ORDER
"___"__________ ____ city N _____ city _____________
In connection with the production needs of the institution and with the consent of the employee (application No. ___ dated "___"________), guided by clause 1 of Art. 152 Labor Code of the Russian Federation,
I ORDER:
1. Engage “___”_________ ____ to work overtime from ____ hours to ______ hours (no more than 4 hours for two days in a row and 120 hours per year)
Ivanov Ivan Ivanovich, ___________________________________________________________________________
(structural unit) position (specialty, profession), rank, class (category) of qualifications
2. Ivan Ivanovich Ivanov to perform work _______________________________________________ overtime with payment
(specify the nature of the work)
in accordance with current labor legislation.
3. Chief accountant _________________________________________________ when
(FULL NAME.)
when calculating the salary of Ivan Ivanovich Ivanov, be guided by this order.
4.______________________________________________________________ provide accounting
(position, full name)
duration of overtime work of Ivan Ivanovich Ivanov.
5. Familiarize all performers with this order against signature.
Basis: _________________________________________________,
the employee’s consent (application) for overtime work dated “___”__________ ____, clause 1 of Art. 152 Labor Code of the Russian Federation.
Head of the institution: ____________(_______________)
Approximate wording of entries in the order
- due to the need to complete (finish) the work begun, which, due to an unforeseen delay due to technical production conditions, could not be completed (finished) within the established working hours, because failure to perform (non-complete) this work may result in damage or destruction of the employer’s property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property (clause 1 of part 2 of Article 99 of the Labor Code of the Russian Federation );
- due to the need to complete (finish) the work begun, which, due to an unforeseen delay due to technical production conditions, could not be completed (finished) within the established working hours, because failure to perform (non-complete) this work may create a threat to the life and health of people (clause 1 of part 2 of Article 99 of the Labor Code of the Russian Federation);
- for carrying out temporary work on the repair and restoration of mechanisms (structures) (clause 2 of part 2 of Article 99 of the Labor Code of the Russian Federation);
- to continue work if the replacement employee fails to appear (clause 3 of part 2 of Article 99 of the Labor Code of the Russian Federation);
- to carry out work necessary to prevent a catastrophe, industrial accident (clause 1 of part 3 of article 99 of the Labor Code of the Russian Federation);
- to carry out work necessary to eliminate the consequences of a disaster (industrial accident, natural disaster) (clause 1 of part 3 of article 99 of the Labor Code of the Russian Federation);
- to carry out work to eliminate malfunctions of the water supply system (gas supply, heating, lighting, sewerage, transport, communications) (clause 2 of part 3 of article 99 of the Labor Code of the Russian Federation);
- for carrying out work, the need for which is due to the introduction of a state of emergency (martial) (clause 3 of part 3 of Article 99 of the Labor Code of the Russian Federation);
- for carrying out urgent work in conditions of fire (flood, famine, earthquake, epidemic or epizootic, etc.) (clause 3 of part 3 of article 99 of the Labor Code of the Russian Federation).
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Employee consent
According to the law, registration of irregular work is possible only with the consent of the involved employee. But Article 99 of the Labor Code lists exceptional situations in which consent is not required:
- industrial accident;
- emergency situations or martial law;
- breakdown of life support equipment for the population (water or electricity supply, gas supply system, etc.).
There are several categories of citizens who can be involved in overtime only with their consent, regardless of the reason:
- persons with disabilities;
- mothers of children under three years of age;
- single parents of children under five years of age;
- citizens caring for a child or sick relative.
The consent is drawn up in free form ().
It states:
- organization details;
- information about the employee;
- consent to work outside of school hours;
- date of compilation and signature.
IMPORTANT! Pregnant women and minor employees employed on the basis of a student employment contract are prohibited from being involved in additional work.
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Answers to common questions about overtime work order sample
Question No. 1: Is it necessary to note on the time sheet the fact that an employee worked overtime?
Answer: Yes, a separate time sheet for overtime work must be generated in the HR department.
Question #2: Is it possible to give an employee time off for working overtime by simply marking the day off as a working day on the time sheet?
Answer: No. This will simplify the paperwork, but if an accident occurs with an employee while on leave, the employer will have problems, since the day will be marked as a working day.
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Recruitment procedure
The Labor Code states that an employer can compulsorily engage in additional work only in exceptional cases (Part 3 of Article 99):
- to prevent accidents;
- for socially necessary purposes to eliminate accidents;
- during a state of emergency or in wartime.
Before issuing a sample order for overtime work for a group of employees, the organization must obtain the employee’s written consent to perform their duties beyond the norm.
At the same time, categories of persons are listed who not only must provide this document, but also confirm that they are familiar with the right to refuse to leave during their non-working hours:
- disabled people;
- women with children under three years of age;
- parents raising children under 5 years of age alone;
- parents of disabled children;
- workers who, for medical reasons, care for sick family members;
- guardians (trustees) of minors.
Related documents
- Minutes of the meeting of the trade union committee
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- Certificate of acceptance and transfer of equipment. Equipment commissioning certificate
- Certificate of acceptance of products for quality (Certificate of defects)
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How is overtime worked?
Employees are required to work overtime on the basis of an order from the head of the organization.
The order indicates the reason and time of overtime work, the workers who perform it, and the amount of additional payment for overtime work.
Even if the order for overtime work was not issued, but there was a verbal order from the manager, work outside working hours is still overtime work and is paid at an increased rate. This is what the Russian Ministry of Labor noted in the commented letter.