What document is used to pay for overtime hours?

Issuance of an order to attract overtime work(a sample is given below) is an integral part of attracting workers to overtime. In order to draw it up correctly, you need to know what work is considered overtime, when you can be involved in it, and who cannot be involved. And some other rules.

Overtime work: what applies to it

40 hours a week is the norm established by labor legislation (Part 2 of Article 91 of the Labor Code of the Russian Federation). This norm applies to all employees, regardless of what type of activity the company is engaged in, its organizational and legal form, type of employment contracts and other conditions.

Overtime is considered work that is performed at the request of company management in excess of the established norm. That is, more hours than in a working day or shift. And if the employee has a summarized recording of working hours, then in excess of the norm of working hours established for a certain accounting period.

The standard time for a specific accounting period (for certain calendar periods (month, quarter or year)) depends on the weekly work duration determined for employees. This norm is calculated in the Procedure, approved. By order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n.

The duration of overtime work should not exceed 120 hours per year for each employee and four hours over two consecutive days.

When is employee consent required and when is it not?

The following have the right to refuse processing:

• employees who are parents of disabled children;
• disabled people;
• a parent raising one (without a spouse) child under five years of age;
• women with children under three years;
• workers caring for sick family members (if there is a medical certificate);

For whom is overtime contraindicated?

You cannot work beyond normal:

• pregnant employees;
• workers under 18 years of age (except for some creative workers and athletes);
• employees during the term of the apprenticeship contract;
• to other employees when this is not permitted by law (for example, due to medical contraindications).

Algorithm for attracting employees to overwork

The first thing an employer needs to do is to obtain consent from the employee to work beyond the norm. It is compiled in free form.

There is no unified form for this order, so the employer draws it up independently. The order specifies:

• reason for attraction;
• work start date,
• position, full name of the employee;
• information about the employee’s consent.

The employee must be familiarized with the order and signed.

In the same order you can indicate payment for such work. For example, if the amount of additional payment for overtime work is established by local regulations. In addition, the parties can determine payment by agreement of the parties. The employee may choose to provide additional rest time instead of additional payment. Payment terms can also be reflected in a separate order.

Download a sample order for overtime payment

Sample form of an order to involve an employee in overtime work (prepared by experts from the Garant company)

This form has been developed in accordance with Article 99 of the Labor Code of the Russian Federation.

Order
on involving an employee in overtime work [name of organization, enterprise]

[ day month Year ]

In connection with production necessity for the purposes of [specify the purposes of attracting workers to overtime work] in accordance with Article 99 of the Labor Code Russian Federation Taking into account the opinion of the elected body of the primary trade union organization, I order:

1. Involve the following employees of the organization in overtime work [date, month, year] from [hours, minutes] to [hours, minutes] for [value] hours: [position, full name].

2. The head of the human resources department should ensure accurate recording of the duration of overtime work for each employee.

3. The chief accountant shall pay for the overtime hours of the specified employees in accordance with the working time sheet in accordance with the rules of Article 152 of the Labor Code of the Russian Federation.

4. I entrust control over the execution of the order to [position, full name].

1. Service memo about the need for overtime work from [day, month, year] N [value].

2. Notification [full name of employee] dated [day, month, year] N [value].

3. Written consent of the employee [full name] to work overtime.

[manager position, signature, initials, surname]

The following have been familiarized with the order:

[position, signature, initials, surname]

Sample form of an order to involve an employee in overtime work

Developed by: Garant Company, November 2012

You can open the current version of the document right now.

If you are a user of the Internet version of the GARANT system, you can open this document right now or request it via the Hotline in the system.

Sample orders for engaging in overtime work

Work beyond normal working hours is called overtime. Such work must be documented and paid at an increased rate if its initiative comes from the employer. Here are examples of documents that in most cases are used to formalize engagement in such work and payment for overtime hours.

Do I need an order for overtime hours?

The Labor Code, like no Federal law, does not indicate that an order is a necessary element for processing and paying for overtime. Article 99 of the Labor Code of the Russian Federation states that in order to be involved in work beyond the norm, it is necessary to obtain the written consent of the employee, but not in all cases. Here are three exceptional situations where consent is not required:

• preventing a catastrophe, accident or disaster;
• elimination of interference in the operation of water supply, communications, transport and other communications systems caused by unforeseen circumstances;
• state of emergency or martial law, threat to the population.

