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Order for payment of overtime hours. Sample orders for attracting overtime work

In some cases, the employer may need to involve employees in overtime work. Involvement in overtime work can be caused by various reasons: the elimination of emergency situations that require prompt intervention, the reduction of time for the implementation of the project, the correction of errors, etc. It should be noted that overtime is considered to be work that exceeds the duration of the daily working day established for the employee. An important detail: overtime work is considered if the initiative for processing comes from the employer. If the employee stays after the end of the working day on his own initiative, this is not considered overtime.

Involvement in overtime work of the Labor Code of the Russian Federation does not allow for the following categories of workers:

  • women who are carrying a child;
  • employees who have not reached the age of majority (under the age of 18). This does not apply to workers in creative professions, as well as those involved in sports;
  • involvement in overtime work of the Labor Code of the Russian Federation is prohibited if the employee works under a student agreement;
  • employees who are prohibited from working in excess of the prescribed norm for medical reasons.

Involvement in overtime work is usually carried out with the consent of the employee, but in some cases it is possible without it, it depends on the nature of the work. If we are talking about work in a state of emergency, correcting circumstances that disrupt the normal life of other citizens, then it is allowed to involve an employee without obtaining his consent.

Thus, in order to involve an employee in overtime work, it is necessary to make sure that this employee can be involved in additional work, obtain the written consent of the employee if such consent is necessary. Do not forget that the duration of overtime work for each employee should not exceed four hours on two consecutive days and 120 hours per year.

Procedure for engaging in overtime work

The employee whom the employer wants to involve in overtime work is indicated by the immediate supervisor in a memo addressed to the head of the company. The note also cites the reason for overwork.

The employer should make sure that employees can be connected to additional work. Do not forget that involvement in overtime work is not possible for all employees - it is important to make sure that the employee does not belong to these categories.

Then the employer needs to obtain the consent of the employee in writing, which will confirm his readiness to work. There is no specific form or unified form for issuing the consent of the employee - consent can be obtained in free form, most importantly - in writing. The procedure for engaging in overtime work also provides for taking into account the opinion of the elected body of employees that represents their interests (if it exists in the company). Then you should issue an order to involve the employee in additional work.

Overtime work order

And so, the manager needs to issue an order that the employee will be involved in additional work. The unified form of the order has not been approved, therefore, the employer should independently develop and issue an order for overtime work in a free form.

The order should include the following items:

  • Full name, position of the employee who is planned to be recruited;
  • It is necessary to designate a specific period of time when the manager plans to involve the employee in additional work;
  • Do not forget to include in the overtime order (you will find a sample order at the end of the article) the reason why the employee is involved in overtime work;
  • The order should indicate the production task that the employee must perform;
  • Include in the order to engage in overtime work the details of the document according to which the employee agreed to work above the norm;
  • In addition, the sample order for overtime work must contain information about compensation for additional time worked in excess of the norm, if the employee has already decided on it. This may be an increase in pay or additional rest time.

Having drawn up a sample order for the processing of working time, it is necessary to familiarize the employee with it under signature. If the employee refuses to sign the order, then an appropriate act should be drawn up about this.

It should be noted that the employer should issue an order to engage in overtime work in each case when employees work longer than the allotted time in order to have confirmation of the work of employees in overtime.

For a variety of reasons, employees of an enterprise sometimes have to stay at work after the end of their working day or shift and fulfill their job descriptions. Often this is due to accidents or breakdowns of equipment, with the delivery of reports of a different nature, the fulfillment of the set plan, etc. The Labor Code of the Russian Federation determines what overtime hours are, their duration, and the procedure for their payment.

According to the law, this type of work includes the performance by an employee of duties, according to his job description, after the working day or shift established for him.

At the same time, this work should be carried out with the knowledge of the management of the economic entity. If the employee starts it without the consent of the management, he may not be paid overtime.

Does not apply to overtime work associated with when an employee performs duties stipulated by several job descriptions.

