Almost every employee has experienced overtime work.

This is forced by large reductions or the absence of the employee at the enterprise, for example, for a period of sick leave or vacation.

Does the employer have the right to involve employees in overtime work, what rules of the Labor Code should be taken into account?

What does the concept of "work overtime" mean, what kind of work is considered such from the point of view of the Labor Code of the Russian Federation?

Today, taking into account the labor code of the Russian Federation, overtime is considered to be work performed on the basis of punishment or at the request of the head of the company, in excess of the norm established by law.

That is, an employee not allowed to be at the workplace for more hours than set in one working day.

This does not apply to those who have .

40 hours a week is the norm, which is currently established by Russian labor legislation.

A feature of overtime work is that it goes beyond the scope of the employment contract. Also additional processing of labor time for a certain period is considered.

Overtime vs Overtime - What's the difference?

Overtime and overtime are not the same thing, there is a difference between these definitions. Although these concepts are very similar to each other.

Overtime in simple terms- these are those labor tasks that are performed at the initiative of the employer in excess of the established number of hours per day.

That is, if the enterprise has an 8-hour working day, and the employee, at the initiative of the boss, remains for an additional couple of hours to complete his work, then this is called processing.

Overtime is considered additional time worked on another day., for example, on a calendar day off, a holiday non-working day.

If an employee has an irregular working day, then the concepts of processing and overtime are not applicable. There will be no payment for additional hours worked, as they are included in the concept of "non-standardized".

If the working time is strictly determined by the staffing table, then in case of involvement in overtime work or processing, you can demand compensation from the employer in the form of additional pay or time off.

How to attract at the initiative of the employer - procedure

Engagement to work overtime is possible only at the initiative of the employer. If the employee himself, on his own initiative, delays after the working day, then this is not processing.

An employee may be required to work overtime only if properly documented.

The employer is obliged, according to the labor code, do the following:

• Step 1. Make sure that the employee has no medical contraindications or other restrictions under the Labor Code of the Russian Federation for performing duties overtime.
• Step 2 Prepare a notification for the employee about the need to stay at the workplace.
• Step 3 Get a written employee to do extra work when necessary ().
• Step 4 Checkout and.

How to apply for overtime work.

Who can refuse processing:

• Women who have children under the age of three
• Single mothers or fathers raising their own children under the age of 5,
• Employees who care for a sick family member, who have provided a relevant certificate,
• Employees with children with disabilities
• Guardians of minor children.

Attracting employees to work overtime, according to the labor code, allowed in the following cases:

• If there is a written consent of the employee to perform additional work;
• If there is a need to complete work in progress that may cause damage to property or pose a threat to life and health of people.
• Finish production work if necessary.

Is it allowed to involve an employee without his consent?

There is a possibility that an employer has every right to require its employees to work overtime without their consent.

You do not need to obtain the consent of the employee when performing work that:

• do not allow interruptions in their production;
• necessary to prevent emergency situations, catastrophes, accidents, or to eliminate the consequences;
• necessary to correct unforeseen situations: breakdown of water and gas supply, lighting, heating and other vital works;
• cannot be postponed due to the threat to the life of the population.

In other cases, it is allowed for the employer to involve the employee in overtime work, only strictly with his written consent.

Which employees are banned?

• pregnant women on the basis of a certificate from a gynecologist (all this is strictly prescribed in the labor code, article 99, part 5);
• minors under the age of 18 (exclude here those who perform creative work, for example, media workers, theater work, etc.).

Disabled Restrictions

If we talk about employees with disabilities, they can also be involved in overtime work, but only with a medical certificate in which there are no contraindications.

Before involving a disabled person in processing, he must be informed that he has the right refuse additional work in writing, that is, put your signature that the employee is familiar with such a document.

To attract a disabled person, you must have employee's written consent.

Is it possible to compensate for the extra rest?

Overtime work performed by an employee, compensated in two ways:

• providing additional rest time.

Thus, in the Labor Code of the Russian Federation, Article 152 clearly states that overtime may well be compensated for by an additional day off.

But in this case, the provision of time off must be documented. Be sure to be drawn up by the employer, in which the worker must put his signature.

At the initiative of the worker

In the article, we will consider what is meant by overtime work, what guarantees and compensations are due to employees, how to apply for involvement in it, and, most importantly, how to correctly calculate and pay for such work.

What kind of work is considered overtime?

Overtime work complies with the conditions: (part 1 of article 99 of the Labor Code of the Russian Federation):

• performed at the initiative of the employer;
• it goes beyond the limits of the length of working time established for the employee - daily work (shift).

If an employee is delayed at work on his own initiative, such work is not considered and is not paid as overtime (Letter of Rostrud dated 18.03.2008 No. 658-6-0).

Also, the performance of labor duties within the framework of an irregular working day is not recognized as overtime work.

If the organization has adopted a summarized accounting of working time, then in this case, overtime is considered to be work established in excess of the normal number of working hours for the accounting period. The employer needs to determine the accounting period (month, quarter or other period up to a year) in the internal labor regulations. This is necessary for the correct calculation of hours worked by the employee overtime (Article 104 of the Labor Code of the Russian Federation).

Involvement in overtime work should not be systematic, it can occur sporadically in certain cases (Rostrud letter dated 07.06.2008 No. 1316-6-1).

Length of overtime

The normal working time is 40 hours per week (Article 91 of the Labor Code of the Russian Federation). The duration of overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year (part 6 of article 99 of the Labor Code of the Russian Federation).

Tip one: in reflect the time worked by the employee overtime in the time sheet (for example, in the form N T-12 or N T-13, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1). The obligation of the employer Ensure accurate records of overtime for each worker. Overtime hours in the timesheet, mark the letter code "C" or the number "04", under which the number of hours of processing is indicated.

True, for some categories of workers, a reduced working time is established, which is normal for them (Article 92 of the Labor Code of the Russian Federation). These include, in particular:

• minor workers - from 24 to 35 hours a week, depending on age;
• disabled people of group I or II - no more than 35 hours a week;
• employees whose working conditions at their workplaces, according to the results of a special assessment of working conditions, are classified as harmful working conditions of the 3rd or 4th degree or dangerous working conditions - no more than 36 hours a week;
• women working in the regions of the Far North (Article 320 of the Labor Code of the Russian Federation);
• teachers (Article 333 of the Labor Code of the Russian Federation);
• health workers (Article 350 of the Labor Code of the Russian Federation).

The rules regarding overtime work apply both to employees at the main place of work and to part-time workers.

Example 1 . The accountant has a five-day working week and an eight-hour working day from 9.00 to 18.00 (with a lunch break from 13.00 to 14.00). The manager asked the accountant to stay until 20.00 to prepare a report for him. The time interval from 18.00 to 20.00 in this case is overtime work.

Example 2 The locksmith works 5 days a week - from Monday to Friday from 9.00 to 18.00. To eliminate the accident, he was called to work on Saturday from 10.00 to 20.00. Does this count as overtime work?

No, this is considered work on a day off and is regulated by Art. 153 of the Labor Code of the Russian Federation. Thus, if a locksmith receives a salary and has worked out a monthly norm of working time, then his work on a day off must be paid in the amount of at least double the hourly rate in excess of the salary (part 1 of article 153 of the Labor Code of the Russian Federation). Work performed on non-working holidays is also not considered overtime.

Who should not be required to work overtime

The following employees are prohibited from working overtime:

• pregnant women (part 5 of article 99 of the Labor Code of the Russian Federation);
• persons under the age of 18,

The exception is:

• certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their List was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252;
• athletes, if the collective or labor contract, agreements, local regulations establish cases and procedures for engaging in overtime work (part 3 of article 348.8 of the Labor Code of the Russian Federation);
• employees during the period of validity of the student agreement (part 3 of article 203 of the Labor Code of the Russian Federation);
• other workers (as a rule, restrictions are established for medical contraindications, for example, for persons with an active form of tuberculosis - Decree of the Council of People's Commissars of the USSR of 01/05/1943 N 15; drivers admitted to driving a vehicle as an exception due to a special state of health - Sanitary rules on occupational health of car drivers, approved by the Ministry of Health of the USSR on 05.05.1988 N 4616-88).

