On#nbsp;September 1, 2024, amendments to#nbsp;the Labor Code of#nbsp;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#nbsp;the changes, when calculating overtime pay, not only the size of#nbsp;the tariff rate or#nbsp;salary will be#nbsp;taken into account, but also the amount of#nbsp;compensation and incentive payments (for example, bonuses and allowances), which was not previously included in#nbsp;the calculation. This means that the employee will receive more money for this type of#nbsp;work.
The amendments are related to#nbsp;the Resolution of#nbsp;the Constitutional Court of#nbsp;June 27, 2023 No.35-P, which states that the tariff rate or#nbsp;salary is#nbsp;only part of#nbsp;the remuneration. Calculating overtime without taking into account additional payments leads to#nbsp;the fact that an#nbsp;employee working overtime will receive less pay than for work within the norm. In#nbsp;such a#nbsp;situation, the principle of#nbsp;equality is#nbsp;violated, which means not only the need for equal pay for work of#nbsp;equal value, but also the inadmissibility of#nbsp;applying the same rules to#nbsp;workers in#nbsp;different positions.
We#nbsp;remind you that overtime work is#nbsp;recognized as#nbsp;work performed by#nbsp;an#nbsp;employee on#nbsp;the initiative of#nbsp;the employer outside the established working hours of#nbsp;daily work. In#nbsp;other words, it#nbsp;is#nbsp;overworking beyond the norm of#nbsp;working time.
It#nbsp;is#nbsp;possible to#nbsp;involve an#nbsp;employee in#nbsp;work beyond the norm only with his consent. After that, an#nbsp;appropriate order is#nbsp;issued.
Overtime is#nbsp;paid for the first two hours of#nbsp;work in#nbsp;at#nbsp;least one and a#nbsp;half times, for subsequent hours#nbsp;— in#nbsp;at#nbsp;least double the amount.
If#nbsp;you have any questions about paying employees, please contact Acsour experts. Our specialists take into account new legal requirements and organize the work of#nbsp;your company in#nbsp;accordance with these requirements.