The difference between overtime hours and irregular hours

If an employee has an irregular schedule set by the contract, then he will not have overtime hours.

At its core, the working day is not according to the norm and overtime work is one and the same, only they are paid and processed differently.

An irregular day is necessarily fixed in a contract concluded with an employee. For him, the employee is entitled to additional holidays, as well as, in agreement with the company's management, a large salary. Such a regime can be established only for certain employees, and this must be recorded in the local acts of the enterprise.

Work on an irregular schedule has no regulatory restrictions, the Labor Code of the Russian Federation establishes that it should be irregular in nature and is carried out if necessary. There are no more restrictions.

Any employee of the company can be involved in overtime work, if he does not belong to categories to which this work is prohibited by law. The condition for such hours is not included in labor contracts with the employee, the procedure for their payment is provided for by the provisions on remuneration and bonuses within the company.

The Labor Code of the Russian Federation establishes that overtime work should not exceed certain standards for each employee.

Is employee consent required?

The legislation provides for two cases of involving employees to work overtime: with the consent of the employee or without. A list of citizens has also been established who in no case can perform the labor function provided for them outside of school hours.

Consent is not required if:

  • Accidents, catastrophes - to prevent them or eliminate their consequences;
  • Emergencies or declaration of martial law;
  • To carry out compulsory works of a public nature to establish the functioning of important infrastructures (water supply, electricity, transport, communications, etc.).

The management of the company may also, with the consent obtained in writing, involve the employee in overtime if:

  • The shift employee did not appear on time to ensure the continuity of the technological process;
  • It is necessary to carry out repairs and restoration of production equipment (temporary) to ensure further work;
  • In order to complete the work begun, which cannot be completed the next day within the framework of a normal day to ensure the safety of property, health and life of citizens.

The Labor Code of the Russian Federation also establishes a list of employees who cannot be involved in overtime. These include:

  • Employees who are expecting children
  • Employees under the age of 18;
  • Employees who are studying under a contract;
  • and other citizens provided for by federal laws.

In addition, there are categories of employees who can be recruited overtime with written consent and compliance with the conditions for their admission (medical report, notice of the possibility to refuse, etc.). These include employees with disabilities, employees with young children (under 3), single parents (children under 5), employees with children with disabilities or other family members who are supervised, etc.

The procedure for accounting for overtime working hours

The legislation requires the management of the company to record the time of overtime hours for each employee, in order to compare them with the current standards and payment. To do this, it is used where this information is entered with the help of an alphabetic (C) or digital (04) code.

The norms of the labor law establish the duration of overtime work for two days no more than 4 hours, for a year - no more than 120 hours.

A typical work week is 40 hours. For some workers, this rate is reduced, for example, for disabled people and minors - 35 hours, for work with dangerous and harmful factors - 36 hours, etc.

The administration has the right to choose any time period to take into account the time of work (day, week, month, quarter, year), but when calculating the rate, all the same, the weekly rate should be taken into account.

When calculating the actual hours worked, hours that go beyond the norm are considered overtime. In this case, it is necessary to take into account the time, sick leave, as they lead to the recalculation of the norm down.

With the summarized accounting of working time, the number of overtime hours can be revealed only at the end of the accounting period (quarter, year). This is due to the current work schedule of employees, according to which in some months he may have a defect, and in others processing. Therefore, if the processing in the current month covers the shortcomings in the previous one, it is not overtime.

Documentation of overtime

Step 1. Getting the consent of the employee to work overtime

In case of production necessity, the company's management asks the employee for a written statement. It is best to write out these documents in two copies, so that the employee personally puts down either consent or refusal on the letterhead of the employer.

When written consent is not needed, a letter is sent to the employee demanding that they start working overtime.

In necessary cases, in addition, some workers are sent a notice notifying them of the right to refuse this work. Also, the personnel service should study the personal file for the presence of a medical opinion on the possibility of attracting a disabled employee to overtime hours.

