Methods for writing a sample order for payment of overtime hours and orders for involvement in additional work

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”

Stages

Let's consider the procedure for engaging in overtime work: what kind of work is classified as overtime and when it is allowed.

There are two main stages in attracting an employee to work overtime.

First stage:

It is important for the employer to remember that he is obliged to notify certain categories of employees by signature of the right to refuse such work. All verbal agreements with employees can lead to disputes. To avoid this, it is necessary to adhere to the position that all employee-employer agreements are documented. Therefore, the employer must:

obtain the employee’s written consent;
make sure there are no medical contraindications;
notify employees under personal signature of the right to refuse to perform overtime work.

The employee notification does not have a special form, but contains information:

Name;
notification number and date of preparation;
Full name and position of the specialist involved;
the reasons why there was a need to be present at work overtime;
the date when you need to work “extra” hours (you can specify a time interval);
conditions - increased wages or compensation in the form of additional rest due to the employee.

The notice is signed by the head of the employing company. An employee can express his will by signing in the “Agree” or “Disagree” field.

A sample written consent to engage in overtime work can be viewed here.

Second phase:

The employer issues an order requiring overtime work and must familiarize the employee with it. The unified form of such an order has not been approved, so the employer draws it up in free form. The order must indicate:

the reason for involving the employee in overtime work;
work start date;
surname, name, patronymic of the employee;
his position and details of the document in which the employee agreed to be involved in such work.

This is also important to know:
Reducing the working week according to the Labor Code: payment features

A sample order for overtime work can be found here.

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If a collective agreement or local regulation establishes the amount of additional payment, then it is possible to indicate this amount in the order. The amount may also be determined by agreement of the parties. The employee must be familiarized with the order and signed.

When inviting employees to work overtime, it is worth remembering that the duration of such work should not exceed four hours for each employee for two consecutive days and 120 hours per year. To do this, the employer is obliged to ensure accurate recording of the duration of overtime work for each employee.

In the working time sheet, overtime work is indicated either by the numbers “04”, and next to it the number of hours worked in excess of the norm is indicated. If standard daily records of hours worked are maintained for employees, on days of overtime work it is recommended to reflect separately standard and excess working hours in two lines. And if summarized accounting of working hours is used, overtime is reflected at the end of the accounting period.

What is overtime work according to the Labor Code of the Russian Federation?

In Art. 91 of the Labor Code of the Russian Federation states that the maximum working week for hired specialists is 40 hours. The company has the right to ask employees to stay late to perform urgent duties. For assistance provided during the completion of the project, employees are entitled to a separate payment or additional time off.

The concept of overtime work is covered in Art. 99 Labor Code of the Russian Federation. This is an activity that meets two criteria:

the specialist is delayed after the end of the shift or works more than is provided for by the standards when recording working hours;
The initiator of processing is the employer's administration, and not the employee himself.

Important! If a hired specialist remains in the organization of his own free will in order to complete the tasks begun, his work does not qualify as overtime. There is no payment for additional hours.

The concept of overtime work does not apply to citizens hired as internal and external part-time workers, on an irregular or flexible schedule.

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Recruitment procedure

The Labor Code states that an employer can compulsorily engage in additional work only in exceptional cases (Part 3 of Article 99):

to prevent accidents;
for socially necessary purposes to eliminate accidents;
during a state of emergency or in wartime.

Before issuing a sample order for overtime work for a group of employees, the organization must obtain the employee’s written consent to perform their duties beyond the norm.

At the same time, categories of persons are listed who not only must provide this document, but also confirm that they are familiar with the right to refuse to leave during their non-working hours: