Can an employer force you to work overtime? Involvement in work outside of working hours Forcing to work outside of working hours

The vacation is over. But this is not a reason to be upset. You still have many ways to legally relax.

1. Breaks during the working day

The most popular way to break away from work is to go to lunch and relax at the same time. During the working day, employees must be given a break “for rest and meals of no more than two hours and no less than 30 minutes, which in work time does not turn on "( Labor Code). That is, if you work from 10 to 18:30, a half-hour break is already included in your work schedule. The time and duration of the break is set by the company's internal labor regulations.

2. Weekend

The employer himself sets the schedule for your work. In this regard, you may have one or two days off. But one of them should be on Sunday. Usually the second day off is Saturday.

3. Holidays

Non-working holidays in our country are ():

January 1, 2, 3, 4, 5 - New Year's holidays.
January 7 - Nativity of Christ.
February 23 - Defender of the Fatherland Day.
March 8 - International Women's Day.
May 1 - Spring and Labor Day.
May 9 - Victory Day.
June 12 - Day of Russia.
November 4 - National Unity Day.

If the holiday falls on a weekend, then the day before or after the weekend is considered non-working. And if you were asked to go to work these days, know that the employer must pay twice as much for this.

See also: ""

4. Day off

If you urgently need a day off from work in the middle of the week, you can take a day off. Find out in advance with the employer for how long and on what conditions it is provided. Either that day (s) is deducted from your annual paid leave, or you take it at your own expense.

5. Sick leave

During your temporary incapacity for work, you are paid an allowance (60, 80 or 100% of the average earnings, depending on the length of service). After illness, you need to bring the employer a doctor's certificate, sick leave.

6. Vacation

Provided only after six months of work in a new place. As a rule, vacation lasts 28 calendar days, and the employer cannot make it shorter. But on the other hand, it can be divided into parts: usually an employee is given 14 days of vacation every six months. If these days were a holiday weekend, they are added to the vacation. Those under the age of 18 are entitled to an extended leave of at least 31 calendar days. If you are far from vacation, and for some reason you cannot work, you can take a vacation without pay (at your own expense). For how long to take it - to decide with the leadership.

7. Study leave

It is provided in addition to the annual leave for students of evening and correspondence departments of state universities. In the first and second year, leave is given for 40 days. On subsequent courses - 50 days for each session. If you are preparing for state exams or defending your diploma, leave is given as much as 4 months. While you are taking the exams, the employer must pay you a salary. According to the rules, an apprenticeship agreement must be attached to the employment contract, which stipulates the conditions on which you are allowed to take the session. In practice, cases of such extended leave are very rare for students.

During maternity leave, social security benefits are accrued. The amount of the benefit depends on your salary, but it cannot be more than 16 125 rubles (from 2008 this figure will increase to 23 000 rubles). Prenatal leave is 70 days (if it is not the first child - 84 days). Postpartum - also 70 days (in case of complications of childbirth - 86, with the birth of two children or more - 110). After leaving the decree, a woman can take annual paid leave, regardless of the length of service for a given employer ().

9. Parental leave

You can stay on parental leave (including those for adopted children) until the baby is three years old, and all this time you can receive social insurance benefits. Moreover, this vacation can be taken not only by the mother of the child, but also by the father, grandmother, grandfather.

"Personnel question", 2013, N 3

ATTRACTING TO WORK OUTSIDE WORKING HOURS

Business often dictates terms. Employees sometimes have to be attracted additionally, after hours, nothing can be done about it. We will talk about how to arrange this below.

Work at night

There are enterprises where technological process should not be interrupted for a minute and they work around the clock. For example, bakeries or metallurgical plants. Employees of such enterprises regularly go to work at night.

Night time is considered to be from 22 to 6 hours (Art. 96 of the Labor Code of the Russian Federation).

It is known that night work has an adverse effect on human health. Therefore, such work is subject to restrictions. All of them are given in the previously mentioned Art. 96 of the Labor Code of the Russian Federation.

According to Art. 96 of the Labor Code of the Russian Federation, the duration of work (shift) at night is reduced by one hour without further working off. For employees who have established a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided collective agreement, the duration of work (shift) is not reduced. The maximum working time for workers working night shifts during the week cannot exceed 35 hours.

The duration of work at night is equal to the duration in the daytime in those cases when it is necessary for the working conditions, as well as in shift work with a six-day working week with one day off. The list of these works may be determined by a collective agreement, local regulation.

Certain categories of citizens are not allowed to work at night, these include: pregnant women; employees under the age of 18, with the exception of persons participating in the creation and (or) performance of works of art; and other categories of employees in accordance with this Code and other federal laws.

Women with children under the age of three, disabled workers, workers with children with disabilities, as well as workers caring for sick members of their families in accordance with a medical certificate, mothers and fathers raising children under the age of five years old, as well as guardians of children of a specified age may be involved in night work only with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical opinion. In this case, these employees must be informed in writing against receipt of their right to refuse to work at night. Refusal of workers of this category to work at night cannot be considered a violation job responsibilities.

The inadmissibility of attracting these categories of workers to work at night also applies to those cases where only part of the shift falls on the night time (clause 7 of the Resolution of the Plenum The Supreme Court RSFSR of December 25, 1990 N 6 "On some issues arising from the application of the legislation by the courts regulating the work of women").

