The employee's consent to work overtime. Form and sample for 2021

Statement of claim for recovery of money for overtime work. To recover money for overtime work, you must submit proof of time worked to the court. I'll tell you my story about how I collected money from a security agency for overtime work. My former employer, like many others, decided to cheat me out of an entire month’s salary. All I had to do was draw up a statement of claim and present as much evidence as I could collect to the court. Everyone knows the fact of double accounting; as a result, I could not prove the real salary due to the fact that in the contract the salary was set as the minimum subsistence level, and the rest was prescribed as bonuses. This scheme is quite common, since tax must be paid not on the entire salary, but only on the minimum wage.

How to collect money for overtime work? I asked myself a question and came to the decision that since I could not prove the real salary that I had agreed upon during employment and subsequently received. Then the statement of claim for the recovery of wages will have to be renamed into a statement of claim for the recovery of money for overtime work and submitted as an amendment to the previously submitted statement. Based on the evidence, I was able to provide a work schedule from which the actual amount of time worked can be calculated. I also mentioned that I am in an area equivalent to the regions of the far north, for which there is no additional payment from the employer. Based on the evidence provided, the judge calculated the amount of time worked and calculated it with the salary that was specified in the contract. It turned out that the amount did not exceed a few hundred rubles of the amount that I initially requested. Now going to court, my statement of claim consists of several pages. The conclusion from this situation can be drawn as follows: it is better to ask for the maximum and for all points of the law that was violated against you, and the judge will evaluate the evidence and arguments presented, listen to witnesses and make a fair decision. Of course, if the decision does not satisfy you, then you can appeal it, but that’s another story, which I’ll tell you about in the next article.

Now you know how to collect money for overtime work and how to correctly write a statement of claim to collect money for overtime work.

Other claims from the collection section...

Employee consent to overtime work: sample

— 08/17/2017, 15:57 Is it necessary to obtain consent for overtime work? Or is it possible to engage in such work without consent? Should consent be written?

We will answer these and other questions, and also provide a sample consent.

An employer (organization or individual entrepreneur) may need to involve employees in overtime work (Article 99 of the Labor Code of the Russian Federation). Let us recall that overtime work is work performed by an employee outside the established working hours on the initiative of the administration.

When recording working hours by the day, overtime is considered to be work that exceeds the daily work (shift) in time. In the case of cumulative accounting of working hours - work in excess of the normal number of working hours for the accounting period (Art.

99 Labor Code of the Russian Federation). It is important to understand that only work initiated by the employer is considered overtime and paid accordingly.

If the overtime was initiated by an employee, then such work is not overtime (for more details, see “”).

In general, the employee must agree to work overtime. Two design options are possible:

the employee expresses his consent by making an appropriate inscription on the order for overtime work;
the employee writes a statement addressed to the head of the organization in any form.

Please note that overtime work without the employee’s consent is possible in the following cases (Part 3 of Article 99 of the Labor Code of the Russian Federation):

carrying out work necessary to prevent a catastrophe, accident or eliminate the consequences of a catastrophe, accident or natural disaster;
carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, heating, sewerage, gas supply, lighting, transport, communications;
carrying out work due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations (fires, floods, earthquakes, epidemics, etc.).

Especially for our readers, our specialists have prepared a sample of an employee’s written consent to be involved in overtime work.

When involving employees in “overtime”, you need to remember that certain categories of employees are prohibited from engaging in overtime work.

For example, the ban applies to pregnant workers, employees under 18 years of age (except for athletes and artists according to the List of professions and positions approved by the Government of the Russian Federation dated April 28, 2007 No. 252), etc. Such employees cannot be involved in “overtime” even if they do not object to processing (for more details, see “”).

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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).

Workers can be involved in overtime work without obtaining their consent if:

there is a need to prevent an industrial accident or disaster, or eliminate its consequences;

it is necessary to carry out work to eliminate factors that disrupt the functioning of the water supply, communications, gas and heat supply systems, lighting, and transport;

it is necessary to carry out urgent work under emergency conditions.

You cannot involve underage workers or pregnant women in overtime. Disabled people and women with children under 3 years of age can be involved in such work only with their written consent and in the presence of a medical certificate stating that such work is not prohibited for them due to health reasons.

You can work beyond the norm for no more than 4 hours for two days in a row, and no more than 120 hours per year.

