Company managers sometimes have to involve workers in overtime work. This may be due to a force majeure situation, inventory taking, failure to meet the production plan and other reasons. But some employers may have a question: how to properly document this, since the employee has already worked a shift and has the right to rest?
Overtime work is regulated by the provisions of Art. 99 Labor Code of the Russian Federation. This article states that the employer has the right to involve a hired employee in processing only after receiving his written consent. That is, to do this, the employee must write an application for overtime work, a sample of which we will provide below.
In what situations is it necessary to write a statement and when can you do without it?
To get an answer to this question, we must again turn to Art. 99 Labor Code of the Russian Federation. The employee's written consent will be required in the following cases:
- when there is an urgent need to complete work that has been started, but which was not completed in a timely manner due to an unforeseen delay (if failure to complete the work will lead to the loss of property or create a threat to people’s lives);
- to carry out repairs and restoration of equipment or structures (if a malfunction puts many employees out of work);
- when one of the employees did not come to work and there was a need to replace him (if the work does not allow a break).
Overtime report card and union opinion
The fact that an employee performs overtime is also recorded in the working time sheet. Its form was approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 (an independently developed form can be used). An employer who does not accurately record work time, including overtime, may be subject to administrative liability (see the decision of the Leninsky District Court of Krasnodar dated February 3, 2016 in case No. 12-21/2016).
At the same time, according to the courts, the failure to include information about overtime in the time sheet or the failure to issue an order from the employer will not be evidence of the performance of work within the established regime, but will only confirm the improper performance by the employer of his duties to record working hours (see the Appeal ruling of the Sverdlovsk Regional Court dated November 22, 2016 in case No. 33-20646/2016).
If the company has a trade union, then in order to involve employees in processing, it is necessary to request from this body the corresponding opinion, which must be expressed in the form of a written document, for example minutes of a meeting. Such a document is not required only in the cases provided for in paragraph. 3–5, 7–9 tbsp. 99 of the Labor Code of the Russian Federation (see Appeal ruling of the Tver Regional Court dated June 15, 2017 in case No. 33-2432/2017).
Information about obtaining the union's opinion can be included in the text of the order.
What is a claim for overtime?
An application for overtime work is a document expressing the consent of a specific employee to perform work functions after hours, on weekends or holidays. The application is drawn up in the name of the employer (head of the organization). The document can be written by hand or typed on a computer.
The sequence of actions will be as follows:
- the employer notifies the employee that there is a need to carry out work activities outside the duration of the established work shift or schedule;
- the employee writes an application for overtime, in which he expresses his consent to work outside of normal hours, and submits it to the employer for approval;
- the employer issues an order to involve the employee in overtime activities.
To confirm his consent to off-hour work, the employee does not have to write a separate statement. It is enough to put your signature opposite the line “I agree” in the notice of engagement in overtime work drawn up by the employer.
The employer must understand: if an employee refuses to stay after work or go to work on his day off, he does not have the right to force him to work overtime. It is also unacceptable to apply administrative penalties to an employee just because he decided to refuse to work outside of normal working hours.
SZ in electronic form
It is worth noting that many enterprises have adopted electronic document management. Therefore, the SZ can be issued electronically. In this case, it is sent to the enterprise’s corporate email. The secretary is responsible for further sorting and forwarding of letters to recipients.
This method of transferring SZ saves paper and employee time. In this case, the document is drawn up in the same way as on paper. It is advisable that it bears the electronic signature of the sender. To make sure that the sent document has been read by the manager, when sending, you should request a “mail read receipt” by checking the box on the sending form.
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How to write an application
The application form is not approved at the legislative level, so it is drawn up in any form. The contents of the document are also not regulated by any legal acts. But there are still certain details that the employee must indicate in the application. Such details include:
- name of the legal entity, full name manager;
- FULL NAME. and employee position;
- date and place of involvement in overtime work, its duration;
- Date of preparation;
- employee signature.
Approximate structure of the application:
- "A cap". Here indicate the position of the manager, the name of the organization, position and full name. the employee who made the application.
- Title of the document (“Application”).
- Next, you must indicate that the employee agrees to work overtime. For example: “I, Igor Petrovich Bykov, agree to be involved in overtime work on April 18, 2021 from 18 to 22 hours due to a breakdown of the production line.”
- After the text of the application, the employee puts the date of writing, signature and transcript of the signature.
The employer must put a resolution on the application. The sample application for watch recycling presented below can be used as a basis when writing a similar application.
