Full text of Art. 152 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2021. Legal advice on Article 152 of the Labor Code of the Russian Federation.
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime. Part lost force on October 6, 2006 - Federal Law of June 30, 2006 N 90-FZ.
Is it necessary to issue an order?
The need to fulfill or exceed the production plan does not always fit into the framework of working hours. In this case, there is a need to organize work beyond the normal duration of the shift, but overtime work according to the Labor Code of the Russian Federation has restrictions on attracting personnel to work outside the limits of the normal working day. In addition to its own restrictions established by Article 99 of the Labor Code of the Russian Federation, involvement in such work requires additional payment for overtime hours, which is established by Article 152 of the Labor Code of the Russian Federation.
The Labor Code of the Russian Federation does not indicate that registration of overtime work requires the issuance of a separate order from the manager. The main requirement is the employee’s written consent to work beyond the norm.
An exception is the cases listed in Part 3 of Art. 99 Labor Code of the Russian Federation. The employee’s consent may not be asked if:
- there is a need to prevent an accident or natural disaster;
- engage an employee to eliminate a breakdown that interferes with the enterprise’s water supply, lighting, communications, transport and other communications;
- An emergency arose, martial law was introduced, etc.
Despite the fact that in the above cases the employee’s written consent to overtime work is not necessary, overtime must be formalized and paid for.
For payment, overtime time in the time sheet is indicated by the code “C” or “04”. The basis for paying overtime hours is the timesheet.
The following categories of employees have the right to refuse overtime work:
- disabled people;
- women raising children under three years of age;
- a parent raising a child under five years of age alone;
- citizens raising disabled children;
- employees caring for a sick relative.
Such employees must be informed in writing of the possibility of refusing overtime work. This information can be indicated in the order. Managers of organizations should be aware that it is prohibited to involve pregnant employees and minors in extracurricular work.
Article 153. Remuneration for work on weekends and non-working holidays
Determination of the Supreme Arbitration Court of the Russian Federation dated November 10, 2008 N 14325/08 in case N A42-4563/2007 Recognizing the representation in the contested part as illegal, the courts, as a result of analyzing the provisions of Articles 11, 33 of the Law of the Russian Federation dated February 19, 1993 N 4520-1 “On State Guarantees and compensation for persons working and living in the regions of the Far North and equivalent areas”, Articles 153, 325 of the Labor Code of the Russian Federation, came to the conclusion that the fact of unlawful use of budget funds has not been proven, the contested submission regarding the imposition of obligations for payment of funds to the budget violates the rights of the applicant.
Determination of the Constitutional Court of the Russian Federation dated July 16, 2015 N 1626-O
As for the contested provision of Article 153 of the Labor Code of the Russian Federation, it, by providing an employee who worked on a day off or a non-working holiday with the opportunity to receive a day of rest in exchange for increased wages, cannot be regarded as limiting the applicant’s right to rest, taking into account also that that E.V. Kozlov, as follows from court decisions, submitted his application for days of rest in lieu of working on weekends and non-working holidays after the date from which he would like to receive these days of rest.
Determination of the Constitutional Court of the Russian Federation dated December 20, 2016 N 2704-O
The provisions of Articles 113 and 153 of the Labor Code of the Russian Federation were applied in the applicant’s case by the courts of general jurisdiction. 2. The Constitutional Court of the Russian Federation, having studied the presented materials, finds no grounds for accepting this complaint for consideration. According to Article 37 (Part 5) of the Constitution of the Russian Federation, everyone has the right to rest; Those working under an employment contract are guaranteed the length of working hours established by federal law, weekends and holidays, and paid annual leave.
Resolution of the Supreme Court of the Russian Federation dated August 3, 2017 N 73-AD17-2
By the decision of the judge of the Sovetsky District Court of Ulan-Ude dated November 15, 2021, the specified resolution and decision of officials of the State Labor Inspectorate in the Republic of Buryatia were canceled in terms of imputation of violation of the requirements of Articles 152, 153 of the Labor Code of the Russian Federation; in the rest of these acts, these acts were cancelled, the proceedings in the case of an administrative offense, provided for in Part 1 of Article 5.27 of the Code of the Russian Federation on Administrative Offenses, in relation to MBDOU kindergarten No. 57 “Belochka” were terminated due to the insignificance of the administrative offense committed, an oral reprimand was announced to the institution.