Also, people with disabilities can be involved in night work with their written consent, if such work is not prohibited for them for health reasons in accordance with a medical opinion (in the recent past, disabled people could not be involved in night work even with their consent).

In addition to the persons mentioned in Art. 96 of the Labor Code of the Russian Federation, the following are not allowed to work at night:

1) by general rule - women (Article 259 of the Labor Code of the Russian Federation);

2) workers with tuberculosis, if there is a corresponding conclusion of the CEC;

3) single mothers raising children in the absence of round-the-clock preschool institutions;

The order of work at night for creative workers of cinematography organizations, television and video filming collectives, theaters, theater and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation can be determined by a collective agreement, local regulatory act or agreement of the parties to the employment contract.

Each hour of work at night is paid at an increased rate compared to the same work under normal conditions (Article 154 of the Labor Code of the Russian Federation), but not less than the amount established by laws and other regulatory legal acts... The specific amounts of the increase in wages for work at night are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract. Earlier, the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of February 12, 1987 N 194 "On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift mode of operation in order to increase production efficiency" (which is no longer valid) additional payment for each hour of work at night for enterprises with multi-shift work in the amount of 40% of the employee's rate or salary. Now the prices are set exclusively by local acts.

Remuneration for labor in case of failure to meet labor standards ( job duties) is performed for the time actually worked or the work performed, but not below average wages employee, calculated for the same period of time or for the work performed, and depends on the fault of the employee and the degree of product readiness.

If the failure to comply with labor standards (job duties) is due to reasons beyond the control of the employer and the employee, the employee retains at least 2/3 of the tariff rate (salary).

In case of non-fulfillment of labor standards (job duties) through the fault of the employee, payment of the standardized part of the wage is made in accordance with the amount of work performed (Article 155 of the Labor Code of the Russian Federation).

Products that turn out to be a defect (Article 156 of the Labor Code of the Russian Federation) are paid on an equal basis with suitable products if the defect was not the fault of the employee.

A complete defect through the fault of the employee is not subject to payment, and a partial defect through the fault of the employee is paid at reduced rates, depending on the degree of product suitability.

Payment for downtime (temporary suspension of work due to economic, technological, technical or organizational reasons) is carried out depending on which of the parties is to blame for the downtime. Downtime due to the fault of the employer is paid in the amount of at least 2/3 of the employee's average wage. The condition for payment in this case is a written warning of the employee about the start of downtime.

Downtime for reasons beyond the control of the employer and the employee, if the employee warned the employer in writing about the start of the downtime, is paid in the amount of at least 2/3 of the tariff rate (salary). Downtime due to the fault of the employee is not paid (Article 157 of the Labor Code of the Russian Federation).

A collective or labor agreement can establish the specifics of remuneration for the development of new industries (products) - maintaining the employee's previous wages for this period (Article 158 of the Labor Code of the Russian Federation).

The Labor Code only says higher pay for night shift workers. At the same time, it is possible to include in the text of the collective agreement a clause on increased wages for workers working in the evening shift.

In this case, one can focus on clause 9 of the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions No 194, which was already discussed earlier. It says that the amount of additional payments for work on the evening shift is 20% of the hourly wage rate (official salary) for each hour of work, and on the night shift - 40% for each hour of work.

The employer must pay supplements for night work to employees (for example, gas station operators), which set the summarized accounting of working hours and shift mode of operation (for example, work in the mode "three days later"), since from Art. 154 of the Labor Code of the Russian Federation, it follows that the increased amount of payment for each hour of work at night does not depend on the working hours and rest hours. The introduction in the organization of the summarized accounting of working hours or shift work does not affect the payment for work at night.

In relation to individual complexes of the national economy, there are sectoral tariff agreements that establish the amount of additional payments (allowances) for work at night or night shift (for example, Industry agreement on the timber industry complex Russian Federation for 2003 - 2005, registered by the Ministry of Labor of Russia on December 23, 2002 N 8671-VYa, Industry tariff agreement on road transport for 2002 - 2004, registered by the Ministry of Labor of Russia on March 22, 2002 N 1641-VYa, Industry tariff agreement on chemical, microbiological complex, registered by the Ministry of Labor of Russia on February 15, 2002 N 892-VYa).

The Labor Code of the Russian Federation defines how long working hours can be. Each company determines when the working day begins and when it ends. However, sometimes there are extraordinary circumstances in which the administration is forced to involve an employee to work after hours or even on holidays and weekends.

Weekend work and holidays

Article 111 of the Labor Code of the Russian Federation establishes the rule according to which all employees should be provided with days off (weekly uninterrupted rest). Differences in species working week (5-day, 6-day) predetermine the differences in the number of days off provided to employees. With a 5-day working week, employees are given two days off per week, with a 6-day working week - one day off.

The general day off is Sunday. The second day off with a 5-day working week is established by a collective agreement or internal rules work schedule organizations. As a rule, both days off are provided in a row. In a 5-day work week, the second day off can precede or follow Sunday (Saturday) or follow it (Monday).

Due to production, technical and organizational conditions, a long (on weekends) suspension of work is sometimes impossible. In such organizations, in accordance with the internal labor regulations, days off are provided to employees on different days of the week, in turn, to each group of employees.

On the basis of the internal labor regulations, this issue in specific periods of time (within the accounting period) is resolved by work schedules (shifts).

