Overtime work during shift working hours can be formalized in the form of overtime work or irregular working hours. Payment for such processing depends on its type, determined by the agreement between the employee and the employer.
Russian labor legislation provides for two types of processing, which differ not only in design, but also in payment, and other guarantees provided to the employee. So, in case of occasional involvement in work outside the shift, overtime work should be formalized. If the employer has a systematic need for processing of a specific employee, then an irregular working day is drawn up, the condition of which is fixed in the text of the employment contract or in an additional agreement. The problem is the absence of the concept of systematic involvement in additional work in the Labor Code of the Russian Federation, which allows employers in almost all cases to formalize overtime by establishing irregular working hours, which is more beneficial to organizations from an economic point of view.
How is overtime paid?
For an employee, the most beneficial option is to treat periodic overtime work as overtime work. In this case, the organization issues an order to attract an employee to the specified work, which must be paid in one and a half amount for the first two hours (after each shift) and double for the next hours. If desired, the employee may not receive the specified monetary remuneration for overtime work, but replace it with additional rest. In this case, the duration of the specified additional rest should not be less than the processing time. The above wages are the minimum, the internal document of the organization, the amount of payments for overtime work may be increased.
How is processing paid for with irregular working hours?
Irregular working hours are usually enshrined in the organization's employment contract with the employee, since overtime under this regime is systematic, they are due to the nature of the specific work. That is why labor legislation does not provide for increased guarantees for employees who carry out labor activities in this mode. Additional pay is not accrued to employees with irregular working hours, but they are entitled to additional annual leave, the minimum duration of which is three calendar days. The said leave must also be paid by the employer, which is a certain compensation for such a work schedule.