Overtime work must be based on the consent of the employee (except for exceptions), reflected when recording working hours and paid at an increased rate (or at the usual rate with the provision of rest). It is mandatory to formalize the involvement of additional labor and its payment by order, as well as the employee’s consent - the reason and time of overtime must be documented.

Having an order for engaging in overtime work, a sample of which is given below, simplifies document management. When checking by a tax or labor inspectorate, it is easier to cite the manager’s order as the basis for engaging in processing, so as not to get confused in the supporting documents. In addition to orders (in the sense of additional to orders), employers can use other methods of documenting such work, for example, keeping a log of overtime work.

The manager’s order to engage in overtime work must contain the following details:

• name of the enterprise and form of organization (LLC, OJSC, CJSC);
• place and date of compilation;
• document's name;
• a complete list of persons involved in overtime work;
• date of overtime work and time of completion;
• the amount and basis of monetary compensation (or a record of the provision of rest instead of increased pay);
• signature of the director of the enterprise;
• signature of the employee familiar with the order.

Order on overtime work, sample

There is no unified form. Each organization independently develops a document, observing the rules for drawing up primary accounting documentation. Here is a sample of a completed order to hire a fitter for additional work due to the failure of his replacement to show up for work. Below you can download a blank form and fill it out yourself, entering the necessary information according to the sample.

When drawing up a document in this form, there is no additional need to issue an order to pay for processing, because the clause on payment is already included in the order.

If the document on involvement in extra-hour work does not contain an order on payment for such work, then an additional order on payment for overtime hours is issued. Here is an example of filling out an approximate form of a document, a blank form of which can be downloaded from the link.

Order for overtime work for a group of employees

There are situations when several workers are involved in additional work at once. In order not to issue a separate order for each, you can formalize the processing in one document. Below you will find a sample order to involve two employees in additional work due to a break in electrical wires, which led to a communication failure. Let us remind you that according to Part 3 of Art. 99 of the Labor Code of the Russian Federation, in this case, it is not necessary to obtain the consent of employees. In general, employees usually express their agreement or disagreement in a Notice of Engagement in Overtime Work, which serves as the basis for issuing an order. Also, certain categories of employees must be informed in writing of the right to refuse additional work:

• disabled people;
• women with children under 3 years of age;
• parents raising a child under 5 years of age without a spouse;
• parents of disabled children;
• workers caring for a sick family member.

Information that these citizens have become familiar with the right of refusal should also be added to the document.

A blank form for an approximate form of an order for overtime work for a group of employees can be downloaded from the link and filled out yourself.

We issue an order for overtime work

Order on overtime work sample

Who can work extra?

Labor Code The Russian Federation clearly stipulates that there are categories of citizens who are prohibited from working beyond the norm. This is about:

• pregnant women (Part 5 of Article 99 of the Labor Code of the Russian Federation);
• minors, except for some creative employees (Article 268 of the Labor Code of the Russian Federation) and athletes (Part 3 of Article 348.8 of the Labor Code of the Russian Federation);
• employees with whom an apprenticeship agreement has been concluded (Part 3 of Article 203 of the Labor Code of the Russian Federation);
• employees for whom restrictions on medical indications, for example, you cannot attract patients active form tuberculosis, disabled people.

Order to work overtime, sample

Recruitment procedure

The Labor Code states that an employer can compulsorily engage in additional work only in exceptional cases (Part 3 of Article 99):

• to prevent accidents;
• for socially necessary purposes to eliminate accidents;
• during a state of emergency or in wartime.

Before issuing an order for overtime work for a group of employees, the organization must obtain the written consent of the employee to perform their duties beyond the norm.

At the same time, categories of persons are listed who not only must provide this document, but also confirm that they are familiar with the right to refuse to leave during their non-working hours. Among them:

• disabled people;
• women with children under three years of age;
• parents raising children under 5 years of age alone;
• parents of disabled children;
• workers who, for medical reasons, care for sick family members;
• guardians (trustees) of minors.