Application for payment of overtime hours - sample

ContentsIn 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 of age, disabled people) can only be involved with consent. Therefore, in order to justify the need for overworking of personnel, it would be optimal for the employer to have an application 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 data 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 the employee has the right to refuse overtime, it is necessary to add a proposal to inform the employer. General Director of Digital Systems LLC Anatoly Nikolaevich Smirnov from the retail store salesperson Elena Aleksandrovna Chernova Statement I, Elena Aleksandrovna Chernova, agree to work overtime for 4 hours on June 14, 2021 from 17.00 to 21.00 at connection with the need to replace Andrey Sergeevich Semenov, 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. 06/14/2019 ______________ /Chernova E.A./

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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.

Sample application for watch recycling

This amount is determined minus the number of hours worked on the festive day.

How to write an application for time off, sample application. To take a few hours off for half a day, you will need to indicate that you need 3 hours of leave.

Compensation for overtime may be expressed in overpayment for the first two hours of overtime work. Today I work more than forty hours a week. A sample of filling out an application for voluntary consent to processing in an organization, tell me the form for an employee to fill out for consent to process the norm.

Training center Vseobuch LLC AIST, OP Implementation of the Federal State Educational Standard for Education in a preschool educational institution 72 hours. Fashion trend stripes. Sample application for time off.

Sample application for leave

. Labor Code of the Russian Federation, I ORDER 1. Sample application for leave without saving. An approximate template of such an application can be downloaded from the link Application for payment of overtime hours sample.

If the employee does not have overtime, then you can apply for time off on account of the vacation.

After all, despite the overtime, the number of working hours based on the results of the accounting period. An application for the issuance of a military ID must be signed or a military ID can be issued. You can either copy and paste this application form for leave without pay directly from your browser. Sample application for time off for previously worked time. According to the Labor Code, it cannot exceed four hours for an employee over two days. The application shall indicate for what time worked on a day off or during non-working hours, or for overtime

Time off for overtime is provided based on application. By order of October 19, 2012

Persons who do not have overworked hours or days have to arrange days off at their own expense, or on an annual basis. Sample statement of violation of children's rights. We need a sample application for payment of overtime.

Due to the processing of hours, he may accumulate a whole day, which is possible. Is there any overtime in this case? But if on one of these days he works three hours overtime, at the end of the payroll.

Title Author 7 Publishing house 3D P Year 1997 Language Russian, Ukrainian Format Size. Guided by p.

It turns out that for the first two hours of overtime, the employee has the right to take credit. Thus, upon retirement, a person will notice a sample application for time off for 2 hours of his work duration. Provide increased payment for overtime hours to the specified employees in accordance with. Application for leave for a few hours sample Inna.

Application for leave for a few hours sample. Considering that at the tariff rate the employee is initially set the amount of payment in hours, calculate.

Sample form for filling out an application for voluntary consent to processing in an organization.

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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

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Employee's application for additional support.

Processing in the amount of 120 hours 15 days according to him. Here is a sample application. This replacement is possible only on the basis of a written application from the employee

To be reflected in the working time sheet, form T12 or T13utv. A sample memo regarding involvement in overtime work can be found on our website. Is it necessary to require statements from an employee that do not exist in the law? R When adding Okvad Sample 2021 Application for Overtime Hours Sample Claim for Non-Payment of Utilities.

Therefore, in her opinion, there should be processing in the first two hours. How to collect money for overtime and overtime work It will not be difficult to determine the total number of overtime hours. Is it worth overtime? If in their application they wrote what they were asking for.

A person often needs to leave work for half a day or several hours. Salary How to register the absence of an employee from the workplace for several hours? A sample of filling out an application for voluntary consent to processing in an organization, tell me the form for an employee to fill out for consent to process the norm.

Tell me how to correctly write a report for additional days off. Interest per annum on credit cards.

Overtime hours that are not multiples of a whole working day can accumulate throughout the year and add up to. An application for disposal of the vehicle is submitted to the traffic police. We write such statements for 13 hours or for the day, but I do not allow them into orders. We need a competent sample application, I will indicate my version in. Due to pregnancy, the working day is set to 7 hours.

This kind of processing, if it was carried out due to an urgent production need, was initiated by the employer and.

