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Article about overtime work. Overtime duration

In this article we will look at what is meant by overtime work, what guarantees and compensations are provided to employees, how to formalize their involvement in it and, most importantly, how to correctly calculate and pay for such work.

What kind of work can be considered overtime?

Overtime work complies with the following conditions: (Part 1 of Article 99 of the Labor Code of the Russian Federation):

carried out at the initiative of the employer;
it goes beyond the established working hours for the employee - daily work (shift).

If an employee is late at work on his own initiative, such work is not considered and is not paid as overtime (Rostrud Letter No. 658-6-0 dated March 18, 2008).

Also, the performance of work duties within the framework of irregular working hours is not recognized as overtime work.

If the organization has adopted a summarized accounting of working hours, then in this case, overtime is considered to be work established in excess of the normal number of working hours for the accounting period. The employer must determine the accounting period (month, quarter or other period up to a year) in the internal labor regulations. This is necessary for the correct calculation of hours worked overtime by an employee (Article 104 of the Labor Code of the Russian Federation).

Involvement in overtime work should not be systematic; it can occur sporadically in certain cases (Rostrud letter No. 1316-6-1 dated 06/07/2008).

Overtime duration

Normal working hours are 40 hours per week (Article 91 of the Labor Code of the Russian Federation). The duration of overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation).

Tip one: V reflect the time worked overtime by the employee in the working time sheet (for example, according to form N T-12 or N T-13, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). The employer's responsibility is ensure accurate recording of the duration of overtime work for each employee. Mark overtime hours on the timesheet with the letter code “C” or the number “04”, under which the number of overtime hours is indicated.

True, for some categories of workers, a reduced working time is established, which is normal for them (Article 92 of the Labor Code of the Russian Federation). These include, in particular:

minor workers - from 24 to 35 hours per week depending on age;
disabled people of group I or II - no more than 35 hours per week;
employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week;
women working in the Far North (Article 320 of the Labor Code of the Russian Federation);
teachers (Article 333 of the Labor Code of the Russian Federation);
health workers (Article 350 of the Labor Code of the Russian Federation).

The rules regarding overtime work apply to both employees at the main place of work and part-time workers.

Example 1 . An accountant has a five-day working week and an eight-hour working day from 9.00 to 18.00 (with a lunch break from 13.00 to 14.00). The manager asked the accountant to stay until 20.00 to prepare a report for him. The period of time from 18.00 to 20.00 in this case is overtime work.

Example 2. The locksmith works 5 days a week - from Monday to Friday from 9.00 to 18.00. To eliminate the accident, he was called to work on Saturday from 10.00 to 20.00. Is this considered overtime?

No, this is considered work on a day off and is regulated by Art. 153 Labor Code of the Russian Federation. Thus, if a mechanic receives a salary and has worked a monthly standard of working time, then his work on a day off must be paid in the amount of at least double the hourly rate above the salary (Part 1 of Article 153 of the Labor Code of the Russian Federation). Also, work performed on non-working holidays is not considered overtime.

Who should not be required to work overtime?

It is prohibited to engage the following employees in overtime work:

pregnant women (Part 5 of Article 99 of the Labor Code of the Russian Federation);
persons under 18 years of age,

The exceptions are:

certain categories of creative workers (Article 268 of the Labor Code of the Russian Federation). Their List was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252;
athletes, if a collective or labor agreement, agreements, or local regulations establish the cases and procedure for engaging in overtime work (Part 3 of Article 348.8 of the Labor Code of the Russian Federation);
employees during the period of validity of the apprenticeship contract (Part 3 of Article 203 of the Labor Code of the Russian Federation);
other workers (as a rule, restrictions are established for medical contraindications, for example, for persons with an active form of tuberculosis - Resolution of the Council of People's Commissars of the USSR dated 01/05/1943 N 15; drivers allowed to drive a vehicle as an exception due to a special health condition - Sanitary rules on occupational hygiene for car drivers, approved by the USSR Ministry of Health on May 05, 1988 N 4616-88).