I couldn’t find it on the site, if there is a link, please share it. So far I have come up with this to the Chief Accountant of LLC From the store manager STATEMENT P I ask you to pay me for overtime for the period from 10/13/2009-07/31/2012, I agree with Articles 4,91,99,152 of the Labor Code of the Russian Federation The number of working hours per week should not exceed more than 40 hours. All hours worked in excess of the norm are considered overtime and are subject to double payment. The duration of overtime work should not exceed 4 hours for each employee for two days in a row and 120 hours per year. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least double. Date signature And the situation is the following - the company was sold and we are moving to a new legal entity. Previously, overtime was paid only upon dismissal and to those who insisted (usually they threatened to contact the labor inspectorate), but now we are fired, and then accepted into a new company And all overtime is burned, we are talking about 70-120 thousand. Tomorrow it will be To resolve this issue at a meeting, a competent statement is needed. I'm waiting for your comments. Thank you
>Application for payment of overtime hours - sample
Grounds for additional payment to an employee
The basis for processing documents for additional payment may be for various reasons, for example:
- The need to increase output and the associated increased volume of work.
- Temporary absence of an employee due to illness or vacation.
- Changing the technology of a production process that requires additional labor costs.
- Expansion of the service sector due to production needs.
According to Art. 60.2 of the Labor Code of the Russian Federation, combination of professions and additional work outside the scope of the employment contract is carried out only with the written consent of the employee.
For example, the basis may be a statement from an employee who agrees to perform additional work. If necessary, the documents must be accompanied by information that the employee has received the necessary safety instructions or completed the necessary training.
When registering, the amount of additional work and the amount of payment must be agreed upon and documented. For example, this may be the quantitative value of additional parts that must be produced per shift according to the order.
In accordance with the standards enshrined in Article 152 of the Labor Code of the Russian Federation, overtime work is subject to compensation in monetary terms or by providing additional rest time.
Accordingly, in order for an employee to receive the right to compensation payments, the involvement in overtime work must not only be documented, but also properly formalized from the beginning.
First of all, a notification document is drawn up, in which the employee puts his signature.
After the notice is signed, an order must be issued. The form of this document is free.
But it must certainly contain the following information:
- Full name of the employee involved in processing.
- Job title.
- Personnel Number.
- Date and time of overtime work.
- Notification details.
- Reasons for engaging in overtime work.
The information contained in the order must clearly correspond to the data entered in the Timesheet.
Based on the norms enshrined in Article 99 of the Labor Code of the Russian Federation, it is possible to attract a worker to work in excess of the established norm at an enterprise only with his written consent to carry out the following types of work:
- urgent replacement of an employee who did not show up for a shift and stopping the production process due to the nature of the work is not possible;
- to carry out repair work as a result of an accident, if stopping the process would threaten the cessation of work for the majority of the enterprise’s employees;
- to complete urgent work that was started during the work shift, but due to technical reasons was not completed, which may cause significant damage to the company.
That is, in essence, an employee can only be involved with his consent to eliminate technological difficulties that have arisen at the enterprise and threaten to suspend the work process or cause damage to the property of the enterprise, which, on the basis of Article 21 of the Labor Code of the Russian Federation, the employee must treat with care.
In a lawsuit related to the recovery of money as payment for overtime work, the employee demanded to recover from the employer the freight forwarder's waybills, since they contained information about the work and tasks that he completed above the norm. The defendant refused to produce these documents. The court, in turn, was unable to attract the employer.
https://www.youtube.com/watch?v=7P7mOPKiKz8
However, in some cases, the worker’s consent to be required to work overtime is not required, especially when it comes to ensuring the normal functioning of the civilian population.
In particular for:
- liquidation of consequences of natural disasters, floods, earthquakes, fires;
- carrying out repair work on lines that provide the necessary living conditions for the population, namely heating, water supply, electricity, gas, communications;
- carrying out work necessary due to the introduction of a state of emergency or martial law, for example, during a mass epidemic or terrorist act.
That is, an employee can be involved without his consent only if the health or life of the population is in real danger and it needs to be urgently eliminated or the consequences that impede the normal functioning of the necessary life support facilities must be eliminated.
Documentation
Of course, involvement in overtime work does not happen just like that, but on the basis of documents, which every HR officer and shift supervisors should know how to draw up.
In accordance with the norms of Article 152 of the Labor Code of the Russian Federation, compensation for overworking working hours is carried out in two ways:
- payment of one and a half times the initial two hours of additional labor and double the subsequent hours;
- providing additional rest time equal to overtime hours.
Also, the provisions of the specified article give the employer the right to increase the amount of compensation based on its own financial capabilities.
Due to the fact that the procedure for paying for work above the norm is stipulated in the Labor Code of the Russian Federation only in general, many do not know how to calculate overtime.
