Сверхурочная, работа
Сверхурочная работа менее часа требует повышенной оплаты
21.05.2017
Работодатель обязан оплатить сверхурочную работу по повышенным тарифам, даже если она длилась менее часа, например, 45 минут.
Напомним, по нормам статьи 99 ТК РФ, сверхурочная работа – это работа, выполняемая по инициативе работодателя за пределами установленной для работника продолжительности рабочего времени.
Положения указанной статьи при этом ограничивают верхний предел продолжительности такого труда. Сверхурочная работа не должна превышать четырех часов в течение двух дней подряд и 120 часов в год.
Вместе с тем, минимальная продолжительность труда за пределами рабочего времени для целей признания такой работы сверхурочной трудовым законодательством не устанавливается.
Кроме того, статья 152 ТК РФ обязывает работодателя оплачивать первые два часа сверхурочной работы не менее чем в полуторном размере, а все последующие – не менее чем в двойном.
Таким образом, выплаты работнику за сверхурочную работу определяются как произведение стоимости часа его работы на продолжительность сверхурочного труда и на коэффициент повышения оплаты (1,5 или 2).
Так, например, если сверхурочная работа длилась только 45 минут, часовая оплата умножается на 0,75 (то есть 45/60), а затем на 1,5.
ТК РФ не запрещает работодателю округлять продолжительность сверхурочной работы, которая длилась менее часа, до целого часа. При этом указанное условие можно закрепить в локальном нормативно-правовом акте.
В тоже время, округление времени сверхурочной работы в меньшую сторону неправомерно.
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