In addition, for some categories of employees there is a special procedure for attracting overtime work. The employer is obliged:

obtain the employee’s written consent;
make sure there are no medical contraindications;
familiarize employees with the right to refuse overtime work upon signature.

Such employees include (Part 5 of Article 99, Article 259, Article 264 of the Labor Code of the Russian Federation):

disabled people;
women with children under three years of age;
mothers and fathers raising children under the age of five without a spouse;
workers with disabled children;
workers caring for sick members of their families in accordance with a medical report;
guardians (trustees) of minors.

Involvement in overtime work with the consent of the employee and without his consent

By order of the employer, an employee without his consent can be involved in overtime work: (Part 3 of Article 99 of the Labor Code of the Russian Federation):

to prevent a catastrophe, industrial accident, and eliminate their consequences;
industrial accident or liquidation of its consequences;
to eliminate the circumstances due to which centralized systems of water, heat and gas supply, transport and communications do not function;
in the event of a state of emergency or martial law and in other emergency situations that threaten the population (fires, floods, etc.).

To attract to work on the specified grounds the consent of the trade union organization, since these circumstances are extraordinary. For refusal to perform such work, a corresponding act is drawn up, and the employee is subject to disciplinary liability.

With the written consent of the employee, you can be required to work overtime in the following cases (Part 2 of Article 99 of the Labor Code of the Russian Federation):

if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to complete this work may result in damage or destruction of the employer’s property or create a threat to life and people's health;
during temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for many workers;
to continue work if the replacement employee fails to appear, if the work does not allow a break.

The employer is obliged to inform certain categories of employees, against signature, of the right to refuse such work. In the Ruling dated November 14, 2006 in case No. 4-B06-31, the Supreme Court of the Russian Federation indicated that Art. 371 of the Labor Code of the Russian Federation provides for the obligation for the employer to make decisions taking into account the opinion of the relevant trade union body, even if he is not a member of the trade union.

Tip two: Verbal agreements can lead to unnecessary disputes. To avoid this, take the position that all employee-employer agreements are drawn up in documentary form. Issue an order requiring overtime work and familiarize the employee with it. The unified form of such an order has not been approved, so the employer has the right to develop it independently. In the order, indicate the reason for involving the employee in overtime work, the start date of work, the employee’s surname, first name, patronymic, his position and details of the document in which the employee agreed to be involved in such work.

Tip three: if a collective agreement or other local regulation establishes the amount of additional surcharge, then indicate this amount in the order. The amount may also be determined by agreement of the parties. Overtime work can be compensated by increased wages or additional rest time at the request of the employee (Article 152 of the Labor Code of the Russian Federation). If the employee has decided on the form of compensation, also include this item in the order. Familiarize yourself with the employee’s order against signature. By the way, the law does not oblige the employer to provide additional rest at a time convenient for the employee. However, the parties can always agree.

Additional rest time

At the employee's request, payment for overtime work can be replaced with additional rest time. How long should this rest be?

Rest time cannot be shorter in duration than time worked overtime (152 Labor Code of the Russian Federation). Thus, if an employee has worked four hours overtime, then the additional rest time provided to him as compensation must be at least four hours. Overtime work in this case is paid at a single rate.

Additional rest time is not paid in any way and is provided on the basis of an order (instruction) of the employer, with which the employee must be familiarized with signature. By the way, this doesn’t have to be a day or a shift. As practice shows, depending on the volume of processing, this can be an hour or several hours.

If an employee is given a whole day of rest, then it should be reflected in the working time sheet with the letter code “NV” or the digital code “28” - as an additional day off without pay (Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). But the situation when the provided rest time is measured not in days, but in hours or minutes, is not provided for by the Resolution and there is no corresponding code. You can indicate on the timesheet only the time actually worked per day, or you can independently develop a designation for such a case and enshrine it in a local regulatory act.