“Legal positions of the Constitutional Court of the Russian Federation on certain issues. The principle of fair wages"
[…] from the first part of Article 153 of the Labor Code of the Russian Federation, which provides as a general rule for payment for work on a day off or a non-working holiday in no less than double the amount, in conjunction with the provisions of paragraph two of part two of Article 22 and Articles 132 and 149 of this of the Code (especially taking into account the use in part three of its Article 153 of the term “increased payment” in relation to payment for hours actually worked on a day off or a non-working holiday) it clearly follows that work on a day off or a non-working holiday should be paid at larger than similar work performed on a normal working day. An increase in wages in such cases is intended to compensate for the employee’s increased labor costs due to work during the rest time, and therefore, being a guarantee of fair wages in conditions deviating from normal, it should apply to all persons working under an employment contract, regardless on the working hours and wage system established for them.
Determination of the Constitutional Court of the Russian Federation dated July 3, 2018 N 1672-O
1. In his complaint to the Constitutional Court of the Russian Federation, citizen K.V. Golubev disputes the constitutionality of the first part of Article 153 of the Labor Code of the Russian Federation, according to which work on a day off or a non-working holiday is paid at least double the amount: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.
Determination of the Constitutional Court of the Russian Federation dated July 3, 2018 N 1673-O
1. In his complaint to the Constitutional Court of the Russian Federation, citizen S.V. Plekhanov disputes the constitutionality of the first part of Article 153 of the Labor Code of the Russian Federation, according to which work on a day off or a non-working holiday is paid at least double the amount: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.
Determination of the Constitutional Court of the Russian Federation dated September 27, 2018 N 2231-O
THE RIGHTS OF PART TWO ARTICLE 153 OF THE LABOR CODE OF THE RUSSIAN FEDERATION are the Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, O.S. Khokhryakova, V.G. Yaroslavtseva,
Resolution of the Supreme Court of the Russian Federation dated December 25, 2020 N 51-AD20-3
From the materials of the case regarding the administrative offense, it is clear that L.V. Larchenko, who is the chief accountant of the regional state budgetary institution “Yarovsky Center for Assistance to Children Without Parental Care,” was brought to administrative liability by a resolution of an official of the administrative body on the basis of Part 6 of Article 5.27 of the Code of the Russian Federation on administrative offenses for calculating wages to an employee of the institution Podoprigora L.V. for the period from January to November 2021 not in full (below the established minimum wage without taking into account the requirements of Articles 148, 153, 154 of the Labor Code of the Russian Federation). The district court judge agreed with these conclusions, changing the ruling regarding the imposed administrative punishment.
Determination of the Constitutional Court of the Russian Federation dated December 24, 2020 N 3010-O
According to the applicant, Articles 135, 149 and 153 of the Labor Code of the Russian Federation do not correspond to Articles 15 (parts 1 - 3), 18, 19 (parts 1 and 2), 37 (part 3) and 55 of the Constitution of the Russian Federation, since they allow the employer to violate the principle of equality when establishing additional payments to employees, and articles 186 of the Labor Code of the Russian Federation and paragraph 13 of the Regulations on the specifics of the procedure for calculating average wages allow a reduction in the average earnings of an employee for the days he donates blood and its components.
Determination of the Supreme Court of the Russian Federation dated May 21, 2010 N 8-B10-2
As can be seen from the case materials and established by the court when resolving the dispute, T. has been working as a teacher of technological labor at the Municipal Educational Institution "Kamennikovskaya Secondary School" since June 1, 1990; since June 1, 2006, the plaintiff has also been performing part-time duties as a guard, in a 12-hour work shift according to the schedule approved by the defendant. The official salary (tariff rate) for the work of a watchman performed by T. is 1,913 rubles, which corresponds to the tariff rate (salary) of the 2nd category of the Unified tariff schedule for remuneration of employees of municipal institutions of the Rybinsk municipal region. Additional payments for work at night and on holidays were made to the plaintiff in accordance with the Regulations on remuneration of workers of the Kamennikovskaya Secondary School and the provisions of Art. Art. 153, 154 of the Labor Code of the Russian Federation. The law does not prohibit setting an official salary below the minimum wage. Additional payments to the plaintiff for work at night and on holidays are legally calculated in relation to the salary, while the plaintiff’s monthly salary as a watchman is no less than the minimum wage, there were no violations of the plaintiff’s labor rights.
How much and how are overtime hours paid?
