How to understand overtime. How many hours should overtime work be? Disabled Restrictions

* Shift work
* Part-time work
* Working hours of women and persons with family responsibilities
* Work on a rotational basis
* Flexible schedule work
* Time relax
* Work on weekends and holidays
* Time sheet
* Day off or absenteeism? Design subtleties

Overtime concept

The employer has the right, in accordance with the procedure established by the Labor Code of the Russian Federation, to involve an employee in work outside the working hours established for this employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts Russian Federation, collective agreement, agreements, local regulations, labor contract:
- for overtime work (Article 99 of the Labor Code of the Russian Federation);
- if the employee works on an irregular working day.
Article 99 of the Labor Code of the Russian Federation determines overtime as work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for accounting period.
Unlike the previous legislation, now overtime work is allowed not only in emergency circumstances (accident, natural disaster, publicly necessary work on water supply, heating, lighting, etc.), but also in other cases, if such a need arises.

Procedure for overtime work. Overtime pay

Overtime work, along with irregular work, is one of the options for working outside the working hours established for the employee.
Features of overtime work is that it is carried out at the initiative of the employer. If the initiative for processing belongs to the employee, then we will talk about part-time work.
Overtime work- work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working hours - in excess of the normal number of working hours for the accounting period.
In cases where a summarized accounting of working time is established, the employer must determine the accounting period (month, quarter or other period up to a year) in the internal labor regulations. This is necessary for the correct calculation of hours worked by the employee overtime (Article 104 of the Labor Code of the Russian Federation).
Wherein standard of working hours for the accounting period should be equal to the norm established for the relevant category of workers, but not exceed 40 hours per week.
Rules regarding overtime work apply both to employees at the main place of work, and to part-time workers.
attraction to overtime work should not be systematic, it can occur sporadically in certain cases (Rostrud letter of 06/07/2008 N 1316-6-1). In accordance with Part 6 of Art. 99 Labor Code of the Russian Federation overtime for two consecutive days cannot exceed four hours.
Currently, the Labor Code of the Russian Federation recognizes three main procedures for attracting overtime work:
with the written consent of the employee;
without the written consent of the employee;
with the written consent of the employee and taking into account the opinion of the primary trade union organization.
Engagement by the employer of an employee to work overtime is allowed with his written consent. v the following cases.
- If necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to specifications production could not be performed (completed) during the working hours established for the employee. The involvement of an employee in overtime work in this case is due to the fact that non-fulfillment (non-completion) of this work may lead to damage or destruction of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people.
- In the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a cessation of work for a significant number of employees.
- To continue work if the replacement employee does not appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the employee with another shift.
Attracting an employee by an employer work overtime without his consent allowed in the following cases:
When performing work necessary to prevent a catastrophe, industrial accident, or eliminate the consequences of a catastrophe, industrial accident or natural disaster.
In the production of social necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewage, transport, and communications systems.
In the performance of 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 situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that put under threat to the life or normal living conditions of the entire population or part of it.
In other cases recruitment for overtime work allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Overtime work prohibited

- pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);
- persons under the age of 18 (with the exception of creative workers of means mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the List of professions and positions of which is approved by Decree of the Government of the Russian Federation of 04.28.2007 N 252 ) (Article 268 of the Labor Code of the Russian Federation);
- employees during the period of validity of the student agreement (part 3 of article 203 of the Labor Code of the Russian Federation);
- other employees (for example, who have reduced working hours).
When involving certain categories of employees in overtime work, the employer must (part 5 of article 99 of the Labor Code of the Russian Federation):
obtain the written consent of the employee;
make sure there are no medical contraindications;
familiarize employees against signature with the right to refuse to perform overtime work.
Such employees include (part 5 of article 99, article 259, 264 of the Labor Code of the Russian Federation):
disabled people;
women with children under the age of three;
mothers and fathers raising children under the age of five without a spouse;
workers with disabled children;
employees caring for sick family members in accordance with a medical report;
guardians (custodians) of minors.
Features, conditions, procedure for involving athletes in overtime work and coaches, including persons under the age of 18, may be established by collective agreements, agreements, local regulations (part 5 of article 348.1, part 3 of article 348.8 of the Labor Code of the Russian Federation).
the only exception to this rule, in accordance with Article 268 of the Labor Code of the Russian Federation, there are cases when underage workers are engaged in creative activities in the media, cinematography organizations, theaters, theater and concert organizations, circuses or are other persons involved in the creation and (or) performance of works. At the same time, the opinion of the Russian tripartite commission for the regulation of social and labor relations should be taken into account.
Labor legislation also establishes another list of citizens whose rights are specially protected. When notifying disabled people, women with children under the age of three, as well as mothers, fathers raising children under the age of five without a spouse, employees with disabled children or caring for sick family members, fathers raising motherless children, and guardians (custodians) of minors in the document must be informed against receipt of their right to refuse overtime work.
Special overtime restrictions provides for by Article 329 of the Labor Code of the Russian Federation for workers transport organizations whose work is closely related to the management of sources of increased danger. Employees whose work is directly related to the movement Vehicle It is not allowed to work outside the length of working hours established for them by profession or position directly related to the movement of vehicles. The list of professions (positions) and jobs directly related to the movement of vehicles is approved in the manner established by the Government of the Russian Federation.
Overtime must not exceed for everybody an employee of four hours for two consecutive days and 120 hours per year, while the employer is obliged to ensure an accurate record of the duration of overtime work of each employee.
Overtime paid: for the first two hours of work - at least one and a half times, for the next hours - at least twice the size. Specific pay rates for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work can be compensated by providing additional rest time instead of increased pay. The time of such rest should not be less than the time worked overtime.
For clearance hiring an employee to work overtime necessary issue an order. A unified form of such an order has not been approved, so the employer has the right to develop it independently. The order must indicate the reason for involving the employee in overtime work, the date of commencement of work, the surname, name, patronymic of the employee, his position and the details of the document in which the employee expressed his consent to be involved in such work.
If a collective agreement or other local regulatory act establishes the amount of an additional surcharge, then it is possible to indicate this amount in the order. The amount may also be determined by agreement of the parties. If the employee has decided on the form of compensation (increased pay or additional rest time), this item is also included in the order. It is necessary to familiarize with the order of the employee against signature.
If the employee agrees for overtime work and familiarized with the relevant order, but did not start work without good reason, his can be attracted to disciplinary action taking into account the requirements for this procedure.
At the request of the employee, payment for overtime work can be replaced by providing additional rest time. Rest time cannot be less than the time worked overtime. Thus, if an employee has worked overtime for four hours, then the additional rest time provided to him as compensation must be at least four hours.
Employer as a person responsible for the organization of work, should not allow situations where employees, due to the volume of duties assigned to them, constantly remain at the workplace at the end of the working day. In turn employees are obliged comply with the Internal Labor Regulations, including the norms on the length of working hours (Article 21 of the Labor Code of the Russian Federation). Compliance with these two conditions will help to avoid disputes regarding the payment of overtime work to an employee who remained at work on his own initiative.
It is advisable to acquaint and bring to the employees of the organization against signature the letter of Rostrud dated 18.03.2008 N 658-6-0, which states that this work should not be paid at an increased rate, nor taken into account in determining the hours worked.
In case of violation of the procedure for attracting an employee to overtime work, the employer is liable in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

According to the current labor legislation, the employer has the right get your employees to work overtime, i.e. implementation job duties outside of normal working hours.

In this article, we will look at what, in practice, means overtime work, what guarantees, as well as compensation, are due to employees involved in labor duties outside the length of their working day, how overtime work is paid and what documents it is drawn up.