Key points related to overtime work:

request the written consent of employees and the opinion of the elected body of the primary trade union organization;
check whether, according to a medical report, the employed employees are not contraindicated from working overtime;
compensate for work beyond normal working hours;
Reflect in the collective agreement or other local regulations the procedure for attracting employees to overtime work, providing additional days of rest and the mechanism for calculating monetary compensation for overtime (for example, will increased overtime pay include bonus payments);
Keep an overtime log and use it to ensure that employees do not work more than 120 hours per year.

If the procedure for involving an employee in overtime work is violated, the employer is liable in accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation is a fine from 30,000 to 50,000 rubles, and an official who committed a violation is in the amount of 1,000 to 5,000 rubles. If a similar violation is committed again - under Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

All - we learn to competently formalize labor relations from hiring to dismissal.

Overtime work is the performance of a labor function by an employee after completion of the working hours established by the contract on the initiative expressed by the employer. Involvement in it is carried out by written agreement with the employee, but in some cases its presence is not mandatory.

In Art. 99 of the Labor Code of the Russian Federation states that overtime work is considered to be activity performed by an employee outside of his designated working hours at the request of his boss. Let's get acquainted with.

The normal working hours are regulated by current legislation and are equal to 40 hours weekly. The number of working days in a week does not matter - 5 or 6.

For employees under the age of majority:
- From 14 to 16 years old – 24 hours weekly;
- From 16 to 18 years old – 35 hours weekly.
For workers employed in enterprises with hazardous operating conditions – 36 hours weekly.
For medical employees – 39 hours weekly.
For workers with 1 or 2 disability groups – 35 hours weekly.

A different duration of normal working hours is regulated for some persons in the Labor Code of the Russian Federation.

Maximum processing time

The maximum duration of overtime work per year is determined by Art. 99 of the Labor Code of the Russian Federation - no more than 120 hours. The labor process outside the established limits of the working day (shift) cannot be more than 4 hours over the course of 2 consecutive shifts. The employer has the right to independently resolve the issue related to the distribution of the maximum time of overtime work for 2 consecutive shifts.

Interesting information

In some organizations, recording working hours during summarized accounting is mandatory. For example, this applies to the rotation method, according to Article 300 of the Labor Code of the Russian Federation. According to Art. 297 shift work is considered to be the organization of work activities outside the place of residence of workers who are unable to return home every day.

Within the framework of industry legislation, the norms of the Labor Code of the Russian Federation are specified by introducing regulatory legal acts regulating the involvement of specific categories of workers in overtime work. Thus, in accordance with the order of the Ministry of Transport of the Russian Federation No. 15 of 2004, the duration of overtime for drivers working on a summarized basis should not, together with the time of work, be more than 12 hours during the day.

Overtime work with cumulative accounting

The duration of overtime work for each employee depends on the procedure for recording the time spent performing a labor function.

Possible methods:

Daily;
Monday;
Summarized.

In some cases, at the initiative of the employer, an employee may be involved in performing work outside of working hours. We will also find out the payment for them.

Cumulative accounting is the sum of all hours worked during a specified reporting period (for example, a calendar month or year). This method of accounting is used when it is impossible for employees to comply with the normal working hours established by the legislator.

With the summary procedure, a specific reporting period is assigned, within which the duration of shifts may exceed the norm. However, the total number of hours of performing a labor function for the entire reporting period should not contradict the provisions of the Labor Code of the Russian Federation.

There are some nuances in the employee payroll scheme. If an organization uses summary accounting of working hours, it means that the working conditions at such an enterprise do not correspond to traditional ones. For example, constantly forcing employees to work on holidays and weekends, at night, etc.

Typically, increased tariff rates are approved for such workers. Thus, the organization tries to compensate for deviations from the schedule. However, increased wages do not relieve the employer of the obligation to pay for work in “extreme” conditions, according to labor law.

A feature of overtime work activities with the summarized accounting procedure is the calculation of the increase in labor time. Final processing is calculated only at the end of the reporting period (for example, at the end of the quarter). It is important that even in such conditions, the duration of overtime work cannot exceed 4 hours over the course of 2 consecutive shifts or 120 hours during the year (these periods are also established for the daily and weekly time recording methods).