Therefore, it is more advisable to use the recommendations given in Letter of the Ministry of Health No. 16-4/2059436, according to which one should be guided by the calculation procedure specified in Article 153 of the Labor Code of the Russian Federation, namely for calculating additional hours of work on weekends.
Letter of the Ministry of Health of Russia dated July 2, 2014 N 16-4/2059436
The established norm of labor hours is subtracted from the hours actually worked during the accounting period. Then the average payment per hour is calculated, but not the total earnings, but the established salary or tariff rate. Then the hourly earnings are multiplied by 1.5 for the first hours and by 2 for subsequent hours, and the resulting amount is multiplied by the number of hours worked in excess of the norm.
The calculation is as follows: 75 x 1.5 x 2 75 x 2 x 4 = 825 rubles.
Example It is important for all employees to know how to write a memo. A sample of this paper includes nuances that must be present.
Mandatory writing requirements include:
- It is important to designate the addressee. In the upper right corner of the sheet, the full name and position of the person for whom the appeal is being written is written.
- Below is the document name and number.
- Then you need to state the problem or situation that needs to be dealt with.
- Then proposals for resolving the issue are indicated or actions that the author expects are indicated.
- At the end you need to indicate your last name, initials and position.
An example of writing a memo is presented in the article. It can be used for any need to compile this paper. Nuances For any problem, it will be easier to draw up a paper if you know how to write a memo.
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Labor Code of the Russian Federation);
- information on the amount of overtime pay - in accordance with the law or by agreement of the parties, enshrined in an employment or collective agreement, or other document;
- information about the form of compensation: cash remuneration or time off.
Anyone involved in overtime work gets acquainted with the issued order against receipt. After this, he does not have the right to refuse processing without a good reason, and if he refuses, he may be subject to disciplinary punishment (see.
Appeal ruling of the Kemerovo Regional Court dated 06/08/2017 in case No. 33-6293/2017). Sample document: Sample order for payment of overtime hours. Overtime work report card and the opinion of the trade union The fact that the employee overtime is also recorded in the working time report card.
If the company has a trade union, then in order to involve employees in processing, it is necessary to request from this body the corresponding opinion, which must be expressed in the form of a written document, for example minutes of a meeting. Such a document is not required only in the cases provided for in paragraph. 3–5, 7–9 tbsp. 99 of the Labor Code of the Russian Federation (see Appeal ruling of the Tver Regional Court dated June 15, 2017 in case No. 33-2432/2017).
Since the content of this document is not regulated by law, it is assumed that it must contain the clear will of the employee.
- The concept of overtime work means work outside working hours, initiated by the employer (Part 1 of Article 99 of the Labor Code of the Russian Federation).
The standard working time is established in the Labor Code of the Russian Federation. And it cannot exceed 40 hours a week (Part 2 of Article 91 of the Labor Code of the Russian Federation). For certain categories of employees, different standards are provided.
Appeal ruling of the Moscow City Court dated November 22, 2013 in case No. 11-36040/2013);
- a time sheet signed by the plaintiff, who has the appropriate authority to do so;
- testimony of citizens who are not employees of the defendant (see the decision of the Vologda City Court dated December 26, 2012 in case No. 2-12063/12);
- carrying out overtime work by verbal agreement with management;
- testimony of employees of the counterparty organization in the absence of confirming data that they performed the work with the knowledge and consent of the employer (see the Appeal ruling of the Moscow City Court dated August 22, 2012 in case No. 1-1792812).
It is worth noting that in other situations, the testimony of witnesses is accepted along with written evidence (see.
During the work process within the company, department heads may periodically need to adjust the wages of a particular employee (or change the timing of its accrual). In addition, sometimes there are situations when the accounting department mistakenly charged an excessively high fee.
This article is devoted to how to do this correctly. ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call.
What is an overtime claim?
In a general sense, an application for overtime hours, a sample you will find below, means a written document of consent to work overtime. At the same time, in the same form, the employee can indicate a request for payment of earnings for overtime. Why is this document being compiled?
In accordance with the norms of stat. 99 of the Labor Code, an employer can use overtime work of personnel only with his consent (written) in the following situations:
- To complete work already started earlier, which for various reasons (for example, technical) could not be completed within the usual time frame.
- To perform temporary repair work if a malfunction that is not corrected in time will result in the suspension of work for a significant number of personnel.
- To replace a specialist who did not show up, if the activity is of a continuous nature.
In some situations, the employer does not need the specialist’s consent to overtime. Such cases are usually associated with emergencies, force majeure, emergency or martial law. In addition, certain categories of employees are strictly prohibited from being involved in overtime, even with their consent. And other individuals (women with children under 3 years old, disabled people) can only be involved with consent.