Overtime concept

Overtime work- this is the performance by an employee of labor duties at the initiative of the management of the organization in excess of the norm of time provided for this person during the day or for a certain time period to be taken into account. In the case of applying the summarized accounting of working hours, overtime work is understood as the hours worked by a person in excess of the base number of hours for the period to be accounted for. If an employee has a reduced working day, the time worked in excess of it is also considered overtime.

It should be noted that the statutory basic weekly hours of work defined in size 40 hours. For some categories of workers, it is reduced, taking into account the specifics of their labor duties (teachers, doctors, women who work in the Far North, workers engaged in hazardous and hazardous work), as well as their physical data (disabled people of 1-2 categories) .

Additional leave for harmful conditions labor

There is also a list of people who not allowed to work overtime . These include pregnant women and minors. There are exceptions to the latter - these are underage athletes and creative workers, the list of which is contained in the Decree of the Government of the Russian Federation of 04.28.2007 No. 252.

Procedure for engaging in overtime work

The employer has the right to involve his employees in overtime work only with their written consent in cases where:

1. It is necessary to complete the work started, which was not completed in set time for technical reasons, and failure to comply with it may lead to damage, destruction of the organization's property or pose a threat to the health and life of employees and other people;

2. Must be completed repair work on structures, as well as mechanisms, due to the malfunction of which the work of a large number of employees of the organization can be stopped;

3. It is necessary to ensure uninterrupted work in a certain area in case of absenteeism of a shift worker. In this case, the employer is obliged to ensure the replacement of the shift by another person as soon as possible.

If the employee does not wish to perform work in excess of the established norm of working hours, he has the right to write written refusal. Such refusal shall in no case be considered as a violation of labor discipline. But there are a number of cases that are provided for by Part 3 of Art. 99 of the Labor Code of the Russian Federation, when the employer does not need the consent of the employee for overtime work. This:

How to dismiss for violation of labor discipline

1. Work within the framework of measures to prevent a catastrophe, an accident at work or measures to eliminate the consequences of situations of this kind;
2. Troubleshooting works in the systems of water, heat, gas supply, provision of lighting, communications and transportation of citizens;
3. Work in the conditions of the introduction of a state of emergency or martial law, when the life and health of a large number of citizens are at risk.

As for the consent to perform overtime work, it is given by the employee on a case-by-case basis. It is impossible to provide for the involvement of employees in overtime work in an employment contract.

Overtime and irregular working hours

It should be noted that in cases where an employee is delayed at work not at the direction of management, but own will his work is not regarded as overtime. Similarly, the one provided for the employee cannot be equated with overtime work. In this case we are talking on a special mode of work, when the employer, if necessary, has the right to demand from subordinates the performance of some labor functions at a time not included in the basic working day. About what is established for the employee irregular working hours, should be in without fail It is stated in the employment contract, by signing which the employee agrees to a similar working condition. Accordingly, work on an irregular working day in excess of the established amount is not paid, and in order to compensate the employee is provided additional leave– at least 3 calendar days.

Additional paid leave: what are the features?

Work under GPC agreements, as well as work on internal or external part-time jobs, cannot be attributed to overtime.

Length of overtime work

The Labor Code provides for the maximum possible number of hours that a person can work in excess of the norm for 2 days in a row and during the year. These are 4 hours and 120 hours respectively. In addition, the internal regulations of the organization may establish a limit on the number of hours per month that overtime work should not exceed. This is typical for railway transport workers, drivers, etc. For example, for a fixed-route taxi driver, when calculating the total amount of working time, the working day cannot exceed 12 hours. An exception here will be cases in which you need to complete the flight or wait for a changer. True, the duration of a shift of 12 hours can also be fixed by the driver's work schedule, while we are no longer talking about overtime work.

In order to avoid cases of non-compliance with the established limits of overtime work, the employer is obliged to keep a strict record of the time worked for each employee individually.

How is overtime paid in 2017?

