According to article 97 of the Labor Code of Russia, overtime work is considered to be the one that the employer ordered to perform using additional time, and not the one that the employee did not manage to do in time. Overtime work, like work with irregular schedules, requires accounting and additional payment on the basis of Article 99 of the Labor Code of the Russian Federation.
Instructions
Step 1
Get the employee's consent to work overtime. To do this, fill out a notification on which the employee must write "I have read, agree" and sign. In this document, ask the employee to choose the type of compensation - money or additional rest days (Article 152 of the Labor Code of the Russian Federation). Written consent can be dispensed with if the reason for overtime work was extraordinary circumstances - work to avoid a disaster, industrial accident or to prevent an accident.
Step 2
Issue an order for the agreed workers. The order can be in free form, but it must necessarily contain the name of the employee, position, date and time of the beginning and end of work. Indicate the number of the notification that the employee signed. State in the order the reason for the need for overtime work. In article 99 of the Labor Code of the Russian Federation, only some of the reasons are indicated: failure to complete work on time through no fault of the employee; temporary work to avoid stopping the work of a large number of people; to continue work in the absence of a shift, if the work does not allow for a break. All other reasons are referred to by the specified article of the Labor Code of the Russian Federation and they require agreement in the trade union (if any). Show the order to the employee so that he gets acquainted with it and signs it.
Step 3
By law, any employee has the right to refuse overtime work, without any consequences for him.
Step 4
Record the time worked by the employee overtime in a specially designed time sheet, which takes into account the working time of employees (forms No. T-12 or T-13, approved by the decree of the State Statistics Committee of Russia dated 05.01.04 No. 1). Check that the data sheet matches the order data, and they, in turn, do not disagree with the information in the employee's notification.
Step 5
Do not forget that the Labor Code, Article 99 states that an employee has the right to work no more than four hours of overtime for two consecutive days and a maximum of 120 hours per year.
