Actions of an employee in case of non-payment of overtime
Posted: Sun Dec 22, 2024 7:52 am
Dishonest employers often try to avoid the mandatory paperwork for recording overtime and do not pay employees for overtime. To protect their rights and substantiate claims in court, the employee must confirm:
the fact that the employer has given an order to perform certain work within a specific time;
their actual implementation.
If an employee voluntarily stays late at work, and singapore business email list there were no assignments to perform work at that time, this cannot be called overtime work.
Actions of an employee in case of non-payment of overtime
Source: shutterstock.com
In judicial practice, evidence of overtime may include: timesheets, information obtained from time tracking programs, recording when employees come to work and go home, all kinds of orders, explanations on the case, and waybills.
For example, during one of the court proceedings, an employee presented pay slips to the court as evidence, as well as a certificate from an accountant about working overtime, and put forward a demand for payment of wage arrears for 2 years. The court fully satisfied them.
It is important to remember that the existence of an order to perform work overtime is very difficult to prove, so the courts side with the employer in this matter. An indisputable argument will be an order to involve in overtime work. The court generally does not accept other evidence.
Let's look at the situation: during one of the court proceedings, an employee presented a work time log, forms, duty schedules and routes as evidence of overtime. But the court could not recognize the existence of overtime, since the employee himself entered the entries in the log, and the rest of the documentation was planned. The court stated that the applicant did not provide evidence indicating that his immediate superior had assigned him the work. On this basis, the claim was dismissed. Other cases have the same content.
In circumstances where the information contained in timesheets and timekeeping programs differs, courts have relied primarily on the information in the timesheet. Their reasoning is that printouts from an electronic timekeeping program do not guarantee that work was performed in excess of the norm or by order of the director.
Download a useful document on the topic:
Checklist: How to Achieve Your Goals in Negotiations with Clients
Frequently asked questions about overtime pay
Overtime is paid at special rates. They are specified in the employment contract. Do not forget about the rules for documenting overtime and the intricacies of calculating compensation.
What is the maximum amount of recycling?
According to Article 99 of the Labor Code of the Russian Federation, the maximum duration of overtime work should not exceed 4 hours in 2 days and 120 hours per year.
Is working on weekends considered overtime?
According to the labor inspectorate, performing professional tasks on weekends is not considered overtime work. It is worth answering how overtime work on weekends is paid. For working on his day off, a subordinate will receive double wages (Article 153 of the Labor Code of the Russian Federation).
Let's say the average working day at many enterprises is 8 hours. He was suddenly called to work on a holiday. He worked 10 hours. The director of the enterprise will pay them at double the rate, while there is no need to allocate 2 hours and pay them as 1.5 rates. Such an explanation is given in Resolution No. 13 / P-21 "On compensation for work on holidays", which was approved by the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions on 08.08.1966 No. GKPI05-1341. If an employee was forced to work not only on his day off, but also overtime, since there was a need to eliminate an emergency, in this case the principle of overtime payment applies.
How is overtime paid during a business trip?
Even someone who is on the way to another city at the request of the management can be called to work overtime. If an employee works longer than required to carry out the instructions of the director who is away on work, this can be called overtime (decision of the Chelyabinsk Regional Court of February 25, 2015 No. 7-122/2015, letter of the Ministry of Labor of Russia of November 14, 2013 No. 14-2-195). However, there is no single correct answer to the question of payment for such work. We believe that overtime work should be paid double.
Also, remember that not everyone can be involved in overtime work, even if they agree to it. Enjoy your work!
the fact that the employer has given an order to perform certain work within a specific time;
their actual implementation.
If an employee voluntarily stays late at work, and singapore business email list there were no assignments to perform work at that time, this cannot be called overtime work.
Actions of an employee in case of non-payment of overtime
Source: shutterstock.com
In judicial practice, evidence of overtime may include: timesheets, information obtained from time tracking programs, recording when employees come to work and go home, all kinds of orders, explanations on the case, and waybills.
For example, during one of the court proceedings, an employee presented pay slips to the court as evidence, as well as a certificate from an accountant about working overtime, and put forward a demand for payment of wage arrears for 2 years. The court fully satisfied them.
It is important to remember that the existence of an order to perform work overtime is very difficult to prove, so the courts side with the employer in this matter. An indisputable argument will be an order to involve in overtime work. The court generally does not accept other evidence.
Let's look at the situation: during one of the court proceedings, an employee presented a work time log, forms, duty schedules and routes as evidence of overtime. But the court could not recognize the existence of overtime, since the employee himself entered the entries in the log, and the rest of the documentation was planned. The court stated that the applicant did not provide evidence indicating that his immediate superior had assigned him the work. On this basis, the claim was dismissed. Other cases have the same content.
In circumstances where the information contained in timesheets and timekeeping programs differs, courts have relied primarily on the information in the timesheet. Their reasoning is that printouts from an electronic timekeeping program do not guarantee that work was performed in excess of the norm or by order of the director.
Download a useful document on the topic:
Checklist: How to Achieve Your Goals in Negotiations with Clients
Frequently asked questions about overtime pay
Overtime is paid at special rates. They are specified in the employment contract. Do not forget about the rules for documenting overtime and the intricacies of calculating compensation.
What is the maximum amount of recycling?
According to Article 99 of the Labor Code of the Russian Federation, the maximum duration of overtime work should not exceed 4 hours in 2 days and 120 hours per year.
Is working on weekends considered overtime?
According to the labor inspectorate, performing professional tasks on weekends is not considered overtime work. It is worth answering how overtime work on weekends is paid. For working on his day off, a subordinate will receive double wages (Article 153 of the Labor Code of the Russian Federation).
Let's say the average working day at many enterprises is 8 hours. He was suddenly called to work on a holiday. He worked 10 hours. The director of the enterprise will pay them at double the rate, while there is no need to allocate 2 hours and pay them as 1.5 rates. Such an explanation is given in Resolution No. 13 / P-21 "On compensation for work on holidays", which was approved by the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions on 08.08.1966 No. GKPI05-1341. If an employee was forced to work not only on his day off, but also overtime, since there was a need to eliminate an emergency, in this case the principle of overtime payment applies.
How is overtime paid during a business trip?
Even someone who is on the way to another city at the request of the management can be called to work overtime. If an employee works longer than required to carry out the instructions of the director who is away on work, this can be called overtime (decision of the Chelyabinsk Regional Court of February 25, 2015 No. 7-122/2015, letter of the Ministry of Labor of Russia of November 14, 2013 No. 14-2-195). However, there is no single correct answer to the question of payment for such work. We believe that overtime work should be paid double.
Also, remember that not everyone can be involved in overtime work, even if they agree to it. Enjoy your work!