New payment procedures for overtime work of employees

Legal Digest News
On September 1, 2024, amendments to the Labor Code of the Russian Federation will come into force, which will change the procedure for paying overtime for employees. Employers will pay more for such work.

According to the changes, when calculating overtime pay, not only the size of the tariff rate or salary will be taken into account, but also the amount of compensation and incentive payments (for example, bonuses and allowances), which was not previously included in the calculation. This means that the employee will receive more money for this type of work.

The amendments are related to the Resolution of the Constitutional Court of June 27, 2023 No.35-P, which states that the tariff rate or salary is only part of the remuneration. Calculating overtime without taking into account additional payments leads to the fact that an employee working overtime will receive less pay than for work within the norm. In such a situation, the principle of equality is violated, which means not only the need for equal pay for work of equal value, but also the inadmissibility of applying the same rules to workers in different positions.

We remind you that overtime work is recognized as work performed by an employee on the initiative of the employer outside the established working hours of daily work. In other words, it is overworking beyond the norm of working time.

It is possible to involve an employee in work beyond the norm only with his consent. After that, an appropriate order is issued.

Overtime is paid for the first two hours of work in at least one and a half times, for subsequent hours — in at least double the amount.

If you have any questions about paying employees, please contact Acsour experts. Our specialists take into account new legal requirements and organize the work of your company in accordance with these requirements.