Can I be forced to work overtime. Is it legal to work weekends? Causes of violations of labor rights

According to labor legislation, employees can be recruited on weekends and non-working (holiday) days only if the employer has their written consent. At the same time, this is possible only in the event of any unforeseen circumstances or work that could not be foreseen in advance, and the normal functioning of the company or its branches depends on the urgency of their implementation. Such amendments were adopted in 2006. Their introduction is due to the fact that earlier employers often abused their right to engage on weekends and set unrealistic deadlines for work or inflated planned targets, which forced many to go to work on weekends.

On weekends, it is possible to perform work that could not be suspended for production reasons, otherwise it will entail any negative consequences. Among them, one can single out, for example, the need to serve the population, as well as to carry out repair or loading operations.

An employee always has the right to refuse to go to work on a weekend, this cannot be a disciplinary offense.

It should be noted that the consent of the employee to work on weekends is not always required. Article 143 of the Labor Code of the Russian Federation provides for a number of cases that are exceptional:

Prevention of catastrophes, accidents (fires, natural disasters, epidemics) and the implementation of work to immediately eliminate their consequences;

Accident prevention;

Elimination of the causes of violations of water supply, lighting, gas supply, transport, heating, sewerage, communications;

The provision of emergency medical care by medical personnel.

In such situations, the employee is obliged to work.

Features of working on weekends

It cannot be said that working on weekends is an unambiguously negative phenomenon for an employee. After all, according to the law, such work is paid at least double the amount. Or the employee can then take a day off on any day off. In the latter case, weekend work is paid at a double rate, and time off is not paid. The employee can determine the compensation option for himself. An employer has no right to force an employee to take a day off, and not exercise his right to monetary compensation.

Even if you had to work only an hour or two on a day off, the employee is still given a whole day off, and financial compensation only for hours worked.

During the year, the employer can attract an employee for no more than 12 days off. With the exception of special cases provided for in Article 143 of the Labor Code of the Russian Federation. And if attraction on a day off is rather not an exception, but a rule in the company and it is systematic, then the employer is obliged to conclude an additional. agreement to the employment contract and pay the employee for part-time work. Otherwise, the employer violates labor laws.

In case of violation of the conditions for engaging in work on weekends, an employee can at any time apply for protection of his rights in labor inspection or the prosecutor's office.

5/5 (2)

Can an employer charge for overtime work?

Articles 97, 99, 101 of the Labor Code of the Russian Federation allow the employer to involve employees in the performance official duties during rest and holidays. It is important that this is possible only with the consent of the employee, expressed in writing, and familiarizing him with the order.

There are exceptional situations where the consent of the subordinate is not required.

The employer is obliged to record overtime work in the time sheet and pay for it in accordance with labor legislation.

What an employee needs to know

The employee has the full right to refuse to perform overtime work, and this is not a reason for imposing disciplinary sanctions.

Punishment is possible only in the following cases:

subordinate refused to work non-working hours in the presence of emergency circumstances specified in the law;
there is a written consent of the employee to work on a weekend or holiday, but without good reason didn't show up for workplace and failed to fulfill his obligations.

Remember! Involvement of employees to work overtime should be caused by special, emergency circumstances.

Despite this, the law strictly limits its duration:

processing cannot last more than four hours on two consecutive days;
processing should not be more than one hundred and twenty hours in one year.

Rationing of working hours, accounting for hours of work according to the norm and beyond it are the tasks of a specialist in labor rationing at the enterprise.

Causes of violations of labor rights

Often the main reason for the violation of the rights of workers is their tacit consent to unpaid overtime work.

During a difficult economic situation in the country, employees are afraid of losing permanent place work, so they are ready to yield in many respects to the boss who uses it.

But you should not constantly sacrifice your interests, any work should be expressed in terms of money, workers should value their work and demand payment for it in accordance with the law.