How long can it last

It must be clearly understood that the maximum duration of activities outside of school hours at the initiative of management is fixed in law. In accordance with Part 6 of Article 99 of the Labor Code of the Russian Federation, this is no more than 120 hours per year. There is a more convenient guideline - no more than 4 hours over two days. However, from June 29, 2017, thanks to Federal law dated June 18, 2017 No. 125, if staff perform overtime work on their day off or holiday and if such activity is paid at an increased rate or is compensated by providing another day of rest in accordance with Article 153 of the Labor Code, then the duration of such work is not limited according to the rules of Article 99 of the Labor Code of the Russian Federation . For example, an employee was brought to work on his day off, the work was delayed, and instead of the required eight hours he worked ten. The employee will receive money for the shift on his day off, but there are still two hours of overtime left. So, if these two hours are paid (in an increased amount accordingly) in the manner prescribed by Article 153 of the Labor Code of the Russian Federation, then they will not be subject to accounting as overtime.

By law, it is the employer who is required to keep records of the time worked by the employee. If it turns out that management violates labor safety requirements or otherwise neglects the rules for attracting citizens to additional work, the company and its officials face fines under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

How to apply for extra work

Additional hours are documented in several documents. This:

• written consent of the involved employee;
• overtime order.

Neither of these two documents has a unified form. For example, consent from an employee can be obtained by sending him a notice of the need to work some additional hours. Or the employee can write the consent themselves.

Sample consent

Order for payment of overtime hours, sample

As for the order to engage in additional work, it is obvious that this is one of the personnel documents, so it must contain all the necessary data, namely:

• Full name of the employee (group of employees) and their position;
• the reason why it is necessary to work;
• start date of work and deadline for its completion;
• details of written consent.

The document often does not include information about how the processing will be compensated. By law, an employee has the right to take an extraordinary day off or receive additional pay. That is, either a person rests or receives additional money in accordance with Article 152 of the Labor Code of the Russian Federation.

It is not necessary to indicate the specific option that the parties have chosen, since plans may change, after which the order itself will have to be changed.

Order to engage in overtime work or work on days off

The basis for drawing up an order to engage in overtime work or on weekends and holidays

In progress labor activity An employee may be required to work overtime or work on weekends and holidays.

In Art. 99 of the Labor Code of the Russian Federation are listed cases of involving workers in overtime work, namely:

1) completion of work that has begun, which, if not completed, may result in damage or destruction of the employer’s property, state or municipal property, or create a threat to the life and health of people;

2) during the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

3) if the replacement employee fails to appear, if the work does not allow a break.

Work on weekends and non-working days holidays prohibited, except for cases provided for by labor legislation (Part 1 of Article 113 of the Labor Code of the Russian Federation).

According to Part 2 of Art. 113 of the Labor Code of the Russian Federation attracting workers to work on weekends and non-working holidays is carried out if it is necessary to perform unforeseen work, on which the normal operation of the organization as a whole or its individual structural divisions depends in the future.

Employees are required to work overtime or work on weekends and holidays at the initiative of the employer, but only with the written consent of the employee himself in accordance with Part 2 of Art. 99 and part 2 of Art. 113 Labor Code of the Russian Federation.

Labor Code of the Russian Federation in Part 3 of Art. 99 and Part 3 of Article 113 of the Labor Code of the Russian Federation regulates the list of works for which the employee’s consent is not required.

The employee’s written consent can be formalized either by an entry on the notice or by a separate statement.

After receiving consent, the employer issues an order to engage in overtime work or on weekends and holidays.

Contents of the order to engage in overtime work or on weekends and holidays

An order to engage in overtime work or on weekends and holidays is drawn up arbitrarily, since it does not have a unified form.

The presented sample order for involvement in overtime work or on weekends and holidays contains the following data:

• date and order number;
• reasons for involving an employee to work overtime or on weekends (holidays);
• date and time of attraction or name of the day off (holiday);
• information about the employee involved (last name, first name, patronymic, position, structural unit);
• type of compensation provided;
• other data.

The employee has the right to the following types of compensation:

• increased payment for working hours;
• providing additional rest time regardless of working hours.