The procedure for paying for overtime hours of work is regulated by article 152 of the Labor Code of the Russian Federation. Unlike the previous rules for overtime pay, this version does not make any difference in overtime pay for employees working on a piecework or hourly basis. It provides for the possibility for the employer to approve specific amounts of payment for overtime work in an employment or collective agreement, but not lower than those stipulated in Art. 152 of the Labor Code of the Russian Federation, which defines the minimum threshold for payment for excess hours of work.

Overtime work must be paid at a higher rate regardless of whether the employer complies with the procedure for involving an employee in overtime. For example, if the fact of the absence of the written consent of the employee is revealed, but at the same time there was an oral order from the manager, the work performed is considered overtime. And the proof of its implementation, in addition to the explanations of the direct executor and witnesses, can be various documents, for example, car waybills with notes from officials about the time of departure and return of the car to the garage, as well as being at specific addresses at the end of the working day.

In any case, overtime work is paid for the first two hours of work at one and a half times, for the following hours - at 2x. This is the minimum threshold provided for by the Labor Code, below which you cannot pay, but above it you can. This kind of provision can be fixed in the collective agreement, the regulation on wages and other regulations for the enterprise.

In addition to increased pay for overtime hours, as an alternative, provision may be made for the provision of additional hours of rest in the amount of at least those worked in excess of the norm. The written consent of the employee must be obtained for such a replacement, and the time of use of such compensation must be agreed upon by both parties.

At the same time, the Labor Code does not define maximum duration rest time provided as compensation for overtime worked. More specifically, this can be spelled out in a collective or labor agreement or other local acts of the organization.

Specialists in the field labor law recommend that the type of compensation for overtime worked be prescribed directly in the written consent of the employee for overtime work. If these are additional hours of rest, then it is also recommended to prescribe their number here.

The procedure for attracting to overtime work: documenting

As noted above, the inclusion of provisions regarding the consent of employees to perform overtime work in a collective or labor agreement, as well as other local acts of the organization is not allowed.

Overtime notice sample:

First of all, the fact itself is fixed, which served as a pretext for overtime work. In most cases, this reason is the absenteeism of the shift. The fact that the shifter did not show up for work or another reason for overtime work must be reported to the head of the organization or another official who makes decisions regarding overtime work. At the same time, a memo is drawn up describing the incident and justifying the need to involve employees in overtime work.

Overtime work is the implementation of a labor function beyond the boundaries of the fixed working day. Art. 99 of the Labor Code of the Russian Federation establishes that the involvement of an employee takes place on the initiative expressed by the employer.

Attention! In accordance with the letter of Rostrud No. 658-6-0 of 2008, a delay at the place of work to perform activities at the request of the employee is not processing.

The difference between overtime work and irregular working hours is as follows:

Irregular working hours are negotiated with the employee in advance (upon signing labor contract or change its provisions by mutual agreement);
When processing, restrictions on duration are set (no more than 120 hours during the calendar year and 4 hours during the next 2 consecutive days), while the irregular schedule of activities does not provide for this;
Workers cannot be involved in activities under an irregular system (rare exceptions are provided for by labor legislation), all groups of workers are involved in overtime activities, incl. management.

The essential difference is that payment for overtime performance of labor duties is carried out at a special rate, while irregular activities provide for standard pay.

Ways to attract

Art. 99 of the Labor Code of the Russian Federation provides for the obligation of employers to obtain the consent of an employee to involve him in processing.

The following situations are an exception:

The need to prevent a catastrophe or accident at work;
Elimination of the consequences of an accident or disaster that has already occurred;
The introduction of a state of emergency, as well as martial law, in other situations that pose a threat to the population (for example, a fire, other natural disaster).

An irregular schedule is considered a special mode of operation. A feature of this regime is that it is determined for some employees whose positions are determined in accordance with the list of employees with irregular working hours.

The Labor Code of the Russian Federation does not contain a list of positions, including standard ones, in respect of which an irregular work schedule regime can be determined. According to Art. 101 labor code this list is determined by the collective agreement, agreement or internal labor regulations.