Step 2. Drawing up the order of the head

After observing the above formalities, the director of the company issues a . It can be drawn up in free form, but it must necessarily contain a rationale for the production need, a list of employees who are supposed to be employed overtime, details of the documents that are the basis (memos or memos, consent to engage, etc.).

The employee needs to familiarize himself with this order, and in confirmation of this fact put his visa.

Overtime pay

The Labor Code of the Russian Federation fixes that overtime payment must be made at least 1.5 times for the first two hours, and 2 times for all subsequent hours. This means that the Payment Regulations and other regulations of the enterprise itself may provide for other sizes, as long as they are more than the established minimum.

Attention! In addition, the legislation gives the right to the employee, according to which he can choose either increased pay or regular pay with additional rest time, but not less than the hours worked. Therefore, when notifying and obtaining consent for overtime work, it is advisable for the employee to request the type of their compensation in writing.

It is also necessary to take into account that the company may have a piecework or salary payment system. In this case, it is not the hourly tariff rate that is taken for calculation, but the piecework rate for the produced products, or the corresponding part of the salary (that is, the salary divided by the standard working time, expressed in hours).

Employer's responsibility

In order to save money, the administration may try to hide the time of overtime, as well as involve people who are not allowed according to the law to these works.

Often the management claims that the employee has a special regime with irregular hours, however, they need to consider that this should be provided for in the employment contract of this employee.

For violation of the procedure for involving an employee in overtime work, the employer is liable in accordance with the Code of Administrative Offenses for non-compliance with labor legislation.

Important! According to the Code of Administrative Offenses, fines from 30,000 to 50,000 rubles can be imposed on a company, and from 1,000 to 5,000 rubles can be imposed on its responsible persons. In case of repeated cases, the amount of sanctions increases significantly, and it is also possible to disqualify officials of an economic entity for a period of 1 to 3 years.

In certain cases, the employer has the right, with the written consent of the employee, to involve him in the performance of certain work outside the working hours established by the labor agreement.

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At the same time, the very fact of such involvement in such work must necessarily be documented in the workflow. And this can be done in various ways.

Is it necessary

The term "overtime work" means the performance of any work outside the working hours reflected in the previously concluded labor agreement.

A prerequisite for engaging in work of this kind is precisely the presence of the written consent of the employee himself.

In its absence, it will be simply impossible to implement this kind of procedure - this will be contrary to labor legislation.

At the same time, there is a certain list of jobs that do not require the written consent of the employee.

For example, this is the need to carry out the elimination of the consequences of various disasters, as well as others. All such cases are listed in as much detail as possible in the labor legislation of the Russian Federation.

In the Russian Federation or elsewhere, there is no indication of the need to form the type of order in question.

At the moment, the fundamental document is the Labor Code of the Russian Federation. However, overtime pay must be paid appropriately.

This moment is covered directly in the Labor Code of the Russian Federation:

  • for the first two hours, payment is made with a coefficient of 1.5;
  • for the following time - in double size.

The employer is required to keep a proper record of all overtime hours worked. Subsequently make payments on time.

But the legislation does not indicate exactly how such records should be kept, and there is also no information about the formation of an order for involvement in this kind of work.

Therefore, drawing up an order of the type in question is not necessary. But if possible, it is worth compiling it. This, subsequently, will greatly simplify the implementation of many procedures. First of all, the procedure for making calculations.

How to compose and its sample

If for some reason there is no experience in compiling such documents, it is worth familiarizing yourself with a correctly compiled sample in advance. Thus, it will be possible to avoid a large number of various problems and difficulties, typical mistakes.

This document must contain the following:

  • the full name of the enterprise itself, as well as the form of organization;
  • place and date of compilation;
  • Title of the document;
  • a complete list of persons who will be involved in the performance of work of this kind;
  • the date of overtime work is indicated, as well as the time of execution;
  • the need for monetary compensation (or compensation by rest) is displayed;
  • the signature of the director of the enterprise, another executive body - with a transcript is affixed.