Such a norm allows ensuring the timely provision of rest days for all employees of the organization. The above procedure should not be confused with the working conditions in organizations where work should be carried out on a general day off due to the need to service the population (shops, consumer services, theaters, museums, etc.). Days off in such organizations are used weekly on other days of the week and are established by the internal labor regulations. The day off is provided simultaneously to all employees on a certain day of the week, which does not coincide with the general day of rest.

In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request.

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his if you wish another day of rest.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time during the calendar year after the day of donating blood and its components (Article 186 of the Labor Code of the Russian Federation).

As mentioned above, the list of non-working holidays is given in Art. 112 of the Labor Code of the Russian Federation. Non-working holidays in the Russian Federation are:

If the weekend and non-working holidays coincide, the day off is transferred to the next working day after the holiday.

In Art. 112 of the Labor Code of the Russian Federation, an attempt was made to resolve the problem with the remuneration of pieceworkers on non-working holidays. It proposes to establish that employees, with the exception of employees receiving salaries ( official salary), for non-working holidays, on which they were not involved in work, additional remuneration is paid. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations, adopted taking into account the opinion of the elected body of the primary trade union organization, labor contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are related to the expenses for labor remuneration in full.

In addition, in Art. 120 of the Labor Code of the Russian Federation, in this edition, the provision is excluded that non-working holidays falling on the vacation period are not included in the number of calendar days of vacation and are not paid. This removes the problem with the payment of non-working holidays to pieceworkers who fall on these days during the vacation period. Also in Art. 112 of the Labor Code of the Russian Federation included a norm that would provide for additional rules transfer of days off by the Government of the Russian Federation. In particular, it is proposed to establish that the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the onset of the corresponding calendar year. The adoption of normative legal acts on the transfer of days off to other days during a calendar year is allowed subject to the official publication of these acts not later than two months before the calendar date of the established day off.

Urgent repair work is work that cannot be planned in advance and is unexpected. Urgent loading and unloading operations are carried out on holidays in order to release storage facilities, as well as prevention or elimination of idleness of rolling stock or accumulation of goods at the points of departure and destination.

B continuously operating organizations, as well as with the summarized accounting of working hours, work on holidays is included in the monthly norm of working time (clause 1 of the Clarification of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of the USSR and the All-Union Central Council of Trade Unions of the USSR No. 13 / P-21 "On compensation for work on holidays" . Resolution of the State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of August 8, 1966 N 465 / P-21)). They are still applied in the part that does not contradict the Labor Code of the Russian Federation.

Article 167 of the Labor Code of the Russian Federation establishes that when an employee is sent on a business trip, he is guaranteed the preservation of average earnings. At the same time, the average earnings during the time an employee is on a business trip is saved for all working days of the week according to the schedule established at the place of permanent work (clause 9 of the Instruction on business trips within the USSR, published by the USSR Ministry of Finance, USSR State Committee for Labor and All-Union Central Council of Trade Unions of April 7, 1988 No. No. 62, applies to the extent that it does not contradict the Labor Code of the Russian Federation).

In accordance with the assignment for a business trip, specific deadlines for its implementation are established. The posted worker himself plans to perform work, taking into account the work schedule, working hours and rest time of the organization to which he is sent.

According to the specialists of the Ministry of Labor of Russia, work on weekends performed by posted workers at the place of business trip on their initiative is not subject to payment. This follows from the very nature of the business trip as the direction of the employee to carry out a certain assignment outside the place of his permanent work, where accounting and control over it by the administration are difficult. Workers on a business trip use weekly rest days at the location of the business trip, rather than upon returning from it.

In Art. 113 of the Labor Code of the Russian Federation contains the procedure and grounds for engaging in work on weekends and non-working holidays. Two categories of grounds have been established when an employee can be involved in work on a weekend and a non-working holiday. The first category includes the following circumstances:

1) prevention of a catastrophe, industrial accident or elimination of the consequences of a catastrophe, industrial accident or natural disaster;

2) prevention of accidents, destruction or damage to the employer's property, state or municipal property;

3) 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases that pose the life or normal living conditions of the entire population or part of it are at risk.

In these cases, attracting employees to work is allowed without their consent.

With the written consent of employees, it is allowed to involve them in work on weekends and non-working holidays if it is necessary to perform unforeseen work in advance, on the urgent execution of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends on.

In other cases, recruiting to work on a weekend or a non-working holiday is possible with the consent of the employee and taking into account the opinion of the primary trade union organization.

The requirement for written familiarization of disabled people, as well as women with children under the age of three years, with their right to refuse work on weekends and non-working holidays, is also slightly modified. According to the proposed wording, the employer will be obliged to familiarize these workers "against signature".

Work on weekends and non-working holidays is prohibited for pregnant women and workers under the age of 18 (Articles 259, 268 of the Labor Code of the Russian Federation).

In accordance with Art. 153 of the Labor Code of the Russian Federation, work on a non-working holiday is paid at least in double the amount:

1) for pieceworkers - not less than double piece rates;

2) employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate.

Thus, when calculating wages, it is taken into account at least twice the amount actually worked on a holiday.

Employees who receive a monthly salary are paid for work on a non-working holiday in the amount of at least a single daily or hourly rate in excess of the salary, if work on a weekend and a non-working holiday was performed within the monthly norm of working time, and in the amount of at least double hourly or daily rate in excess of the salary, if the work was performed in excess of the monthly norm.

The collective agreement may provide for higher wages for work on a holiday.