Article 99 of the Labor Code of the Russian Federation states that the consent of an employee to overtime work is made in writing and is necessary in situations where:

unfinished work entails damage to the company's property or a threat to the life and health of people. An important point - the work was not completed on time for technical reasons;
need urgent restoration or repair work. Otherwise, there will be a threat to stop activities for most of the company's employees;
in conditions of continuous production, the shifter did not show up for work.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

When is employee consent not required?

Article 99 of the Labor Code of the Russian Federation contains a list of situations in which the consent of employees for overtime work is not required:

it is necessary to prevent an accident, a catastrophe, to eliminate their consequences;
it is necessary to perform work dictated by the introduction of martial law, a state of emergency on the territory of the state or a limited area;
there is a need for urgent professional action in emergency situations or natural disasters (for example, fire fighting, evacuation of flood zones);
it is necessary to eliminate the accident at a socially significant facility - a communication line, a water canal.

To whom processing is prohibited

The law establishes a list of persons who, under no circumstances, can be forced to work above the norm.

Even in emergencies, where it is permitted to require employees to work overtime without their consent, these categories should not be involved:

pregnant women;
persons employed under a student agreement (Article 203 of the Labor Code of the Russian Federation);
persons under the age of eighteen. The exception is representatives of creative professions (Article 268 of the Labor Code of the Russian Federation);
persons who are prohibited from working overtime for medical reasons.

Despite the physiological characteristics, persons with disabilities can be involved in overtime work if there are no direct contraindications to this.

The only feature of interaction with this group of workers is that, in addition to written consent, they must confirm that they are aware of the possibility of refusing to work above the norm. The same requirement applies to women with children under three years of age (Article 99 of the Labor Code of the Russian Federation).

Watch the video. How overtime is paid:

Overtime work process

In order not to have problems with the authorities, you need to competently organize overtime work for employees.

Please note! To do this, you need to act in a certain way:

first you need to determine the list of employees who need to be involved in the work in terms of the needs of the enterprise. Then exclude from this list those who cannot be involved in work during the holidays in accordance with labor laws, for example, pregnant women, minors. It is also important to keep in mind workers who need to take written confirmation that they are aware of the right to refuse to perform additional work;
then you need to notify employees in writing that the management of the organization plans to involve them in work after hours. The personal notice must indicate the reasons for the additional work, the date and time, the amount and form of payment. The right to refuse to perform overtime work should be sounded. In response to the notification, each employee writes consent or refuses to work. Refusal is the right of the employee, it should not lead to the imposition of penalties and prejudice against the employee in the future;
the next stage is obtaining the consent of the primary body of the trade union organization, if there is one in the organization;
if the subordinate agrees with the working conditions, the chairman of the trade union does not see violations of the law, the employer issues an order to involve him in work on a weekend, holiday or in his free time. The form of the order is not established, so each organization can formulate it independently;
one of the most important aspects- salary. The form and amount of compensation for overtime work are discussed individually with each employee and are prescribed in the order.

precedents judicial practice testify that an employer who does not want problems with state authorities must strictly comply with this algorithm of actions.

And if the law is still violated: the order was not issued, but the workers continued to work after the end of the shift on the verbal order of the manager, then payment should be made as for overtime work.

Can an employee refuse

If the employee decides to refuse additional work, he must notify the employer in writing.

When issuing a draft order for engaging in overtime work, the employer first of all provides it for study by the employee. With his consent, he sends for approval to the trade union. If both instances give the go-ahead, the employer issues new order and gives it to the employee for signature.

To refuse processing, an employee must prepare a number of documents:

time sheet to prove that the employee is fully complying with the plan;
an employment contract that specifies the conditions and schedule of work and rest;
work schedule for the current period (month, week);
internal rules work schedule, where work schedules for different categories of employees of the enterprise are also prescribed.

Then you need to refuse additional work in writing, backing up your position with the collected documentation.

Important! If the management presses, you can involve the trade union, it will always stand on the side of the employee in such a situation.