Payment for overtime hours on a shift schedule
How to make an application for payment for processing - sample
Therefore, in order to justify the need for staff rework, it would be optimal for the employer to have a statement from the employee. Such a document is always filled out in writing, in any form. The employee personally indicates that he does not object to overtime and indicates a request for payment of the due remuneration.
What information must be included in the application? The full name and position of the employer's manager, full name and position of the specialist must be provided. Further, the citizen explains that he does not object to being involved in overtime work and indicates the exact time of overtime. Additionally, you should include a reason to justify the overtime. If an employee has the right to refuse overtime, it is necessary to add a proposal to inform the employer.
Application for overtime work - sample
to CEO
Digital Systems LLC
Smirnov Anatoly Nikolaevich
from a retail store salesperson
Chernova Elena Alexandrovna
Statement
I, Elena Aleksandrovna Chernova, agree to go to work overtime for 4 hours on June 14, 2021 from 17.00 to 21.00 due to the need to replace the employee Semenov Andrey Sergeevich who did not show up.
I have been informed by the employer of the right to refuse to engage in overtime work on the basis of stat. 99 of the Labor Code of the Russian Federation, since I am raising a child aged 2 years.
I ask you to pay for overtime hours in the amount established by the Regulations on the remuneration of Digital Systems LLC.
06/14/2018 ______________ /Chernova E.A./
If you find an error, please select a piece of text and press Ctrl+Enter.
How to apply (sample according to GOST)
Companies have the opportunity to enter and use many different templates for written communication about any incidents or issues of an organizational and financial nature that require the intervention of senior management. Although the unified form of the memo is not established by law, it must comply with the requirements of GOST 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for drawing up documents.” That is, it must contain the following details:
- name of the organization or structural unit, indication of the person to whom the appeal is sent;
- document's name;
- text - what needs to be communicated to management;
- date, signature and necessarily the position of the author.
The mandatory requirements have been determined, now let’s look at an example of a service letter and options for writing it.
Example 1
This type of arrangement of details in a document is called angular. But they can be placed on the sheet in a different way.
Example 2
The picture shows the longitudinal placement of the details. And both options are correct.
Example 3
But even if it is customary for your company to prepare documents in a completely different way, do not worry, this is also correct, since officials did not provide for a mandatory form.
In what cases is it written?
In companies with a small number of employees and established trusting relationships between the boss and his subordinates, the need to write an application for time off disappears. All agreements are made verbally and are not notarized.
However, in large enterprises with a large workforce, it is difficult to keep track of everyone.
If an employee goes to work on his day off according to a standardized schedule and subsequently receives the right to not attend the workplace in proportion to the overtime hours worked, then he must formally submit an application for time off for the time previously worked.
This is worth doing so that this opportunity is not lost after a certain amount of time (the boss may forget about overworking one of his employees due to the large number of subordinates).
The general rule proclaimed in Labor legislation is the prohibition of working on weekends and non-working holidays.
At the moment, a new procedure has been established for attracting workers outside normal hours. In all cases, an employee’s involvement in work on non-legal days can only take place with his written consent.
Examples of situations that allow processing:
- Entering the workplace to complete urgent work;
- Elimination of the consequences of any accidents in the workplace;
- Exit due to replacement of an absent employee;
- Going on a business trip on non-working days or holidays.
You can also request time off:
- on account of vacation - an example of an application;
- at your own expense - a sample application;
- for performing the functions of a donor - .
How to properly file an overtime invoice?
All applications for time off have a standard form (skeleton) and are only slightly adjusted depending on the reason for the time off taken.
- In the upper right corner, the first line is the position of the chief. Below is the company name and full name. leader. All words are indicated in the Dative case.
EXAMPLE:
to CEO
LLC "Dental Clinic "Kedr"
Ivanov Ivan Ivanovich
- Below the information about the manager, the word “from” is written, and the position and full name are indicated. employee in the Genitive case.
EXAMPLE:
From a pediatric therapist
Kozlov Mikhail Mikhailovich
- After all the designations, the word “Statement” is printed below and in the center of the sheet.
- The text of the statement itself is written directly with approximate content:
“Please give me a day off from work on “__” _______ 20___ for the time previously worked. Overtime work occurred on “__” _______ 20___ due to my replacing an absent employee.”
- Date the application was created.
- Applicant's signature.
applications for time off on account of previously worked overtime – word.
Sample writing for working on a weekend or holiday
If it happened that an employee urgently needed to visit his workplace on a weekend or holiday, and subsequently decided to take time off for these hours worked, then he should know about the peculiarities of writing an application.
The “header” - that is, all the contact information in the upper right corner of the sheet - remains the same regardless of any possible nuances.
In the “skeleton” - that is, in the main content of the application, it is necessary to indicate the desired day of absence from work and the reason why the boss should provide this pass.
