Consent to overtime work 2021 and 2021

Company managers sometimes have to involve workers in overtime work. This may be due to a force majeure situation, inventory taking, failure to meet the production plan and other reasons. But some employers may have a question: how to properly document this, since the employee has already worked a shift and has the right to rest?

Overtime work is regulated by the provisions of Art. Labor Code of the Russian Federation. This article states that the employer has the right to involve a hired employee in processing only after receiving his written consent. That is, to do this, the employee must write an application for overtime work, a sample of which we will provide below.

In what situations is it necessary to write a statement and when can you do without it?

To get an answer to this question, we must again turn to Art. 99 Labor Code of the Russian Federation. The employee's written consent will be required in the following cases:

when there is an urgent need to complete work that has been started, but which was not completed in a timely manner due to an unforeseen delay (if failure to complete the work will lead to the loss of property or create a threat to people’s lives);
to carry out repairs and restoration of equipment or structures (if a malfunction puts many employees out of work);
when one of the employees did not come to work and there was a need to replace him (if the work does not allow a break).

What is a claim for overtime?

An application for overtime work is a document expressing the consent of a specific employee to perform work functions after hours, on weekends or holidays. The application is drawn up in the name of the employer (head of the organization). The document can be written by hand or typed on a computer.

The sequence of actions will be as follows:

the employer notifies the employee that there is a need to carry out work activities outside the duration of the established work shift or schedule;
the employee writes an application for overtime, in which he expresses his consent to work outside of normal hours, and submits it to the employer for approval;
the employer issues an order to involve the employee in overtime activities.

To confirm his consent to off-hour work, the employee does not have to write a separate statement. It is enough to put your signature opposite the line “I agree” in the notice of engagement in overtime work drawn up by the employer.

The employer must understand: if an employee refuses to stay after work or go to work on his day off, he does not have the right to force him to work overtime. It is also unacceptable to apply administrative penalties to an employee just because he decided to refuse to work outside of normal working hours.

Is it possible to refuse to work overtime?

By law, an employee has the right to refuse to go out after hours (except for the above cases, when consent is not required). Having made such a decision, he may not comply with the manager’s request to leave. This will not be classified as truancy and will not result in disciplinary action.

If the employer ignored the employee’s lawful refusal and brought him to disciplinary liability for absence from the workplace, this is regarded as a violation of labor rights. In this case, the citizen can file a complaint with the labor inspectorate or the court.

According to the provisions of Art. 5.27 of the Administrative Code, the employer will be fined:

1-5 thousand rubles. – for officials and owners of individual enterprises;
30-50 thousand rubles. - for legal entities.

If the violation is repeated, the penalties are toughened: the amount of the fine for organizations increases to 70 thousand, and disqualification is applied to officials for up to 3 years.

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

How long can it last

It must be clearly understood that the maximum duration of activities outside of school hours at the initiative of management is fixed in law. In accordance with Part 6 of Article 99 of the Labor Code of the Russian Federation, this is no more than 120 hours per year. There is a more convenient guideline - no more than 4 hours over two days. However, from June 29, 2017, thanks to Federal Law No. 125 dated June 18, 2017, if personnel perform overtime work on their day off or holiday and if such activity is paid at an increased rate or is compensated by providing another day of rest in accordance with Article 153 of the Labor Code, then the duration of such work is not limited according to the rules of Article 99 of the Labor Code of the Russian Federation. For example, an employee was brought to work on his day off, the work was delayed, and instead of the required eight hours he worked ten. The employee will receive money for the shift on his day off, but there are still two hours of overtime left. If these two hours are paid (at an increased rate) in the manner prescribed by Article 153 of the Labor Code of the Russian Federation, then they will not be accounted for as overtime.

By law, it is the employer who is required to keep records of the time worked by the employee. If it turns out that management violates labor safety requirements or otherwise neglects the rules for attracting citizens to additional work, the company and its officials face fines under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

What is an overtime claim?

