Interesting Facts 

An example of an overtime order. Alternative design methods

Current legislation does not prohibit companies from asking staff to stay on duty after the end of a “standard” shift in order to fulfill urgent responsibilities and complete projects that have begun. In order not to face the claims of the controlling authorities, the employing firm must pay remuneration for additional working hours, and draw up the procedure correctly. It is stipulated that an order for overtime work is issued, a sample of which is developed by the organization independently, and the written consent of specialists is drawn up.

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

In Art. 91 of the Labor Code of the Russian Federation prescribes that maximum duration working week hired specialists is 40 hours. The firm has the right to ask employees to stay in order to fulfill urgent duties. For the assistance provided in the completion of the project, employees are entitled to a separate fee or additional time recreation.

Overtime 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 provided for by the norms in the summarized accounting of working hours;
  • recycling is initiated by the employer's administration, not the employee himself.

Important! If the hired specialist remains in the organization on their own to complete started tasks, his work does not qualify as overtime. Payment for additional hours is not provided.

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

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;
  • the consent of the trade union body;
  • an order to engage in overtime work.

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

If the current situation is not of an emergency nature, the management is 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 work, the reasons why 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 notification for review;
  • receives his own copy of the document, where the employee wrote "I do not mind" and affixed his own handwritten signature.

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

Getting union consent is the third step. It is mandatory if such a body operates in the company and if the situation does not belong to 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;
  • failure to appear at the service of the replacement, if manufacturing process does not tolerate stops.

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

How to draw up an order correctly

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

The order must include the following information:

  • date of publication;
  • No. according to internal regulations company numbering;
  • Name of the organization;
  • position and full name of the employee involved in 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 prescribed in the text of the order.

The ordering 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 entrusted this responsibility to himself);
  • an employee confirming familiarization 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 show up for work on the appointed day and hour. If he ignores this obligation, the company's management has the right to bring him to disciplinary responsibility.

Who can work extra

Attraction procedure

The Labor Code says that an employer can only be forced into additional work in exceptional cases (part 3 of Article 99):

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

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

At the same time, the 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 go to their work time... Among them:

  • disabled people;
  • women with children under three years old;
  • parents raising children up to 5 years old alone;
  • parents of disabled children;
  • workers who medical indications caring for sick family members;
  • guardians (curators) of minors.

How long can it last

It must be clearly understood that the maximum duration of activity outside school hours at the initiative of the authorities is fixed in the 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 also a more convenient landmark - no more than 4 hours within two days. However, from June 29, 2017, thanks to Federal Law No. 125 of 06/18/2017, if staff perform overtime work on their day off or holiday and if such activities are paid in an increased amount or compensated for by providing another day of rest in the manner of Article 153 Labor Code, then Article 99 of the Labor Code of the Russian Federation. For example, an employee was recruited to work on his day off, the work was delayed, and instead of eight hours, he worked ten. For a shift on his day off, the employee will receive money, but there are still two hours of overtime. So, if these two hours are paid (in an increased amount, respectively) in the manner determined 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 obliged to keep track of the employee's work. If it turns out that management violates labor protection requirements or otherwise neglects the rules for attracting citizens to additional work, the company and its officials face fines under Art. 5.27 of the Administrative Code of the Russian Federation.

How to register work in excess of the norm

Additional hours are drawn up by several documents. It:

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

Neither of these two documents have a uniform form. For example, consent from an employee can be obtained by sending him a notification about the need to work additional hours. Or the employee can write the consent himself.

Consent sample

Overtime Pay Order Sample

As for the order on attracting additional work, it is obvious that this is one of the personnel documents, therefore it must contain all the necessary data, namely:

  • Full name of the employee (group of employees) and their positions;
  • the reason why you need to work;
  • date of commencement of work and deadline for its completion;
  • requisites written consent.

The document often does not include information about in which version the processing will be compensated. By law, an employee has the right to take an extra day off or receive a supplement. That is, either the person is resting 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 on which the parties settled, since the plans may change, after which the order itself will have to be changed.

Overtime pay order, sample

Give your opinion on the article or ask experts to get an answer

In production, situations often arise when it becomes necessary to involve workers in overtime work. The employer has the right to do this only with the written consent of the working personnel. The fact of such involvement must be documented. A sample order for overtime work will be presented below.

Do you always need an order?

In none federal law it is not spelled out that for registration and payment of processing for employees of the organization in mandatory it is necessary to draw up an appropriate order. In Art. 99 of the Labor Code of the Russian Federation states that in order to attract workers to overtime work, their consent is required. This article also lists the exception situations.

Drawing up an order for overtime work, a sample of which can be found below, simplifies the workflow in the enterprise. It can be presented as a basis for attracting personnel to work in excess of the established norm tax officials or labor inspection when they conduct scheduled and unscheduled inspections.