Where to go in case of violation of labor law

Structure of Russian government agencies The authorities provide the deceived employee with several options for applying in order to restore their rights: the State Labor Inspectorate, the prosecutor's office, the court. But one written appeal will not be enough.

We need to collect hard evidence that he was really involved in overtime work and was not paid for it. Direct evidence can be a time sheet in which processing is recorded.

ATTENTION! View the completed sample complaint to the labor inspectorate:

But dishonest employer also knows about this possibility, so it does not display additional work in the time sheets.

Therefore, it is almost impossible to find any confirmation from the employer.

If you still managed to get evidence of overtime unpaid work, then you can safely take them to court. It must be remembered that the limitation period for an employee whose rights are infringed is three months from the day he learned about the violation (Article 397 of the Labor Code of the Russian Federation).

Practice shows that it is very difficult for employees to prove their processing, so you need to immediately follow the legal execution of this procedure.

And if the employer evades formalities, it is better to simply refuse additional work, because, most likely, it will not be paid.

If all employees of the enterprise do this, the management will be forced to meet halfway and pay for processing.

ATTENTION! View the completed sample application to the Prosecutor's Office:

I am writing to you on behalf of all nurses in the children's department of the hospital in the city of Pikalevo. We work in shifts, every three days. But on our day off, without asking, they put us on shifts as day nurses. Work from 8.00 to 18.00, but at the same time we are forced to write an application for payment for this work in the amount of 0.5 rates. And if we don’t go out, they threaten to be absenteeism. And at the same time, they do not pay the governor's, but pay only on the basis of salary. Are we being treated right? And are we entitled to any additional payment for harmfulness if our children lie with neurological diseases?

Your employer, most likely the head physician of the department, violates labor laws on several counts at once:
Involving employees in overtime work is possible only with the voluntary written consent of the employee, with the exception of cases of elimination of accidents or disasters, during a state of emergency or martial law - § Art. 99 of the Labor Code of the Russian Federation
But, as far as we can understand, the role of such a written consent is played by your statements, where you also ask for overtime pay in the amount of 0.5 times the rate.

Overtime work is paid for the first two hours in one and a half, in the remaining hours - at least double the amount. At your request, overtime work can be paid in a single amount, but you must be provided with an additional day of rest (day off).
§ Art. 152 of the Labor Code of the Russian Federation
And of course, your reluctance to go to work instead of day nurses cannot be qualified as absenteeism. Since being fired for absenteeism is something
quite different.
§ PP. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation
Working two consecutive shifts is prohibited by law.
§ Art. 120 of the Labor Code of the Russian Federation
And you, judging by the letter, are sometimes forced to go to work on the day shift immediately after the end of your night shift.
So you can safely present your claims to the authorities about the violation labor law across multiple articles.
If the employer does not respond to your written application, contact the labor inspectorate or the prosecutor's office.

But we repeat again: present your claims collectively. So your complaints will sound more powerful, and you certainly will not be dismissed.
And the employer will not settle scores and fire all nurses at once. Not he himself will work instead of you!

As for harmfulness, the presence or absence of it is determined by the results of certification of workplaces. Each employer is required to carry out such certification in accordance with the requirements of the law.
§ Art. 212 of the Labor Code of the Russian Federation
The certification itself is carried out by a certified organization. Based on the results of certification, the actual degree of danger to the health of the employee is determined when performing the relevant work listed in his employment contract or in the job description.

Nikulin Roman (09/12/2013 at 15:24:13)

Good afternoon! Overtime pay is regulated by art. 152 of the Labor Code of the Russian Federation. For the first two hours, not less than one and a half times, for the subsequent hours, not less than twice the size. At the request of the employee, payment for overtime work can be replaced by additional rest. In addition, the legislation provides for the procedure for engaging in overtime work and some restrictions. As I understand it, your leader violates this order. I think it is worth reminding him of Art. 5.25 of the administrative offenses of the Russian Federation and on liability for violation of labor legislation and labor protection. In addition, in accordance with Article 99 of the Labor Code of the Russian Federation, you have the right to refuse to perform overtime work, unless overtime work is related to the prevention of accidents, catastrophes, disasters or the threat of disaster, etc. You can apply for the protection of your rights to the labor inspectorate or to the court. I will be glad to answer additional questions.

