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Overtime pay order. Overtime work order

In some cases at the enterprise it becomes necessary to involve an employee in overtime work. In this article, you will learn what overtime work is and its features, whether everyone can be involved in this type of work, and whether there are time limits. And also how to draw up an order for payment of overtime hours with an indication of the reason and correctly pay overtime, taking into account all the nuances.

In this article, you will learn:

  • what overtime is and who can be involved;
  • is it possible to involve an employee in processing on a regular basis;
  • how to pay employees overtime correctly;
  • how to correctly draw up an order to involve an employee in overtime work.

How to write an overtime pay order correctly

Any work of an employee in a production or organization is governed by an employment contract. It describes job responsibilities, schedule and amount of monetary compensation for this. But at times in the enterprise there may be an urgent need to involve an employee in overtime work. In such a situation, it is very important to do everything right, without violating the rights of employees.

Don't miss: the main material of the month from the leading specialists of the Ministry of Labor and Rostrud

Encyclopedia of personnel orders from the Personnel System.

What is overtime and how to get an employee involved

First, let's understand what exactly is included in the concept of "overtime". An employee can be attracted to this type of work by an employer. By time, it will refer to a period outside the timeline set. And, most importantly, such a request to the employee must be documented.

It is this form of involving an employee in overtime work that is permissible. There are cases when employees, on their own initiative, stay at work, then impute it to the leaders and complain about insufficient wages. But this is fundamentally wrong.

If the employer nevertheless decided to involve an employee in overtime work, then he must take into account a number of rules:

  • this type of work should not be planned in advance and is of a forced nature;
  • all processing is calculated at the end of a certain period;
  • the maximum duration of overtime work is legally established: no more than 4 hours for two days in a row and 120 hours per year;
  • it is necessary to keep accurate records of overtime hours in the timesheet;
  • overtime work cannot be systematic;
  • strictly control the process of attracting employees to this type of work due to existing restrictions. It is important to know that pregnant women, minors and apprenticeships are not allowed to work overtime.

After you have decided how and who can be involved in work in excess of the established norm, it is important to understand how you will need to pay for this work.

Overtime pay

To begin with, according to the Labor Code of the Russian Federation, work in excess of the established norm is compensated either by money or by additional days to leave at the discretion of the employee.

Since the Labor Code of the Russian Federation does not precisely regulate the remuneration system for additional work of employees, a payment system is used here, taking into account the rate for each hour of work on weekdays and an increased rate on weekends and holidays.

The very fact of payment for additional hours is carried out according to the following scheme:

  • an hour of additional work for an employee with a fixed salary is calculated based on the average cost of an hour, taking into account the number of working days in the month when the additional work was established;
  • if the work is done at night from ten in the evening to six in the morning, then it must be paid in accordance with the decision of the manager. In addition, it will be assessed separately as overtime and night work, for which there are different rates, which are summed up when charged. All these points must be stipulated in regulatory enactments;
  • on weekends, the payment is at least double.

Everyone knows that in order for any action in the enterprise to be carried out, it is necessary to document it, that is, the head is obliged to issue order... This is also important for the reason that it is correct to calculate the salary for the employee and for safety, so that the employee does not retrain his work into coercion by the manager.

As a rule, to involve an employee in overtime work, his written consent is required. After which the leader issues an order. You can draw up an order in any form, since there are no strict requirements for registration.

It should reflect the following information:

  • the reasons why the employee should be brought in to work overtime;
  • the names of the employees who will be involved;
  • duration of additional work by time;
  • payment procedure

It is worth noting that, as we have already said, overtime work cannot be planned in advance, it is of a forced nature. That is why you cannot issue an order in relation to an employee for a long period, for example, for a month, quarter or year. Also, it is impossible to approve in advance the lists of employees who will be involved in such work.

It is also illegal to require you to give your consent in advance to work overtime when you sign an employment contract.

The accounting department requires the HR department to issue orders for overtime work of employees and pay for it. The HR department believes that overtime work sheets are sufficient for calculating wages. How should the HR department be in this situation?

The requirement of the accounting department to issue an order is not based on the law, therefore, in this case, in our opinion, the HR department is right.