At the same time, the order sometimes indicates the consent of employees to this kind of work. But it should be remembered that it is still necessary to form the consent itself as a separate document.

Since otherwise, the authorities controlling the maintenance of documentation may have any questions directly to the employer.

At night time

Overtime work also refers to work at night. It should only be remembered that it is not required to pay an increased amount for night work of employees whose immediate duties include such work.

To attract to overtime work at night, it is also desirable to draw up a special order. Moreover, with an exact indication of the time when it will be necessary to perform certain work.

This type of order contains the following information:

  • full name of the employing organization;
  • place/date of the document;
  • the reason for the need for such work is indicated;
  • reflects the time, date of overtime work;
  • involved employees are listed;
  • the official responsible for the appointment of compensation is prescribed;
  • the signature of the director with a transcript, as well as the employees themselves, is affixed - it confirms the fact of familiarization.

There is simply no unified format of the type of orders in question in the legislation. But a prerequisite for their preparation is the absence of violations of the rights of workers, the provisions of labor legislation.

If any violations of this kind still take place, then the agreement will simply be considered invalid, void.

Judicial practice shows that in the event of any conflicts between an employee and an employer, the court is almost always on the side of a simple employee. Since he is initially in a deliberately less favorable position relative to his employer.

When is an employee allowed to work overtime?

At the moment, the legislation reflects information in sufficient detail - when exactly it is allowed to involve an ordinary employee in overtime work.

All such situations can be divided into two main groups:

  • when the consent of the employee is not required;
  • where such written consent is required.

There is a list of situations where written consent is not required. Such work includes the following:

  • if it is necessary to carry out the work of the following plan:
    • making it possible to prevent a catastrophe;
    • elimination of the consequences of industrial accidents;
    • elimination of the consequences of a natural disaster;
  • if it is necessary to eliminate the causes of the malfunction of the following communication systems:
    • plumbing;
    • transport;
    • communications;
    • heating;
    • sewerage;
    • lighting;
  • if it is necessary to perform work due to the introduction of a state of emergency or martial law, as well as if there is a threat to the life or health of people.

Despite the absence of the need for consent to engage in this kind of work, payment is made in the amount established by law.

In some cases, certain allowances are necessary. The employer should remember that non-payment or payment in an inappropriate amount threatens with quite serious problems with the labor inspectorate.

In all other cases, it is mandatory to draw up a written consent to the implementation of the type of work in question.

The list of such works includes the following:

  • if there is a need to perform any work that has already been started - if there is a risk of damage to the employer's property, significant damage in the event of failure to do so;
  • it is required to carry out restoration, repair work with any installations, if the termination of their work may lead to the termination of work of a significant number of employees;
  • if the employee replacing the employee did not appear at the time specified in the employment contract - in the case of work that for some reason does not allow a break.

If in the cases indicated above the consent (in writing) of the employee to perform the work is not available, then there is simply no right to involve him in it.

This moment is reflected in the current legislation. It also states the inadmissibility of coercion to work. This is an illegal act.

It should be remembered about some restrictions that are imposed on the total time of possible work. These restrictions look like this:

  • it is not allowed to involve an ordinary employee in overtime work for 4 hours or more more than two days in a row;
  • during the year there is a restriction on overtime work - it should not exceed 120 hours.

There are also certain categories of workers who are simply not allowed to be involved in overtime work under any circumstances.

This list includes the following citizens:

  • pregnant women;
  • if the age of the employee is less than 18 years;
  • certain categories of employees, which are designated in special sections of federal legislation (for example, if a student agreement is concluded).

Also, regardless of the circumstances of the work, some categories of persons can be involved only with their written consent to perform a certain type of work.

Such citizens today include the following:

  • disabled people - regardless of the assigned group;
  • women with children under the age of 3 years.

At the same time, the work involved in which will be carried out should not be prohibited for health reasons. Accurate records of overtime work must be kept.