[email protected] Sincerely, Roman Nikulin. P.S. I would be grateful for your positive feedback if you liked the answer to question B

Employers seek to force employees to work as much as possible. How does the law protect the rights of workers in such a situation?

Work performed by an employee at the initiative of the employer outside the established working hours - daily work(shifts), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period, is overtime.

IMPORTANT!

Not any work outside the established hours of work is overtime, but only performed ON THE INITIATIVE OF THE EMPLOYER. That's why it's so important to insist on your employer's written orders for you to work overtime and to require you to provide a copy of the order. If it is difficult to obtain a written order from the employer, and you cannot or do not want to refuse overtime work, you need to try to obtain other evidence that the work is being done by order of the employer (witness testimony, voice recording).

Why is it so important? Since work in excess of the working hours established for the employee, which is performed at the initiative of the employee, IS NOT CONSIDERED overtime, the employer does not have an obligation to pay for it.

Another point to which you should pay attention is the accounting for overtime work.

The procedure for attracting to overtime work, a sample order

Art. 99 of the Labor Code of the Russian Federation imposes on the employer the obligation to keep accurate records of the duration of overtime work of each employee. However, failure to fulfill this obligation does not entail any negative consequences for the employer, while for the employee, the lack of information about the number of hours worked overtime will have Negative consequences. In order to recover compensation for overtime work in court, the employee must also indicate the amount of time worked overtime. Therefore, if the employer does not keep such records, the employee must also take care of how he will subsequently prove not only the very fact of overtime work, but also their number. It is most often difficult for an employee to prove this circumstance, therefore, if the employer does not have a system for recording overtime work, it is advisable to insist that the exact amount be recorded in the order to involve the employee in overtime work. In the absence of such instructions, it is strongly recommended that overtime work be waived, as additional payment it will be very difficult for her later.

WITHOUT the consent of the employee, he can be involved in overtime work in the following cases:

performance of works necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
public production necessary work to eliminate unforeseen circumstances that violate the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;
the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics), and in other cases that put under threat to the life or normal living conditions of the entire population or part of it.

If an employee refuses to perform overtime work in the cases listed above, then he may be subject to disciplinary liability.

In ALL other cases, the employee has the right to refuse overtime work. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.

Working two shifts in a row is prohibited.

Can the boss force you to work overtime without the consent of the employee

And if the employee has a summarized record of working time, then overtime is considered work in excess of the norm of working hours established for a certain accounting period. The standard is 40 hours working week. There is also a maximum number of hours that an employee can devote to work additionally. The duration of processing should not exceed for each employee 120 hours per year and four hours for two consecutive days. Every hour after the end of the working day must be accounted for and documented as overtime. Involvement in processing: with and without consent Can the boss force you to work overtime? In some cases, yes. First of all, these are cases when the Labor Code of the Russian Federation gives the right to the company's management to involve its employees in processing without their consent. Let's figure out in which cases consent is needed, and when it is not.

What to do if you are forced to work overtime

Meanwhile, according to Article 99 of the Labor Code of the Russian Federation, there are only a few reasons for overtime: the elimination of an accident, urgent repair, replacement of a colleague and finally the end of the work begun. It is this last point that employers refer to.
However, interpreting it to your advantage. Meanwhile, the law clearly states that “an employee can be involved in overtime work only to complete the work that has been started, which could not be completed due to an unforeseen delay for technical reasons of production or if failure to perform this work may lead to damage or destruction of the employer’s property.” The second way to achieve voluntary-compulsory exploitation is to enter into a newfangled contract with an employee for "long working hours."

Most managers sincerely believe that "abnormal" means "with unlimited overtime."

Can an employer force you to work overtime?