Organizational managers are often interested in how much to pay for overtime worked by an employee? For greater clarity, we have placed a table:
| Period of extracurricular work | Overtime pay |
| First 2 hours | Must be paid at least one and a half times the amount |
| Subsequent hours | At least double the size |
The amount of payment for overtime work indicated in the table is considered minimal, that is, the employer does not have the right to pay less. But the amount of payment for work above the norm can be increased by the head of the enterprise. Information about this should be indicated in the company’s local act or employment contract with the employee.
If the employee does not mind, the organization can compensate him for the time worked above the norm, not in cash, but with additional days off. The duration of the non-working period cannot be less than the time spent on work. But such overtime work is paid at a single rate.
If processing is the employee’s own initiative, then such work is not extracurricular and is not paid.
Article 152. Payment for overtime work
Review of judicial practice of the Supreme Court of the Russian Federation dated May 28, 2008 Question 4: Is compensation subject to compensation in accordance with Art. 152 - 154 of the Labor Code of the Russian Federation to employees of internal affairs bodies sent on a business trip to the North Caucasus region and participating in counter-terrorism operations and performing tasks to protect public order, their performance of official duties at night, weekends and holidays, as well as work beyond the statutory working hours?
Determination of the Constitutional Court of the Russian Federation dated May 26, 2016 N 952-O
Articles 147 and 152 of the Labor Code of the Russian Federation were applied in the applicant’s case by the courts of general jurisdiction. 2. The Constitutional Court of the Russian Federation, having studied the presented materials, finds no grounds for accepting this complaint for consideration. 2.1. Contrary to the requirements of Articles 96 and 97 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, the materials presented by the applicant do not confirm the application by the court in her specific case of the provisions of Articles 117 and 146 of the Labor Code of the Russian Federation, and therefore her complaint in this part does not meet the criterion admissibility of appeals to the Constitutional Court of the Russian Federation cannot be accepted for consideration by the Constitutional Court of the Russian Federation.
Resolution of the Supreme Court of the Russian Federation dated July 31, 2009 N 18-AD09-8
4) payment of overtime work to driver K.N. for April 16, 2008 and April 17, 2008, in violation of Article 152 of the Labor Code of the Russian Federation, was not made; 5) On April 29, 2008, driver B. from 7 hours 35 minutes to 17 hours 00 minutes, on April 30, 2008 - from 6 hours 20 minutes to 17 hours 00 minutes, on May 1, 2008, was at the workplace according to travel sheets N 2794, 2912, 2958, that is, the duration of rest between shifts is less than double the duration of work on the working day (shift) preceding the rest, which is a violation of the requirements of Article 329 of the Labor Code of the Russian Federation and the Regulations on the peculiarities of the working time and rest time of car drivers ( Appendix to the Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 N 15).
Resolution of the Supreme Court of the Russian Federation dated September 2, 2014 N 18-AD14-36
— in violation of the requirements of Article 152 of the Labor Code of the Russian Federation, payment for overtime work of D. in December 2012 was made at a single rate. By Resolution of the Head of the Department of Legal Supervision and Control - Chief State Labor Inspector (legal issues) of the State Labor Inspectorate in the Krasnodar Territory N 6-2045-12-UV/0131/6/2 dated August 28, 2013, Euroset-Retail LLC was recognized guilty of committing an administrative offense under Part 1 of Article 5.27 of the Code of the Russian Federation on Administrative Offences, and was subjected to administrative punishment in the form of an administrative fine in the amount of 49,000 rubles (case sheets 3 - 6).
Resolution of the Supreme Court of the Russian Federation dated June 16, 2016 N 22-AD16-2
— in violation of Article 152 of the Labor Code of the Russian Federation, the employee’s overtime work in August 2014 was not paid. These and other identified violations were recorded in the inspection report dated November 14, 2014. Based on the violations identified, an official of the State Labor Inspectorate in the Republic of Sakha (Yakutia) drew up a protocol on the company regarding an administrative offense, as provided for in Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Resolution of the Supreme Court of the Russian Federation dated August 3, 2017 N 73-AD17-2
By the decision of the judge of the Sovetsky District Court of Ulan-Ude dated November 15, 2021, the specified resolution and decision of officials of the State Labor Inspectorate in the Republic of Buryatia were canceled in terms of imputation of violation of the requirements of Articles 152, 153 of the Labor Code of the Russian Federation; in the rest of these acts, these acts were cancelled, the proceedings in the case of an administrative offense, provided for in Part 1 of Article 5.27 of the Code of the Russian Federation on Administrative Offenses, in relation to MBDOU kindergarten No. 57 “Belochka” were terminated due to the insignificance of the administrative offense committed, an oral reprimand was announced to the institution.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated August 12, 2019 N 25-КГ19-7
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime (Part 1 of Article 152 of the Labor Code of the Russian Federation).