In a general sense, an application for overtime hours, a sample you will find below, means a written document of consent to work overtime. At the same time, in the same form, the employee can indicate a request for payment of earnings for overtime. Why is this document being compiled?

In accordance with the norms of stat. 99 of the Labor Code, an employer can use overtime work of personnel only with his consent (written) in the following situations:

To complete work already started earlier, which for various reasons (for example, technical) could not be completed within the usual time frame.
To perform temporary repair work if a malfunction that is not corrected in time will result in the suspension of work for a significant number of personnel.
To replace a specialist who did not show up, if the activity is of a continuous nature.

In some situations, the employer does not need the specialist’s consent to overtime. Such cases are usually associated with emergencies, force majeure, emergency or martial law. In addition, certain categories of employees are strictly prohibited from being involved in overtime, even with their consent. And other individuals (women with children under 3 years old, disabled people) can only be involved with consent.

Payment for overtime hours on a shift schedule

When can an employee be required to work overtime?

If an employer requires employees to perform any work overtime, the employer must understand when it needs to obtain the employee's written consent and when it does not. Consent is not required in the following cases:

When the following work is required:
to eliminate the consequences of accidents that have already occurred;
to eliminate destruction after natural disasters.
When it is necessary to carry out work due to the fact that a state of emergency (or martial law) has been declared. The same applies to work performed to prevent threats to the life and health of citizens.
When it is necessary to eliminate the causes of disruptions in the operation of vehicles, communications, water supply, heating, lighting, sewerage.

In the following cases, asking for the employee’s written consent is required, otherwise engaging in overtime work will be considered illegal:

when a shift worker does not show up for work, and the technological process cannot be interrupted;
when it is necessary to troubleshoot, restore, repair equipment or installations, due to disruption of which production will stop and a large number of employees will be left without work;
when it is necessary to finish work that has already begun if it cannot be left unfinished due to damage or other damage to the enterprise.

There is a list of employees who cannot be involved in work beyond the norm, even if they are ready to give their written consent. These include:

women expecting a child;
minor employees;
employees with whom a student agreement has been concluded.

The following employees must first give written consent, otherwise they cannot be forced to perform work outside of normal working hours:

mothers (or single fathers) of children under 3 years of age;
disabled people of any disability group (work should not worsen their health).

The law also establishes restrictions on the involvement of enterprise employees in overtime work:

overtime work can be performed for a maximum of 4 hours and no more than 2 days in a row;
the total number of overtime hours worked per year should not exceed 120 hours;
When working overtime, employees are given additional time to rest.

How to make an application for payment for processing - sample

Therefore, in order to justify the need for staff rework, it would be optimal for the employer to have a statement from the employee. Such a document is always filled out in writing, in any form. The employee personally indicates that he does not object to overtime and indicates a request for payment of the due remuneration.

What information must be included in the application? The full name and position of the employer's manager, full name and position of the specialist must be provided. Further, the citizen explains that he does not object to being involved in overtime work and indicates the exact time of overtime. Additionally, you should include a reason to justify the overtime. If an employee has the right to refuse overtime, it is necessary to add a proposal to inform the employer.

Application for overtime work - sample

to CEO

Digital Systems LLC

Smirnov Anatoly Nikolaevich

from a retail store salesperson

Chernova Elena Alexandrovna

Statement

I, Elena Aleksandrovna Chernova, agree to go to work overtime for 4 hours on June 14, 2021 from 17.00 to 21.00 due to the need to replace the employee Semenov Andrey Sergeevich who did not show up.

I have been informed by the employer of the right to refuse to engage in overtime work on the basis of stat. 99 of the Labor Code of the Russian Federation, since I am raising a child aged 2 years.

I ask you to pay for overtime hours in the amount established by the Regulations on the remuneration of Digital Systems LLC.

06/14/2018 ______________ /Chernova E.A./

If you find an error, please select a piece of text and press Ctrl+Enter.

When is employee consent required?

To arrange for an employee to work overtime, you need to receive written confirmation from him when the call to work is due to:

the need to complete the work started;
urgent replacement of an employee in a production facility that is operating smoothly;
sudden breakdown of working mechanisms with disruption of the technological process (an employee is involved in eliminating the consequences).