To ensure order and, if necessary, promptly resolve emerging issues on holidays, and sometimes on weekends, the employer appoints responsible officers.

Such a duty differs from the work called duty, provided for by work schedules (shift shifts), as well as from duty (and in fact also work), for which workers are specially hired (doctors on duty, watchmen, duty locksmiths, etc.). Unlike on duty, here employees perform their main work under an employment contract with an appropriate schedule of work and rest.

Duty is the presence of an employee in an organization by order of the employer before or after the end of the working day, on weekends or holidays, as the person responsible for order and for promptly resolving urgent issues that arise that are not related to the organization's production activities.

A special Resolution of the All-Union Central Council of Trade Unions of April 2, 1954 was adopted on duty. There is no normative legal act on duty; they are not mentioned in the Labor Code of the Russian Federation either. In this regard (and since) the rules on duty provided for by the said Resolution of the All-Union Central Council of Trade Unions do not contradict the Labor Code of the Russian Federation, they should be guided in practice.

Employees are allowed on duty no more than once a month.

For duty on weekends and holidays, all employees are provided with a day off for the next 10 days of the same duration as the duty.

In the case of being on duty before the beginning or after the end of the working day, attendance at work is accordingly shifted so that the duration of duty or work together with duty does not exceed the established duration of the working day.

Duty hours over time daily work according to the order (schedule) must be compensated with a day off in the same way as compensation for the time of duty on weekends and holidays.

According to the established practice, workers who cannot be involved in overtime work are not involved on duty.

Work beyond the established

working hours

The establishment of a working time norm does not exclude, however, cases of performance of work in excess of this norm. In accordance with Art. 97 of the Labor Code of the Russian Federation, the employer has the right, in accordance with the procedure established by the Labor Code of the Russian Federation, to attract an employee to work outside the working hours established for this employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, collective bargaining agreements, agreements, local regulations, labor contracts:

1) for overtime work (Art. 99 of the Labor Code of the Russian Federation);

2) if the employee works on irregular working hours (Article 101 of the Labor Code of the Russian Federation).

Combining jobs are carried out not at the initiative of the employee, but by agreement of the parties. This is the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation). Part-time work is carried out within the framework of the working hours established under this employment contract (i.e. normal).

Combining employment is regulated by Art. Art. 60.1 and 60.2 of the Labor Code of the Russian Federation, as well as Art. Art. 282 - 288 of the Labor Code of the Russian Federation. In accordance with Art. 282 part-time job - performance by an employee of other regular paid work on the terms of an employment contract in his free time from the main job. The conclusion of labor contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided federal law.

An employee has the right to conclude employment contracts for performing other regular paid work during his free time from the main job with the same employer (internal part-time job) and (or) with another employer (external part-time job) (Article 60.1 of the Labor Code of the Russian Federation). With the written consent of the employee, he may be entrusted with performing, within the established duration of the working day (shift), along with the work specified in the employment contract, additional work for another or the same profession (position) for additional payment (Art. 60.2 of the Labor Code of the Russian Federation). Thus, in accordance with Part 1 of Art. 60.2 of the Labor Code of the Russian Federation, internal part-time employment is allowed to perform work that does not coincide with that for which the main work is performed for this employer. For certain categories of workers, the Labor Code of the Russian Federation establishes exceptions, for example, for teaching staffwho are allowed to work in combination, including in a similar position, specialty (Art. 333 of the Labor Code of the Russian Federation). Internal part-time jobs are not allowed in cases where a reduced working time is established, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.

The employee has the right to conclude an employment contract with another employer to work on conditions external combinationunless otherwise provided by the Labor Code of the Russian Federation or other federal laws. For example, according to Art. 276 of the Labor Code of the Russian Federation, the head of an organization has the right to work part-time for another employer only with permission authorized body legal entity either the owner of the property of the organization or the person (body) authorized by the owner (Article 276 of the Labor Code of the Russian Federation).

In Art. 97 clarifies that the concept of "work outside the established hours of work" includes not only overtime work, but also work with irregular working hours (Art. 101 of the Labor Code of the Russian Federation).

Work outside normal working hours cannot exceed four hours a day for part-time workers; four hours on two consecutive days and 120 hours a year for overtime workers.

The prohibition on part-time employment is established for:

1) persons under the age of 18;

2) working in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases established by federal laws;

3) members of the Board of Directors of the Bank of Russia in accordance with Art. 19 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)". They cannot be deputies of the State Duma and members of the Federation Council, deputies of legislative (representative) bodies of constituent entities of the Russian Federation, deputies of local self-government bodies, civil servants, as well as members of the Government of the Russian Federation;

4) members of the Government of the Russian Federation (Article 11 of the Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation";

5) civil servants in accordance with Art. 17 of the Federal Law of July 27, 2004 N 79-FZ "On public service Russian Federation";

6) prosecutors (Article 4 of the Federal Law as amended on January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation");

7) judges of courts of all levels: from the Constitutional Court of the Russian Federation to justices of the peace (Article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation").

Remuneration for the work of persons working part-time is made in proportion to the hours worked, depending on the output, or on other conditions determined by the employment contract.

When establishing standardized tasks for persons working part-time with time-based wages, labor remuneration is made according to the final results for the amount of work actually performed.

Persons working part-time in areas where regional coefficients and wage increments are established are paid based on these coefficients and increments.