An order for involvement in overtime work or on weekends and holidays is signed by the head of the organization.

If a primary trade union organization has been created in the organization, then the draft order must be agreed upon with the given trade union organization.

WITH the order must be familiarized to the employee against signature— at the bottom of the order, the employee must sign and date the review.

This personnel document is registered in the journal for registering orders (instructions) and is stored in the organization for 5 years.

This document is used in the following procedures.

Issuing an order to engage in overtime work (a sample is given below) is an integral part of attracting a worker to overtime. In order to draw it up correctly, you need to know what work is considered overtime, when you can be involved in it, and who cannot be involved. And some other rules.

Overtime work: what applies to it

40 hours a week is the norm established by labor legislation (Part 2 of Article 91 of the Labor Code of the Russian Federation). This norm applies to all employees, regardless of what type of activity the company is engaged in, its organizational and legal form, type of employment contracts and other conditions.

Overtime is considered work that is performed at the request of company management in excess of the established norm. That is, more hours than in a working day or shift. And if the employee has a summarized recording of working hours, then in excess of the norm of working hours established for a certain accounting period.

The standard time for a specific accounting period (for certain calendar periods (month, quarter or year)) depends on the weekly work duration determined for employees. This norm is calculated in the Procedure, approved. By order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n.

The duration of overtime work should not exceed 120 hours per year for each employee and four hours over two consecutive days.

When is employee consent required and when is it not?

The following have the right to refuse processing:

• employees who are parents of disabled children;
• disabled people;
• a parent raising one (without a spouse) child under five years of age;
• women with children under three years of age;
• workers caring for sick family members (if there is a medical certificate);
• guardians (trustees) of minors.

For whom is overtime contraindicated?

You cannot work beyond normal:

• pregnant employees;
• workers under 18 years of age (except for some creative workers and athletes);
• employees during the term of the apprenticeship contract;
• to other employees when this is not permitted by law (for example, due to medical contraindications).

Algorithm for attracting employees to overwork

The first thing an employer needs to do is obtain consent from the employee to work beyond the norm. It is compiled in free form.

Modern business is focused on impeccable customer service, so it often happens that staff have to stay at the workplace longer than expected.

How to properly register overtime work? In what cases is it paid additionally, and in what cases is it not required?

In accordance with Art. 97 of the Labor Code, employees may be involved in work at the end of the working day in following cases- and overtime work. Letter of Rostrud dated 06/07/08 No. 1316-6-1 indicates that employees with irregular working hours do not need to register overtime work, and compensation for overtime is not provided. Overtime in this case is compensated by additional days of vacation.

If an employee remains at the workplace due to the fact that he did not cope with his duties during the working day, this also cannot be regarded as overtime work and does not require any registration or additional payment.

Other cases of involving employees to work after the end of the working day on the initiative of the employer require registration of overtime work.

Proper registration of overtime work.

First of all, the employer must obtain the employee’s written consent to work outside the working day, notifying him of the right refusal to work overtime. At the same time, such categories of workers as women with children under three years of age or parents raising a child under 5 years of age without a spouse; parents raising a disabled child, single fathers, guardians of minors; persons with disabilities must be notified of the right to refuse in writing.

Before issuing, it is recommended to prepare a notice for the employee, which indicates the start date of this activity and its duration in hours, as well as compensation options (additional pay or additional rest). After obtaining the consent of employees, you can formalize overtime work with the appropriate order (in free form).

The order indicates the reason for the need for overtime work; names of employees involved in overtime work, their positions and personnel numbers; start and end times of overtime work. All employees indicated in it must be familiarized with the order (against signature).

The employee’s consent to work overtime is not required only in the following cases:

Work to prevent industrial accidents or disasters;
work to eliminate the consequences of disasters, industrial accidents or natural disasters;
work to eliminate unforeseen circumstances that interfere with the normal functioning of heating, lighting, water supply, gas supply, transport, communications systems, etc.;
work in connection with the introduction of a state of emergency;
activities in emergency situations (fires, floods, earthquakes, epidemics.