Watch a video that will tell you about overtime payment when recording working time summed up

Example for calculating overtime hours

A practical example of how overtime hours should be calculated when recording working hours in total:

The duration of the reporting period is one quarter;
Working hours (according to the production calendar) are 518 hours per quarter;
In fact, the employee worked 512 hours during the quarter and missed 6 days due to illness.

So, if the normal working week is 40 hours, then in 6 days the employee missed 48 hours (5-day working week, 1 day - 8 hours). Taking into account days missed due to illness, the employee is required to work 470 hours (518-48) in the quarter. Therefore, the processing time is 42 hours (512 – 470). They must be paid in the prescribed manner.

If the maximum duration of overtime work is violated, the employer is held liable. The basis for attraction is the employee working overtime in excess of the established norm and his filing a corresponding complaint with the Labor Inspectorate.

We are ready to answer any questions you may have - ask them in the comments

The concept of weekly normal working hours at enterprises is regulated at the federal level in the Labor Code and is equal to 40 hours (Article 91). But in practice, there are often situations when employees are involved in extra work for additional remuneration. What is the duration of overtime for each employee? How is overtime limited during the year or month? Let's look into the regulatory nuances.

Recycling standards according to the Labor Code

Overtime work is recognized as work that is performed at the initiative of the employer outside the normal duration of work - shift. According to stat. 99 of the Labor Code, with the exception of certain cases, the consent of an individual is required to attract overtime. And for the accuracy of calculations, it is necessary to ensure personnel records of overtime hours.

At the same time, overtime work should not exceed established limits. Whatever the reasons for excess employment, the duration of overtime work should not exceed 4 hours in 2 consecutive days or 120 hours in a year (stat. 99 Labor Code). It is not allowed to use excess labor:

Pregnant workers.
Minor specialists (under 18 years of age).
Women with young children (under 3 years old) and disabled people are allowed to be recruited only with their consent, after mandatory familiarization with the right to refuse overtime work.

Note! The employer is obliged to ensure that overtime work does not exceed the maximum legal limits. Violation of labor order threatens the manager with administrative liability under Part 1 of Art. 5.27 Code of Administrative Offences.

Recycling rate per year according to the Labor Code of the Russian Federation

So, according to stat. 99 the duration of overtime work should not exceed the limits indicated above. For a year (calendar) – this is 120 hours for one employee. The legal status of the employer and the scope of the business do not matter. How is the maximum amount of overtime per year calculated? How to determine how many overtime hours can be worked per year for a specialist working 5 days a week?

Let's look at an example

Let's assume that the accountant of the company Ivanova T.I. works 8 hours daily with a 5-day schedule. The employer's administration decides to involve her in overtime work. To comply with legal requirements, overtime hours must not exceed 4 hours in 2 consecutive days.

How can you organize the labor process - the permissible duration of overtime:

Monday and Tuesday – 2 hours each.
Monday and Wednesday – 3 hours each.
Tuesday and Friday – 4 hours each, etc.

What duration of overtime is not allowed:

Monday – 2 hours, Tuesday – 3 hours.
Tuesday and Wednesday – 3 hours each.
Wednesday – 4 hours, Thursday – 1 hour, etc.

The days for overtime work are chosen at will, the main thing is to comply with the current statutory limits. 99 TK. At the same time, the maximum number of overtime hours per year for an accountant should not exceed 120 hours. To calculate this figure, you need to know how many overtime hours can be worked per month.

How many hours of overtime are allowed per month?

Using the example of the previous section, it was determined that the processing limit for paired days cannot be more than 4 hours. In most enterprises, employees are involved in overtime work not constantly, but on a one-time basis. After all, if we take into account the permissible overtime of 120 hours per year, the average number of hours per month is 10. This means that specialists can stay overtime for only 2-3 hours per week. It is not for nothing that labor legislation provides for such regulations - the usual length of work time must remain within normal limits so that a person can recover and have time to rest.

However, situations are different, and some employers are forced to leave staff overtime not from time to time, but regularly. In this case, it is imperative to calculate the maximum number of overtime hours per year, based on the total monthly values. Calculations are performed based on data from time sheets, form f. T-12.

