Order on overtime work. Sample and form 2020

Order on involvement in overtime work: sample

According to the provisions of Art. 99 of the Labor Code of the Russian Federation, overtime work is a labor activity that has two essential characteristics:

The specialist remains behind to perform assigned tasks after completing his own shift.
The initiator of processing is not the employee himself, but the administration of the employing company.

For the Labor Code of the Russian Federation, it does not matter whether the employee performs “usual” functions or solves other tasks that are not characteristic of his position.

The concept of overtime work does not apply to the following situations:

performance of work on civil safety regulations;
processing on the employee’s personal initiative;
activities of persons with flexible and irregular schedules;
employment of internal part-time workers.

If the employer’s administration does not draw up the necessary personnel documents (order and consent of the employee), it will be impossible for the overworked specialist to prove that he did not remain in the service of his own free will. This means that there will be no payment for additional hours.

Calculation of overtime hours on a shift schedule

How is overtime work processed?

The Labor Code of the Russian Federation lists situations when an employing company can force a specialist to overwork without his consent. They are related to eliminating the consequences or preventing industrial accidents and other emergency situations.

In cases not mentioned in Art. 99 of the Labor Code of the Russian Federation, the employing company is obliged to obtain written consent from the employee for processing. To do this, personnel officers prepare a notice indicating the reasons for the need for overtime work, its specific date, and time interval. The document is signed by the head of the company.

At the bottom of the notification there are two fields: “Agree” and “Disagree.” The employee selects the option that corresponds to his decision and puts his handwritten signature opposite. The document is prepared in two copies: one for the company administration, the second for the hired specialist.

According to Art. 99 of the Labor Code of the Russian Federation, the employee’s consent will be sufficient in three cases:

failure to complete the work may result in damage to equipment and harm to the health of personnel;
refusal to perform certain functions may result in downtime;
production does not imply the possibility of stopping, and the replacement specialist did not show up for work.

In other cases not included in the legislative list, the employing company is obliged to coordinate its plans for attracting specialists to work overtime with the trade union body operating in the company.

How to write a processing order?

Based on the employee’s acceptance, an order is issued. The current legislation does not offer a unified form; the company develops and enshrines its own model in local acts. The document must contain the following information:

name of the commercial structure;
Order number and date;
Full name and position of the employee;
the reason why the specialist needs to be reworked;
exact date and time interval of processing;
details of the notification confirming the specialist’s consent to work overtime;
Full name of the person responsible for executing the order.

Below is the name of the manager and his handwritten signature. The person responsible for carrying out the orders of the authorities and the specialist who is involved in overtime activities must affix their visa.

The standard sample order for overtime work can be supplemented with information about the remuneration due. If an employee has decided what to choose for work: monetary compensation or hours of rest, this is stated in the personnel document. For example, the exact date is indicated when the specialist will leave the service earlier than expected.

Important! The company has the right to establish increased remuneration for overtime for its staff. The amount of the surcharge is specified in the order. It is prohibited to worsen the position of specialists in comparison with the Labor Code of the Russian Federation.

If the company has a trade union body and the planned processing is agreed upon by it, a corresponding note is made in the order.

If a specialist expressed written consent to overtime, signed an order, but did not show up for work at the appointed time, this is regarded as absenteeism, entailing disciplinary liability.

(Sample) Order on involvement in overtime work

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Source: https://raszp.ru/spravochn/kak-oformit-prikaz-o-privlechenii-k-sverhurochnoy-rabote.html

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Drawing up an order to engage in overtime work

Quite often situations arise when employees are involved in performing some work outside the working hours allotted by the employment agreement.

This is not prohibited by law, with the exception of certain cases, but in most situations written permission from employees is required. In addition, the very fact of being recruited to work outside of school hours must be properly documented.

An important point is the issue of compensation for overtime work. In addition to increased pay, employees are entitled to additional time for rest.

Definition of the concept

The definition of overtime work includes the performance, at the initiative of the employer, of certain work duties by an employee outside the boundaries of his shift or in excess of the required number of working hours in a week or month.

Based on this definition, overtime work is a forced step that has to be taken as a result of certain circumstances or disturbances in the business process. Since such work is the exception and not the norm, advance planning is not possible.

The basis for performing work beyond the temporary standard is an order to engage in overtime work.