The very fact of drawing up an order for the implementation of work of the type in question is not indicated in the legislation.

According to the Labor Code of the Russian Federation, the employee must be given the choice of overtime compensation:

  • extra time for rest;
  • payment in the appropriate form.

Order

In the usual case, excluding natural disasters, serious accidents at strategically important facilities, involvement in overtime work is allowed only if the procedure established by law is followed.

The procedure usually considered is as follows:

  • a special consent is formed in writing for the performance of work of this kind;
  • a special order is issued for involvement in overtime work;
  • a special time sheet of overtime work is formed.

At the same time, the employee must be familiarized with the order itself for engaging in this kind of work - if the document is drawn up.

This, subsequently, will avoid some significant problems. The labor inspectorate and other regulatory bodies always carry out a close check of such documents.

Consent and its pattern

Consent to engage in overtime work can be issued in a free form. But it must contain the following information:

  • the full name of the organization itself;
  • all information about the employee;
  • date / place of involvement in the performance of certain work, drawing up the application itself;
  • amount of compensation or duration of rest;
  • signature.

The document itself can be drawn up in any way convenient for the citizen himself. Both in written format and printed out on a personal computer.

The best solution for the employer and the employee is to provide the first with a special pre-formatted form.

The unified format of the application of the type in question is not established in the legislation. But at the same time, one should adhere to the pattern indicated above. Special attention must be paid to dates. The presence of a genuine signature on the document is strictly required.

Incorrect dates, incorrectly spelled last names, other details of employees may serve as grounds for invalidating the document.

The current legislation does not prohibit companies from asking staff to remain in the service after the end of the "standard" shift in order to fulfill urgent duties and complete projects that have been started. In order not to face the claims of the controlling authorities, the employing company needs to pay remuneration for additional working hours, properly draw up the procedure. It is envisaged that an order for overtime work is issued, a sample of which is developed by the organization independently, and a written consent of specialists is issued.

What is overtime work according to the Labor Code of the Russian Federation

In Art. 91 of the Labor Code of the Russian Federation states that the maximum duration of the working week of hired specialists is 40 hours. The company has the right to ask employees to stay late in order to perform urgent duties. For the assistance provided at the end of the project, employees are entitled to a separate fee or additional rest time.

The concept of overtime work is covered in Art. 99 of the Labor Code of the Russian Federation. This is an activity that meets two criteria:

  • the specialist is delayed after the end of the shift or works more than stipulated by the norms for the summed accounting of working hours;
  • the initiator of processing is the administration of the employer, and not the employee himself.

Important! If a hired specialist stays in the organization of his own free will to complete the tasks started, his work does not qualify as overtime. Additional hours are not charged.

The concept of overtime work does not apply to citizens hired as internal and external part-time workers on an irregular or flexible schedule.

How to arrange processing at the request of the employer

In order not to face claims from regulatory authorities, the employer is obliged to draw up personnel documents that mediate the involvement of personnel in overtime work. These include:

  • employee consent;
  • consent of the trade union body;
  • overtime work order.

Situations in which the employer has the right to force workers to work without their consent are listed in Art. 99 of the Labor Code of the Russian Federation. They are associated with emergency circumstances: accidents, natural disasters, the introduction of martial law, the breakdown of life support systems for the population (electricity supply, hot water supply, cold water, etc.). In these cases, it is enough to issue an order to attract staff to work overtime.

If the current situation is not of an emergency nature, the authorities are obliged to obtain written consent from the specialist for processing. As a rule, the administration of the company operates according to the following scheme:

  • prepares a notice addressed to the employee, which indicates the date, time of overtime, the reasons for which it was required, information about the compensation due (one and a half pay or the provision of additional rest time);
  • gives the specialist two copies of the notice for review;
  • receives his copy of the document, where the employee wrote "I do not mind" and put his own signature.

The written acceptance of the employee is stored in the personnel department of the enterprise.