In Art. 99 of the Labor Code of the Russian Federation (and elsewhere) does not contain a provision obliging the employer to issue an order to attract workers to overtime work and pay for it. The wording of the law is different: the involvement of workers in overtime work is carried out on the initiative employer, and this requires the written consent of the employee. Overtime work is paid on the basis of Art. 152 of the Labor Code of the Russian Federation: for the first two hours of work, not less than one and a half size, for the next hours - not less than twice.

Considering the absence in the Labor Code of the Russian Federation of a requirement for a specific document for registration of involvement in overtime work, there are quite a few ways of documenting. It can be an order, of course (but only "may", not "must"). However, there are much more rational and, therefore, optimal design methods.

An alternative way could be, for example, notification that the employee should stay late at work, at which he will sign his consent. Then, on the same notification, the number of overtime hours worked is affixed and certified by the signature of an authorized official (responsible for providing information for timekeeping or directly by the timekeeper). Such notification can be as single-subject and multi-subject and used in organizations where the need for overtime occurs sporadically.

We offer a rather short notification text: “To an employee such and such. We inform you that in connection with ... you, with your consent, will be involved in overtime work 00.00.0000 (or from 00.00.0000 to 00.00.0000) "... Further, the employee's consent and the number of hours worked are affixed.

If overtime work is a common practice in the organization, then you can start overtime log, where to provide, for example, the following columns: date of overtime work, full name, position / profession, structural unit (if the journal is kept by unit, and not by organization, it is better to indicate it on the title page), employee consent, the number of hours worked. If the organization has many structural divisions, then the journal can gradually be formed from overtime work sheets entering the personnel service from the departments.

Considering that certain categories of workers, in accordance with Art. 99 and 259 of the Labor Code of the Russian Federation, must be familiarized in writing with their right to refuse to engage in overtime work, such information must be contained in the internal labor regulations or in the footers of documents applying for such work.

NOTE FROM SCIENTIFIC EDITOR

It is no secret that in a number of journals, both personnel and accounting, individual authors express, in our opinion, a very superficial opinion that an order is required to involve them in overtime work. The opinion, as you can see by carefully studying the Labor Code of the Russian Federation, is unfounded.

But, apparently, in this case, accounting employees somewhere read this very opinion and adopted it, not thinking that copyright materials are by no means the ultimate truth, but just the opinion of an individual specialist who has, as an equal or higher, and, possibly, less serious training than that of specific specialists of a particular personnel service or accounting.

Every professional is obliged to develop the technology of his work, guided by the provisions of the law, and journal publications (including in our magazine) should be used as auxiliary material.

Recommendations of specialists (authors of articles and books on HR administration) in any case should be checked against the norms of laws and their own professional logic. In addition, practitioners can often develop significantly more rational ways of formalizing certain personnel procedures.

In conclusion, we recall that overtime work is indicated in timesheet special code "WITH"... For workers with daily working hours, it cannot exceed four hours in two consecutive days.

For employees with cumulative accounting, overtime will be hours outside the established norm of working time for the accounting period, therefore the code "WITH" may be celebrated for several days in a row at the end of the accounting period.

In any accounting of working time, the number of overtime hours cannot exceed 120 hours per year.

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

Overtime work: what it refers to

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

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

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

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

When is employee consent needed and when not?

The following shall have the right to refuse processing:

  • workers who are parents of children with disabilities;
  • disabled people;
  • a parent raising one (without a spouse or spouse) child not older than five years;
  • women with children under three years old;
  • workers caring for sick family members (with a medical certificate);

Who is contraindicated in overtime?

You can not work in excess of the norm:

  • pregnant employees;
  • employees under 18 years of age (except for some creative workers and athletes);
  • employees during the term of the apprenticeship agreement;
  • other employees, when the legislation does not allow it (for example, according to medical contraindications).

Algorithm for attracting employees to processing

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

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

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

The employee must be familiarized with the order for signature.