Example

Let’s say, continuing the example, for accountant Ivanova T.I. Overtime work is established on Tuesdays and Fridays in the amount of 3 hours. But such processing is not required for all months, but only for the second and fourth working weeks of the reporting periods, that is, for January, April, July and October. We will calculate whether the requirement of the stat. 99 on the limitation of annual overtime employment.

Number of overtime hours for 2017 = 12 hours (January) + 12 hours (April) + 12 hours (July) + 12 hours (October) = 48 hours.

Accordingly, the norm of the Labor Code of the Russian Federation that overtime work should not exceed 120 hours per year is fulfilled in relation to employee Ivanova T.I. The company does not violate the law in the field of labor legislation. Salaries are calculated in accordance with Stat. 152 TK.

Conclusion - in this article we figured out that overtime work cannot exceed 120 hours per year. When calculating, it is necessary to take into account the number of working days in a month and the limit on maximum processing in two days - 4 hours. Time is recorded in timesheets for each employee separately.

1. From the concept of overtime work given in Part 1 of Article 99 of the Labor Code of the Russian Federation, it follows that it is carried out at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

2. A significant feature of the commented article (in addition to the definition of the concept of overtime work) should also include changes to the procedure for attracting overtime work. Remaining in general on the position of freedom of labor, the commented article allows the employer to engage an employee in overtime work only with his written consent and in strictly specified cases (clauses 1 - 3, part 2).

At the same time, the article in question makes it possible to involve an employee in overtime work without his consent in cases of various emergency circumstances and provides for such circumstances (clauses 1 - 3, part 3) that do not contradict international standards and part 4 of Art. 4 TK.

In all other cases, in addition to those specified in clauses 1 - 3, part 2 and clauses 1 - 3, part 3 of this article, involvement in overtime work is permitted with the written consent of the employee, taking into account the opinion of the elected body of the primary trade union organization.

Work beyond the established working hours of persons with irregular working hours is not considered overtime.

The basis for engaging in overtime work is an order (instruction) of the employer. If the corresponding order was not issued, but it is established that there was a verbal order from one of the managers (for example, a foreman), the work should also be considered overtime.

3. According to Part 5 of Art. 99 of the Labor Code of the Russian Federation, pregnant women, workers under 18 years of age and other categories of workers in accordance with the Labor Code and other federal laws, for example, persons with whom an apprenticeship agreement has been concluded (Part 3 of Article 203 of the Labor Code) are not allowed to work overtime.

Women with children under 3 years of age may be allowed to perform such work with their written consent and provided that overtime work is not prohibited for them for medical reasons. A similar procedure is established for people with disabilities. At the same time, both of them must be familiarized with a signature of their right to refuse overtime work. These guarantees also apply to employees with disabled children under the age of 18; workers caring for sick members of their families in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation; mothers and fathers raising children of the appropriate age without a spouse (Part 3 of Article 259 of the Labor Code), and for guardians (trustees) of minors (Article 264 of the Labor Code).

4. As follows from the content of Part 5 of Article 99 of the Labor Code of the Russian Federation, the prohibition to involve workers of specific categories in overtime work is established by the Labor Code or other federal law. However, this does not mean that with the adoption of the new Labor Code, similar guarantees established for certain categories of workers by by-laws lose their significance. They are subject to application until the adoption of the relevant federal laws (Article 423 of the Labor Code). Therefore, it is also impossible to involve persons with an active form of tuberculosis in overtime work; workers involved in the production of particularly harmful substances (benzidine, dianisidine, alpha and beta naphthalamine), working with radioactive substances and sources of ionizing radiation; at vibration-hazardous and other jobs.

Overtime work is compensated by increased payment or (at the employee’s request) by the provision of additional rest time of no less than the time worked overtime (see Article 152 and commentary thereto).

5. Art. 99 of the Labor Code of the Russian Federation provides for the maximum, i.e. the maximum permissible number of hours of overtime work per year and for 2 consecutive days for each employee. Industry agreements, collective agreements, regulations on working time and rest time for certain categories of workers may also establish a maximum monthly number of hours of overtime work.