When allowed

The legislation specifies in detail the situations in which engaging employees to work overtime is acceptable. However, in some cases the employee’s consent is not required, and in some cases it cannot be avoided.

There is no need for it in the following situations:

when work is carried out aimed at preventing or eliminating the consequences of accidents, catastrophes, disasters;
when it is necessary to restore important communication systems to normal condition;
when the performance of work is due to the introduction of a martial law/state of emergency or the presence of a threat to the health and life of people.

The employer must obtain the consent of employees in the following cases:

when it is necessary to complete previously started work, the failure of which may entail significant losses;
when restoration and repair work is carried out on any equipment, stopping the functioning of which could cause the cessation of work of a large number of people;
when a shift worker fails to show up at the appointed time while performing work that does not allow breaks.

If in the above cases the employee has not given his consent to work overtime, then the employer has no right to involve him in it. Forced labor is unacceptable and illegal.

It is not allowed to engage in overtime work lasting four or more hours for more than two days in a row. The annual overtime limit is 120 hours.

Who should not be attracted

Labor legislation does not allow pregnant employees, employees under 18 years of age, persons working under a study contract, and other citizens who are guaranteed in this matter by federal legislation to be involved in overtime work.

In extreme cases, it is possible to involve certain categories of citizens in this kind of work, subject to their written consent, as well as compliance with other prescribed procedures: passing a medical examination, written notification that people were aware of their right to refuse these works.

Such citizens include employees who have small children, single mothers (fathers), employees who themselves have disabilities or who care for disabled children and other family members in need of care.

Drawing up and sample order for involvement in overtime work

The law prescribes that it is mandatory to draw up an order for involvement in overtime work.

Each sample of this document must necessarily include the following data:

the name of the company and its organizational form;
place of compilation and date;
the name of the document itself;
an exhaustive list of employees whose involvement in overtime work is planned;
date and duration of these works;
nuances of compensation;
signature with transcript of the head of the enterprise or authorized body.

Sample order for involvement in overtime work

Employee consent

Registration of an employee’s consent to engage him in overtime work can be done in a free form, but it must necessarily contain the following data:

full name of the enterprise;
necessary information about the employee;
date and place of drawing up the document, as well as attracting the person to work;
the amount of compensation or the duration of the vacation provided;
signature.

The best option is to have a single form developed by the organization, which is given to employees to fill out.

Written consent from the employee for overtime work is required in the following cases:

if it is necessary to complete previously started work, the execution of which was not completed during the working day due to some technical unforeseen circumstances. At the same time, failure to comply can lead to significant damage to property, creating a threat to the life and health of citizens;
if work is being carried out related to restoring the integrity and operability of structures and mechanisms, the failure of which may result in production downtime;
if the employee who is supposed to relieve the employee does not show up at the workplace on time, provided that the nature of the work does not allow interruptions.

At the same time, the employee has every right not to give his consent to overtime work, and this behavior cannot be regarded as a violation of labor discipline.

Salary

The Labor Code provides for the possibility for an employee to choose compensation for overtime work in the form of additional time for rest or increased pay.

In the first case, the rest time must be no less in duration than the time spent on overtime work. As for increased wages, it is determined as follows: for the first two hours - at least one and a half times the standard rate, then - at least twice.

Piece rates of remuneration, hourly or daily rates, and part of the official salary based on hours or days worked are taken as the basis for calculating and applying increasing coefficients for overtime work.
Certain difficulties may arise when calculating the amount of monetary compensation for overtime hours worked when employees are paid based on a monthly wage scale or a fixed salary.
In such situations, it is advisable to find the hourly part of the salary by dividing the amount of the monthly salary by 1/12 of the standard working hours for the calendar year in accordance with the production calendar.

At night

Night work is a type of overtime work. However, increased pay is not provided for in cases where night work is the direct responsibility of employees.

It is advisable to involve workers in night work on the basis of an appropriate order with the obligatory indication of the full name of the employing company, the place and time of drawing up the document, as well as the execution of the work, its duration, the reason that determined the need for this work, all involved employees and the responsible official.

The order must contain the signature of the head of the company and all employees who will perform the work, so that it is clear that all persons have been informed and given their consent.

The legislation does not provide for a uniform format for such orders, but they must be drawn up taking into account the rights of employees and labor legislation.

On weekends and holidays

The law distinguishes overtime work itself from work that is performed on holidays and weekends.

In general, overtime is the work that an employee, at the request of the employer, performs after the end of the working day. At the same time, such work must certainly be paid, and at an increased rate, even if all the formalities regarding the involvement of the employee in this work were not observed.

Work performed during holidays and weekends is not classified as overtime.

According to Article 107 of the Labor Code, going to work at a time when most citizens are on vacation is considered work on non-working holidays and weekends.

Labor legislation requires that such work be paid at least double the standard rate.

Article 107. Types of rest time

If work is performed overtime during holidays and weekends, then it is not recorded as overtime, since the employee has already received double payment for it in accordance with the standards provided for performing work duties on rest days.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Source: https://buhuchetpro.ru/prikaz-o-privlechenii-k-sverhurochnoj-rabote/

Overtime pay

Let's start with the fact that according to the Labor Code of the Russian Federation, work in excess of the established norm is compensated either with money or with additional days of vacation at the discretion of the employee.

Since the Labor Code of the Russian Federation does not precisely regulate the wage 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 work is performed 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, like overtime and night work, for which there are different tariffs, which are summed up when calculated. All these points must be specified in regulations;
on weekends the payment is no less than double.

Everyone knows that in order for any action to be carried out at an enterprise, it must be documented, that is, the manager is obliged to issue an order

. This is also important for the reason that it is necessary to correctly calculate the employee’s salary and for safety, so that the employee does not reclassify his work as coercion on the part of the manager.

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

It should reflect the following information:

reasons why an employee needs to be required to work overtime;
names of workers who will be involved;
duration of additional work in 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 against an employee for a long period, for example, a month, a quarter or a year. It is also impossible to approve in advance the lists of employees who will be involved in such work.

The requirement to express your consent to overtime work in advance when signing an employment contract is also illegal.

Current legislation does not prohibit companies from asking staff to remain on duty after the end of a “standard” shift in order to fulfill urgent duties and complete projects that have been started. In order not to face claims from regulatory authorities, the employing company needs to pay remuneration for additional labor hours and formalize the procedure correctly. It is provided that an order on overtime work is issued, a sample of which is developed by the organization independently, and the written consent of specialists is drawn up.

Order for overtime work: registration procedure, sample

Labor legislation allows organizations to involve workers in activities beyond the standard working hours. Making an order for overtime work, with some exceptions, is possible only with the consent of the employee. All working hours exceeding the norm are paid in a larger amount than under the standard schedule.

What is overtime work according to the Labor Code

Labor legislation defines the standard working time for one week as 40 hours. Enterprises can involve employees in overtime for a fee or with additional days off.

The term overtime work is described in Art. 99 Labor Code. This is the employment of citizens that meets the following criteria:

tasks are performed outside of school hours, before or after the end of a scheduled shift;
the initiator is the organization.

ATTENTION! If an employee stays late at work on his own initiative, this is not considered off-duty time.

How to apply for overtime work

Involvement in extracurricular duties is documented in the following order:

obtaining written consent from the employee;
issuance of an order for recruitment;
issuing a payment order.

IMPORTANT! If the enterprise has a trade union of employees, the manager will additionally have to obtain approval for involving employees in work from the head of the trade union.

Art. 99 of the Labor Code of the Russian Federation establishes a limit on the duration of additional working hours:

no more than 4 hours for two days in a row;
no more than 120 hours per year.

Payment for irregular work activities is calculated as follows:

the first two hours - one and a half times the average daily income;
the rest of the time - double the amount.

Earnings for additional hours, like any income, are subject to personal income tax. In addition, the employer transfers insurance contributions to the funds from the payment amounts.

Order on involvement in overtime work

In 2020, Rostrud abolished orders for overtime work, and now organizations do not have to draw them up. To engage in irregular work, it is enough to obtain consent from the employee and notify him of the schedule of upcoming visits to the workplace.

Despite this, most enterprises continue to use overtime orders, as they help systematize the accounting of internal company documentation.

The document is drawn up in free form. Its main part states:

full name of the organization indicating the form;
Full name of the employee and the title of the position held;
level of qualification, rank or class (if any);
the nature of the upcoming employment;
Full name and position of the person responsible for the execution of the order;
employee’s signature confirming familiarization;
manager's signature.

The component part of the order describes the reason why the person is involved in working beyond the norm.

Orders for overtime work can be found here.

Order for payment of overtime hours

Along with the order, the head of the organization must issue an order to pay for overtime for the accountant. The document is also drawn up in free form and contains:

Full name of the citizen and job title;
grounds for involvement in irregular activities;
time and period of employment;
a note indicating consent;
manager's signature.

Example of a payment order:

Source: https://o-kadrah.ru/dokumenty/prikaz-o-sverhurochnoy-rabote

Sample orders for engaging in overtime work

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

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

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

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

Having an order for engaging in overtime work, a sample of which is given below, simplifies document management.

When checking by a tax or labor inspectorate, it is easier to cite the manager’s order as the basis for engaging in processing, so as not to get confused in the supporting documents.

In addition to orders (in the sense of additional to orders), employers can use other methods of documenting such work, for example, keeping a log of overtime work.

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

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

Order on overtime work, sample

There is no unified form. Each organization independently develops a document, observing the rules for drawing up primary accounting documentation.

Here is a sample of a completed order to hire a fitter for additional work due to the failure of his replacement to show up for work.

Below you can download a blank form and fill it out yourself, entering the necessary information according to the sample.

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

Order for payment of overtime hours, sample

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

Order for overtime work for a group of employees

There are situations when several workers are involved in additional work at once. In order not to issue a separate order for each, you can formalize the processing in one document. Below you will find a sample order to involve two employees in additional work due to a break in electrical wires, which led to a communication failure.

Let us remind you that according to Part 3 of Art. 99 of the Labor Code of the Russian Federation, in this case, it is not necessary to obtain the consent of employees. In general, employees usually express their agreement or disagreement in a Notice of Engagement in Overtime Work, which serves as the basis for issuing an order.

Also, certain categories of employees must be informed in writing of the right to refuse additional work:

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

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

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

Employee consent

According to the law, registration of irregular work is possible only with the consent of the involved employee. But Article 99 of the Labor Code lists exceptional situations in which consent is not required:

industrial accident;
emergency situations or martial law;
breakdown of life support equipment for the population (water or electricity supply, gas supply system, etc.).

There are several categories of citizens who can be involved in overtime only with their consent, regardless of the reason:

persons with disabilities;
mothers of children under three years of age;
single parents of children under five years of age;
citizens caring for a child or sick relative.

The consent is drawn up in free form ().

It states:

organization details;
information about the employee;
consent to work outside of school hours;
date of compilation and signature.

IMPORTANT! Pregnant women and minor employees employed on the basis of a student employment contract are prohibited from being involved in additional work.

Order on overtime work: sample – Enterprise Info

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

pregnant women (Part 5 of Article 99 of the Labor Code of the Russian Federation);
minors, except for some creative employees (Article 268 of the Labor Code of the Russian Federation) and athletes (Part 3 of Article 348.8 of the Labor Code of the Russian Federation);
employees with whom an apprenticeship agreement has been concluded (Part 3 of Article 203 of the Labor Code of the Russian Federation);
employees for whom restrictions have been prescribed for medical reasons, for example, cannot involve patients with an active form of tuberculosis or people with disabilities.

The administration can involve other categories of employees in additional work by issuing an order to involve them in overtime work, a sample of which we provide.

Recruitment procedure

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

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

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

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

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

How long can it last

It must be clearly understood that the maximum duration of activities outside of school hours at the initiative of management is fixed in law. In accordance with Part 6 of Article 99 of the Labor Code of the Russian Federation, this is no more than 120 hours per year. There is a more convenient guideline - no more than 4 hours over two days. However, from June 29, 2020, thanks to the Federal Law of June 18.

For example, an employee was brought to work on his day off, the work was delayed, and instead of the required eight hours he worked ten. The employee will receive money for the shift on his day off, but there are still two hours of overtime left.

So, if these two hours are paid (in an increased amount accordingly) in the manner prescribed by Article 153 of the Labor Code of the Russian Federation, then they will not be subject to accounting as overtime.

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

How to apply for extra work

Additional hours are documented in several documents. This:

written consent of the involved employee;
overtime order.

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

Order on overtime work sample 2020, example, work on weekends

If the technological process requires it, the employer has the right to involve the employee in overtime work.