In addition, for some categories of employees there is a special procedure for engaging in overtime work. The employer is obliged:

• obtain the written consent of the employee;
• make sure there are no medical contraindications;
• familiarize employees against signature with the right to refuse to perform overtime work.

Such employees include (part 5 of article 99, article 259, article 264 of the Labor Code of the Russian Federation):

• disabled people;
• women with children under the age of three;
• mothers and fathers raising children under the age of five without a spouse;
• workers with disabled children;
• employees caring for sick members of their families in accordance with a medical report;
• guardians (custodians) of minors.

Involvement in overtime work with the consent of the employee and without his consent

By order of the employer, an employee without his consent can be involved in overtime work: (part 3 of article 99 of the Labor Code of the Russian Federation):

• to prevent a catastrophe, industrial accident, eliminate their consequences;
• industrial accident or liquidation of their consequences;
• to eliminate the circumstances due to which the centralized systems of water, heat and gas supply, transport and communications do not function;
• in the event of a state of emergency or martial law and in other emergency cases that threaten the population (fires, floods, etc.).

To bring to work on the specified grounds the consent of the trade union organization, since these circumstances are extraordinary. For refusal to perform such work, an appropriate act is drawn up, and the employee is subject to disciplinary liability.

With the written consent of an employee, an employee can be involved in overtime work in the following cases (part 2 of article 99 of the Labor Code of the Russian Federation):

• if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform this work may lead to damage or destruction of the employer’s property or endanger life and health of people;
• during temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause a stoppage of work for many employees;
• to continue work if the replacement employee does not appear, if the work does not allow a break.

The employer is obliged to familiarize certain categories of employees with the right to refuse such work against signature. In the Ruling of November 14, 2006 in case N 4-B06-31, the Supreme Court of the Russian Federation indicated that Art. 371 of the Labor Code of the Russian Federation provides for the obligation of the employer to make decisions taking into account the opinion of the relevant trade union body, even if he is not a member of the trade union.

Tip two: verbal agreements can lead to unnecessary disputes. To avoid this, take the position that all employee-employer agreements are documented. Issue an order for involvement in overtime work and familiarize the employee with it. A unified form of such an order has not been approved, so the employer has the right to develop it independently. In the order, indicate the reason for involving the employee in overtime work, the date the work began, the last name, first name, patronymic of the employee, his position and the details of the document in which the employee expressed his consent to be involved in such work.

Tip three: if the collective agreement or other local regulatory act establishes the amount of the additional surcharge, then indicate this amount in the order. The amount may also be determined by agreement of the parties. Overtime work can be compensated by an increased wage or additional rest time at the request of the employee (Article 152 of the Labor Code of the Russian Federation). If the employee has decided on the form of compensation, include this item in the order as well. Familiarize yourself with the order of the employee under the signature. By the way, the legislation does not oblige the employer to provide additional rest at a time convenient for the employee. However, the parties can always agree.

Additional rest time

At the request of the employee, payment for involvement in overtime work can be replaced by the provision of additional rest time. How long should this rest be?

Rest time cannot be less in duration than the time worked overtime (152 of the Labor Code of the Russian Federation). Thus, if an employee has worked overtime for four hours, then the additional rest time provided to him as compensation must be at least four hours. Overtime work in this case is paid in a single amount.

Additional rest time is not paid in any way and is provided on the basis of an order (instruction) of the employer, with which the employee must be familiarized against signature. By the way, it may not necessarily be a day or a shift. As practice shows, depending on the volume of processing, it can be an hour or several hours.

If the employee is given a whole day of rest, then in the time sheet it should be reflected in the letter code "NV" or the digital code "28" - as an additional day off without pay (Resolution of the State Statistics Committee of Russia dated 05.01.2004 N 1). But the situation when the provided rest time is measured not in days, but in hours or minutes, is not provided for by the Resolution and there is no corresponding code. You can indicate in the time sheet only the time actually worked per day, or independently develop a designation for such a case and fix it in a local regulatory act.