After writing the application, it is transferred to the company’s accounting department, and then submitted to the head of the enterprise for signature.
The application becomes valid only from the moment the manager’s signature appears on it. The time for submitting it must be calculated so that the general director has time to consider it.
In addition, if it is not possible to provide the employee with time off at the time specified in the application, the manager has the right to offer to transfer it to another date or to compensate for everything in cash.
applications for time off for working on a public holiday - word.
For performing duties while on vacation
An employee can compensate for his time spent in connection with going to work and performing duties on the day of vacation either by extending the current (subsequent) vacation, or by receiving days off, which the employee can manage independently.
Depending on the decision made, different options for events will be determined.
If a subordinate takes time off, the application for him will take a standard form.
When extending leave, it is necessary to make amendments to the timesheet, which can be done in the company’s accounting department or by contacting the general director of the enterprise directly.
For work on a business trip
It happens that urgent business trips fall on the employee’s standard weekend or non-working holidays. It is much easier to get your legal rest under such circumstances than under others, for example, those described above, since going on a business trip is accompanied by an order and the right to time off in case of unforeseen funny situations can be officially proven.
To submit an application, you must attach, together with the sheet itself, a package of administrative documents for going on a business trip on certain days, as well as a standardized work schedule.
applications for time off for work on a business trip – word.
Compilation rules
The main rule that must be followed when compiling it is brevity. The document should clearly state the essence of the problem, as well as ways to solve it. As a rule, the text of the SZ should not take more than 6-7 lines. The SZ does not have a unified form. To compile it, use a free form of a memo sample
Despite this, when writing, you should take into account the requirements of GOST R 6.30-2003. Drawing up a memo in accordance with GOST, a sample of which is shown above, requires the following details:
- the paper must contain a “header”. It indicates to whom it is addressed (position and full name of the employee in the dative case);
- then the name of the document is indicated;
- enter the date of preparation and document number;
- the title to the text indicates the subject of the SZ;
- a description of the current situation due to which the memo is being drawn up: “I bring to your attention...”, then the text of the memo must contain a specific request;
- Below is the position and full name of the compiler, signature with transcript.
The completed document should be registered with the secretary of the enterprise as incoming correspondence. After this, you can be sure that the director will receive the SZ and familiarize himself with it personally.
conclusions
To summarize, we can highlight the main information:
- If certain situations arise that require a particular employee to work overtime, his or her written consent must be obtained.
- An employee who has worked overtime has the right to demand a cash equivalent or an additional day off.
- When writing an application, you must indicate the date, month and year in which the overtime work occurred. It is also worth noting the date of the desired time off. If possible, the application should be supported by administrative documents.
According to the legislation of the Russian Federation, any work must be paid.
What to do if the employer demands to work more? Will additional work hours be paid?
The article discusses the main aspects of receiving payment for overtime work.
Design rules
Writing a header is almost never difficult for anyone. It is necessary to clarify who the document is addressed to: his position and surname, initials (full first and middle names are possible). In addition, we must indicate the originator, and if a group of workers applies, then their positions and full names must be listed. A written appeal is not always addressed to the director; it is also sent to the person whose job responsibilities include consideration of a specific issue.
The first phrase that usually opens a sample memo: I bring to your attention, this is the most common option. This is convenient for the employee because he immediately moves on to the subject of his message, and for the manager it reduces the time spent studying the letter.
You should write briefly, to the point, with the obligatory listing of specific dates, times, circumstances, information: this will help the addressee quickly understand, take note, check and respond to the subordinate’s appeal.
The appeal is completed with a personal signature and the date of preparation. If there are applications, indicate their presence and list them.
What is "overtime"?
Additional working hours according to the Labor Code of the Russian Federation (Article 99) are considered to be the following hours:
- spent on work at the initiative of the employer;
- beyond the working period established by the company.
If the initiative comes from the employee, then these additional hours are not considered overtime.
In accordance with the Labor Code of the Russian Federation (Article 91 and Article 99), the normal working period is considered to be 40 hours per week, and additional hours should not exceed 4 hours in 2 days and 120 hours in 1 year.
It is important to take into account that there are persons for whom working hours are reduced:
- citizens 14-18 years old (24-35 hours);
- disabled people of groups I and II (up to 35 hours);
- people whose working conditions are classified as 3rd or 4th degree of danger (up to 36 hours);
- women working in the Far North;
- medical staff;
- teaching staff.
For the categories listed above, additional paid hours will be considered time exceeding the established limits.
How to calculate payment for processing?