You may be interested in : Duration of overtime work under labor law

Article 99 of the Labor Code defines several categories of citizens who can be called to work overtime only with their consent:

disabled people;
women raising one or more children under three years of age;
single parents of children under five years of age;
parents of disabled children;
employees caring for disabled or incapacitated relatives;
persons who are guardians or trustees of minor children.

IMPORTANT! Decree of the Government of the Russian Federation No. 252 prohibits the involvement of minors and pregnant women in irregular work, regardless of the reasons. The only exceptions are professional athletes and artists.

In what cases is it written?

In companies with a small number of employees and established trusting relationships between the boss and his subordinates, the need to write an application for time off disappears. All agreements are made verbally and are not notarized.

However, in large enterprises with a large workforce, it is difficult to keep track of everyone.

If an employee goes to work on his day off according to a standardized schedule and subsequently receives the right to not attend the workplace in proportion to the overtime hours worked, then he must formally submit an application for time off for the time previously worked.

This is worth doing so that this opportunity is not lost after a certain amount of time (the boss may forget about overworking one of his employees due to the large number of subordinates).

The general rule proclaimed in Labor legislation is the prohibition of working on weekends and non-working holidays.

At the moment, a new procedure has been established for attracting workers outside normal hours. In all cases, an employee’s involvement in work on non-legal days can only take place with his written consent.

Examples of situations that allow processing:

Entering the workplace to complete urgent work;
Elimination of the consequences of any accidents in the workplace;
Exit due to replacement of an absent employee;
Going on a business trip on non-working days or holidays.

You can also request time off:

on account of vacation - an example of an application;
at your own expense - a sample application;
for performing the functions of a donor - .

How to properly file an overtime invoice?

All applications for time off have a standard form (skeleton) and are only slightly adjusted depending on the reason for the time off taken.

In the upper right corner, the first line is the position of the chief. Below is the company name and full name. leader. All words are indicated in the Dative case.

EXAMPLE:

to CEO

LLC "Dental Clinic "Kedr"

Ivanov Ivan Ivanovich

Below the information about the manager, the word “from” is written, and the position and full name are indicated. employee in the Genitive case.

EXAMPLE:

From a pediatric therapist

Kozlov Mikhail Mikhailovich

After all the designations, the word “Statement” is printed below and in the center of the sheet.
The text of the statement itself is written directly with approximate content:

“Please give me a day off from work on “__” _______ 20___ for the time previously worked. Overtime work occurred on “__” _______ 20___ due to my replacing an absent employee.”

Date the application was created.
Applicant's signature.

applications for time off on account of previously worked overtime – word.

Sample writing for working on a weekend or holiday

If it happened that an employee urgently needed to visit his workplace on a weekend or holiday, and subsequently decided to take time off for these hours worked, then he should know about the peculiarities of writing an application.

The “header” - that is, all the contact information in the upper right corner of the sheet - remains the same regardless of any possible nuances.

In the “skeleton” - that is, in the main content of the application, it is necessary to indicate the desired day of absence from work and the reason why the boss should provide this pass.

After writing the application, it is transferred to the company’s accounting department, and then submitted to the head of the enterprise for signature.

The application becomes valid only from the moment the manager’s signature appears on it. The time for submitting it must be calculated so that the general director has time to consider it.

In addition, if it is not possible to provide the employee with time off at the time specified in the application, the manager has the right to offer to transfer it to another date or to compensate for everything in cash.

applications for time off for working on a public holiday - word.

For performing duties while on vacation

An employee can compensate for his time spent in connection with going to work and performing duties on the day of vacation either by extending the current (subsequent) vacation, or by receiving days off, which the employee can manage independently.

Depending on the decision made, different options for events will be determined.

If a subordinate takes time off, the application for him will take a standard form.

When extending leave, it is necessary to make amendments to the timesheet, which can be done in the company’s accounting department or by contacting the general director of the enterprise directly.