Key points related to overtime work:

• ask for the written consent of the workers and the opinion of the elected body of the primary trade union organization;
• check whether, according to the medical report, the employees involved are not contraindicated to work overtime;
• compensate for work in excess of normal working hours;
• Reflect in the collective agreement or other local regulation the procedure for involving employees in overtime work, providing additional days of rest and the mechanism for calculating the monetary compensation for overtime (for example, whether increased overtime pay will include bonus payments);
• keep an overtime log and use it to keep track of employees not working more than 120 hours a year.

In case of violation of the procedure for attracting an employee to overtime work, the employer is liable in accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation is a fine from 30,000 to 50,000 rubles, and an official who committed a violation - in the amount of 1,000 to 5,000 rubles. In case of committing a similar violation repeatedly - under Part 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

All - learn how to competently formalize labor relations from hiring to dismissal.

Not all employees can be attracted to additional hours of work. And the category of workers that the legislator allows to work in excess of the norm can be attracted only with their consent. Involvement in overtime work is carried out in the prescribed manner.

Overtime: What is it?

40 hours a week is the norm, which is established by labor legislation (part 2 of article 91 of the Labor Code of the Russian Federation). This length of time is considered the norm for 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.

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

Overtime in the sense of the Labor Code of the Russian Federation is work that is performed at the request of the company's 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 accounting of working hours, then in excess of the norm of working hours established for a certain accounting period.

The duration of work in excess of the norm should not exceed for each worker 120 hours per year and four hours for two consecutive days.

When is employee consent required and when is it not?

Involvement in overtime work
The employee's consent is required.	Engagement in work in excess of the norm without the consent of the employee
— to complete work that was not completed due to an unforeseen delay; Such a delay must be due to the technical conditions of production.In addition, if the consequences of non-completion of work may be damage or destruction of municipal, state or company property (other persons in the organization when the management is responsible for the safety of this property) or a threat to the health or life of people - for the restoration or repair of mechanisms (structures); If the failure of these mechanisms can cause a cessation of work for a large number of employees - to continue the work of a shift who did not show up for work. The conditions for engaging in overtime work in this situation: the work does not allow a break and requires the employer to take immediate measures to replace the shift with another employee - and in other cases, but in addition, the opinion of the elected body of the primary trade union organization must be taken into account.	- to prevent a catastrophe; If the work can prevent a production accident or disaster or to eliminate their consequences and the consequences of a natural disaster- for public works to eliminate unforeseen circumstances; When such circumstances disrupt the normal operation of centralized systems of cold water supply and (or) sewerage, hot water supply, gas supply systems, transport, heat supply, communications, lighting - in a state of emergency or martial law, as well as for urgent work in such circumstances. That is, in the event of a threat of disaster or directly in the event of a disaster (floods, fires, famine, earthquakes, epizootics or epidemics) and in other circumstances that threaten normal living conditions or the life of the population

Only the following may refuse such work:

• workers who are parents of children with disabilities;
• disabled people;
• a parent raising one (without a spouse) a child not older than five years;
• women with children under three years of age;
• workers caring for sick family members (if there is a medical certificate);
• guardians (custodians) of minors.

To whom is overtime contraindicated?

You can not work above the norm:

• pregnant employees;
• employees under 18 (except for some creative workers and athletes);
• employees during the term of the apprenticeship contract;
• other employees when this is not allowed by law (for example, for medical contraindications).

Procedure for engaging in overtime work

The first thing the employer needs to do is to get the employee's consent to work in excess of the norm. It is compiled in free form.

• the reason for the attraction;
• start date,
• position, full name of the employee;
• employee consent information.

In the same order, you can specify the payment for such work. For example, if the amount of extra pay for overtime work is established by local regulations. In addition, the parties may determine the payment by agreement of the parties. An employee may choose to provide him with additional rest time instead of a surcharge.

The employee must be familiarized with the order under the signature.

In some cases, the employer cannot do without involving his employees in work beyond the length of the working day. Involving an employee in overtime work is allowed only if such an employee does not belong to the category of citizens who cannot be involved in such work.