Features of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) are determined in the manner prescribed by the Government of the Russian Federation.

Thus, the Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (hereinafter - Resolution of the Ministry of Labor of Russia N 41) establishes the features of part-time work for these categories.

Quite often, doctors have to work part-time.

Moreover, according to clause 2 of the Resolution of the Ministry of Labor of Russia N 41, not every such job is considered part-time.

So, they are not part-time jobs, in particular:

1) carrying out a medical examination with a one-time payment;

2) the implementation of consulting by highly qualified specialists in the amount of no more than 300 hours per year;

3) work without taking up a regular position in the same institution and another organization, including duty in excess of the monthly norm of working hours according to the schedule.

Article 284 of the Labor Code of the Russian Federation limits the maximum duration of work for both external and internal part-time jobs. Thus, an employee cannot work part-time more than 4 hours a day and 16 hours a week. However, for medical and pharmaceutical workers, there is a different duration of part-time work. It is given in pp. "b" clause 1 of the Resolution of the Ministry of Labor of Russia N 41.

According to the Federal Law of June 30, 2006 N 90-FZ, Art. 98 is excluded from the section "Working hours", and the new art. 60.1, which is dedicated to general provisions on the part-time job, is placed in the section "Employment contract".

In Art. 284 of the Labor Code of the Russian Federation, the norm on limiting the duration of part-time work was changed. Instead of limiting the time of part-time jobs to 16 hours a week, it was established that the duration of part-time jobs during a month should not exceed half of the monthly norm of working time established for the corresponding category of workers. On days when the employee is free from work duties at the main place of work, he can work part-time full-time (shift).

Previously, there was such a concept as "internal combination", and Art. Art. 98 and 99 of the Labor Code of the Russian Federation explained that if you formalize an employment relationship, that is, additional work internal part-time, then you do not have to pay an increased amount. That is, you work more than 40 hours, and you are paid according to the contract, and not in one and a half, and in double the amount, as for overtime work.

Overtime work - work performed by an employee on the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.

In the case of daily accounting of working hours, work in excess of the established working day is considered overtime.

In case of cumulative accounting, overtime will be considered work in excess of the established duration of the work shift.

Usually, an order is issued on the production of overtime work, which specifies the reasons why they are needed, the category of workers involved in the work. However, if such an order is not issued, but there was an oral order from one of the representatives of the administration, then the work is considered overtime.

Overtime work is also recognized in practice when it was carried out not only with the knowledge of the employer, but also with the immediate supervisor of the work (foreman, site manager, etc.). However, in all cases, engaging in overtime work is possible only with the written consent of the employee.

Work is recognized as overtime, regardless of whether it was part of the employee's responsibilities or not.

Overtime work is not in which the actual duration of daily work on certain days may not coincide with the length of the scheduled shift.

Overtime work in excess of the established duration of the working day is not recognized when working out the norm of hours with a flexible working schedule.

Work in excess of the specified duration of the working day of employees with irregular working hours, if it is compensated by additional leave of more than 28 calendar days, is not considered overtime.

Overtime work during the hours of working leave without pay is not considered, as well as work performed in combination (in excess of the established duration of working hours), work performed by the employee in excess of the time provided for by the employment contract, but within the established duration of the working day (shift), working part-time (Resolution of the Plenum of the Supreme Court of November 24, 1978 N 10 "On the application by courts of legislation regulating the remuneration of workers and employees").

It does not apply to overtime and work in the order of combining professions (positions) (Article 151 of the Labor Code of the Russian Federation).

Work under civil law contracts (for example, assignments, paid services, contracts, etc.), carried out in free time from work, does not apply to overtime.

Engaging in overtime work is carried out by the employer with the written consent of the employee and does not require the permission of the representative body of employees in the following cases established by Art. 99 of the Labor Code of the Russian Federation:

1) if necessary, perform (finish) the work begun, which due to an unforeseen delay in technical specifications production could not be performed (completed) during the working hours established for the employee, if the non-performance (non-completion) of this work may lead to damage or loss of the employer's property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property or create a threat to the life and health of people;

2) during the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the termination of work for a significant number of employees;

3) to continue work in the absence of a shift worker, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

The employer may hire an employee to work overtime without his consent in the following cases:

1) during the performance of work necessary to prevent a disaster, industrial accident or eliminate the consequences of a disaster, industrial accident or natural disaster;

2) in the production of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewage, transport, communication 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 conditions, 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, engaging in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

It is not allowed to involve pregnant women, employees under the age of 18, other categories of employees in overtime work in accordance with this Code and other federal laws. Involvement of disabled people, women with children under the age of three years, in overtime work is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. In this case, disabled people, women with children under the age of three years, must be informed against signature of their right to refuse overtime work.

Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

It is the employer's responsibility to ensure that each employee's overtime work is accurately recorded.

In other cases, in addition to those specified in Art. 99 of the Labor Code of the Russian Federation, involvement in overtime work is allowed in addition to the written consent of the employee, taking into account the opinion of the representative body of employees. That is, the Labor Code of the Russian Federation establishes a double guarantee against unreasonable recruitment of workers to overtime work.

The procedure for taking into account the opinion of an elected trade union body when involved in overtime work is regulated by Art. 372 of the Labor Code of the Russian Federation.

For a certain category of employees, there is a direct ban on hiring overtime work.