In the Time Sheet, overtime hours worked must be recorded (code “C” or “04” and the number of hours). The employer must keep in mind that Article 99 of the Labor Code prohibits working overtime for more than 4 hours over 2 consecutive days and more than 120 hours per year.

There are two ways to compensate for overtime work- additional leave (at the employee’s request) and payment for hours worked in excess of the norm. If an application for additional days of vacation has not been received from the employee, overtime must be paid - for the first two hours the additional payment is 50%, for the next - 100%.

Since the Labor Code does not indicate the moment when an employee can replace monetary compensation for additional leave, it is better to indicate this in the document that the employee signs before applying for overtime work.

The issue of additional rest time is also not regulated by the Labor Code, but is decided by agreement of the parties. If there is a working time schedule, additional days of rest are indicated with the code “НВ” or “28”. If there is no schedule, an order is issued to provide additional rest, which indicates the name and position of the employee and the reason why he is provided with additional rest.

Correct registration of overtime work in the case of cumulative working hours.

There are certain production conditions and types of work when working time cannot be recorded daily (weekly). In this case, the fact of processing can be established only after the end of a month or a longer period.

The Labor Code does not provide for exceptions to the involvement of employees with accumulated working hours in unscheduled work. You just need to be careful about recording overtime hours - reflect the actual number of hours worked in the timesheet and promptly issue orders for work outside the working day.

Employees with a total working day at time and a half are paid for the first two hours for the entire period (and not per day, as is the case with traditional working time accounting), all other hours are paid at double the rate.

All the details in more detail correct design overtime work are explained in the Labor Code of the Russian Federation.

SAMPLE ORDER FORM

ABOUT ENGAGING AN EMPLOYEE TO WORK OVERTIME

______________________________

(name of company)

ORDER

"___"__________ ____ city N _____ city _____________

Wording of the order

For example: (see the table for example wording of entries in the order, paragraph 7)

Due to production needs in the institution and with the consent of the employee

(statement No. ___ dated "___"________), guided by paragraph 1 of Art. 152 Labor Code of the Russian Federation,

I ORDER:

1. Involve "___"_________ ____ to work overtime from ____ hours to ______ hours

(no more than 4 hours for two consecutive days and 120 hours per year)

, ________________________________________________________________________________________

(structural unit) position (specialty, profession), rank, class (category) of qualifications

2.Ivanov Ivan Ivanovich do the job __________________________________________

(specify the nature of the work)

overtime with payment in accordance with current labor legislation.

3. Chief accountant ________________________________________ when calculating salaries

(FULL NAME.)

Ivanov Ivan Ivanovich be guided by this order.

4.__________________________________________ provide accounting

(position, full name)

duration of overtime work.

5. Familiarize all performers with this order against signature.

Basis: _________________________________________________,

employee consent (application) to work overtime

from "___"__________ ____, clause 1 art. 152 Labor Code of the Russian Federation.

Head of the institution: ____________(_______________)

SAMPLE EMPLOYEE APPLICATION FORM

ABOUT CONSENT TO WORK OVERTIME

IN ________________________

from _______________________

I, ___________________________________________________,

position holder______________________________

V ____________________________________________________,

(name of structural unit)

I give my consent to being involved in overtime work with

"___"_______ ____ to "__________ ____

_________________________

(employee signature)

"___"____________ ____ G.

Note: According to Art. 99 of the Labor Code of the Russian Federation, the employer’s involvement of an employee in overtime work is permitted with his written consent in the cases specified in this article of the Labor Code of the Russian Federation.

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws.

The concept of “processing” is mentioned only in Article 95 of the Labor Code of the Russian Federation.

According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day (shift) immediately preceding a non-working holiday is reduced by 1 hour. This rule now applies to all employees. This applies not only to workers who have a reduced working day, but also to those who work part-time, seasonal and temporary workers.

In cases where a holiday is preceded by a weekend, the length of the working day or work shift is not reduced (clarification of the USSR State Committee for Labor and the President of the All-Union Central Council of Trade Unions dated 01.01.2001 N 6/P-18).

In accordance with Part 2 of Art. 95 of the Labor Code of the Russian Federation in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) on a holiday, recycling is compensated by providing the employee with additional rest time or, with the employee’s consent, by payment according to the standards established for overtime work.