The fact that an employee is involved in performing work beyond the norm must be documented in the manner prescribed by law, otherwise the employer will be held administratively liable, and the employee will not be able to guarantee himself payment in an increased amount. Let's find out how to draw up a sample overtime order.

When can an employee be required to work overtime?

If an employer requires employees to perform any work overtime, the employer must understand when it needs to obtain the employee's written consent and when it does not. Consent is not required in the following cases:

When the following work is required:
to eliminate the consequences of accidents that have already occurred;
to eliminate destruction after natural disasters.
When it is necessary to carry out work due to the fact that a state of emergency (or martial law) has been declared. The same applies to work performed to prevent threats to the life and health of citizens.
When it is necessary to eliminate the causes of disruptions in the operation of vehicles, communications, water supply, heating, lighting, sewerage.

In the following cases, asking for the employee’s written consent is required, otherwise engaging in overtime work will be considered illegal:

when a shift worker does not show up for work, and the technological process cannot be interrupted;
when it is necessary to troubleshoot, restore, repair equipment or installations, due to disruption of which production will stop and a large number of employees will be left without work;
when it is necessary to finish work that has already begun if it cannot be left unfinished due to damage or other damage to the enterprise.

There is a list of employees who cannot be involved in work beyond the norm, even if they are ready to give their written consent. These include:

women expecting a child;
minor employees;
employees with whom a student agreement has been concluded.

The following employees must first give written consent, otherwise they cannot be forced to perform work outside of normal working hours:

mothers (or single fathers) of children under 3 years of age;
disabled people of any disability group (work should not worsen their health).

The law also establishes restrictions on the involvement of enterprise employees in overtime work:

overtime work can be performed for a maximum of 4 hours and no more than 2 days in a row;
the total number of overtime hours worked per year should not exceed 120 hours;
When working overtime, employees are given additional time to rest.

Source: https://gyroscooter-72.ru/dokumentatsiya/prikaz-o-sverhurochnoj-rabote-obrazets.html

Answer

If an employee does not have an irregular working day in accordance with the employment contract, the employer does not have the right to detain him at work at the end of the working day.

In this situation, an employee can be required to work overtime:

This is stated in Article 99 of the Labor Code of the Russian Federation.

An employee’s consent to work overtime is not required if he is involved in:

This is stated in Article 99 of the Labor Code of the Russian Federation.

Order on overtime work

How to issue an order to involve an employee in overtime work

Fill out the order for overtime work in any form. The legislation does not establish a unified form for this document.

How to obtain an employee’s consent to work overtime

The rules for registering an employee’s consent to overtime work are not defined by labor legislation. In practice, they do it in one of the following ways. Consent is drawn up:

In what cases is it not necessary to obtain consent from an employee to engage in overtime work?

The employee’s consent is not required if he is involved in the following:

issue an order to involve an employee in overtime work;
familiarize the employee with his right to refuse overtime work (if necessary);
obtain the employee’s written consent to engage in overtime work;
take into account the opinion of the trade union (if there is one in the organization).

This is stated in Part 3 of Article 99 of the Labor Code of the Russian Federation.

Based on the text of the question, the situation in question does not fall under cases of being forced to work overtime without the employee’s consent; therefore, if the employee does not agree to work overtime, the employer does not have the right to detain him at work or bring him to disciplinary action for refusal.

Note

: in order to avoid such situations in the future, an employee can establish a piece-rate wage system and approve standards for the production of finished products. In this case, there will be no need to pay for unfinished products, and if an employee does not meet production standards without good reason, he can be subject to disciplinary action.

Details in the materials of the Personnel System:

1. Answer: What documents should I use to formalize inviting an employee to work overtime?

General procedure

How to get an employee to work overtime

To attract an employee to work overtime, you need to:*

work necessary to prevent a catastrophe or industrial accidents, as well as eliminate their consequences;
socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water and gas supply, heating, lighting, sewerage, transport, and communications systems;
necessary work in connection with the introduction of a state of emergency (martial), as well as in connection with emergency circumstances threatening the life or normal living conditions of the population (fires, floods, earthquakes, epidemics, etc.).
issue an order to involve an employee in overtime work;
familiarize the employee with his right to refuse overtime work (if necessary);
obtain the employee’s written consent to engage in overtime work (if necessary);
take into account the opinion of the trade union (if there is one in the organization).

in the form of an employee application in any form;
in the form of an employee’s mark on the order for involvement in overtime work: “I agree to be involved in work.”

work necessary to prevent a catastrophe or industrial accidents, as well as eliminate their consequences;
socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water and gas supply, heating, lighting, sewerage, transport, and communications systems;
necessary work in connection with the introduction of a state of emergency (martial), as well as in connection with emergency circumstances threatening the life or normal living conditions of the population (fires, floods, earthquakes, epidemics, etc.).