If the boss forces you to work overtime in these cases, obtaining consent from the union is not required. For refusal to work in such conditions, a citizen is subject to disciplinary liability on the basis of current legislation.

Art. 99 of the Labor Code of the Russian Federation fixes the grounds when an employee is involved in overtime activities with his consent:

The execution of work that has already begun, the delay in the implementation of which may lead to damage to the property of the management, creates a threat to the health of people;
The need to carry out work aimed at repairing mechanisms, buildings, if their breakdown may lead to the termination labor activity for a large number of employees;
In case of no-show workplace a shift employee, if the function performed by him does not allow the possibility of taking a break (provided that the management urgently searches for a shift).

The table shows the differences between an irregular worker for and overtime work

Action	Irregular working hours	Overtime
The requirement to indicate this mode of work in the employment contract and documents of a collective nature, taking into account the opinion of the trade union	required	not required
The frequency of involvement in work in excess of the established working hours for the employee	sporadically	can be periodically, but not more than 4 hours for two consecutive days and 120 hours a year
Issue of a special order	required, with any reasons	required, but only with an indication of the reasons provided for by the Labor Code of the Russian Federation
Obtaining employee consent	Not required	Required (with the exception of cases provided for in part 3 of article 99 of the Labor Code of the Russian Federation)
Payment for additional work	On weekdays - not performed, on weekends - according to the rules for paying overtime	Produced
Providing rest days	In any case - at least 3 additional paid days for vacation	Vacation days are not available. When working on a day off, an additional day of rest may be provided.

How to apply for an employee to work overtime

Recycling process:

Identification of the list of employees who need to be involved in processing. Next, you need to make sure that they do not belong to those who cannot be involved in additional work in accordance with the legislation of the Russian Federation. It is important here to take into account all categories of such people, as well as those whose consent is required for the legality of this procedure.
Obtaining written consent for overtime work from those employees from whom it is required. It must be remembered that even if the employment contract stipulates that the duties of a particular employee include processing, his consent will have to be obtained every time such a situation occurs. To obtain the employee's consent to processing, he must first send a notice stating for what reason he must work overtime. The notice must also include the date, time and amount of compensation for overtime hours. Persons who have the legal right to refuse processing must be notified of this.
If the employee refused processing, then they cannot apply (sanctions) to him, since this is his right. In the event of a refusal, notification should be sent to the next staff member who can replace him.
Obtaining the consent of the trade union bodies, if it is available in the company, when the case occurs when this consent is necessary.
Publication of the relevant document. If the employee agrees to work overtime, and there are no problems with the trade union bodies, the employer must issue an order. There is no clearly established form for this order, so it is issued in free form.
Issuance of an order on the accrual of compensation to an employee for processing. The type and amount of compensation is set for each employee individually in accordance with the labor legislation of the Russian Federation.

According to judicial practice, compliance with the procedure approved by law for involving employees in overtime work is mandatory. If, there was a fact of violation of the law, for example, an order (instruction) was not formed to involve in overtime work, and employees worked after the end of the shift according to the verbal order of the boss, then payment for their work should be made in an increased amount as overtime.

Thus, in order to attract an employee to work overtime, it is necessary to strictly observe all the rules and regulations. Otherwise, the processing will be considered illegal, and may be challenged in court.

Recycling ban

Engaging employees to work overtime on grounds not provided for in Art. 99 of the Labor Code of the Russian Federation, is not allowed.
It is forbidden to involve in the implementation of overtime activities (even with their consent):

pregnant women;
Employees under the age of majority.

The exceptions are some groups of creative workers, the list of which is contained in the RF GD No. 252 of 2007, athletes, employees under the student agreement and specific groups of workers.

Watch a video that tells about irregular working hours

Checking the legality of involvement in processing

If the employer forces you to work overtime, then you must:

Check if you belong to groups of persons whose involvement in processing is prohibited or possible only in certain cases.
Make sure that the terms of processing do not contradict the requirements of the Labor Code of the Russian Federation.
Review the timesheet to verify that overtime hours are recorded correctly.
To study the provisions of the collective agreement on the procedure for involving employees in processing.
Ensure that the calculation of payment and the provision of compensation and extra days rest is done correctly.