The duration of overtime work should not exceed 4 hours for each employee for 2 consecutive days and 120 hours per year.

The employer is required to ensure that each employee's overtime hours are accurately recorded. For work time tracking, see comment. to Art. 91

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:

1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at 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) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

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

An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:

1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sewerage systems, gas supply systems, heat supply, lighting, transport, communications;

3) when performing 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 circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

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

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.

The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

The employer is required to ensure that each employee's overtime hours are accurately recorded.

Comments to Art. 99 Labor Code of the Russian Federation

1. Overtime work is work performed at the initiative of the employer in excess of the standard working time established for the employee during the working day (shift) or during the accounting period. Involvement in overtime work is carried out by the employer with the written consent of the employee in the exceptional cases specified in the commented article and in other cases.

Involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

When considering an employer’s application for overtime work, the elected body of the primary trade union organization finds out:

1) the true reasons for engaging in overtime work;

2) whether these reasons and cases are exceptional, provided for by the Labor Code;

3) whether the employee candidates fall into the category of persons who cannot be involved in overtime work.

2. The following are not allowed to work overtime: pregnant women, workers under the age of 18, and other categories of workers in accordance with federal law.

In practice, the following is not considered overtime:

1) work performed by a part-time employee beyond the time stipulated by his employment contract, but within the maximum working hours established by law, although involvement in such work is permitted on the same grounds as overtime work. Overtime overtime in excess of the established working hours is not considered for persons with irregular working hours and employees working part-time;

2) work beyond the established working hours while working standard hours with a flexible work schedule;

3) work in which the actual duration of daily work on certain days may not coincide with the duration of the scheduled shift;

4) work beyond the stipulated working hours for employees with irregular working hours, if it is compensated by additional leave;

5) work during vacation hours without pay, work performed part-time (in excess of the established working hours), as well as work performed by an employee in excess of the working hours stipulated by the employment contract, but within the established duration of the working day (shift), working part-time;

6) work in excess of the established working hours, performed in the form of external and internal part-time work.

The legislator has defined a special procedure for attracting an employee to overtime work, a list of circumstances that can serve as a basis for attracting an employee to perform this work.

The employer must obtain permission to perform overtime work from the elected body of the primary trade union organization before starting work. Only in emergency cases (natural disaster, accident, absence of a shift worker), when it is impossible to obtain prior permission, overtime work can be carried out with subsequent notification of the trade union body.

3. Involving disabled people and women with children under 3 years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. They must be informed in writing of their right to refuse overtime work.

In jobs with dangerous and (or) harmful working conditions, as well as when the work shift lasts 12 hours, overtime work is not allowed.

4. Overtime work is used only in exceptional, unforeseen cases. Overtime should not be used to complete routine tasks.

5. The employer has the responsibility to keep accurate records of overtime work performed by each employee.

6. If summarized accounting of working time is used, in which the actual duration of daily work may be more or less than provided for according to the schedule, and these deviations are balanced (mutually canceled out) within the accounting period, then overtime hours are recognized not in excess of the shift according to the schedule, but in excess norms of working hours for the accounting period (see commentary to Article 104 of the Labor Code).

7. The employer issues an order to perform overtime work, having received the consent of the trade union body, which indicates the type of work and the reasons for its implementation, the category of workers involved in overtime work. However, if the employer did not issue such an order, but his verbal order was given, then the work is considered overtime.

Work is recognized as overtime regardless of whether it was part of the employee’s normal job duties in his profession, specialty, or whether the employee performed another job duty assigned to him by the employer in another profession, specialty, or position.

8. The concepts of “overtime work” and “irregular working hours” have different legal content and, accordingly, different legal regulation. Consequently, restrictions on the duration of overtime work cannot apply to workers with irregular working hours.

As a general rule, work beyond the established working hours performed by an employee with irregular working hours is compensated by annual additional paid leave.

Overtime work, as a general rule, is compensated by increased pay, the possibility of which, at the request of the employee, can be replaced by additional rest time.