Order for overtime work: registration procedure, sample

What is considered overtime work?

According to the law, this type of work includes the employee performing duties, in accordance with his job description, after the working day or shift established for him.
Moreover, this work must be carried out with the knowledge of the management of the business entity. If an employee starts work without the consent of management, he may not be paid for overtime work.

She also cannot be considered to perform official duties outside of her working day if her employment contract provides for an irregular day schedule.

Part-time work when an employee performs duties stipulated by several job descriptions does not apply to overtime.

How to draw up an order for overtime work sample

An order to engage in overtime work can be drawn up in any form, since there is no unified form, but the document must contain the main sections:

full name of the company, legal form;
place of document preparation, date of execution;
document's name;
a list of employees who are planned to be involved in overtime work;
date and time of overtime work;
information about increased payment (and the possibility of receiving time off);
signature of the manager or authorized person who compiled the document, transcript of the signature.

Even if the employer is accustomed to submitting orders to employees for signature, even after this it is necessary to obtain their written consent in a separate application.

Follow the link to view ⇒ Sample order for involvement in overtime work.

The difference between overtime hours and irregular hours

If an employee has an irregular schedule under his contract, he will not have overtime hours.

At their core, the working day is not according to the norm and overtime work is the same thing, only they are paid and processed differently.

An irregular day is necessarily stipulated in the employment contract concluded with the employee. For this, the employee is entitled to additional vacations, as well as, in agreement with the company management, a larger salary. This regime can be established only for certain employees, and this must be recorded in the local acts of the enterprise.

Work on an irregular schedule has no regulatory restrictions; the Labor Code of the Russian Federation establishes that it should be irregular in nature and carried out when necessary. There are no more restrictions.

Any company employee can be involved in overtime work, unless he belongs to categories for which this work is prohibited by law. The provision for such hours is not included in employment contracts with the employee; the procedure for their payment is provided for in the regulations on remuneration and bonuses within the company.

The Labor Code of the Russian Federation establishes that overtime work should not exceed certain standards for each employee.

Is it necessary to issue an order for overtime work? sample

When hiring, the employer discusses with the employee the issue of working hours and fixes the norm in the employment agreement. If during the period of work a subordinate is sometimes forced to work more, all hours “above the norm” are taken as overtime work, which is subject to payment at one and a half or double times the rate (or more, if the employer is willing to agree to this).

An employee cannot be involved in overtime work if he does not give his written consent - this must be asked each time the employee is involved in work outside of normal hours.

There is no need to ask about the employee’s desire to work extra hours if we are talking about work aimed at eliminating the consequences of an accident or similar incidents - all such cases are considered by the Labor Code. However, the law also establishes a certain list of employees who are prohibited from being asked to perform overtime work.

No legislative act currently obliges employers to issue a special order requiring an employee to work overtime - employers are required to take into account the time worked in excess of the norm, but they can do this in any way convenient for them. The main thing is to pay for such work in accordance with the law:

at one and a half times the rate (based on the hourly rate or salary) when overworking in the first 2 hours;
double the amount for each hour of overtime work beyond the first 2 hours.

Is the employee's consent required?

The legislation provides for two cases of involving employees in working overtime: with the consent of the employee or without.
There is also a list of citizens who in no case can perform the work function assigned to them outside of school hours. Consent is not required in the following cases:

Accidents, disasters - to prevent them or eliminate their consequences;
Emergency situations or declaration of martial law;
To carry out mandatory public works to establish the functioning of important infrastructures (water supply, electricity supply, transport, communications, etc.).

Company management can also, with written consent, require an employee to work overtime if:

The shift employee did not show up on time to ensure continuity of the technological process;
It is necessary to repair and restore production equipment (temporary) to ensure continued operation;
In order to complete the work begun, which cannot be completed the next day as part of a normal day to ensure the safety of property, health and life of citizens.

The Labor Code of the Russian Federation also establishes a list of workers who cannot be involved in overtime. These include:

Employees expecting children;
Workers who are under 18 years of age;
Employees studying under a contract;
and other citizens provided for by federal laws.

In addition, there are categories of employees who can be employed overtime with written consent and compliance with the conditions of their admission (medical report, notification of the opportunity to refuse, etc.). These include employees with disabilities, employees with young children (under 3 years old), single parents (children under 5 years old), employees with disabled children or other family members who are supervised, etc.

ORDER

"___"__________ ____ city N _____ city _____________

In connection with the production needs of the institution and with the consent of the employee (application No. ___ dated "___"________), guided by clause 1 of Art. 152 Labor Code of the Russian Federation,

I ORDER:

1. Engage “___”_________ ____ to work overtime from ____ hours to ______ hours (no more than 4 hours for two days in a row and 120 hours per year)

Ivanov Ivan Ivanovich, ___________________________________________________________________________

(structural unit) position (specialty, profession), rank, class (category) of qualifications

2. Ivan Ivanovich Ivanov to perform work _______________________________________________ overtime with payment

(specify the nature of the work)

in accordance with current labor legislation.

3. Chief accountant _________________________________________________ when

(FULL NAME.)

when calculating the salary of Ivan Ivanovich Ivanov, be guided by this order.

4.______________________________________________________________ provide accounting

(position, full name)

duration of overtime work of Ivan Ivanovich Ivanov.

5. Familiarize all performers with this order against signature.

Basis: _________________________________________________,

the employee’s consent (application) for overtime work dated “___”__________ ____, clause 1 of Art. 152 Labor Code of the Russian Federation.