If all points are observed by the employer and no violations are found, then the employee does not have the opportunity to hold him accountable.

Many legal theorists and practicing lawyers argue about whether an employer can force you to work overtime. However, the involvement of employees in the processing can be carried out in some cases under the Labor Code of the Russian Federation without their consent.

All questions of interest can be asked in the comments to the article.

Regulation of overtime work by the labor legislation of the Russian Federation

Features of overtime pay

Distinctive features of payment for overtime work, irregular work schedule and work on weekends and non-working days holidays

Document flow when engaging an employee to work overtime

The employer has the right to involve the employee to work outside the working hours established for this employee in accordance with the legislation of the Russian Federation and the internal regulations of the enterprise that establish labor regulations.

According to Art. 99 of the Labor Legislation of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), overtime is recognized as work performed by an employee at the initiative of the employer outside the working hours established for the employee (daily work (shift)), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period .

Features of attracting company employees to work overtime

The employer may involve the employee in overtime work with his written consent in the following cases:

if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform this work may entail damage or destruction of the employer’s property (including property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;
in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a significant number of employees to stop working;
to continue work if the replacement employee does not appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

The employer may involve the employee in overtime work without his consent:

in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning centralized systems hot water supply, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, transport, communications;
in the performance of 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 situations, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics), and in other cases endangering the life or normal living conditions of the entire population or part of it.

In other cases, it is allowed to involve an employee in overtime work with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Note!

It is not allowed to involve pregnant women and employees under the age of 18 in overtime work. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited to them for health reasons in accordance with a medical report. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year. It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.

Features of overtime pay

According to Art. 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, for subsequent hours - at least double the amount.

For your information

Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract.

At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime. In some cases, critical situations arise between the employer and the employee, especially when it comes to increased pay and time off. So, for example, knowing their rights, an employee may stay late at work, and then require the employer to pay for all his “overtime” work or provide additional rest time.

However, this is fundamentally wrong - according to the letter Federal Service on labor and employment dated 18.03.2008 No. 658-6-0, involvement in overtime work is allowed with the written consent of the employee, except for the cases listed in Art. 99 of the Labor Code of the Russian Federation, when the employer has the right to do this without his written consent. Overtime work is paid at an increased rate, but at the request of the employee, instead of increased pay, it can be compensated by providing additional rest time, but not less than the time worked overtime. If the employee remains at work on his own initiative, the employer is not obliged to provide him with additional time off.

Features of documenting overtime work

Overtime work is not the norm for the functioning of an enterprise, and in most cases, in order to involve an employee in overtime work, it is necessary to obtain his written consent (with the exception of work necessary to prevent or eliminate the consequences of a disaster, work to provide water, gas supply, lighting, etc.). , work in emergency and military situations). In this regard, the inclusion in local regulations or labor contracts of a condition on the consent of the employee to work overtime is a gross violation of labor laws.

Each case of involving an employee in overtime work must be documented.

Be sure to indicate the specific reason, avoid general phrases like “due to business necessity”, as the concept of “business necessity” does not reveal the true reason for engaging in overtime work.

As a rule, registration begins with the writing of a service (or memorandum) note by the initiator of overtime work, which may be the head of the structural unit of the enterprise. The memo (see example below) must contain the following information:

the reason for attracting employees of the enterprise to work overtime;
a list of employees of the enterprise involved in overtime work;
the period of involvement of employees of the enterprise in overtime work, as well as the time of overtime work;
recipient of information (director of the enterprise or other authorized person who has the right to make appropriate decisions);
date and signature of the initiator of involving employees in overtime work.

On the basis of a memo, the head of the enterprise decides on the advisability of involving employees in overtime work. At the same time, he can call the initiator of overtime work and demand more detailed explanations.