This is interesting: Characteristics recommendation sample for FSB

This is stated in Part 3 of Article 99 of the Labor Code of the Russian Federation.

Order on overtime work

In its absence, it will be considered simply invalid. The employer should carefully check the accuracy of the consent for the type of work in question.

Incorrect dates, incorrectly spelled surnames, and other details of employees may serve as grounds for declaring a document invalid. An employer should engage in overtime work only when there is a real need for it.

Moreover, everything must be compensated in accordance with the procedure established by law. Otherwise, there is a high probability of controversial issues arising. : Overtime work.

Order on overtime work (sample)

Order for overtime work for a group of employees There are situations when several employees are involved in additional work at once.

In order not to issue a separate order for each, you can formalize the processing in one document.

Below you will find a sample order to involve two employees in additional work due to a break in electrical wires, which led to a communication failure.

Overtime work: is an order necessary?

However, from June 29, 2020, thanks to the Federal Law of June 18.

2017 No. 125, if staff perform overtime work on their day off or holiday and if such activity is paid at an increased rate or is compensated by providing another day of rest in accordance with Article 153 of the Labor Code, then the duration of such work is not limited according to the rules of Article 99 of the Labor Code of the Russian Federation. For example, an employee was brought to work on his day off, the work was delayed, and instead of the required eight hours he worked ten. The employee will receive money for the shift on his day off, but there are still two hours of overtime left. So, if these two hours are paid (in an increased amount accordingly) in the manner prescribed by Article 153 of the Labor Code of the Russian Federation, then they will not be subject to accounting as overtime. By law, it is the employer who is required to keep records of the time worked by the employee.

We issue an order for 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. But if it is formed, it is recommended to create a new one every time. It is not allowed to formulate an order of the type in question for a long period of time. According to the Labor Code of the Russian Federation, an employee must be given a choice of overtime compensation:

additional time for rest;
payment in the appropriate form.

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

Proper registration of overtime work

Attention

In the Time Sheet, overtime hours worked must be recorded (code “C” or “04” and the number of hours).

The employer must keep in mind that Article 99 of the Labor Code prohibits working overtime for more than 4 hours over 2 consecutive days and more than 120 hours per year.

There are two ways to compensate for overtime work - additional vacation (at the employee's request) and payment for hours worked overtime.

If an application for additional days of vacation has not been received from the employee, overtime must be paid - for the first two hours the additional payment is 50%, for the next - 100%.

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

Example of an order for overtime work

A bank’s refusal to carry out a transaction can be appealed. The Bank of Russia has developed requirements for an application that a bank client (organization, individual entrepreneur, individual) can send to an interdepartmental commission in the event that the bank refuses to make a payment or enter into a bank account (deposit) agreement.

Issuing an order to engage in overtime work (a sample is given below) is an integral part of attracting a worker to overtime.

Overtime work: registration, payment, taxation

Overtime work: is an order necessary?
Proper registration of overtime work
We issue an order for overtime work
Example of an order for overtime work
Overtime work: registration, payment, taxation

Overtime work: is an order necessary? Labor Code of the Russian Federation: for the first two hours of work, no less than one and a half times the rate, for subsequent hours - no less than double the rate. 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. Important This can be an order, of course (but only “can”, not “must”). However, there are much more rational and, therefore, optimal ways of design.

If the organization has many structural divisions, then the log can be gradually formed from sheets for recording overtime work received by the personnel service from the divisions. Considering that certain categories of workers, in accordance with Art.

99 and 259 of the Labor Code of the Russian Federation, must be informed in writing of their right to refuse to be involved in overtime work; the internal labor regulations or in the footers of documents formalizing the involvement in such work must contain such information.