On the eve of the weekend, the duration of work at six days working week cannot exceed five hours.

Workers on duty on holidays with regular and irregular working hours are compensated by providing time off for the next 10 days of the same duration as the duty.

Approximate wording of entries in the order

under Article 99 of the Labor Code of the Russian Federation

Wording of the order

Note

1. Orders from the employer to involve the employee in overtime work if it is necessary to complete (finish) the work begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if the non-fulfillment (non-completion) of this work may entail damage or destruction of the employer's property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people (clauses 1.2 of part 2 of the article 99 Labor Code of the Russian Federation

due to the need to complete (finish) the work begun, which, due to an unforeseen delay due to technical production conditions, could not be completed (finished) within the established working time, since failure to complete (non-complete) this work may result in damage or death employer's property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, clause 1 of part 2 of article 99 of the Labor Code of the Russian Federation

due to the need to complete (finish) the work begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) within the established working hours, since failure to complete (non-complete) this work may pose a threat to the life and health of people ,

clause 1 of part 2 of article 99 of the Labor Code of the Russian Federation.

2. Orders of the employer to involve the employee in overtime work when carrying out temporary work on the repair and restoration of mechanisms or structures in the case where their malfunction may cause the cessation of work for a significant number of employees (clause 2 of part 2 of Article 99 of the Labor Code of the Russian Federation)

for temporary work on repair and restoration of mechanisms (structures),

clause 2 of part 2 of article 99 of the Labor Code of the Russian Federation

An employer's involvement of an employee in overtime work is permitted with his written consent.

3. Order of the employer (individual entrepreneur) to involve the employee in overtime work to continue work if the replacement employee fails to appear, if the work does not allow a break (clause 3 of part 2 of Article 99 of the Labor Code of the Russian Federation)

to continue work if the replacement employee does not show up,

clause 3 of part 2 of article 99 of the Labor Code of the Russian Federation.

An employer's involvement of an employee in overtime work is permitted with his written consent.

4. Orders of the employer to involve the employee in overtime work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster (clause 1.2 of part 3 of Article 99 of the Labor Code of the Russian Federation)

to carry out work necessary to prevent a catastrophe, industrial accident, clause 1 of part 3 of article 99 of the Labor Code of the Russian Federation.

to carry out work necessary to eliminate the consequences of a disaster (industrial accident, natural disaster), paragraph 1 of part 3 of article 99 of the Labor Code of the Russian Federation.

5. Orders from the employer to involve the employee in overtime work for social production necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems (clause 2 of part 3 of Article 99 of the Labor Code of the Russian Federation)

to carry out work to eliminate malfunctions of the water supply system (gas supply, heating, lighting, sewerage, transport, communications), paragraph 2 of part 3 of Article 99 of the Labor Code of the Russian Federation.

An employer may engage an employee in overtime work without his or her consent.

6. Orders of the employer to involve the employee in overtime work when performing work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootic) and in other cases threatening the life or normal living conditions of the entire population or part of it (clause 3 of part 3 of Article 99 of the Labor Code of the Russian Federation)

for carrying out work, the need for which is due to the introduction of a state of emergency (martial),

clause 3 of part 3 of article 99 of the Labor Code of the Russian Federation. .

An employer's involvement of an employee in overtime work is permitted without his consent. Reason: Decree of the President of the Russian Federation

N_ dated ____ on the introduction of a state of emergency (martial law).

for carrying out urgent work in conditions of fire (flood, famine, earthquake, epidemic or epizootic, etc.), paragraph 3 of part 3 of Article 99 of the Labor Code of the Russian Federation. .

An employer may engage an employee in overtime work without his or her consent.

7. Orders of the employer to involve the employee in overtime work in cases not provided for by parts 2, 3 of Article 99 of the Labor Code of the Russian Federation

(Part 4 of Article 99 of the Labor Code of the Russian Federation)

(grounds for engaging in overtime work) part 4 of article 99 of the Labor Code of the Russian Federation.