Working hours norm. Exceeding the norm

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 length of working time is considered normal for all employees, regardless of what type of activity the company is engaged in, its legal form, type of employment contracts and other conditions.

Overtime in the sense of the Labor Code of the Russian Federation is work that is performed at the request of the company's management in excess of the established norm. That is, more hours than are set in the working day or shift. And if the employee has a summarized accounting of working hours, then in excess of the norm of working hours established for a certain accounting period.

Which employees are not allowed to work overtime?

Employees are not allowed to work overtime:

• without their consent (when their consent is required);
• having the right to refuse to work above the norm (in emergency circumstances, when the employer has the right to engage in overtime work without consent);
• falling into the category of workers who cannot be involved in work after the end of the working day under any circumstances.

When is it not allowed to engage in overtime work without the consent of the employee?

It is possible to involve in work in excess of the established norm only with the consent of employees under the following circumstances:

• to complete work that was not completed due to an unforeseen delay;

Such a delay must be due to the technical conditions of production.

In addition, if the consequences of non-completion of work may be damage or destruction of municipal, state or company property (other persons in the organization when the management is responsible for the safety of this property) or a threat to the health or life of people

• for the restoration or repair of mechanisms (structures);

If the failure of these mechanisms can cause a cessation of work for a large number of employees

• to continue the work of a shift who did not show up for work.

The conditions for engaging in overtime work in this situation: the work does not allow a break and requires the employer to take immediate measures to replace the shift with another employee

In other cases, in addition to consent, the opinion of the elected body of the primary trade union organization must also be taken into account.

That is, if there is no consent of the employee, it is impossible to involve him in overtime work. There are exceptions to this rule.

When it is possible to involve persons in overtime work without their consent

Engagement by the employer of an employee to work overtime is allowed without the consent of:

• in order to prevent a catastrophe or accident or to eliminate their consequences and the consequences of a natural disaster;
• for public works to eliminate unforeseen circumstances that disrupt the normal operation of centralized systems of cold water supply and (or) sewerage, hot water supply, gas supply systems, transport, heat supply, communications, lighting;
• in a state of emergency or war, as well as for urgent work in such circumstances in the event of a threat of disaster or directly in the event of a disaster (floods, fires, famine, earthquakes, epizootics or epidemics) and in other circumstances that endanger normal living conditions or the life of the population .

Only the following may refuse such work:

• workers who are parents of children with disabilities;
• disabled people;
• a parent raising one (without a spouse) a child not older than five years;
• women with children under three years of age;
• workers caring for sick family members (if there is a medical certificate);
• guardians (custodians) of minors.

Who can not be involved in work beyond the norm

• pregnant women;
• workers under 18 years of age (except for some creative workers and athletes);
• employees during the term of the apprenticeship contract;
• other employees when it is not allowed by law (for example, for medical contraindications).

As can be seen, disability in itself is not a legal basis for the impossibility of involving an employee in overtime work. The main conditions are that such an employee agrees to such work and that there are no medical contraindications. Therefore, it is possible to involve disabled people in overtime work subject to these conditions.

In what cases can an employee be involved in overtime work without his consent?

Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:

1) in the performance of work necessary to prevent cata

stanza, industrial accident or elimination of the consequences of cata

stanza, industrial accident or natural disaster;

2) during 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 systems;

3) 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 endangering the life or normal living conditions of the entire population or part of it.

In other cases, involvement in overtime work is allowed with

written consent of the employee and taking into account the opinion of the elected body

primary trade union organization.

Note: Under no circumstances should you use

to overtime work of pregnant women and workers under the age of

18 years. Federal law may provide for other categories

rii of workers whom the employer does not have the right to involve in super-

lesson work. For example, this applies to workers during the period of the student agreement (Article 203 of the Labor Code of the Russian Federation) or persons with an active form of tuberculosis. In addition, according to the current legislation, it is impossible to involve in overtime work those who are engaged in the production of especially harmful substances, in work with radioactive substances and sources of ionizing radiation, in vibration-hazardous work.

It is allowed to involve disabled people, women in overtime work

women with children under the age of three, but only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, disabled people and women with children under the age of three must be informed in writing of their right to refuse to work overtime.