Although article 101 of the Labor Code of the Russian Federation gives a clear definition of an irregular working day - “this is a special mode of work, in accordance with which individual employees can, by order of the employer, if necessary, occasionally (highlighted by the author) be involved in the performance of their labor functions outside of normal working hours. As already mentioned, in most commercial companies this is not done occasionally, but constantly.
As compensation for irregular work, the worker must be provided with additional leave. "What vacation? - Denis Komarov, an employee of the credit department of one of the commercial banks, laughs. - Instead of giving an extra day off, it is taken away from us. Sometimes we work on Saturday and Sunday. Meanwhile, the normal duration of working hours under Article 91 of the Labor Code of the Russian Federation cannot exceed 40 hours per week.

The main differences between overtime work and irregular working hours according to the Labor Code of the Russian Federation

Engaging an employer of an employee in overtime work without his consent is allowed in the following cases: in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster; in the performance of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications; in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that put under threat to the life or normal living conditions of the entire population or part of it.

What to do if the boss forces you to recycle?

Attention

This will be considered normal. If on Monday Petrova K.P. they will be asked to work an extra two hours, and on Tuesday three - this will be considered a violation of the law. In addition, when calculated for the year, the total number of overtime hours cannot exceed 120.

If the employee has worked more, it will be considered a violation. Working on weekends or public holidays is prohibited by law.

When attracting employees to work these days, it is necessary to obtain written consent from them. Who can not be involved in work on weekends and holidays? These are pregnant women and employees under 18 years of age.

After obtaining the consent of the employees, the employer issues an order to involve employees in work on weekends and holidays. If an employee wants to take a day off for a day off or a holiday, he writes a statement, and the manager issues an order for payment overtime and rest day.

Can they force me to work overtime?

If the employee did not give written consent to overtime work and went home at the time set according to the work schedule, the manager cannot bring him to disciplinary responsibility, because. this will not be considered a violation of labor laws. Sample order for overtime work Despite the fact that unified form there is no such order, yet it is worth adhering to the generally accepted structure when compiling. What should it contain:

the name of the enterprise where the employee works;
date of compilation and number;
essence: involvement in work beyond the allotted time, indicating specific dates and time periods, as well as the title of the position and full name.

Involvement in overtime work: can an employer force an employee?

In addition, people are well aware that if they manage to sue their bosses, then they will no longer be able to work under them.

In any case - winner or loser - employees will have to quit.

The maximum that can be achieved is compensation for moral damage and a greasy spot on reputation. Justice for the Director Theoretically, as experts say, there are several ways to restore justice.

Reluctant workaholics

But all of them, as RG managed to find out, are ineffective. Well, who, for example, will go to complain about his leadership to the state labor inspectorate? Yes, inspectors regularly check organizations for compliance with the Labor Code.

Reluctant workaholics

Is it possible to involve an employee in overtime work without his consent and notification against signature? It is possible if such a need arises as a result of work to prevent the consequences of man-made disasters, industrial accidents, natural disasters or emergencies (for example, floods, fires). Overtime work also has its own rules: overtime work should not exceed four hours for two consecutive days per employee, or 120 hours per year. Therefore, the organization must provide an hourly record of overtime for each employee. Example 2. Employee Petrov K.P. works 8 hours 5 days a week. There was a need to involve this employee in overtime work. Suppose, on Monday and Tuesday, the employer asked him to work overtime for 2 hours, on other days he worked, as expected, for 8 hours.

Prednalog.ru

However, white-collar and SME workers often work 50-hour weeks. The leaders in terms of the longest working day are companies engaged in small retail trade, consulting, insurance and audit.
—

So far, the decision of the director for the company is a law more important than any all-Russian code.” It so happened in our country that after the mention of Labor Code The “arrogant” worker immediately becomes an undesirable person.

They tell him: “If you don’t like our routine, look for another place to work.”

Legal center "legal protection"

Of these, 3 hours he spends on the road.

For the remaining 9 hours, you need to cook food, help the children do their homework, wash up and, finally, sleep. In the conditions of a metropolis, in order to sleep and gain strength, a city dweller needs 8-9 hours.