It is not allowed to engage pregnant women, employees under 18 years of age, and other categories of employees in overtime work in accordance with federal law. Involvement of disabled persons, women with children under the age of 3 years, to overtime work is allowed with their written consent and provided that such work is not prohibited by them for medical reasons. In this case, disabled persons, women with children under the age of 3 years, must be informed in writing of their right to refuse overtime work. These guarantees also apply to employees who have disabled children before they reach the age of 18; workers caring for sick members of their families in accordance with a medical certificate (part 2 of article 259 of the Labor Code of the Russian Federation); fathers raising children of the corresponding age without a mother, and guardians (curators) of minors (Art. 264 of the Labor Code of the Russian Federation).

Very often, overtime work is confused with the so-called irregular working hours. The latter is a condition of an employment contract concluded with certain categories of workers (usually managers, specialists) and consisting in the fact that on certain days, if there is a production need, these workers can be involved in work in excess of the working day (shift).

For each specific employee (and not on average for all persons involved in overtime work, not for the organization as a whole), overtime work cannot last more than 120 hours a year and 4 hours for two consecutive days.

In some cases, certain regulations allow for a higher limit on the number of overtime work. This applies, for example, to employees of railway transport, subways, certain categories of drivers, forestry workers, etc. In these cases, the rules of special legal acts apply.

So, for example, in clause 5 of the Regulation on the specifics of the working hours and rest hours of communications workers dated September 8, 2003 N 112 (approved by Order of the Ministry of Communications of Russia dated September 8, 2003 N 112) it is indicated that the use of overtime work is allowed in cases provided for in Art. 99 of the Labor Code of the Russian Federation, as well as in the following exceptional cases:

1) during the performance of urgent work to eliminate accidents on communication lines and station equipment;

2) when carrying out work on the transportation and delivery of mail and periodicals in cases of delay in the railway, air, sea, river and road transport or untimely submission of periodicals by publishers;

3) when processing increased telephone, telegraph and postal exchanges on the eve of holidays (January 1, 2 and 7, February 23, March 8, May 1, 2 and 9, June 12, November 7 and December 12);

4) when processing orders for periodicals during the subscription campaign;

5) in case of unscheduled delivery of pensions.

Involvement in overtime work in these exceptional cases is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.

The Labor Code of the Russian Federation provides for a special procedure for paying for overtime work.

Previously, overtime was considered to be work in excess of normal working hours. There are a sufficient number of categories of workers who worked on reduced working hours, and for them the concept of "overtime" did not exist. These include all medical, pedagogical workers - they did not receive overtime work additional payment... According to the current edition of the Labor Code of the Russian Federation, overtime work of these categories of workers must be paid.

It must be remembered that the time for part-time work of doctors is also regulated by the Decree of the Government of the Russian Federation of November 12, 2002 N 813 "On the duration of part-time work in health care organizations of medical workers living and working in countryside and in urban-type settlements. ”According to this Resolution, physicians who live and work in rural areas and in urban-type settlements can work part-time 8 hours a day and 39 hours a week.

As in the case of medical workers, part-time work for teachers should not exceed half of the monthly norm of working hours, calculated based on the established duration of the working week. And for teaching staff (including coaches, teachers, coaches), who have half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week.

But in addition to part-time work, the teacher can perform without restrictions:

1) literary work (for example, editing, translation and reviewing of works, scientific and creative work without holding a full-time position);

2) pedagogical work with hourly wages labor in the amount of no more than 300 hours per year;

3) consulting in institutions in the amount of no more than 300 hours per year;

4) management of graduate students and doctoral students, head of the department, management of the faculty (if additional payment is provided for this work);

5) pedagogical work in the same educational institution with additional payment;

6) work without taking up a full-time position in the same institution or other organization (for example, managing offices, laboratories and departments, managing subject and cycle commissions, managing student practice);

7) work in excess of the established norm of hours pedagogical work for the rate of salary of teachers;

8) organization and conduct of excursions with hourly or piece-rate pay without taking up a regular position.

The list of these types of work is given in clause 2 of the Resolution of the Ministry of Labor of Russia N 41. The performance of such work is not considered as part-time work, therefore, there is no need to conclude an agreement with the teacher. With the consent of the employer, highly qualified teachers can work part-time in institutions for advanced training and retraining of personnel during the main working hours.

Article 152 of the Labor Code of the Russian Federation regulates the issue of remuneration for employees involved in overtime work in accordance with the established procedure. Applying the rules of Art. 152 of the Labor Code of the Russian Federation, it should be noted that at present:

1) the differences in the remuneration of employees involved in overtime work, depending on whether the employee works on the basis of time system pay or work piecework;

2) specific amounts of remuneration for overtime work can be determined in a collective agreement or in employment contract.

In all cases, for the first 2 hours of overtime work, the employee is now paid not less than one and a half times the amount, and for the next hours - not less than twice. In other words, centrally hard-coded canceled upper limits additional payments for overtime work. You cannot pay less than the limits established in Art. 152 of the Labor Code of the Russian Federation, but you can pay more.

Federal Law N 90-FZ excluded from Art. 152 of the Labor Code of the Russian Federation, Part 2, which regulated the procedure for remuneration of part-time workers. In addition, it is now allowed not only to provide time off for overtime work, but also to add days off to annual leave, release the employee from work on other days for the number of hours for which the employee was involved in overtime work.