This issue is regulated by Article 152 of the Labor Code of the Russian Federation. And it states that:
- the first two hours after the end of an 8-hour day on a weekday are paid with a coefficient of 1.5, each subsequent hour is calculated at a double rate;
- An 8-hour working day that falls on an employee’s day off is paid at double the rate;
- all overtime on weekends and holidays is paid at a double rate;
- Part-time hours that fall on a weekend are paid at double the rate.
The tariff schedule to which the coefficient is applied is not standardized - it is specified in the employment agreement. Additional payments and coefficients, if specified in the contract, are not taken into account when calculating accruals for additional working hours.
It turns out that if an employee is “pushed” to work on his legal day off, each hour of work will be paid double, regardless of the length of the shift.
As for payment for overtime on weekdays, the situation is as follows. If an employee’s rate is 400 rubles per hour, and he worked 8 hours of the working day + 4 additional hours, he will earn:
- 8 x 400 = 3200 rubles per working day.
- 2 x 400 x 1.5 = 1200 rubles for the first two hours of processing.
- 2 x 400 x 2 = 1600 rubles for the next two hours of processing.
In total, earnings per day will be 6,000 rubles.
It should be noted that the minimum coefficients established by law are indicated above. The employer has the right to offer and stipulate higher values in the employment contract.
Who cannot be involved in additional work?
According to the above, pregnant women and persons under 18 years of age cannot be involved in overtime work.
However, there are exceptions to this rule:
- people of creative professions (Article 268 of the Labor Code of the Russian Federation);
- athletes (Article 348.8 of the Labor Code of the Russian Federation);
- persons working under an apprenticeship contract (Article 203 of the Labor Code of the Russian Federation);
- employees with certain medical conditions.
Admission to overtime work hours can be obtained either with or without the consent of the employee. This will be discussed below.
What documents does the employer require?
In each individual situation, there must be a document that is drawn up to confirm overtime work.
Moreover, there is no single form; it is developed by each organization individually.
The document must include:
- the reason for providing unscheduled work hours;
- date of work and its duration;
- right of refusal;
- agreement to perform overtime tasks;
- payment for additional labor.
Next, 3 possible types of documents will be considered.
Management order
This is an official document drawn up in free form.
It should indicate the following points:
- reason for overtime work;
- date and duration of possible processing;
- list of persons indicating personal data and positions;
- documents confirming employees’ consent to additional hours of work (their details);
- amount of surcharge;
- form of compensation;
- employee signatures.
If an employee who is familiar with this order (and who signed it) does not perform the work, a penalty can be issued against him in the amount established in the Labor Code of the Russian Federation.
Service memo
This document is an alternative to an order, but it is more often used by those departments that keep a log of labor hours.
The memo indicates the same points as in the order.
Notification
A notice is an alternative to a memo. It briefly approves an employee for a certain type of work.
He is obliged to sign and complete the work, after which the number of hours worked is reflected on the notice, and the paper itself is certified by the employer.
Service memo for document disposal
In practice, quite often you may encounter the fact that performers do not quite understand the difference between those internal documents with the help of which interaction is carried out between officials, departments, employees and management. Often, a document that has a specific purpose, structure and content can be given different names: informational, memo or official note, report, certificate, etc.
Each type of document used in internal document flow has its own purpose and can be of an initiative, informational or, for example, reporting nature. Thus, a certificate may contain any operational or statistical data, relevant information of an official or biographical nature.
Regardless of the specifics of the organizational and production activities of the enterprise, the number of its staff, a sample of writing a memo is used to make operational management decisions. It serves as a reminder and informs the official about the need to take any action.
So, for example, the head of a department will need to draw up a sample memo for bonuses to the head of the enterprise so that he will include the most distinguished employees of the department in the general list for receiving a bonus.
A sample memo for employee bonuses is presented below.
In accordance with labor legislation, the fact of non-compliance by an employee with labor discipline and the adoption of a decision on penalties are drawn up on the basis of a sample memo on violations written by the manager of the employee who committed the offence. The procedure for filing a disciplinary sanction is strictly regulated.
Since the memo belongs to the category of business papers and is an internal document, its design must comply with GOST R 6.30-2003, valid until July 1, 2021. A new state standard will come into force in July, but its provisions do not change the registration rules.
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This means that the memo or sample is drawn up on an ordinary standard sheet of A4 size writing paper. In this case, there is no need to use the official form of the organization. Its text can be written by hand or formatted electronically, in compliance with the indentations and margins established by the standard.
The requirements for a sample memo writing sample are also general. It should consist of an address and an information part. If necessary, under the informational part, indicate information about the availability of applications, the number of their copies and the number of sheets in each application.