Workaholics manage to sleep only 6-7 hours, continues the director of the Institute of Cardiology. - Naturally, the next day to carry out their tasks with high quality job responsibilities he can't. Work "for three" is good until a real emergency occurs at the workplace - due to fatigue, an employee may well harm himself and others.

Tatyana Dmitrieva, academician of the Russian Academy of Medical Sciences, director of the Serbsky State Scientific Center for Social and Forensic Psychiatry: - Rest after a stressful labor day man simply needs. In the spring, due to the lack of vitamins and the restructuring of the body, fatigue is felt most of all.

Category: Legal advice

One of the most common phrases that can be heard from the immediate supervisor at the end of the working day is if you would like to stay for a few more hours. Unfortunately, this is actively becoming fashionable, and few people oppose such arbitrariness, of course, we are talking about unpaid hours of work. It is not worth hiding that private companies often do not pay overtime, state institutions more honest in this regard. Few today can sensibly explain the concept of overtime, how overtime is paid, which leads to the exploitation of free work force. In order for everyone who encounters such a problem to be able to professionally and legally explain their position, in the article below, we will consider step by step all the stages.

without personal consent.

Students and trainees.

The procedure for calculating payments

There is also a second option overtime pay- additional rest time.

Does your employer force you to work overtime? How to be?

The decision on the choice of compensation method is made only by the employee personally. Moreover, the duration of the "vacation" should not be less than the time worked.

Preparing to issue an order

Each overtime work must be based on a written order only. There is such a practice when something urgently needs to be done right now, but there is no time to prepare an order. Therefore, it is customary to do the work first, and prepare the order itself on the next working day. There is no violation of labor laws in this. The main thing is that the personnel department does not forget to prepare, and the management does not forget to sign. Otherwise, you may not be paid.

Violation of the law

How is overtime paid, the lawyer will tell:

Employers seek to force employees to work as much as possible.

Can the boss force you to work overtime without the consent of the employee

How does the law protect the rights of workers in such a situation?

Work performed by an employee at the initiative of the employer outside the established working hours - daily work (shift), and in the case of summarized accounting of working hours - in excess of the normal number of working hours for the accounting period, is overtime.

IMPORTANT!

Another point to which you should pay attention is the accounting for overtime work. Art. 99 of the Labor Code of the Russian Federation imposes on the employer the obligation to keep accurate records of the duration of overtime work of each employee. However, failure to fulfill this obligation does not entail any negative consequences for the employer, while for the employee, the lack of information about the number of hours worked overtime will have negative consequences. In order to recover compensation for overtime work in court, the employee must also indicate the amount of time worked overtime. Therefore, if the employer does not keep such records, the employee must also take care of how he will subsequently prove not only the very fact of overtime work, but also their number. It is most often difficult for an employee to prove this circumstance, therefore, if the employer does not have a system for recording overtime work, it is advisable to insist that the exact amount be recorded in the order to involve the employee in overtime work. In the absence of such instructions, it is strongly recommended to refuse overtime work, as it will be very difficult to collect additional payment for it later.

WITHOUT the consent of the employee, he can be involved in overtime work in the following cases:

performance of works necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
performance of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;
the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics), and in other cases that put under threat to the life or normal living conditions of the entire population or part of it.

If an employee refuses to perform overtime work in the cases listed above, then he may be subject to disciplinary liability.

The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.

Working two shifts in a row is prohibited.

One of the most common phrases that can be heard from the immediate supervisor at the end of the working day is if you would like to stay for a few more hours.

How is overtime paid?

Unfortunately, this is actively becoming fashionable, and few people oppose such arbitrariness, of course, we are talking about unpaid hours of work. It is not worth hiding that private companies often do not pay overtime, state institutions are more honest in this regard. Few today can sensibly explain the concept of overtime, how overtime is paid, which leads to the exploitation of free labor. In order for everyone who encounters such a problem to be able to professionally and legally explain their position, in the article below, we will consider step by step all the stages.