Employee risks

Both the employer and the employee should remember that in the event of litigation, officially certified documents will be required. Otherwise, neither one nor the other side will be able to prove that they are right. In the absence of supporting documents, employees may be left without overtime pay at all. Therefore, the employee will need to draw up an application in two copies, one of which will be kept by the employer, and the second, with a mark from management, will remain in the hands of the employee. In addition to the application, it would also be useful to have another supporting document, for example, an order, memo or notice.

Time off for overtime: statement 2019

Only the employees of these structures write not an application, but a report on the provision of additional days off (compensation). The main documents for registration are an application and an order. Without these documents, additional days off (monetary compensation) are not provided.

The application must include information:

Applicant's initials.
Applicant's signature.
Reason (for the days processed, indicating the date on which they occurred).
A request (for the provision of time off in the required amount and on a specific date).
An indication of the form of the document is “Application”.
Date the text was written.
Initials and position of the manager to whom the application is addressed.
Name of the organization.

An order issued on the basis of an employee’s application for time off must include information:

About providing it to a specific employee.

How to write an application for payment for processing?

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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

How is overtime compensated?

According to Article 152 of the Labor Code of the Russian Federation, overtime service is compensated in two ways:

In cash.
Additional days of rest.

Payment of money is the “default” form. Additional days of rest are assigned only if the worker wishes. The amount of compensation is determined depending on the duration of processing:

The first 2 hours are at one and a half rate.
Subsequent hours are at double rate.

The duration of overtime work is calculated for each day.

ATTENTION! The law does not specify the time frame during which an employee can choose one of the forms of payment. Therefore, he can do this even after the money is issued. To avoid confusion, it is advisable to discuss this issue in advance.

How are additional days of rest processed?

How to register rest days established as compensation for overtime? It makes sense to fit these days into your work schedule. If there is no schedule, an order is issued with the employee’s full name and the reason for providing the rest. The employee must be familiarized with the document against signature. In the accounting sheet, rest days are marked with the code “NV” or “28”.

What is recycling?

First, let’s look at what does not belong to the concept of “recycling” to avoid confusion. According to Article 97 of the Labor Code of the Russian Federation, there are two types of labor organization: irregular working hours and overtime work. If an employee carries out his activities according to the first scheme, the concept of processing will not apply to him. This rule is also set out in a letter from Rostrud dated June 7, 2008. That is, if an employee with irregular working hours is late in the evening, he is not entitled to any additional payments for this. Compensation for overtime is provided by additional vacation days.

Another case when work beyond the schedule is not paid additionally: the employee decided, on his own initiative, to stay in the office in order to complete tasks that were not completed on time. This is relevant if a worker is given a task and adequate deadlines to complete it, but he does not have time. The lack of compensation in this case is regulated by a letter from Rostrud dated March 18, 2008.

Processing: registration and payment

Labor legislation establishes normal working hours.

Part 2 of Article 91 of the Labor Code of the Russian Federation establishes a normal working week of no more than 40 hours. It must be remembered that for certain categories of workers, reduced working hours are normal (Art.

92, part 4 art. 173, part 4 art. 174, part.

We recommend reading: If you are 55 years old in 2021, when to retire

3 tbsp. 176, art. 320, part 1 art. 333 and ch.

1 tbsp. 350 Labor Code of the Russian Federation). If the daily or weekly working hours established for a particular category of workers are not “suitable” for the organization (for example, for a transport company, enterprises with a continuous production cycle, organizations with a shift schedule, with a rotational method of organizing work), then summarized accounting is used working hours, in which the duration of working hours for the accounting period (month, quarter and other periods) should not exceed the normal number of working hours (Art.

Who should not be involved in recycling?

Articles 97, 99 and 101 of the Labor Code of the Russian Federation give an idea of the restrictions regarding involvement in processing. The following categories of workers cannot be involved in SR:

Pregnant women.
Minors.
Persons combining work and study.

Some employees need to be informed, against signature, of their right to refuse management’s demands:

Disabled people.
Mothers of children under 3 years old.
Single mothers and fathers.
Guardians of minors.

The involvement of these employees in processing must necessarily be accompanied by obtaining written consent from them.

A change in working hours implies a change in the employee’s working conditions, which can only be done with his consent. This process accompanies the formation of a package of certain documents. One of the most important is the employee’s application for a change in work schedule. We'll tell you why it's needed, and, most importantly, how to write it correctly.