Overtime work order

There is no unified form of the document; organizations independently develop it, taking into account the rules for preparing primary documentation. If the clause on the payment of overtime work is included in this order, there is no need to issue an additional order on the payment of overtime. Before drawing up an order, the manager must obtain written consent from employees to work in excess of the norm.

The overtime order must contain:

  • document's name;
  • serial number and date of compilation;
  • the reason for attracting workers to work in excess of the norm;
  • the essence of the order;
  • start date of work;
  • the nature of the work performed;
  • Full name of employees, their positions, structural divisions;
  • information on compensation for overtime work (pay in an increased amount or provision of additional rest);
  • information about the consent of employees.

Employees of the enterprise must be sure to familiarize themselves with the order by signing. Every time there is a need for processing, it is necessary to publish new order... The document is registered in the Register of orders. Its shelf life in the organization is 5 years.

If a group of workers is involved in overtime work, there is no need to create a separate order for each person. Recycling can be done in one document. If employees do not agree with the requirement of the order, they express this in the Notice of Involvement in Overtime Work.

Who shouldn't be involved in extracurricular work?

Under no circumstances should the following persons be involved in overtime:

  • pregnant women;
  • employees who are under 18 years of age
  • persons with whom an apprenticeship agreement has been concluded.

The basis is Art. 99, 203, 259 of the Labor Code of the Russian Federation. These persons are prohibited from being involved in overtime work, even if they do not mind going to work on their day off.

Involvement in processing of women raising children under the age of three, disabled persons and persons with medical contraindications is permissible only after obtaining written consent from them. The listed categories of citizens must be familiarized with signature with their right to refuse processing.

Overtime orders are issued only if the initiative comes from the employer. If the employee himself has taken the initiative to work overtime, this is not overtime work and is not documented.

SAMPLE ORDER FORM

ABOUT ATTRACTING AN EMPLOYEE TO SUPER-TIME WORK

______________________________

(name of company)

ORDER

"___" __________ ____ N _____ _____________

Order wording

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

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

(statement N ___ from "___" ________ g.), guided by clause 1 of Art. 152 of the Labor Code of the Russian Federation,

I ORDER:

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

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

, ________________________________________________________________________________________

(structural subdivision) position (specialty, profession), category, class (category) qualifications

2.Ivanov Ivan Ivanovich perform work _________________________________________

(indicate the nature of the work)

overtime with pay in accordance with applicable labor laws.

3.Chief accountant ________________________________________ when calculating salaries

(FULL NAME.)

Ivanov Ivan Ivanovich be guided by this order.

4 .____________________________________ provide accounting

(position, full name)

the duration of overtime work.

5. To acquaint all performers with this order against signature.

Reason: _________________________________________________,

consent (application) of the employee for overtime work

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

Head of institution: ____________ (_______________)

SAMPLE EMPLOYEE STATEMENT FORM

ON CONSENT TO INVOLVE OVER-TIME WORK

V ________________________

from _______________________

I AM, ___________________________________________________,

current position _______________________________

v ____________________________________________________,

(name of the structural unit)

I give my consent to have me work overtime 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 allowed with his written consent in the cases specified in this article of the Labor Code of the Russian Federation.

It is not allowed to involve pregnant women, employees under the age of eighteen, and other categories of employees in overtime work 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 with reduced working hours, but also to those who work part-time, seasonal and temporary workers.

In cases where a holiday is preceded by a weekend, no reduction in the duration of the working day or work shift is made (clarification of the USSR State Committee for Labor and the President of the All-Union Central Council of Trade Unions of the USSR No. 6 / P-18 dated 01.01.2001).

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) before holiday, processing compensated by providing the employee with additional rest time or, with the employee's consent, by paying according to the norms established for overtime work.

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Watch in holidays employees with standardized and non-standardized working hours are compensated by providing the same duration of time off within the next 10 days as on duty.

Approximate wording of entries in the order

under article 99 of the Labor Code of the Russian Federation

Order wording

Note

1. Orders of the employer on attracting the employee to overtime work, if necessary, to complete (finish) the work begun, which, due to an unforeseen delay in technical specifications production could not be performed (completed) during the working hours established for the employee, if the failure to perform (non-completion) of this work may result in damage or loss of the employer's property (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 create a threat to the life and health of people (clause 1.2 of part 2 of article 99 of the Labor Code of the Russian Federation

in connection with the need to complete (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (finished) within the established duration of the working time, since non-fulfillment (non-completion) of this work may entail damage or death property of the employer (including property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, paragraph 1 of part 2 of article 99 of the Labor Code of the Russian Federation

in connection with the need to complete (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (finished) within the established duration of the working time, since non-fulfillment (non-completion) of this work can pose a threat to the life and health of people ,

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

2. Orders of the employer on attracting an employee to overtime work during the production of temporary work to repair and restore mechanisms or structures in the event that their malfunction can cause the termination of work for a significant number of employees (paragraph 2 of part 2 of article 99 of the Labor Code of the Russian Federation)

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

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

Engaging an employee to work overtime by the employer is allowed with his written consent.