For work on a business trip

It happens that urgent business trips fall on the employee’s standard weekend or non-working holidays. It is much easier to get your legal rest under such circumstances than under others, for example, those described above, since going on a business trip is accompanied by an order and the right to time off in case of unforeseen funny situations can be officially proven.

To submit an application, you must attach, together with the sheet itself, a package of administrative documents for going on a business trip on certain days, as well as a standardized work schedule.

applications for time off for work on a business trip – word.

conclusions

To summarize, we can highlight the main information:

If certain situations arise that require a particular employee to work overtime, his or her written consent must be obtained.
An employee who has worked overtime has the right to demand a cash equivalent or an additional day off.
When writing an application, you must indicate the date, month and year in which the overtime work occurred. It is also worth noting the date of the desired time off. If possible, the application should be supported by administrative documents.

According to the legislation of the Russian Federation, any work must be paid.

What to do if the employer demands to work more? Will additional work hours be paid?

The article discusses the main aspects of receiving payment for overtime work.

Common mistakes

Error: The employer did not pay for overtime work at an increased rate on the grounds that the employee’s consent is not required to perform work to eliminate the consequences of the accident.

Comment: Even in situations where the employee’s consent is not required, overtime pay is increased.

Error: When calculating payments for overtime work, the employer did not add up additional payments for night and overtime work.

Comment: If work beyond the norm is performed at night, additional payments for night and after-hours work are summed up.

What is "overtime"?

Additional working hours according to the Labor Code of the Russian Federation (Article 99) are considered to be the following hours:

spent on work at the initiative of the employer;
beyond the working period established by the company.

If the initiative comes from the employee, then these additional hours are not considered overtime.

In accordance with the Labor Code of the Russian Federation (Article 91 and Article 99), the normal working period is considered to be 40 hours per week, and additional hours should not exceed 4 hours in 2 days and 120 hours in 1 year.

It is important to take into account that there are persons for whom working hours are reduced:

citizens 14-18 years old (24-35 hours);
disabled people of groups I and II (up to 35 hours);
people whose working conditions are classified as 3rd or 4th degree of danger (up to 36 hours);
women working in the Far North;
medical staff;
teaching staff.

For the categories listed above, additional paid hours will be considered time exceeding the established limits.

Who cannot be involved in additional work?

According to the above, pregnant women and persons under 18 years of age cannot be involved in overtime work.

However, there are exceptions to this rule:

people of creative professions (Article 268 of the Labor Code of the Russian Federation);
athletes (Article 348.8 of the Labor Code of the Russian Federation);
persons working under an apprenticeship contract (Article 203 of the Labor Code of the Russian Federation);
employees with certain medical conditions.

Admission to overtime work hours can be obtained either with or without the consent of the employee. This will be discussed below.

Who can work overtime

Legislators allow almost all categories of workers to engage in additional work. The following employees are excluded:

workers who have not reached the age of majority
pregnant women
athletes
workers who are unable to do additional work due to any illness
citizens engaged in labor activities under an apprenticeship contract

All other employees may be required to work overtime. At the same time, authorized specialists formalize such involvement with an order, which will simultaneously make the processing legal and will serve as a material incentive for the worker.

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.

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

What are the risks?

In order to avoid wasting unnecessary funds, money and nerves, every citizen should remember that in a rule-of-law state it is important to have officially certified documents.

In their absence, it is difficult to prove anything in court. It is for this reason that many workers are left without overtime compensation.

And most importantly: each employee must have with him a copy of the application confirming his agreement with overtime work, and one of the documents (order, memo or notice).

If the rights of certain categories of citizens (people under 18 years of age and pregnant women) are violated, the victims should file a corresponding claim in court.

The methods of payment for overtime work in various organizations are described in the video.

