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Method No. 3. Calculating the hourly rate based on the standard working hours according to the schedule

Posted: Sun Dec 22, 2024 7:51 am
by Mimakte
Hourly rate = sum of annual salaries / standard working hours according to the schedule.

This calculation method is set out in the Decision of the Supreme Court of the Russian Federation dated 21.06.2007 in case No. GKPI-07-516. This transition is good, since it takes into account the increase in salary over the year.

Method No. 3. Calculating the hourly rate based on the standard working hours according to the schedule

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However, this calculation method has a serious drawback: it takes into account only salaries. There are cases when employers were punished by GIT inspectors for underpaying employees for overtime singapore business email list if their salaries were significantly lower than the minimum wage, and the employee's salary consisted of a percentage of sales. So, in order to avoid a fine, it is better to calculate not the total salaries, but the actual fee with all additional payments.

Each calculation method can be applied quite successfully, and none of them can be called a standard, since the calculation procedure is not prescribed in the legislation of the Russian Federation. The employer has the right to choose any method taking into account the specifics, to prescribe the method of calculating working hours in a local act, an agreement with an employee or a team.

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How is overtime paid?
In the case of work under a collective agreement, the employer can specify the rates for overtime pay independently. One condition - they should not be lower than those established by the Labor Code of the Russian Federation:

Additional payment for the first 2 hours of overtime is calculated according to the formula: hourly rate multiplied by 1.5;

Each subsequent hour is paid in the same way, but the coefficient is replaced by 2.

How is overtime paid?

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At the same time, payment for overtime work can be replaced by hours of rest for the employee. The number of free hours must be equal to the number of hours worked. The employee can choose the method of compensation himself.

Important addition: if you have worked more than 120 hours in a calendar year, this must be compensated by the employer. The bonus cannot be used as payment for overtime work. If you have not been paid for the extra hours worked, you have the right to contact the prosecutor's office or the federal labor inspectorate. For officials, the fine varies from 1,000 to 5,000 rubles, and for companies - from 30,000 to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

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Payment for overtime hours by example
It's time to look at an example of how overtime is paid depending on the schedule. According to the contract with Phoenix LLC, Yemelyanov must work at least 40 hours a week with a salary of 55,000 rubles. In August, he was asked to work overtime:

08.23 - 2 hours;

08.23 - 5 hours.

In August, the man worked 184 hours. This is how Yemelyanov will be paid for his work in the end:

Hourly rate in August Payment for excess 17.08 Payment for excess 21.08
55,000/184=298.91 298.91*1.5*2=896.73 (298.91*1.5*2)+(298.91*2*3)=896.73+1793.46=
=2690.19
The total amount of payment for Yemelyanov’s overtime work is 3,586.92 rubles.

Next, we will look at how overtime at night is paid for according to the Labor Code of Russia. According to the letter of the Ministry of Labor of the Russian Federation dated September 4, 2018 No. 14-1 / OOG-7353, for labor activity in the period from 22:00 to 06:00, additional payments must be made in the amount of at least 20% of the tariff.

Let's give an example: plumber Demin, on orders from his boss, worked overtime:

08.23 - 2 hours from 23:00 to 01:00;

08.23 - 5 hours from 22:00 to 03:00;

08.23 - 4 hours from 20.00 to 00:00.

His hourly rate is 298.91 rubles. If you add 20% to it, you get 358.69 rubles. Let's pay attention to the numbers:

17.08 21.08 31.08
358.69*1.5*2=1,076.07 (358.69*1.5*2) + (358.69*2*3)=3,858.21 298.91*1.5*2=896.73
358.69*2*2=1434.76
Total: 2,331.49
Let us explain the work for 31.08: on this day, out of 4 hours, Demin worked 2 hours at the day rate - from 20:00 to 22:00, and 2 hours at the night rate. Because of this, day and night overtime are paid separately. As a result, Demin's salary is 7265.77 rubles.