3. The order of the employer (individual entrepreneur) on attracting the employee to overtime work to continue work in the absence of the replacement employee, if the work does not allow a break (paragraph 3 of part 2 of article 99 of the Labor Code of the Russian Federation)

to continue work in the absence of a shift worker,

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

Engaging an employee to work overtime by the employer is allowed with his written consent.

4. Orders of the employer on attracting an employee to 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)

for the performance of work necessary to prevent a catastrophe, industrial accident, paragraph 1 of part 3 of article 99 of the Labor Code of the Russian Federation.

for the production of 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 of the employer on attracting the employee to overtime work for public 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)

for the production of work to eliminate the malfunction 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.

Hiring an employee to work overtime by the employer is allowed without his consent.

6. Orders of the employer to attract the employee to overtime work in the production 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases that endanger life or normal living conditions the entire population or part of it (clause 3 of part 3 of article 99 of the Labor Code of the Russian Federation)

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

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

Engaging an employee to work overtime by the employer is allowed without his consent Grounds: Decree of the President of the Russian Federation

N _ from ____ on the introduction of a state of emergency (martial law).

for the production of urgent work in a fire (flood, hunger, earthquake, epidemic or epizootic, etc.), paragraph 3 of part 3 of article 99 of the Labor Code of the Russian Federation. ...

Hiring an employee to work overtime by the employer is allowed without his consent.

7. Orders of the employer on attracting an employee to overtime work in cases not provided for in 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.

Engaging an employee to work overtime by the employer is allowed 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

The main signs

Art. 101 of the Labor Code of the Russian Federation

Art. 119 of the Labor Code of the Russian Federation

Irregular working day is a special mode of work, according to which individual employees can, 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 a local normative act, adopted taking into account the opinion of the representative body of employees.

Working outside normal duration and working hours. There are no restrictions on the length of time of work, which are determined for persons working part-time (Article 98 of the Labor Code), in 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);

Involvement in work is caused by the necessity due to the interests of the organization and the work function performed by the employee (for example, the employee belongs to the administrative staff - the head of the shop);

Involvement in work outside the normal working hours is of an episodic 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. Unlike the regime of work with irregular working hours, 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 in relation to the norm 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?

The procedure for engaging in work outside the normal duration

working day

Note

1. An order (order) of the employer is required; the positions of those recruited 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 in the conditions of irregular working hours.

The employee's consent to engage in such work is not required. At the same time, the employer does not have the right to entrust him with the performance of work not defined by his job function.

Employees with irregular working hours are provided with additional annual paid leave; if it is not provided, the period of work in excess of the 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 work hours beyond the normal duration.

The inclusion in the list of positions of workers with irregular working hours of those whose work cannot be accurately tracked 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 of 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 the norms on the duration of work (shift) (Article 94 of the Labor Code), on the time of the beginning and end of the working day (shift); they are generally exempted from work on weekends and non-working holidays (Article 113 of the Labor Code).

MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION

dated 01.01.01, N

Question: Please clarify the following 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 in one and a half amount, for the next hours - at least in double the amount. How to determine the number of hours of overtime work that are paid in one and a half (double) amount, 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, the next - at least double. If an employee has a monthly salary, the hourly rate is calculated to calculate the overtime surcharge (by dividing the salary by the average monthly working hours). The average monthly number of working hours is calculated as a quotient of the annual number of working hours for production calendar divided by 12.

The total number of hours of overtime work for the accounting period is divided by the number of employee shifts (regardless of the number of hours in the shift). If the received value is less than two, all hours are paid in one and a half amount. If more - the first two hours per shift are paid in one and a half amount, the next - in double.

Answer. The Department of Wages, Labor Protection and Social Partnership has reviewed the letter and is reporting.

According to the first part of Article 99 of the Labor Code of the Russian Federation, overtime work with the summarized recording of working time is work performed by an employee on 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 unified procedure for paying for overtime hours. Overtime work is paid for the first two hours of work not less than one and a half times, for the next hours - not less than double.

Thus, with the summarized accounting of working hours, 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 for the accounting period is paid for the first two hours of work not less than one and a half times, and for all other hours - not less than twice.

Deputy Director of the Department

wages, labor protection

and social partnership

Ministry of Health and Social Development of Russia

N.Z.KOVYAZINA

For information:

Contact phone numbers:

Vice-chairman

Legal inspector