Head of the institution: ____________(_______________)

Approximate wording of entries in the order

due to the need to complete (finish) the work begun, which, due to an unforeseen delay due to technical production conditions, could not be completed (finished) within the established working hours, because failure to perform (non-complete) this work may result in damage or destruction of the employer’s property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property (clause 1 of part 2 of Article 99 of the Labor Code of the Russian Federation );
due to the need to complete (finish) the work begun, which, due to an unforeseen delay due to technical production conditions, could not be completed (finished) within the established working hours, because failure to perform (non-complete) this work may create a threat to the life and health of people (clause 1 of part 2 of Article 99 of the Labor Code of the Russian Federation);
for carrying out temporary work on the repair and restoration of mechanisms (structures) (clause 2 of part 2 of Article 99 of the Labor Code of the Russian Federation);
to continue work if the replacement employee fails to appear (clause 3 of part 2 of Article 99 of the Labor Code of the Russian Federation);
to carry out work necessary to prevent a catastrophe, industrial accident (clause 1 of part 3 of article 99 of the Labor Code of the Russian Federation);
to carry out work necessary to eliminate the consequences of a disaster (industrial accident, natural disaster) (clause 1 of part 3 of article 99 of the Labor Code of the Russian Federation);
to carry out work to eliminate malfunctions of the water supply system (gas supply, heating, lighting, sewerage, transport, communications) (clause 2 of part 3 of article 99 of the Labor Code of the Russian Federation);
for carrying out work, the need for which is due to the introduction of a state of emergency (martial) (clause 3 of part 3 of Article 99 of the Labor Code of the Russian Federation);
for carrying out urgent work in conditions of fire (flood, famine, earthquake, epidemic or epizootic, etc.) (clause 3 of part 3 of article 99 of the Labor Code of the Russian Federation).

Download the document “Order on inviting an employee to work overtime”

Procedure for recording overtime working hours

Legislation requires the management of the company to compulsorily record overtime hours for each employee, in order to compare them with current standards and pay. To do this, use a working time sheet, where this information is entered using an alphabetic (C) or numeric (04) code.

Documentation of overtime

Step 1. Obtaining the employee’s consent to work overtime

In case of production necessity, the company management requests written consent from the employee to increase his work day or shift. It is best to write out these documents in duplicate, so that the employee personally signs either consent or refusal on the employer’s letterhead.

When written consent is not required, the employee is sent a letter requiring him to begin overtime work.

If necessary, in addition to this, some employees are also sent a notice informing them of the right to refuse this work. Also, the personnel service should examine the personal file for a medical report on the possibility of involving a disabled employee in overtime.

Step 2. Drawing up an order from the manager

After complying with the specified formalities, the director of the company issues an order to involve workers in overtime work. It can be drawn up in free form, but must contain a justification for production necessity, a list of workers who are expected to be employed overtime, details of the documents that serve as the basis (official or memos, consent to hire, etc.).

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Overtime pay

The Labor Code of the Russian Federation states that overtime payments must be made at least 1.5 times for the first two hours, and 2 times for all subsequent hours. This means that the Payment Regulations and other regulations of the enterprise itself may provide for other amounts, the main thing is that they are greater than the established minimum.

Attention! In addition, the legislation provides the right to the employee, according to which he can choose either increased pay or regular pay with the provision of additional rest time, but not less than the hours worked. Therefore, when notifying and obtaining consent for overtime work, it is advisable to request the type of compensation from the employee in writing.

It is also necessary to take into account that the enterprise may operate a piecework or salary system of payment. In this case, for the calculation, not the hourly tariff rate is taken, but the piece rate for the products produced, or the corresponding part of the salary (that is, the salary divided by the standard working time, expressed in hours).

Who should not be required to work overtime?

Involvement in overtime work is unacceptable for the following categories of employees (Article 99 of the Labor Code of the Russian Federation):

pregnant women;
minors under 18 years of age;
employed under a student employment contract;
having medical contraindications to overtime work.

Labor legislation also stipulates the following conditions for individual employees:

female workers with children under 3 years of age;
single mothers and fathers with children under 5 years of age;
disabled people and parents of disabled children;
guardians of minor children;
workers caring for disabled or sick relatives, with a medical certificate.

They can be involved in accordance with the regulations, but with a special condition: they additionally sign that they are aware of their right to refuse overtime work, even if they are involved in work for which consent is not required.

Employer's liability

In order to save money, the administration may try to hide overtime hours, as well as involve people in this work who are prohibited by law.

Management often claims that the employee has a special regime with irregular hours, however, they need to take into account that this must be provided for in the employment contract of this employee.

For violation of the procedure for involving an employee in overtime work, the employer is liable in accordance with the Code of Administrative Offenses for non-compliance with labor legislation.

Important! According to the Administrative Code, fines from 30,000 to 50,000 rubles can be imposed on a company, and on its responsible persons - from 1,000 to 5,000 rubles. In case of repeated cases, the amount of sanctions increases significantly, and disqualification of officials of a business entity is also possible for a period of 1 to 3 years.

conclusions

The employer and employee should know that, according to Article 99 of the Labor Code of the Russian Federation, it is allowed to involve performers in overtime work for no more than 4 hours during 2 shifts in a row and overtime should not exceed 120 hours per year.

An order to perform duties outside of regular working hours is issued after receiving written consent from the subordinate.

An interim executive document in respect of which registration is required is a memo issued on behalf of the head of the unit, addressed to the director, supported by a notice signed by the employee.