An employer's involvement of an employee in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization

In what cases is it established for an employee

Article of the Labor Code of the Russian Federation

Concept

Main features

Art. 101 Labor Code of the Russian Federation

Art. 119 Labor Code of the Russian Federation

Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

Working outside normal hours and working hours. There are no restrictions on the duration of work, which are determined in relation to persons working part-time (Article 98 of the Labor Code), during overtime (Article 99 of the Labor Code). An employee can be involved in work both before the start of the working day (shift) and after the end of the working day (shift);

Attraction to work is caused by a need determined by the interests of the organization and the labor function performed by the employee (for example, the employee belongs to the administrative staff - the head of the workshop);

Involvement in work outside normal working hours is episodic in nature, that is, in no case can it be a system.

Work with irregular working hours and overtime work is carried out outside the normal working hours. In contrast to the work regime with irregular working hours, in order to attract an employee to overtime work, the written consent of the employee is required, the existence of the grounds provided for in Part 2 of Article 99 of the Labor Code. The circle of workers involved in overtime work is wider (certain exceptions are established by part 4 of Article 99 of the Labor Code). In addition, a limit has been established regarding the standard of hours worked (overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year).

irregular working hours?

Procedure for engaging in work beyond normal hours

working day

Note

1. An order (order) from the employer is required; the positions of those involved must be included in the list of positions of employees with irregular working hours, which is established by a collective agreement, agreement or internal labor regulations of the organization.

2. The employer keeps records of the time actually worked by each employee under irregular working hours.

The employee's consent to be involved in such work is not required. At the same time, the employer does not have the right to entrust him with performing work that is not determined by his labor function.

Employees with irregular working hours are provided with annual additional paid leave; if it is not provided, the period of work in excess of normal working hours is compensated - with the written consent of the employee - as overtime work (Article 151 of the Labor Code). This obliges the employer to keep accurate records of hours worked beyond normal hours.

Including in the list of positions of workers with irregular working hours those whose work cannot be accurately recorded in time or who distribute working time at their own discretion means that they can independently decide on work outside the normal working hours, if this is determined by job descriptions or local regulations. A preliminary order from the head of the organization to involve them in such work is not required. In this situation, work on irregular working hours is carried out on the initiative of the employee himself.

Workers with irregular working hours are subject to regulations on the duration of work (shift) (Article 94 of the Labor Code), on the start and end time of the working day (shift); they are generally exempt from work on weekends and non-working holidays (Article 113 of the Labor Code).

MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RF

from 01/01/01 N

Question: Please provide clarification on next question. In accordance with Article 152 of the Labor Code of the Russian Federation, overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. How to determine the number of hours of overtime work that are paid at one-and-a-half (double) times if the employee has a summarized recording of working hours?

Answer: In practice, the following options are used:

The first two hours of overtime work, calculated based on the results of the accounting period, are paid at least one and a half times the rate, the subsequent ones - at least double. If an employee has a monthly salary, the hourly rate is calculated to calculate overtime pay (by dividing the salary by the average monthly number of working hours). The average monthly number of working hours is calculated as the quotient of the annual number of working hours according to the production calendar, divided by 12.

The total number of hours of overtime work during the accounting period is divided by the number of employee shifts (regardless of the number of hours in the shift). If the resulting value is less than two, all hours are paid at time and a half. If more, the first two hours of a shift are paid at one and a half times the rate, the subsequent ones at double.

Answer. The Department of Wages, Labor Safety and Social Partnership has reviewed the letter and reports.

According to part one of Article 99 of the Labor Code of the Russian Federation, overtime work in the cumulative recording of working time is work performed by an employee at the initiative of the employer in excess of the normal number of working hours for the accounting period.

Article 152 of the Labor Code of the Russian Federation establishes a uniform procedure for paying overtime hours. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate.

Thus, when recording working time in aggregate, based on the definition of overtime work, the calculation of overtime hours is carried out after the end of the accounting period. In this case, work in excess of the normal number of working hours during the accounting period is paid for the first two hours of work at least one and a half times the rate, and for all remaining hours - at least twice the rate.

