Overtime work is considered to be overworking in excess of the established working time on a daily basis or during the accounting period in general terms at the initiative of the employer and is regulated by Articles 99 and 152 of the Labor Code of the Russian Federation. For employees with whom an employment contract with irregular working hours has been concluded, work in excess of the normal working hours or the accounting period regulated by Article 91 of the Labor Code of the Russian Federation is not considered overtime and is not paid double. There is a certain procedure for registering overtime work in accordance with the requirements of labor legislation.
Necessary
- - notification;
- - written agreement;
- - order.
Instructions
Step 1
According to labor law, the employer must obtain written consent from all employees who will work overtime. Consent is not required only if there is a natural disaster, accident, man-made disaster or situations that threaten the life and health of people. But pregnant women, underage employees cannot be involved in work in emergency situations, even with their written consent.
Step 2
Disabled workers, women with children under three, single parents, guardians raising children under 14, employees caring for seriously ill relatives can be involved in emergency and emergency situations. But only with written consent and a certificate that overtime work will not harm their health or the health of seriously ill relatives who are being cared for.
Step 3
Also, the Labor Code provides for a list of jobs for which the employer can involve employees in overtime work with their written consent. This is the need to complete the work begun or to complete it if there was a delay due to technical reasons or other unforeseen situations and its failure to complete it on time bears significant losses, including to third parties, a threat to the health and life of people. During temporary work on the repair or restoration of equipment, if non-fulfillment threatens to stop production. With continuous production, which cannot be stopped, and there is no one to continue the work
Step 4
Under any circumstances, employees can be involved in overtime work for no more than 4 hours in two days in a row and for no more than 120 hours during the year (Article 56 of the Labor Code).
Step 5
After a written notification of employees about overtime work and obtaining a written consent, the employer is obliged to issue an order for each employee separately or for all employees indicating the full name, structural unit, position, overtime work time, grounds for such work and the form of payment. There is no unified order form for this type of work, so it is issued in any form.
Step 6
Payment for work in excess of the norm, and the norm is established by article 91 of the Labor Code of the Russian Federation, is made for the first 2 hours of work - in one and a half amount, for subsequent hours of processing - in double the amount (article 152 of the Labor Code of the Russian Federation). If more favorable conditions are not specified in the internal legal acts of the company. At the request of the employee, he can be given an additional day off instead of double payment for overtime work.