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated August 19, 2019 N 18-КГ19-77
The rules for paying overtime work are established in Article 152 of the Labor Code of the Russian Federation. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime (Part 1 of Article 152 of the Labor Code of the Russian Federation).
Determination of the Supreme Court of the Russian Federation dated April 30, 2009 N 21-В09-10
By virtue of Articles 152 - 154 of the Labor Code of the Russian Federation, work at night, on weekends and holidays, as well as work outside normal working hours, must be compensated by increased pay. The court found that Aramisov A.Z. is an employee of the Ministry of Internal Affairs for the Kabardino-Balkarian Republic. From February 2, 2004 to November 30, 2006, he was involved in heavy duty duty, as well as work at night, weekends and holidays, but he was not paid for the specified time.
Determination of the Supreme Court of the Russian Federation dated April 30, 2009 N 21-В09-6
By virtue of Articles 152 - 154 of the Labor Code of the Russian Federation, work at night, on weekends and holidays, as well as work outside normal working hours, must be compensated by increased pay. The court found that Dogov Kh.M. Since December 23, 2002, he has been serving in the position of ... patrol regiment of the Ministry of Internal Affairs for the Kabardino-Balkarian Republic. During his service, he was repeatedly involved in overtime work, work on weekends and holidays, but this work was not paid.
Determination of the Supreme Court of the Russian Federation dated May 21, 2009 N 21-В09-5
By virtue of Articles 152 - 154 of the Labor Code of the Russian Federation, work at night, on weekends and holidays, as well as work outside normal working hours, must be compensated by increased pay. The court found that the plaintiffs, while serving in the riot police of the Ministry of Internal Affairs of the Kabardino-Balkarian Republic, on the basis of orders of the Minister of Internal Affairs of the Kabardino-Balkarian Republic, as well as orders issued on their basis by the commander of the riot police of the Ministry of Internal Affairs of the Kabardino-Balkarian Republic, were repeatedly subjected to overtime work and work on weekends and holidays, but the specified work was not paid.
What methods of recording working hours exist?
Choosing a method for recording working time is a concern for managers. Much in this matter depends on the scope of the organization. The chosen type of accounting must be specified by the director of the company in the internal regulations. The following types of accounting are distinguished:
- daily;
- Monday;
- summarized.
With summarized accounting, there may be a deviation in the duration of working hours during the day, week or month. The main requirement: at the end of the accounting period, the employee must have worked a number of hours in accordance with the approved norm.
The standard working day is 8 hours. With a five-day working week, the working time limit reaches 40 hours. But there are exceptions. If a person works a shift, his working day can last 12 hours. For some categories of employees, a shortened working day may be established. In this case, their working week is 24-36 hours. You can find out how much time a worker with a normal or reduced working day must work per month, quarter and year using the production calendar. Using a regular calculator, it will not be difficult to calculate recycling.
In the case of daily accounting, overtime or shortfalls are recorded within one day. Labor payment is calculated for each day of processing separately. And overtime (payment) is given at the end of the month.
Overtime pay: example
Let's look at a specific example of how to calculate overtime (2019). Manager Barulin V.M. worked 3 hours after hours on 03/03/2019 and 4 hours on 03/10/2019. His hourly earnings are 140 rubles. The first two hours of each overtime must be paid at one and a half times the rate. The rest of the time is double time. The amount will be:
March 3 = (140 rub. × 1.5 × 2 hours) (140 rub. × 2 × 1 hour) = 700 rub.
March 10 = (140 rubles × 1.5 × 2 hours) (140 rubles × 2 × 2 hours) = 980 rubles.
Barulin V.M. 1680 rubles will be credited. for extra work.
When recording working hours in aggregate, overtime work (payment) should be assessed as follows: time worked outside of normal hours is calculated based on the results of the accounting period. The first two hours of work are paid at least time and a half. The rest of the time is double time.
Another comment to Art. 152 Labor Code of the Russian Federation
1. The commented article provides for the procedure for payment in case of work outside the normal working hours, i.e. overtime work.
On the concept of overtime work and the procedure for engaging in it, see Art. 99 TC and commentary to it.
