It is difficult to find a country more loyal to violations of labor legislation by employers than Russia.Here almost every day violates the rights of employees, but most of them for various reasons are afraid to assert their rights, allowing superiors to ignore the Labour Code itself.Such a position is fundamentally wrong and allows the majority of owners of private firms to consider such behavior norm.
is often associated with disorders such widespread as overtime.In this article, we will help you to understand what the law understands by the term and how to protect their rights in the event of regular overtime.Often, employees simply do not pay attention to the requests of the head of stay for an hour or two at the office, considering it's just a kind of force majeure, which is not part of their working day, or embarrassed to raise the issue of payment of these "extra" hours.And for many the emergence of this dispute and does threaten the loss of jobs, so they do not even try to find out your rights.
So overtime - absolutely any activity performed by the employee by the employer, outside working hours.That is, even a request "to stay for half an hour" - it is overtime.As for the employees, whose time is added, and in this case, the slightest excess of the working hours for the month should be accounted for as overtime work.If this does not happen, we can safely talk about the violation of the law.
How to be paid overtime?
accordance with the current Russian legislation, overtime for several hours after the end of the official set of the day the employer is obliged to pay in the following order:
first two hours paid time and a half (a minimum, the employer may establish a greater percentage)the amount of the normal salary.
third and all subsequent hours - at least double the amount.
should immediately clarify if you are working, for example, for one day, two and a half hours after work, and during the second - half an hour, then on the first day of the double tariff will be paid only the last half hour of work.And secondly, because the entire overtime, payment for which will go on a three-quarter rate (unless otherwise stipulated by the decision of the employer), lasted no more than half an hour, to a double count will not have to pay.
employees should also know another important point about the increased size of the working day.As the Labour Code, the employer is required to conduct a rigorous and thorough accounting of time spent by the employee on his initiative in the workplace.This overtime should not last more than a total of four hours over two days, following one another directly, or 120 hours during the year (referring to calendar).
Unfortunately, the reality is that rare employee avoided overtime employment, and for some even a regular work day has become the norm.But it is worth while to forget about their rights, because all work, especially if it takes a private time employee must be adequately paid.In view of this, lawyers are advised not to hesitate to raise issues relating to overtime pay and try to enforce the employer of all norms of Russian labor legislation.
If you are faced with the fact that your requests are ignored, you can always apply to the organization of labor protection, which will not only fill the gaps in knowledge of the Labour Code, but also tell you how to file a complaint and to prevent violations of their rights.