Deputy Director of the Department

wages, labor protection

and social partnership

Ministry of Health and Social Development of Russia

N. Z. KOVIAZINA

For information:

Contact phone numbers:

Vice-chairman

Legal inspector

The order on overtime work is issued in different cases unforeseen work that needs to be completed in an organization by a certain date. The exceptions are accidents and liquidation of the consequences of natural disasters. No orders are required to act in such situations.

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Labor Code: employee remuneration and restrictions

According to labor legislation, for the first two hours of overtime work, the employer pays 1.5 times the wage. All time over 2 hours is paid double. This must be indicated in the order.

Also, you cannot use more than four hours of an employee’s out-of-hour time in this manner within two days. Restrictions also apply in the 365-day dimension. An employer may not force an employee to work overtime for more than 120 hours per year.

Components of an order

The document consists of a header, introductory, main and final parts. At the top of the page the name of the organization, place of publication, order number and date of signing must be indicated. Then comes the motivation. Most often, the vague and general goal of “production necessity” is indicated, but there are also more specific options for the purpose of issuing an order. For example:

• To continue work if the replacement employee fails to show up.
• If the bulk of the work could not be completed according to the technical conditions, and if they are not completed, damage to the property of the employer or the state will follow (this situation is discussed in detail in the first paragraph of Article 99 of the Labor Code of the Russian Federation).
• If in case of failure planned works there may be a risk to human life.
• If this is temporary equipment repair work.
• To prevent a disaster.
• Due to the need to troubleshoot problems in electricity, gas supply and other utilities systems.

When formulating the motives that should motivate a manager, it is better to quote the Labor Code. The goals should not go beyond its scope, otherwise the employee will have the right to bring his employer to administrative responsibility for non-compliance with the law and Labor legislation in particular.

Main part of the order

This part of the order lists specific persons who are involved in overtime work. In this case it is necessary to indicate:

• The exact name of the employee.
• His position.
• Specialty or profession.
• If there is a rank or class, level of qualification.
• The specific nature of the proposed work.

In addition to the employee himself, who must work overtime, the order also specifies all persons who should be aware of such changes in the work schedule at the enterprise:

• The work manager who controls their implementation must be aware of the activities being carried out.
• The accountant or other person who handles payroll should be aware of overtime and pay accordingly.

The final part of the order usually states the grounds for its issuance. These can be various kinds of documents, contracts, etc. But the main point is that the employee himself agrees that he has nothing against overtime work.

Without an officially executed application or consent to work overtime (or a signed notice) from the employee himself, the employer has no right to issue an order for overtime work.

Alternative design methods

An order is a fairly thorough, but not the only way to legally formalize overtime work in an institution. In addition to it, other documents can be drawn up:

• Single-subject and multi-subject notifications, which are signed first by employees, and then by an authorized official responsible for the quality performance of this work (for example, the head of a department).
• If overtime work is a common practice in the organization, then it makes sense for the personnel department to keep an overtime log for its convenience. All changes relating to the working hours of the organization’s employees are simply entered into it against a signature. This will make it convenient for the accounting department to make the necessary adjustments to wage recalculations.
• Separate sheets for recording overtime work. At the same time, they must contain the employee’s informed consent that he is involved in overtime work of his own free will.

In a word, the main thing here is the principle of expediency. Labor legislation identifies an order for overtime work as the main and desirable, but not mandatory, way of documenting the distribution of working time.

Important nuances

The time sheet must certainly contain information about overtime work. They are distinguished by the letter “C”. If an employee’s working hours are calculated on a daily basis, then there cannot be more than four overtime hours in two days. Otherwise, the employer may be fined.

Grounds for issuing an order

Overtime work involves some kind of emergency. This is not an ordinary case. The first thing the employer must do before issuing an order is to document this state of affairs. He can do this with the help of a special memo, report, report on the commission of an incident.

The work that must be done may not be completed due to technical reasons. One of these documents will explain the current circumstances. Only after this is it necessary to take the employee’s written consent and issue an order.

It is a mistake to believe that you can immediately employment contract register consent for overtime. The employee agrees only to perform specific duties at a specific time, and does not surrender to slavery.

Thus, the correct actions of the employer will be:

• Edition of the basis.
• Drawing up written consent of the employee.
• Issuance of an order on overtime work with reference to the two previous documents.