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

Download a sample order for overtime pay

Approximate form of the order on attracting an employee to overtime work (prepared by the experts of the company "Garant")

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

Order
on attracting an employee to overtime work [name of organization, enterprise]

[ day month Year ]

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

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

2. The head of human resources should ensure that each employee's overtime is accurately recorded.

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

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

1. Memo on the need for overtime from [day, month, year] N [value].

2. Notice of [name of employee] from [date, month, year] N [value].

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

[position of the head, signature, initials, surname]

Acquainted with the order:

[position, signature, initials, surname]

The approximate form of the order to attract an employee to overtime work

Developed by: Garant Company, November 2012

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

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

Sample orders for overtime work

Overtime work is called overtime. Such work must be documented and paid in an increased amount, if its initiative comes from the employer. Here are some examples of documents that, in most cases, formalize the involvement in such work and payment for processing hours.

Do I need an overtime order

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

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

Extracurricular work must be based on the consent of the employee (except for exceptions), recorded in the accounting of working hours and paid in an increased amount (or in the usual amount with the provision of rest). By order, it is mandatory to draw up the involvement in additional work and its payment, as well as the consent of the employee - the reason and time of processing must be documented.

The presence of an order for engaging in overtime work, a sample of which is given below, simplifies the workflow. When checking by the tax or labor inspectorate, it is easier to cite the order of the head as the basis for involving in the processing, so as not to get confused in supporting documents. In addition to orders (in the sense in addition to orders), employers can use other methods of registration of such work, for example, keep a log of overtime work.

The order of the head on engaging in overtime work must contain the following details:

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

Overtime order, sample

There is no uniform form. Each organization independently develops a document, observing the rules for preparing primary accounting documentation. Here is a sample of a completed order on attracting a fitter-assembler to additional work due to the absence of his replacement for work. Below you can download an empty form and fill it out yourself, having entered the necessary information according to the sample.

When drawing up a document in this form, there is no need to additionally issue an order to pay for processing, because the item on payment has already been written into the order.

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

Overtime order for a group of employees

There are situations when several workers are involved in additional work at once. In order not to issue a separate order for each, you can arrange the processing in one document. Below you will find a sample order for two employees to do additional work due to a broken electrical wire that caused a communication failure. Recall that under Part 3 of Art. 99 of the Labor Code of the Russian Federation, the consent of employees in this case does not need to be obtained. In general, employees usually express their consent or disagreement in the Notice of Involvement in Overtime Work, which serves as the basis for issuing the order. Also, some categories of employees must familiarize themselves in writing with the right to refuse additional work:

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

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

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

We issue an order for overtime work

Overtime order sample

Who can work extra

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

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

Overtime order, sample

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 leave during their non-working hours. 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, for medical reasons, care 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 accordance with Article 153 of the Labor Code, then the duration such work is not limited by the rules of 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 time worked by the employee. 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. This:

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

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;
  • details of the 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.

Order to engage in overtime work or work on a day off

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

In the course of work, an employee may be involved in overtime work or work on weekends and holidays.

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

1) performance of work begun, which, if not completed, can involve damage or destruction of the employer's property, state or municipal property, or endanger the life and health of people;

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

3) if the shift worker fails to appear, if the work does not allow for a break.

Work on weekends and non-working holidays is prohibited, with the exception of cases provided for by labor legislation (part 1 of article 113 of the Labor Code of the Russian Federation).

According to Part 2 of Art. 113 of the Labor Code of the Russian Federation attraction of workers to work on weekends and non-working holidays performed in case of need to perform unforeseen work in advance, on which the normal work of the organization as a whole or its individual structural divisions depends in the future.

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

Labor Code of the Russian Federation in part 3 of Art. 99 and part 3 of article 113 of the Labor Code of the Russian Federation, a list of works is regulated, in the implementation of which the consent of the employee is not required.

The written consent of the employee can be formalized either by an entry on the notification, or by a separate statement.

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

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

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

The submitted sample of the order to engage in overtime work or on a weekend and a public holiday contains the following data:

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

The employee is entitled to the following types of compensation:

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

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

If the organization has a primary trade union organization, then the draft order must be coordinated with this trade union organization.

WITH the order needs to inform the employee against signature- at the bottom of the order, the employee must sign and put the date of familiarization.

This personnel document is registered in the register of orders (orders) and stored in the organization for 5 years.

This document is used in the following procedures.

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 be documented in the document circulation without fail. Moreover, this can be done in different ways.