Going to work every day and constantly dreaming about vacation is not easy. Even the most hardworking and conscientious employees sometimes have a desire to skip work, but what to say if you have a child sick or are you simply exhausted after a fun party? Of course, the easiest way is to call your boss and hope for his understanding, but if the relationship with the boss is not the warmest, you should still enlist the support of the legislation.

In total, there are 10 reasons not to come to work officially:

1. Donation

Donating blood is not only an opportunity to do a good deed, but also a way to get small, but still material benefits in the donor center (food or its replacement with monetary compensation). At the same time, according to Article 186 of the Labor Code (LC) of the Russian Federation, at work "charitable day ”is paid in full. Output on the day of blood donationyou are not required to take (it lasts for a year).

2. You worked on a weekend or holiday

Promising to go out on the weekend after a truancy will not work, so you shouldn't give up if you are urgently asked to rush to the office on a non-working day. Maybe it’s worth the extra work to then have the opportunity to sleep off with a clear conscience in the middle of the week? Of course, if processing is not a problem for you, then do not forget that you must also be paid for additional employment (Articles 152-153 of the Labor Code of the Russian Federation).

3. Special conditions of the contract with the employer

In many companies, it is possible to take several days off without explaining the reasons and losing part of the salary. If your company provides such an opportunity - take care of your place. Not everyone is so lucky.

4.Extreme climate

If the air temperature in the office is above 32.5 degrees or, conversely, below 13 degrees, then, according to Article 212 of the Labor Code of the Russian Federation, you may not work, so having a thermometer on your desktop will not hurt anyone.

5. Study holidays

Approvals, state examsThe dissertation is legitimate reasons for being absent from work. In the first two courses for passing the intermediate certification, according to the law, 40 days off are provided, and in the senior courses - 50. When passing the state final certification, the student has the right to count on a vacation of up to four months, and if you are writing a candidate dissertation, the employer must provide you are under 3 months old study leave (articles 173-176 of the Labor Code of the Russian Federation).

But will you really spend your entire vacation as intended? Practice shows that all educational issues are resolved on the night before. By the way, a second higher education no longer gives you any privileges, but sometimes employers make an exception and prescribe special conditions in an employment contract. If your company insisted on getting a second degree, be sure to discuss this point.

6.Medical examination

If the organization sends you to medical checkup, then she pays for unworked days (article 185 of the Labor Code of the Russian Federation). There is no doubt about the correctness of such a law - the health of precious employees is above all. Nevertheless, the speed of passing the medical examination is completely up to you: come to the clinic early, ask your colleagues to take the queue, and then the chances of getting through before lunch are very high. Or maybe the necessary certificate about the state of your body has already been in store, and you can spend your "health day" outside the clinic?

7.Advanced qualifications

When the employer directs you to receive additional vocational education during working hours, then the missed working days are also paid (Article 187 of the Labor Code of the Russian Federation). Remember - not everyone is tracking your attendance, so just show your boss the document you received from the course. And to go to "lessons" or not - your conscience will tell you.

8 baby care

If your baby is sick, then you can take a sick leave - any close relative or guardian can do this. In addition, if you are caring for a disabled child, then every month you are entitled to 4 additional days off (Article 262 of the Labor Code of the Russian Federation).

9. Receiving "occupational" injury or illness

An unpleasant, but fair reason not to come to work during rehabilitation and at the same time receive a full salary (Article 184 of the Labor Code of the Russian Federation).

10. The birth of a child, the death of a close relative, or your wedding

Usually leave for such reasons is not paid, but leave is given up to 5 calendar days (article 128 of the Labor Code of the Russian Federation) - you only need to provide a supporting document. As a rule, employers are sympathetic to employees who have had special events in their lives.

Rest time is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).

One of the basic rights of an employee is the right to rest. The types of rest time include: breaks during the working day, daily rest, weekends, non-working holidays, vacations (Article 21, Article 107 of the Labor Code of the Russian Federation).

Depending on which of the specified types of recreation the employer will attract the employee to work outside of working hours, the conditions and procedure for such involvement will depend.

In accordance with Art. 97 of the Labor Code of the Russian Federation, the employer has the right to attract an employee to work outside the working hours established for this employee, only in the manner determined by the Labor Code of the Russian Federation. Such involvement can be in the form of overtime work (Article 99 of the Labor Code of the Russian Federation) or on the basis of irregular working hours (Article 101 of the Labor Code of the Russian Federation).

In case of overtime work, the employee, at the initiative of the employer, performs work outside the established working hours.
Such involvement is allowed with the written consent of the employee in the following cases:

• if necessary, perform (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (completed) during the working hours established for the employee, if non-performance (non-completion) of this work may entail damage or loss of the employer's property ( including property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or pose a threat to the life and health of people;
• in the production of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause the termination of work for a significant number of workers;
• to continue work in the absence of a shift worker, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

without the employee's consent, it is possible to engage in the following cases:

• when performing work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• in the production of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems;
• 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases, putting under a threat to the life or normal living conditions of the entire population or its part.

In other cases, engaging in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

It should be borne in mind that the Labor Code of the Russian Federation provides for a number of categories of workers (for example, pregnant women, workers under the age of eighteen), whose involvement in overtime work is not allowed.

Persons with disabilities and women with children under the age of three may be involved in overtime work only with their consent, if it is not prohibited for them for health reasons in accordance with a medical certificate. At the same time, such employees must be informed against signature of their right to refuse overtime work.