Overtime work: what applies to it

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

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

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

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

How to write an order correctly

Current legislation does not provide for a unified sample order for involvement in overtime work. Companies have the right to draw up administrative documents in free form in compliance with business style standards.

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 processing;
the exact date, time interval when he needs to work beyond the norm;
reasons for the need for overtime work;
details of the document expressing the citizen’s consent to processing.

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

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

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

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

When an order is issued, the employee is obliged to report to work on the appointed day and time. If he ignores this obligation, the company's management has the right to bring him to disciplinary action.

Overtime: concept, types of compensation

Art. 99 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (hereinafter referred to as the Labor Code of the Russian Federation) gives the concept of overtime work. This is the work to which the employer engages the employee after the end of his daily work shift or, if cumulative accounting of working hours is used, in excess of the allotted number of hours for the accounting period.

IMPORTANT! In order for overtime to be considered overtime, the employer's initiative is required. An employee who performs overtime without the knowledge of the employer and on his own initiative cannot claim compensation for work beyond the established time (see the decision of the Pugachevsky District Court of the Saratov Region dated November 30, 2016 in case No. 2-934(1) 2016, letter from Rostrud dated 02.12.2009 No. 3567-6-1).

Overtime pay is a state-guaranteed right of every employee working in conditions that differ from normal ones. This compensation, as Art. 152 of the Labor Code of the Russian Federation, may consist of:

monetary remuneration: for the first 2 hours of overtime, the employee receives one and a half times the payment, and for subsequent hours - double;
providing time off, the duration of which must be equal to or greater than the number of overtime hours.

Inadequate documentation of processing: risks for workers

In the absence of the above documents, it will be difficult to prove the fact of processing, and therefore it is the employee who is interested in ensuring that his employer prepares all the necessary papers. In their absence, the employee, of course, will be able to go to court and prove his claims. However, it should be borne in mind that not all documents, in the opinion of the judicial authorities, will clearly indicate overtime workload. They will not confirm processing:

documents independently prepared by the plaintiff in free form (see the Appeal ruling of the Moscow City Court dated November 22, 2013 in case No. 11-36040/2013);
a time sheet signed by the plaintiff, who has the appropriate authority to do so;
testimony of citizens who are not employees of the defendant (see the decision of the Vologda City Court dated December 26, 2012 in case No. 2-12063/12);
carrying out overtime work by verbal agreement with management;
testimony of employees of the counterparty organization in the absence of confirming data that they performed the work with the knowledge and consent of the employer (see the Appeal ruling of the Moscow City Court dated August 22, 2012 in case No. 1-17928\12).

It is worth noting that in other situations, the testimony of witnesses is accepted together with written evidence (see the decision of the Rakityansky District Court of the Belgorod Region dated May 20, 2013 in case No. 2-91/2013).

To summarize, it should be noted that the main documents for payment of overtime work are an order from the employer, a time sheet with information about overtime entered, and the employee’s consent. And to pay for processing, the same accounting sheet and management order will be important. Additional information about payment for overtime can be obtained from the article “

If an organization involves its employees in performing their duties after the end of a working day or shift, it is necessary to formalize everything correctly and, based on the drawn up documents, calculate and pay compensation. The management of an economic entity needs to remember that, in accordance with the current Labor Code of the Russian Federation, not everyone can be asked to work long-term.

Must be carried out with the knowledge of the company administration. It does not include work with a special regime on an irregular schedule, part-time work, etc.

Performing work duties overtime can occur either with or in certain cases without it (accidents, catastrophes, emergencies, war, etc.).

A positive response is necessary when carrying out urgent repairs of equipment at an enterprise, when a shift employee is late or does not show up for a shift, as well as to complete work begun, if its implementation cannot be postponed due to the threat of loss of property, health and life.

However, the Labor Code of the Russian Federation prohibits certain categories of employees from being required to work overtime. Such citizens are workers in a situation, employees who have not reached the age of 18, citizens accepted under a study contract, as well as other people to whom federal laws provide such guarantees.

In strictly defined cases, it is permissible to invite employees to work overtime with their written consent and compliance with established procedures, which may include a medical examination, written notification that these people know that they can refuse it. These include: workers with young children, single parents, disabled employees, as well as people who care for disabled children or other family members in need.

In any case, overtime activities must be formalized by an order issued by the company management.

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