The sample memo form does not imply any conclusions or initiatives. The text of the informative part should be presented briefly and logically, without emotional overtones. It states only facts and should not make any value judgments. If necessary, it is necessary to indicate the reason and reasons for writing the document, as well as provide links to internal local regulations of the enterprise, federal legislation, and other legal acts.
The memo sample 2021 must not only be correctly drawn up, but also have all the necessary details that guarantee its legal significance. This is a purely internal document, as evidenced by its name. Therefore, the number of required details is limited.
There is no need to approve or agree on the memo in accordance with the sample design. It is necessary to register the document in the office and put a registration number on it and its duplicate, which will remain in the hands of the originator. This is necessary so that the compiler has confirmation of timely notification of the fact or problem to other interested parties in the event of a conflict or labor dispute.
The compiler must clearly remember that this type of document is used only with horizontal interaction between officials. In the case where the addressee of the document is a higher-ranking official, it must be called a “Memo.”
We recommend including the memo sample 2021 in an album with samples of other documents used in the document flow of the enterprise. This will allow performers to have at hand examples of the correct writing and execution of all standard business papers: letters, reports and memos, reports, acts, etc.
Often, when solving work issues, there is a need to convey important information to the manager. Sometimes circumstances require that an explanation of the circumstances and a warning against errors be presented in writing.
In this case, it is necessary not only to correctly present the facts, but also to correctly draw up the document. Drawing up SZ often causes difficulties, especially in the absence of experience. But this is not difficult to do if you have an example of a memo before your eyes. That is why we have prepared samples, after reviewing which you will be able to correctly draw up the document. Let's look at the most common cases that require drawing up an SZ.
Rules for drafting Such a document must be drawn up according to the general rules prescribed above and must contain:
- Addressee's name.
- First name, last name, patronymic and position of the person who compiled the paper.
- Request for write-off of certain materials.
- A table in which it is necessary to indicate the number, name of the objects being written off, their quantity, total book value, assigned inventory number.
- Next, the reasons for carrying out such a procedure are listed, for example, breakdown or malfunction of equipment.
- The last step is to put the date of compilation and the signature of the compiler.
If a note to write off materials is drawn up in violation, then most likely it will not be accepted for consideration.
Review After writing a document, it is registered by a responsible person. Then it is submitted for review and then sent to the recipient. The latter must put a resolution, for example, “Completed” or “Rejected”. There are no clear legal requirements for writing memos, but it is still necessary to include all points.
Let's look at how to write a memo (sample) using a simple example. The text of the memo may be identical to that below. Example of an official memo to the Director of Gvozdika LLC, Vladimir Aleksandrovich Slobodin G. Khabarovsk January 04, 2021 OFFICIAL NOTE In the confectionery shop, the conveyor has been broken since January 02, 2021.
To repair it, it is necessary to purchase parts according to the attached list. The total cost of repair work, taking into account the purchase of parts, is 12,500 (twelve thousand five hundred rubles 00 kopecks). Due to the fact that the fund limit for repair and maintenance of equipment has been exhausted, and the necessary parts are not available, in order to avoid shop downtime, I ask:
- Allocate the required amount of money according to the attached list.
- Provide a repair team to carry out the work.
Sincerely, head of the confectionery shop, Dmitrienko Denis Sergeevich.
If a memo is written by an ordinary employee, then it is advisable to have it certified by the head of the department, who thus indicates that he is familiar with the problem and agrees with the proposed options for eliminating it. After writing, the memo must be registered in the internal documents log so that its traces are not lost in the document flow.
- In the upper right corner of the document, you should first indicate the addressee: to whom it is sent (position, full name of the company, last name, first name, patronymic of the employee).
How to prepare a statement from an employee?
As a rule, when a case is considered in court, many workers cannot receive compensation due to the lack of official documents.
Therefore, the handwritten submission of an application confirming the employee’s consent to additional work is the main guarantee in resolving any legal claim.
Depending on the internal rules of the organization, the employee can write this statement by hand in any form or fill out a special form.
In this case, be sure to indicate the following information:
- Full name and position;
- reason, start date and duration of work;
- confirmation of consent to additional work;
- date and signature.
Such statements are kept by employees of the company's HR department.
Documents for download (free)
- Sample application for payment of overtime hours
For what purpose is it compiled?
The responsibility or initiative to draw up a memo for additional payment belongs to any employee or manager responsible for resolving these issues. This depends on the adopted regulations, internal Regulations or Enterprise Standards.
The manager’s decision will be addressed to the appropriate service of the enterprise depending on his decision, for example:
- To the Personnel Department and the Remuneration Department in case of a positive decision. These services will prepare an order and issue an additional payment upon completion of the replacement period.
- Return to the department that issued the Service Note in case of refusal or other decision.
- Delegate this issue to another employee, for example, a deputy.