The legislative framework

So, how is overtime paid at the enterprise, regardless of the form of ownership. According to Article 99 of the Labor Code of the Russian Federation, overtime is the work that is performed after the end of the working day. The state protects employees and guarantees them higher pay for every hour. Overtime work will not be considered own initiative worker. Required condition- an initiative from the immediate supervisor, as stated in a letter of recommendation from the Ministry of Labor for 2009 under No. 3567.

Overtime work on an irregular working day is not considered, since such conditions are clearly spelled out in the job description.

How to force an employee to work overtime

With his consent, confirmed in writing.
By agreement, but having previously informed the trade union.
without personal consent.

On the basis of Part 3 of Article 99 of the Labor Code of the Russian Federation, the employer has the right to force the employee to work overtime only in such cases as:

various emergencies or the imposition of martial law;
to eliminate the consequences of accidents, natural disasters, other disasters;
for community purposes such as helping with troubleshooting gas leaks, water supplies, telephone connection, sewer channels, transport system.

Who is strictly forbidden to attract

Women with obvious signs of pregnancy.
Students and trainees.
Employees who have not reached the age of majority.

The involvement of disabled people, mothers with children under the age of three years is possible only with their written consent and if this species work is not harmful to their health.

The duration of overtime work cannot be more than 120 hours in a full calendar year or 4 hours in two weeks. Control over the accuracy of accounting is entrusted to the head of the enterprise or firm.

The procedure for calculating payments

In accordance with the requirements of Article 152 of the Labor Code of the Russian Federation, the first full two hours are paid at one and a half rates, the next - double. On the own initiative of the head of the enterprise, the tariff can be increased, but not reduced in any way.

There is also a second option for overtime pay - additional rest time. The decision on the choice of compensation method is made only by the employee personally. Moreover, the duration of the "vacation" should not be less than the time worked.

Written application for payment

The law does not provide a clear template for applying for overtime pay. As a rule, they write by hand or type on a computer in any form, in compliance with all the rules of design and spelling:

"Hat", in whose address the application is written.
Full name of the head or director.
The nature of the work that was done, by whom, when, and for how long.
Be sure to indicate that the employee voluntarily or forcibly performed the task assigned to him.
Application for payment of overtime, in accordance with Article 152 of the Labor Code of the Russian Federation.

Preparing to issue an order

Each overtime work must be based on a written order only.

There is such a practice when something urgently needs to be done right now, but there is no time to prepare an order. Therefore, it is customary to do the work first, and prepare the order itself on the next working day. There is no violation of labor laws in this. The main thing is that the personnel department does not forget to prepare, and the management does not forget to sign. Otherwise, you may not be paid.

Violation of the law

In cases of systematic disregard by the head of the conditions labor agreement, you can file a written complaint with the labor inspectorate, which operates at the enterprise or according to the territorial location of the place of work. It will be necessary to correctly describe the situation from a legal point of view and send a letter for consideration. As a rule, cases of consideration of complaints by inspections are frequent, but not massive. The manager, having learned about such measures on the part of the employee, tries in every possible way to correct the situation in a positive way.

How is overtime paid?

And if the employee has a summarized accounting of working time, then processing is considered work in excess of the norm of working hours established for a certain accounting period. A 40-hour work week is considered the norm. There is also a maximum number of hours that an employee can devote to work additionally. The duration of processing should not exceed for each employee 120 hours per year and four hours for two consecutive days. Every hour after the end of the working day must be accounted for and documented as overtime. Involvement in processing: with and without consent Can the boss force you to work overtime? In some cases, yes. First of all, these are cases when the Labor Code of the Russian Federation gives the right to the company's management to involve its employees in processing without their consent. Let's figure out in which cases consent is needed, and when it is not.

What to do if you are forced to work overtime

Meanwhile, according to the 99th article of the Labor Code of the Russian Federation, there are only a few reasons for overtime: the elimination of an accident, urgent repairs, replacement of a colleague, and finally the end of the work begun. It is this last point that employers refer to.
However, interpreting it to your advantage. Meanwhile, the law clearly states that “an employee can be involved in overtime work only to complete the work that has been started, which could not be completed due to an unforeseen delay for technical reasons of production or if failure to perform this work may lead to damage or destruction of the employer’s property.” The second way to achieve voluntary-compulsory exploitation is to enter into a newfangled contract with an employee for "long working hours."

Most managers sincerely believe that "abnormal" means "with unlimited overtime."

Can an employer force you to work overtime?

Although article 101 of the Labor Code of the Russian Federation gives a clear definition of an irregular working day - “this is a special mode of work, according to which individual employees can, by order of the employer, if necessary, occasionally (highlighted by the author) be involved in the performance of their labor functions outside the normal working hours” . As already mentioned, in most commercial companies this is not done occasionally, but constantly.
As compensation for irregular work, the worker must be granted additional leave. "What vacation? - Denis Komarov, an employee of the credit department of one of the commercial banks, laughs. - Instead of giving an extra day off, it is taken away from us. Sometimes we work on Saturday and Sunday. Meanwhile, the normal duration of working hours under Article 91 of the Labor Code of the Russian Federation cannot exceed 40 hours per week.

The main differences between overtime work and irregular working hours according to the Labor Code of the Russian Federation

What to do if the boss forces you to recycle?

Attention

If the employee has worked more, it will be considered a violation. Working on weekends or public holidays is prohibited by law.

Important

Can they force me to work overtime?

If the employee did not give written consent to overtime work and went home at the time set according to the work schedule, the manager cannot bring him to disciplinary responsibility, because. this will not be considered a violation of labor laws. Sample order for overtime work Despite the fact that there is no unified form of such an order, it is still worth adhering to the generally accepted structure when drawing up. What should it contain:

the name of the enterprise where the employee works;
date of compilation and number;
essence: involvement in work beyond the allotted time, indicating specific dates and time periods, as well as the title of the position and full name.

Involvement in overtime work: can an employer force an employee?

Info

In addition, people are well aware that if they manage to sue their bosses, then they will no longer be able to work under them. In any case - winner or loser - employees will have to quit.

The maximum that can be achieved is compensation for moral damage and a greasy spot on reputation. Justice for the Director Theoretically, as experts say, there are several ways to restore justice.

Reluctant workaholics

Prednalog.ru

However, white-collar and SME workers often work 50-hour weeks. The leaders in terms of the longest working day are companies engaged in small retail trade, consulting, insurance and audit. Creative workers stay up late in the offices - employees of funds mass media, book publishers and advertising agencies. Laws do not work “If a leader is convinced that employees should work hard for two, it is very difficult to re-educate him only with the help of instructions,” I am convinced Chief Specialist FNPR Vladimir Vlasov.
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So far, the decision of the director for the company is a law more important than any all-Russian code.” It so happened in our country that after the mention of the Labor Code, an “arrogant” employee immediately becomes an undesirable person.

They tell him: “If you don’t like our routine, look for another place to work.”

Legal center "legal protection"

Of these, 3 hours he spends on the road. For the remaining 9 hours, you need to cook food, help the children do their homework, wash up and, finally, sleep. In the conditions of a metropolis, in order to sleep and gain strength, a city dweller needs 8-9 hours.

Workaholics manage to sleep only 6-7 hours, continues the director of the Institute of Cardiology. - Naturally, the next day he will not be able to perform his official duties qualitatively. Work "for three" is good until a real emergency occurs at the workplace - due to fatigue, an employee may well harm himself and others.

Tatyana Dmitrieva, academician of the Russian Academy of Medical Sciences, director of the Serbsky State Scientific Center for Social and Forensic Psychiatry: “A person simply needs a rest after a hard day's work. In the spring, due to the lack of vitamins and the restructuring of the body, fatigue is felt most of all.