Do I need

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

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

In his 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 works, for which involvement does not require the written consent of the employee.

For example, this is the need to carry out the elimination of the consequences of all kinds of disasters, and also something else. All such cases are listed in maximum detail in the labor legislation of the Russian Federation.

In the Russian Federation or elsewhere, there is no indication of the need for the formation of the type of order under consideration.

At the moment, the fundamental document is the Labor Code of the Russian Federation. But it is imperative to pay appropriately for overtime work.

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 subsequent time - doubled.

The employer is obliged to keep proper records of all overtime work. Subsequently, make payment 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 to engage 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 performance of many procedures. First of all, the procedure for making settlements.

How to compose and sample it

If for some reason there is no experience in drawing up this kind of documents, it is worthwhile to familiarize yourself with a correctly drawn up 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 this kind of work;
  • the date of overtime work is indicated, as well as the time of execution;
  • the need for monetary compensation (or compensation for rest) is displayed;
  • the signature of the director of the enterprise is affixed, of another executive body - with a decryption.

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

Otherwise, the authorities controlling the maintenance of records may have any questions directly to the employer.

In nighttime

Also, overtime work means night work. It should only be remembered that it is not required to pay an increased amount of work at night for employees whose direct responsibilities are such work.

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

The following information is reflected in the order of this type:

  • full name of the employing organization;
  • place / date of preparation of the document;
  • the reason for the need for this type of work is indicated;
  • the time, date of overtime work is reflected;
  • the involved employees are listed;
  • an official responsible for assigning compensation is prescribed;
  • the signature of the director with the decryption is affixed, as well as the employees themselves - it confirms the fact of familiarization.

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

If any violations of this kind still take place, then the agreement will simply be considered invalid, null and 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 an ordinary employee. Since he is initially in a deliberately less favorable position relative to his employer.

When it is allowed to involve an employee in overtime work

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

All such situations can be divided into two main groups:

  • when the consent of the employee himself is not required;
  • when it is necessary to have such a written consent.

There is a list of situations where written consent is not required. Works of this kind include 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 required to eliminate the causes of malfunction of the following communication systems:
    • water supply;
    • transport;
    • communication;
    • heating;
    • sewerage;
    • lighting;
  • if it is required 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 carried out in the amount established by law.

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

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

The list of such works includes the following:

  • if there is a need to perform any work already started - if subsequently, if not done, there is a risk of damage to the property of the employer, the occurrence of significant damage;
  • it is required to carry out restoration, repair work with any installations, if the termination of their work can lead to the termination of work of a significant number of employees;
  • if the replacement employee does not show up 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 employee does not have consent (in writing) to perform the work, then there is simply no right to involve him in it.

This moment is reflected in the current legislation. It also indicates the inadmissibility of compulsion to work. This is illegal.

It should be remembered about some restrictions that are imposed on the total time of possible work. Such restrictions are as follows:

  • 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, a restriction on overtime work is set - it should be no more than 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 employee is less than 18 years old;
  • certain categories of employees, which are indicated in special sections of federal law (for example, if an apprenticeship 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.

These citizens today include the following:

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

At the same time, the work, the attraction to which will be carried out, should not be prohibited for health reasons. It is imperative to keep accurate records of overtime work.

The very fact of drawing up an order to carry out 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:

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

Order

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

The usually considered procedure is as follows:

  • a special consent is formed in writing to perform work of this kind;
  • a special order is issued to engage in overtime work;
  • a special time sheet for overtime work is formed.

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

This, subsequently, will avoid some significant problems. The Labor Inspectorate and other regulatory bodies always carry out a close examination of such documents.

Consent and its pattern

Consent to engage in overtime work can be issued in a free form. But the following data must be reflected in it itself:

  • full name of the organization itself;
  • all information about the employee;
  • date / place of involvement in the performance of a 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 on a personal computer.

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

The legislation does not establish a unified format for a statement of the type in question. But at the same time, you should adhere to the pattern indicated above. Pay special attention to dates. The presence of a genuine signature on the document is strictly required.

Incorrectly entered dates, incorrectly spelled out surnames, other details of employees may serve as the basis for recognizing the document as invalid.