From September 1, 2024, overtime work must be paid based on the amount of salary, taking into account compensatory and incentive payments. The document that introduces the changes. Federal Law No. 91-FZ of 22.04.2024.

Payment for overtime work must be calculated based on the amount of salary, including compensatory and incentive payments. Such changes to the rules of overtime payment were ordered by the Constitutional Court in Article 152 of the Labor Code of the Russian Federation. Earlier, the Constitutional Court of the Russian Federation ruled that payment for overtime work should be calculated on the basis of one and a half (for the first 2 hours) or double (for subsequent hours) wage rate or salary, with all compensatory and incentive payments provided for by the labor remuneration system accrued on a single wage rate or single salary (Resolution of the Constitutional Court of 27.06.2023 No. 35-P).

In connection with the new rules for paying overtime hours from 1 September 2024, employers need to adjust the rules in the organization’s local acts to take account of the changes. For this purpose, specify that the company must pay overtime based on the amount of salary, including compensatory and incentive payments, for the first two hours of work at not less than one and a half times the rate of pay for the first two hours, and for subsequent hours at not less than double the rate of pay. At the employee’s request, instead of increased payment, he/she may choose additional rest time, but not less than the time he/she worked overtime. If the procedure for overtime compensation is specified in labor contracts, also draw up additional agreements.