Overtime on a business trip is a common occurrence, since such trips are limited in time. Force majeure situations are also possible. Therefore, employees often have to work late or on weekends.
Nevertheless, payment for overtime hours on a business trip by the employer must be carried out in accordance with the Labor Code of the Russian Federation. In this article, we will look at the cases in which an employee is entitled to compensation and tell you how overtime is paid on a business trip.
Overtime work on a business trip: grounds for payment
According to Art. 97 of the Labor Code of the Russian Federation, the employer has the right to ask an employee to work overtime, regardless of whether the employee is on a business trip or not.
Therefore, the Ministry of Labor and Social Protection proposes to rely on general recommendations on compensation for overtime work – Art. 152, 153, 154 Labor Code of the Russian Federation).
How is overtime paid on a business trip?
Payment for overtime on a business trip is the same as at the main workplace. The first two hours are paid at least one and a half times the salary, subsequent hours – at double the salary.
- If an employee was sent on a business trip on a day off, then after returning he is provided with an additional day of rest or monetary compensation;
- Work on a day off or a non-working holiday is paid at least double;
- Time spent on the road and days off that an employee spent in another city cannot be considered as overtime – unless otherwise reflected in the labor or collective agreement;
- The employer is not required to pay overtime if the employee himself decided to use his non-working time for work;
- Overtime work should not exceed four hours per day for more than two consecutive working days.
In addition, the company has the right, taking into account the general requirements of labor legislation, to establish its own procedure. For example,
- compensation for unused rest time by the employee;
- increase in pay for additional hours spent on work assignments;
- providing equivalent rest time (paid or unpaid – at the discretion of the parties to the employment contract);
- payment of bonus for overtime work on a business trip;
- joining the main vacation of an additional day(s) of rest.
How to register overtime if an employee is on a business trip?
Before inviting an employee to work overtime on a business trip, the manager needs to send a memo to the director of the company. It must justify the need for overtime work.
After the consent of the General Director, the posted employee is notified against signature that he is offered overtime work on a business trip. There is no unified form for notification of involvement in overtime work on a business trip, so the document can be drawn up in any form.
If the employee is already in another city, the employer can notify him by email. In response, the employee will need to send a signed scan of consent.
If the employee agrees to work overtime, the employer issues an order to involve the employee in overtime work. It can also be compiled in any form.
Hours worked on a business trip are reflected in the time sheet based on orders for sending on a business trip, as well as for engaging in overtime work.