Statement of claim for recovery of arrears of wages for overtime work

Plaintiff:

Respondent:

In accordance with the order of the head of N, I was hired for the position. According to the terms of the employment contract N, I have a daily working week, start time, end time, with a salary of rubles. per month. From to in accordance with Art. 99 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), I was repeatedly involved in overtime work. This fact can be confirmed. However, in violation of current legislation and despite my repeated requests, the employer has not yet paid me wages for overtime work. By virtue of Art. 152 of the Labor Code of the Russian Federation, overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least double the rate. Also according to Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the current amount at that time refinancing rates of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. In accordance with the calculation attached to the statement of claim, the current arrears of wages for overtime work are rubles, interest (monetary compensation) according to the currently valid refinancing rate is rubles. Also, the Plenum of the Supreme Court in paragraph 63 of Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” explains that since the Labor Code of the Russian Federation does not contain any restrictions for compensation for moral damage in other cases violation of the labor rights of employees, the court, by virtue of Article 21 (paragraph fourteen of part one) and 237 of the Code, has the right to satisfy the employee’s demand for compensation for moral damage caused to him by any unlawful actions or inaction of the employer, including in case of violation of his property rights (for example, when delay in payment of wages). Taking into account the nature of the moral suffering caused to me by my employer, expressed in non-payment of funds that I was going to spend, I consider it possible to recover rubles from the defendant. for compensation for moral damage. Based on the above, guided by Articles 99, 152, 236, 237 of the Labor Code of the Russian Federation, I ask: 1. To collect from the benefit arrears of wages in the amount of rubles. behind . 2. To recover interest for the delay in payment of wages in the amount of rubles. 3. To recover compensation for moral damages for the delay in payment of wages in the amount of rubles.

Appendix: 1. Calculation of wage arrears and interest for delayed payment of wages. 2. A copy of the employment contract. 3. A copy of the work book. 4. . 5. Power of attorney or other documents confirming authority to sign the statement of claim.

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How to draw up an order for overtime work sample

An order to engage in overtime work can be drawn up in any form, since there is no unified form, but the document must contain the main sections:

full name of the company, legal form;
place of document preparation, date of execution;
document's name;
a list of employees who are planned to be involved in overtime work;
date and time of overtime work;
information about increased payment (and the possibility of receiving time off);
signature of the manager or authorized person who compiled the document, transcript of the signature.

Even if the employer is accustomed to submitting orders to employees for signature, even after this it is necessary to obtain their written consent in a separate application.

Components of an order

The document consists of a header, introductory, main and final parts. At the top of the page the name of the organization, place of publication, order number and date of signing must be indicated. Then comes the motivation. Most often, the vague and general goal of “production necessity” is indicated, but there are also more specific options for the purpose of issuing an order. For example:

To continue work if the replacement employee fails to show up.
If the bulk of the work could not be completed according to the technical conditions, and if they are not completed, damage to the property of the employer or the state will follow (this situation is discussed in detail in the first paragraph of Article 99 of the Labor Code of the Russian Federation).
If failure to perform the prescribed work may pose a risk to human life.
If this is temporary equipment repair work.
To prevent a disaster.
Due to the need to troubleshoot problems in electricity, gas supply and other utilities systems.

When formulating the motives that should motivate a manager, it is better to quote the Labor Code. The goals should not go beyond its scope, otherwise the employee will have the right to bring his employer to administrative responsibility for non-compliance with the law and Labor legislation in particular.

Main part of the order

This part of the order lists specific persons who are involved in overtime work. In this case it is necessary to indicate:

The exact name of the employee.
His position.
Specialty or profession.
If there is a rank or class, level of qualification.
The specific nature of the proposed work.

In addition to the employee himself, who must work overtime, the order also specifies all persons who should be aware of such changes in the work schedule at the enterprise:

The work manager who controls their implementation must be aware of the activities being carried out.
The accountant or other person who handles payroll should be aware of overtime and pay accordingly.

The final part of the order usually states the grounds for its issuance. These can be various kinds of documents, contracts, etc. But the main point is that the employee himself agrees that he has nothing against overtime work.

Without an officially executed application or consent to work overtime (or a signed notice) from the employee himself, the employer has no right to issue an order for overtime work.

How to write an agreement to engage in overtime work