The employer should take into account that the duration of overtime work should not exceed 4 hours for each employee on two consecutive days and 120 hours per year. It is the employer's responsibility to ensure that each employee's overtime work is accurately recorded.

In the event of irregular working hours, individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or a local regulatory act, adopted taking into account the opinion of the representative body of employees.
Based on the provisions of Articles 57 and 100 of the Labor Code of the Russian Federation for workers working on irregular working hours, this condition should be included in. If the employee and the employer have already come to an agreement that the employee has been established and in this regard he will be occasionally involved in the performance of his labor function outside working hours, then the employee's consent is no longer required for each fact of such involvement.

In clause 2 of the Recommendation The International Organization Labor of June 24, 1936 N 47 on annual paid holidays, it is indicated that the vacation is intended so that the worker can restore his physical and mental strength spent during the year.

These norms indicate that the employee has the right to rest, including the annual paid leave, during which he must rest, restoring his health.

Nevertheless, Art. 125 of the Labor Code of the Russian Federation provides for the possibility of recalling an employee from vacation. It is allowed only with the written consent of the employee. The unused part of the leave must be provided at the choice of the employee at a time convenient for him during the current working year or added to the leave for the next working year. The same article provides for the categories of workers whose withdrawal from vacation is prohibited, namely: workers under the age of eighteen, pregnant women and workers employed in work with harmful and (or) dangerous working conditions.

The procedure for engaging in work on weekends and non-working holidays is governed by Art. 113 of the Labor Code of the Russian Federation.

As a general rule, work on weekends and non-working holidays is prohibited. However, there are exceptions.

Employees can be involved in work on weekends and holidays only with their written consent if it is necessary to perform unforeseen work in advance, on the urgent execution of which the normal work of the organization as a whole or its individual structural units depends in the future.

without the consent of the employee, it is allowed to involve him in work on weekends and non-working holidays only in cases directly provided for by part three of Art. 113 of the Labor Code of the Russian Federation, namely:

• to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• to prevent accidents, destruction or damage to the employer's property, state or municipal property;
• to perform 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases, putting under a threat to the life or normal living conditions of the entire population or its part.

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

The law provides for a number of categories of workers (disabled, women with children under the age of three), whose involvement in work on weekends and non-working holidays is allowed only if it is not prohibited for them for health reasons in accordance with a medical certificate. At the same time, these categories must be informed against signature of their right to refuse to work on a weekend or a non-working holiday.

A complete ban on recruiting to work on weekends and non-working holidays has been established for pregnant women (Article 259 of the Labor Code of the Russian Federation), workers under the age of eighteen (Article 268 of the Labor Code of the Russian Federation).

Prepared by:
Expert of the Legal Consulting Service GARANT
Troshina Tatiana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Kikinskaya Anna

The material was prepared on the basis of an individual written consultation provided as part of the service

5/5 (2)

Does the employer have the right to hire overtime

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

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

The employer is obliged to keep records of overtime work in the timesheet and pay for it in accordance with labor legislation.

What an employee needs to know

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

Punishment is possible only in the following cases:

• the subordinate refused to perform work outside of working hours in the presence of extraordinary circumstances specified in the law;
• there is a written consent of the employee to work on a weekend or a public holiday, but he without good reason didn't show up for workplace and did not fulfill his duties.

Remember! Involvement of workers in overtime work should be caused by special, extraordinary circumstances.

Despite this, the law strictly limits its duration:

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

Rationing of working hours, accounting for hours of work at and above the norm are the tasks of a specialist in work rationing at an enterprise.

Reasons for violations of labor rights

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

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

But you should not constantly compromise your interests, any work should be expressed in monetary terms, employees should value their work and demand payment for it in accordance with the law.

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

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

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

In what cases the employee's consent is not required

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

• it is necessary to prevent an accident, catastrophe, eliminate their consequences;
• you need to perform work dictated by the introduction of martial law, a state of emergency on the territory of the state or a limited area;
• there is a need for urgent professional action in the face of emergency or natural disasters (for example, extinguishing a fire, evacuating flood zones);
• it is necessary to eliminate the accident at a socially significant object - communication lines, water utility.

To whom processing is prohibited

The law establishes a list of persons who, under no circumstances, should be forced to work in excess of the norm.

Even in emergency situationsWhen it is permitted to engage employees in overtime work without their consent, these categories should not be involved:

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

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

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

Watch the video. How overtime is paid:

Overtime Work Procedure

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

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

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

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

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

Can an employee refuse

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

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

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

• timesheet to prove that the employee is fully following the plan;
• an employment contract that specifies the conditions and schedule of work and rest;
• work schedule for the current period (month, week);
• internal labor regulations, which also spell out work schedules for different categories of employees of the enterprise.

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

Important! If management is pressing, you can involve the union, it will always stand on the side of the worker in such a situation.

Where to go in case of violation of labor laws

Structure of Russian government agencies The authorities provide the deceived employee with several options for applying to restore his rights: the State Labor Inspectorate, the Prosecutor's Office, the court. But one written request will not be enough.

Strong evidence needs to be gathered that he was indeed involved in overtime work and not paid for it. Direct evidence can be a time sheet, in which processing is recorded.

ATTENTION! Look at the completed sample complaint to the labor inspectorate:

But an unscrupulous employer also knows about such an opportunity, therefore, does not display additional work in the timesheets.

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

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

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

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

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

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