 152 of the instrument of labor law, which speaks of the need of the employer to provide for the first two hours of work a-half for the hours that followed - double pay.There may be higher rates, if this is reflected in the local regulatory framework of the enterprise, or collective labor agreements.Also spent time can be replaced with an equal to or greater than the clock processing of the rest.The choice of method of compensation - the prerogative of the employee, not rabotodatelya.Na practice can often face a number of questions about how processing paid by the Labour Code are not interpreted, concerning, for example, situations where the processing falls on weekends and holidaysor nighttime.Thus, in the case of processing, falling on the night must be paid for hours at night (at least 20%) and separately for overtime.Recycling in a weekend or holiday will be considered solely as a work weekend or a holiday with a corresponding double payment.Payment processing If you change the graph is calculated from the excess of the norms of working hours for the accounting period during the recording of working time.Everywhere it is calculated in different ways, but the jurisprudence defines an approach in which the first 2 hours of the total number of hours of processing in the accounting period must be paid time and a half, all the rest - at double the rate.Initially, the employer should be documented to determine the procedure for payment of overtime, t. E. What the basis for the application of raising factors will be taken into account (bare salary (wage rate) or salary + allowances).To pay for overtime is better to prepare a detailed accounting help-calculation.In the case of processing hours in excess of the maximum allowable rate of the employee shall be compensated in full.
