Legal News. Payment for overtime in Russia

Payment for overtime shall not be a part of the regular monthly salary of the employee in Russia

On April 11, 2019 Constitutional Court of Russia issued Decree No. 17-P, establishing that monthly salary of the employee shall not include additional payment for overtime work and work during holidays.

Constitutional Court of Russia clarified that Labor legislation of Russia guarantees an employee’s right to both:

  • regular monthly salary in the amount equal to or more than minimum monthly salary set by the law; and
  • additional payment for overtime work, night work and work on holidays.

According to Constitutional Court, an employee is not supposed to perform work overtime, during night time (with some exceptions), days off or holidays on a regular basis. For this reason, payment for such work by its nature cannot be included in the amount of regular monthly salary. Otherwise, the employer would violate an employee’s right for equal and fair pay.

We recommend to the employers assigning the employees to work overtime and on holidays in Russia to consider this clarification of the Constitutional Court of Russia in their further work.

In case any consultation or other legal assistance is required in view of these clarifications, please feel free to contact LEGAL PRO team. We are always happy to assist you and provide necessary help.
 
Contact details:
Anna Chaykina
Partner
[email protected]