Obtaining the consent of the trade union is the third stage. It is mandatory if such a body operates in the company and if the situation does not fall into the following categories specified in Art. 99 of the Labor Code of the Russian Federation:

  • the need to perform work, without which there is a threat of damage to property, harm to the health of personnel, downtime;
  • non-attendance at the service of the shift, if the production process does not tolerate interruptions.

When the consent of the specialist and the trade union is obtained, the company issues an order to involve the employee in overtime work. The document obliges the employee to leave on the appointed day and hour to perform the assigned duties.

How to make an order

The current legislation does not provide for a unified sample order for overtime work. Companies have the right to draw up an administrative document in a free form in compliance with the norms of business style.

The order must include the following information:

  • publication date;
  • No. according to the company's internal numbering rules;
  • Name of the organization;
  • position and full name of the employee involved in the processing;
  • the exact date, time interval when he needs to work in excess of the norm;
  • reasons for the need for overtime work;
  • details of the document where the citizen's consent to processing is expressed.

If the employer has received the acceptance of the trade union body, this is written in the text of the order.

The administrative document is prepared in one copy. It is certified by the signatures of three persons:

  • the head of the company;
  • the person responsible for the execution of the order (if the director has not assigned this responsibility to himself);
  • an employee confirming familiarity with the paper.

Additionally, you can specify what compensation is due for processing. The parties choose from two options: one and a half payment or the provision of rest time.

When the order is issued, the employee must report to work on the appointed day and hour. If he ignores this obligation, the management of the company has the right to bring him to disciplinary responsibility.

The issuance of an order to involve in overtime work (we give a sample below) is an integral part of attracting a worker to processing. In order to draw it up correctly, you need to know what kind of work is overtime, when you can involve them, who cannot be involved. And some other rules.

Overtime: What is it?

40 hours a week is the norm, which is established by labor legislation (part 2 of article 91 of the Labor Code of the Russian Federation). This rule applies to all employees, regardless of the 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 the company's 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 accounting of working hours, then in excess of the norm of working hours established for a certain accounting period.

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

The duration of work in excess of the norm should not exceed for each worker 120 hours per year and four hours for two consecutive days.

When is employee consent required and when is it not?

Engagement in work in excess of the norm with consent Engagement in work in excess of the norm without consent
— to complete work that was not completed due to an unforeseen delay;
Such a delay must be due to the technical conditions of production.In addition, if the consequences of non-completion of work may be damage or destruction of municipal, state or company property (other persons in the organization when the management is responsible for the safety of this property) or a threat to the health or life of people
- for the restoration or repair of mechanisms (structures);
If the failure of these mechanisms can cause a cessation of work for a large number of employees
- to continue the work of a shift who did not show up for work.
The conditions for engaging in overtime work in this situation: the work does not allow a break and requires the employer to take immediate measures to replace the shift with another employee
- and in other cases, but in addition, the opinion of the elected body of the primary trade union organization must be taken into account.		 — disaster prevention;
If the work can prevent a production accident or disaster or to eliminate their consequences and the consequences of a natural disaster- for public works to eliminate unforeseen circumstances;
When such circumstances disrupt the normal operation of centralized systems of cold water supply and (or) sewerage, hot water supply, gas supply systems, transport, heat supply, communications, lighting
- in a state of emergency or martial law, as well as for urgent work in such circumstances.
That is, in the event of a threat of disaster or directly in the event of a disaster (floods, fires, famine, earthquakes, epizootics or epidemics) and in other circumstances that threaten normal living conditions or the life of the population

You have the right to refuse processing:

  • workers who are parents of children with disabilities;
  • disabled people;
  • a parent raising one (without a spouse) a child not older than five years;
  • women with children under three years of age;
  • employees caring for sick family members (if there is a medical certificate);
  • guardians (custodians) of minors.

To whom is overtime contraindicated?

You can not work above the norm:

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

Algorithm for attracting employees to processing

The first thing the employer needs to do is to get the employee's consent to work in excess of the norm. It is compiled in free form.