2. Since overtime work is carried out outside the normal working hours, i.e. in conditions deviating from normal, its payment is made at an increased rate. The commented article establishes the minimum amount of increase in pay: the first two hours of overtime work are paid at least one and a half times the rate, subsequent hours - at least double the rate, i.e. the minimum amount of additional payments is 50% for the first two hours, and 100% of the hourly tariff rate (salary) for subsequent hours.
3. The specific amounts of additional payment for overtime work can be determined in a collective agreement, a local regulatory act, an employment contract or in the written consent given by the employee when he is involved in overtime work.
If the amounts of additional payments for overtime work are not established by contract or in local regulations, then they should be made in the amount specified in the commented article.
4. Overtime work must be paid at an increased rate in any case, regardless of whether the established procedure for its production was observed (clause 6 of the Resolution of the Plenum of the USSR Supreme Court of November 24, 1978 “On the application by courts of legislation regulating the remuneration of workers and employees ").
5. A fundamentally new rule is that allows compensation for overtime work by providing additional rest time. The commented article provides for the possibility, at the request of the employee, of providing him, instead of increased pay, with additional rest time, but not less than the time worked overtime.
The employee’s desire to receive this type of overtime compensation must be expressed in writing, and the employer, if there is a corresponding application from the employee, is obliged to provide him with additional rest time. The timing of the use of this type of overtime compensation must be agreed upon by the parties.
The Labor Code does not establish the duration of additional rest time, limiting only its minimum limit - no less than the time worked overtime. The specific duration of this time can be established in a collective agreement, in an individual employment contract, as well as in an additional agreement between the parties to the employment contract, concluded by them either when involving the employee in overtime work, or when providing this type of compensation. Since Art. 99 of the Labor Code connects the involvement of an employee in overtime work with his written consent; it is advisable to determine in it the type of compensation, as well as the duration of additional rest time and the time of its use when the employee chooses this particular type of compensation.
6. In accordance with paragraph 4 of Art. 11 of the Federal Law of June 7, 2013 N 108-FZ “On the preparation and holding in the Russian Federation of the 2021 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation” overtime work of FIFA employees, subsidiaries FIFA organizations, FIFA counterparties, confederations, national football associations, the Russian Football Union, the Russia 2018 Organizing Committee, its subsidiaries, whose labor activities are related to the implementation of events, are compensated by the provision of additional rest time, but not less than the time worked overtime, with taking into account the plans of the relevant organizations for the implementation of activities, unless otherwise provided by agreement of the parties to the employment contract. At the same time, the requirements of the commented article do not apply to these employees.
How is overtime paid on a salary basis?
In Art. 152 of the Labor Code of the Russian Federation there is no information about what amount should be taken into account. Therefore, many employers are wondering whether to take into account only salary or average income along with bonuses and allowances. When calculating overtime, managers often take double the tariff as a minimum. Incentive and compensation payments are not taken into account. Overtime work is paid inclusive of bonus payments only if the employer has established such a procedure.
If such a procedure is not established, then the cost of an hour is equal to the salary divided by the number of standard hours in the accounting month according to the production calendar. If the period of summarized accounting is more than one month, it is necessary to determine the average cost of an hour for the entire period (for example, salary income for a quarter divided by the standard time for the specified quarter). Overtime calculations must be made from the resulting cost per hour.
What are the rules for paying overtime on a shift schedule?
Let's look at how overtime is paid during a shift work schedule. If a worker works in shifts, his salary can be calculated using both hourly tariff rates and on a salary basis.
In the first case, overtime is calculated as follows: the number of hours worked during a certain period is multiplied by the established rate.
If the organization uses a salary system, then every month the employee is transferred the same amount of remuneration.
How is overtime pay for piece workers calculated?
Citizens who work piecework are paid for each part produced. Overtime pay for piece workers depends on how many parts they produce outside of normal working hours, as well as on the length of overtime work. Cash is paid without taking into account one and a half or double premium.
Example: Kurochkina A.N. works at the factory. She works piecework. For each part made, she is paid 400 rubles. On 03/09/2019 she worked 4 hours outside of school hours, producing 5 parts during this time: 2 pcs. - for the first 2 hours and 3 pcs. — for the remaining 2 hours. Payment depends on the number of parts produced and on the time worked above the norm. Therefore the calculation is:
(400 rub. × 1.5 × 2 pcs.) (400 rub. × 2 × 3 pcs.) = 1200 rub. 2400 rub. = 3600 rub.