It must contain a request for write-off. The basis for this must also be indicated and a complete list of material assets must be attached. SZ consists of the following columns:
- name of goods and materials,
- quantity,
- book value,
- inventory number.
Once completed, the document is submitted to the manager for signature.
After its consideration, if a decision is made about the need for an inspection, the director issues and signs an order to conduct an inventory in the INV-22 form. It approves the composition of the commission, the timing of the inventory and indicates the property that should be checked.
Sample memos Let's look at several examples of the design of the SZ.
What are the risks?
In order to avoid wasting unnecessary funds, money and nerves, every citizen should remember that in a rule-of-law state it is important to have officially certified documents.
In their absence, it is difficult to prove anything in court. It is for this reason that many workers are left without overtime compensation.
And most importantly: each employee must have with him a copy of the application confirming his agreement with overtime work, and one of the documents (order, memo or notice).
If the rights of certain categories of citizens (people under 18 years of age and pregnant women) are violated, the victims should file a corresponding claim in court.
The methods of payment for overtime work in various organizations are described in the video.
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Usually it has 2 parts. In the first, management is notified of a fact or event, and in the second, requests and suggestions are indicated. An application must be submitted if:
- There are violations that led to some unexpected actions.
- The intervention of the manager is required, for example, there is a lack of material and technical resources to complete the project.
- An employee’s failure to show up for work or his arrival under the influence of drugs (toxic, alcohol).
- There is a proposal to reward employees for their performance.
- The need to send a person on a business trip.
- Calling an employee from vacation or day off.
- Any situation where managerial intervention is required.
The sample memo for an employee is the same as in other cases. It is important to write down all the nuances relating to the case.
Statement of claim for recovery of arrears of wages for overtime work
IN
Plaintiff:
Respondent:
In accordance with the order of the head of N, I was hired for the position. According to the terms of the employment contract N, I have a daily working week, start time, end time, with a salary of rubles. per month. From to in accordance with Art. 99 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), I was repeatedly involved in overtime work. This fact can be confirmed. However, in violation of current legislation and despite my repeated requests, the employer has not yet paid me wages for overtime work. By virtue of Art. 152 of the Labor Code of the Russian Federation, overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least double the rate. Also according to Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the current amount at that time refinancing rates of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. In accordance with the calculation attached to the statement of claim, the current arrears of wages for overtime work are rubles, interest (monetary compensation) according to the currently valid refinancing rate is rubles. Also, the Plenum of the Supreme Court in paragraph 63 of Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” explains that since the Labor Code of the Russian Federation does not contain any restrictions for compensation for moral damage in other cases violation of the labor rights of employees, the court, by virtue of Article 21 (paragraph fourteen of part one) and 237 of the Code, has the right to satisfy the employee’s demand for compensation for moral damage caused to him by any unlawful actions or inaction of the employer, including in case of violation of his property rights (for example, when delay in payment of wages). Taking into account the nature of the moral suffering caused to me by my employer, expressed in non-payment of funds that I was going to spend, I consider it possible to recover rubles from the defendant. for compensation for moral damage. Based on the above, guided by Articles 99, 152, 236, 237 of the Labor Code of the Russian Federation, I ask: 1. To collect from the benefit arrears of wages in the amount of rubles. behind . 2. To recover interest for the delay in payment of wages in the amount of rubles. 3. To recover compensation for moral damages for the delay in payment of wages in the amount of rubles.
Appendix: 1. Calculation of wage arrears and interest for delayed payment of wages. 2. A copy of the employment contract. 3. A copy of the work book. 4. . 5. Power of attorney or other documents confirming authority to sign the statement of claim.
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Overtime: concept, types of compensation
Art.
99 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (hereinafter referred to as the Labor Code of the Russian Federation) gives the concept of overtime work. This is the work to which the employer engages the employee after the end of his daily work shift or, if cumulative accounting of working hours is used, in excess of the allotted number of hours for the accounting period. IMPORTANT! In order for overtime to be considered overtime, the employer's initiative is required. An employee who performs overtime without the knowledge of the employer and on his own initiative cannot claim compensation for work beyond the established time (see the decision of the Pugachevsky District Court of the Saratov Region dated November 30, 2016 in case No. 2-934(1) 2016, letter from Rostrud dated 02.12.2009 No. 3567-6-1).
Overtime pay is a state-guaranteed right of every employee working in conditions that differ from normal ones. This compensation, as Art. 152 of the Labor Code of the Russian Federation, may consist of:
- monetary remuneration: for the first 2 hours of overtime, the employee receives one and a half times the payment, and for subsequent hours - double;
- providing time off, the duration of which must be equal to or greater than the number of overtime hours.