As a rule, on a note, the head puts his resolution, for example, “In order” or other content addressed to the head personnel service(to generate notifications and collect required documents to issue an order) and to the chief accountant for the correct calculation of the due payments to employees involved in overtime work.

After approval by the head of the enterprise or other authorized person, as a rule, the head of the personnel department generates notifications for each employee involved in overtime work, according to a memo.

The notice of overtime work is drawn up in any form, but must contain the following information:

Full name and position of the employee (employees) involved in overtime work;
reasons for overtime work;
period and time of overtime work;
features of payment for overtime work;
signature of the head of personnel service and date.

Additionally in this document(or at reverse side) it is possible to provide a section on the consent / disagreement of the employee to work overtime in the case when the employee has the right to refuse.

A. N. Dubonosov,
Deputy Managing Director for Economics and Finance

The material is published in part. You can read it in full in the magazine.

Even if you really love your job, you are unlikely to want to stay on it longer than necessary. Or, for certain reasons, you still want to? And if the employer asks or insists about it?

When is overtime unacceptable and when is it acceptable? In what cases is it impossible to refuse a “tempting offer”? How to pay for additional labor and properly document it?

What is overtime?

At each enterprise, a certain working regime is organized, providing for the duration of work and rest time. It is reflected in internal regulations. The duration of the working day is strictly regulated by the law on labor protection, the time of work shifts is also determined. Sometimes a general record of working hours is kept, summed up during the week or month. Any work that goes beyond these limits, initiated by the employer, is called overtime.

The Labor Code of the Russian Federation speaks of the nuances of exceeding the established temporary work standards in Art. 99, and remuneration for such work is paid in accordance with Art. 152.

What extra work is not overtime

An important nuance is that the initiative of overtime work should come from the employer. If a particularly zealous employee decides to stay at his favorite job of his own free will, his additional work will not be taken into account and paid according to the requirements of the law for overtime work (Letter of Rostrud dated 03/18/2008 No. 658-6-0).

Overtime is also not recognized as work performed in the regime of irregular working hours.

IMPORTANT! Overtime cannot be a permanent practice in the enterprise, it can be resorted to only if necessary and from time to time.

Permission required!

In order for the employee to work longer than required by the established work schedule or the duration of the shift, or exceed the total number of hours for billing period, the employer must first ask for consent to this. Before you think about involving your subordinates in overtime work, you should obtain permission:

a trade union organization protecting the rights of workers, or a representative of this body;
the employee in writing.

Reasons to work extra

Just like that, the employer is not entitled to ask the employee to stay at work and work overtime. For work in the Labor Code, the employment contract and other legislative acts, special time is stipulated, and no one is allowed to violate this regime without a reason. However, at times there are unforeseen cases or special circumstances when overtime work is necessary. The law provides for the following reasons that may force an employer to introduce overtime work:

when the work was not completed during the working day for technical reasons or force majeure, and it is necessary to complete it in order to avoid potential property damage or threat to health or life;
if overtime work is a temporary "hands on call" associated with the repair or installation of equipment, without which a large number of people will not be able to perform their duties;
no breaks can be allowed in the work, and the next shift did not appear on time: he must immediately be replaced by another competent worker, even if his shift has already come to an end.

Let them work if they are allowed by doctors

Some categories of workers, even if they agree to work overtime, cannot be involved in it without a positive medical opinion. Order of the Ministry of Health and Social Development of Russia No. 411n dated May 02, 2012 requires that a certificate of the absence of contraindications to additional work for health reasons be issued:

disabled workers at the enterprise;
working mothers of children under 3 years of age.

IMPORTANT! In addition to the authorization of the medical document and consent, these categories of employees are required to confirm in the form of a handwritten signature that they are aware of the right to refuse to work overtime.

Above temporary norms - under no circumstances!

The law defines those employees who under no circumstances can be involved in additional work load. Even with consent, you cannot ask or oblige to work overtime:

women expecting a baby;
subordinates in respect of which a student agreement is currently in force;
persons who are not yet 18 years old;
other categories of workers for whom such a restriction is due to federal laws and the Labor Code of the Russian Federation.

AN EXCEPTION! Staying at work beyond the time limit is acceptable for underage employees if they:

belong to creative professions;
work in the media field;
appear on television;
busy in a performance, circus performance, show;
participate in the exhibition of any works.

These types of activities are enshrined in the list of professions and positions approved by the Decree of the Government of the Russian Federation No. 252 dated April 28, 2007.

Overtime Shortened

The law provides for certain categories of jobs for which the duration of the working day is less than for all other workers. This is not a reduction, but the norm. In this case, if such employees work overtime, such work will be considered to be the excess of this particular norm (Article 92 of the Labor Code of the Russian Federation). These categories include:

employed under 18 years of age (depending on age, they can be employed 24-35 hours a week);
disabled workers of groups 1 and 2 - can work up to 35 hours a week;
employees on harmful work 3 and 4 degrees (according to the assessment of special working conditions) - up to 36 hours a week;
women employed in the Far North;
teachers and doctors (Articles 333, 350 of the Labor Code of the Russian Federation).

When you can't refuse overtime

In Art. 99 of the Labor Code of the Russian Federation lists circumstances that do not require the consent of subordinates to work in excess of time limits. When the unexpected happens, you need to act quickly and consistently, regardless of time: this is the responsibility of every employee. It is necessary to do everything in their power, without looking at the clock, in the following situations:

eliminating results man-made disasters, accidents at work, the consequences of rampant disaster;
performing actions designed to prevent an emergency;
when an accident occurred with publicly necessary communications, such as communications, transport, water supply, heating, gas, electricity, etc.;
it is necessary to act immediately due to the imposition of a state of emergency or martial law;
something happened that endangered life and health or created abnormal conditions for the life of a significant part of the population (famine, natural disasters, epidemics, animal attacks, and other similar situations).

Overtime but working hours

Despite the special situation, it is impossible to allow the health of the worker to be undermined by work in excess of the established norms. You can not force a person to work additionally longer than 2 days in a row for 4 hours. During the year, such overtime hours should not accumulate more than 120.

The employer is obliged to carefully calculate the number of hours worked by his employees in excess of the measure. In the table, which takes into account work time, for this type of labor there is a special code (letter "C" or digital "04").

Price for extra labor

The amounts that are supposed to be paid to employees for their overtime employment can be established by the employer and formalized by internal regulations. Of course, you can not set them lower than required by law:

for the first and second hour of overtime work - one and a half times the amount of payment;
for the subsequent time - doubled.

If the overworked employee has such a desire, then instead of a financial reward, he will be able to receive additional rest for the time that he worked above the norm, or even longer if his superiors do not mind.

FOR YOUR INFORMATION! If an employee is issued an employment contract for an irregular working day, he is not entitled to additional amounts, since such work is provided by the provision of one more vacation.

If overtime payments are calculated by processing the total working hours for a weekly or monthly billing period, then the first two hours, providing for one and a half pay, are considered separately for each time period.

For example, if an employee worked 20 hours of overtime during the week, he will be paid 7 x 2 = 14 hours in one and a half times, and the remaining 6 hours in double.

Despite the fact that "overtime" is not a permanent type of payment, according to accounting documents it passes as part of wages employees, therefore, it is subject to personal income tax, contributions to extra-budgetary funds are also paid from it.

Recommendations for employers on registration of overtime work

Do not forget to ask for the consent of the employee to work overtime and clarify the opinion of the trade union organization.
Do not disregard the testimony of a medical report if it prohibits such work.
Reflect in the collective agreement and employment contracts recruitment and overtime pay.
Mark the schedule for attracting employees to overtime exits in special magazine. Overtime per year must not exceed the legal 120 hours.
Document all relations with the employee in writing: issue an order for overtime work, indicating in it the amount of compensation and the time of processing, take the written consent from the employee.