Articles 97, 99 and 101 of the Labor Code of the Russian Federation clearly describe restrictions related to involvement in overtime work. The following categories of persons are not subject to involvement in overtime work:
Teenagers under 18 years of age.
Future mothers.
Those who combine work with study.
Some employees have stockholder database the right to sign a notice of their right to refuse SR. Among them:
People with disabilities.
Mothers with children under 3 years of age.
Mothers and fathers raising children alone.
Guardians of minors.
When engaging these workers in overtime work, it is necessary to obtain their consent to work. Otherwise, it will be considered a gross violation of human rights.
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Rules for processing
Working beyond the established schedule is not the norm for the functioning of the enterprise, which means that in order to engage in it, it is necessary to obtain written consent from the employee (the exception is the need to eliminate the consequences of disasters, work to ensure the supply of water, natural gas, lighting, etc. to the enterprise, as well as when a state of emergency or martial law is introduced).
In this regard, the inclusion in regulatory legal acts of a clause on mandatory consent to work overtime is a gross violation of the Labor Code of the Russian Federation.
Every instance of an employee being called to work overtime must be documented.
Be sure to provide a clear reason, do not use general phrases like “Due to production needs,” because this concept itself does not reveal the real reason for working outside the schedule.
Often, the process begins with the initiator of overtime work (the head of the structural division of the enterprise) drafting a report or memo. As a rule, the text of the memo includes:
the reason why employees are required to work overtime;
list of persons involved in activities outside the schedule;
duration of overtime work, time of its completion;
recipient of the note (the director of the enterprise or his authorized representative);
date, time and signatures of employees.
Based on this document, the director decides how appropriate it is to involve a particular employee in overtime work. In doing so, he can call the initiator for a conversation and demand that he justify such a decision.
Rules for processing
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Most often, the manager puts his resolution in the note, for example, “To the order” or any other content, which is addressed to the head of the HR department (in order to collect the documents necessary for drawing up the order or generating notifications), as well as to the chief accountant for the correct calculation of payments to employees working overtime.
After receiving approval from the head of the enterprise or another competent person, as a rule, the head of the HR department generates notifications for everyone involved in overtime work, with a focus on the service (report) note.
The text of the notification of overtime work may be free, but it must necessarily include the following:
last name, first name, patronymic and position of the person(s) involved in activities outside the schedule;
reason for performing overtime work;
their duration and period;
nuances regarding payment;
date and signature of the head of the personnel department.
An additional section of the document is the employee's consent or refusal to work overtime, if there is no emergency or other circumstances. This section can be printed on the back side. Below we will give examples of how overtime is paid according to the Labor Code of the Russian Federation.
Calculating the cost of an hour of