Labor Code of the Russian Federation Article 99 in the new edition. Labor Code

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.

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 it is necessary to perform (finish) work 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 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, 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 performing 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.

Legal advice under Art. 99 Labor Code of the Russian Federation

Stepan Abasheev

Subject of my question: Labor disputes (Protection of employee rights) Today at 10:00 - 11:00

Zoya Timofeeva

Can I refuse overtime work if it is not paid, but instead of payment, time off is provided?

• Question answered over the phone

Inna Baranova

how long should a pregnant woman stay at work?

• Question answered over the phone

Evdokia Sorokina

CAN AN EMPLOYER HAVE THE RIGHT NOT TO PAY FOR OVERTIME HOURS, AND WITHOUT THE EMPLOYEE’S CONSENT, TO PROVIDE DAYS OFF?

• Question answered over the phone

Gennady Leshenkov

I need help with the labor code. Single mother, 2.5 year old child. can she be required to go to work in the evening from 18.00 to 22.00. management was told more than once that there was no one to leave with the child. please tell me, maybe there is some clause in the legislation that will help a young mother prove that she is right?

• Lawyer's answer:

• Valeria Ryabova

Alla Sorokina

Payment for processing work. time. The management refused to provide the employee of the Ministry of Internal Affairs with time off for overtime, and he was dismissed into retirement. How can a pensioner of the Ministry of Internal Affairs receive payment for overtime through the court if the organization does not provide primary documents?

• Lawyer's answer:

  22. Payment of overtime, including in Chechnya According to the Law of the Russian Federation “On the Police” and the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, employees are subject to a limitation on the duration of overtime work established by Article 99 of the Labor Code of the Russian Federation, no more than 120 hours per year . Serving under the enhanced version in excess of 120 hours per year can only be compensated by providing additional rest time, since funds for these payments are allocated by the Russian Ministry of Finance strictly at the rate of 120 hours per year. (this is the peculiarity) Compensation payments for work beyond the statutory working hours, on weekends and holidays, at night, are made only within the limits of funds for salary in accordance with paragraph 13 of Order of the Ministry of Internal Affairs of Russia dated September 30, 1999 No. 750 For night work, an additional payment is made at the rate of 35 percent of the hourly rate, calculated by dividing the monthly salary by the average monthly number of working hours in a given calendar year. Payment for work on weekends and holidays is made in the amount of a single hourly or daily rate in addition to the salary, if work on a weekend (holiday) day was carried out within the monthly standard working hours, and in the amount of a double hourly or daily rate, if work was carried out in excess monthly working hours. The daily rate is determined by dividing the monthly salary by the average monthly number of working days in a given calendar year according to the calculated schedule of a five-day working week. Overtime work is paid for the first two hours at no less than one and a half times the rate, and for subsequent hours - at least twice the hourly rate, calculated by dividing the monthly salary by the average monthly number of working hours in a given calendar year. If they don’t give you the primary information, then petition the court (maybe in the lawsuit itself) so that the defendant provides the corresponding information. documents, although it is doubtful that they will change all the documents there. Invite witnesses if necessary. During processing, with each new call, an order must be issued, these orders are registered in the order book (Let the defendant present both the report card and orders and testify under penalty of perjury)

Victoria Makarova

Question. The duration of overtime work should not exceed 120 hours per year for each employee. Why aren’t they allowed to work more than 120 hours a year if the employee himself doesn’t mind?

• Lawyer's answer:

  Labor laws limit the maximum duration of overtime work. For each employee, it should not exceed four hours for two consecutive days and 120 hours per year. Therefore, the organization must keep accurate records of how many hours each employee worked overtime. This is the requirement of Article 99 of the Labor Code of the Russian Federation. If it is violated, the labor inspectorate in Moscow, during an inspection, may fine the organization and manager under Article 5.27 of the Administrative Code.

Valentina Stepanova

Labor legislation 3. Do I have the right to refuse overtime work and does the employer have the right in this case to change the conditions and obligations so that this overtime work becomes the main one?

• Lawyer's answer:

  Article 99. Labor Code Overtime work is work performed by an employee on 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. Involvement by the employer of the employee to overtime work is allowed with his written consent in the following cases: 1) if it is necessary to perform (finish) work 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 (non-completion ) this work may entail 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, or create a threat to the life and health of people; 2) during production 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 in the absence of a replacement employee, 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. The employer's involvement of the employee in overtime work without his consent is permitted in the following cases: 1) when performing work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster disasters; 2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems; 3) when carrying out 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, the involvement 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. Employer is obliged to ensure accurate recording of the duration of overtime work for each employee.

Victor Baklushkin

Does an employer have the right to leave an employee, against his will, to work overtime?

• Read your company's collective labor agreement. Everything should be written out in it. Previously, this was possible with a vague formulation: in case of production necessity, natural disasters, etc.

Diana Kozlova

Help with a question. The employee, with a written agreement, but without the issuance of an order by the shop manager, was involved in overtime work within 4 hours after the end of the work shift. The trade union organization considered that labor legislation had been violated. How is overtime work organized and does this require the participation of a trade union organization?

• Lawyer's answer:

  Labor Code of the Russian Federation: Article 99. Overtime work 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 it is necessary to perform (finish) work 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 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, 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 performing 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 water supply, gas supply, heating, lighting, sewerage, transport, and communications systems; 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. _____ An employer's involvement of an employee in overtime work is allowed with his written consent, that is, there must be an order, written consent - this is the answer to the first question. In other cases, involvement 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 - here is the answer to your second question.

Vitaly Tsvetukhin

What is the difference between overtime and overtime and how is it paid?

• Lawyer's answer:

  Firstly, overtime work is work that is performed at the initiative of the employer. The concept of overtime work is given in Article 99 of the Labor Code of the Russian Federation. First of all, this is work that is performed outside the working hours established for the employee. Let’s say an organization keeps daily records of working hours. According to internal labor regulations, an employee works five days a week and rests two days. His working day is eight hours. In this case, working more than eight hours a day for the employee will be considered overtime. Now how to properly register overtime work. First of all, there must be a corresponding order or instruction from the manager. But issuing an order is not all. The employee must agree to work overtime in writing. This is the requirement of Article 99 of the Labor Code of the Russian Federation. The employee can write a statement or sign an order that he agrees to work overtime. If an employee has an irregular working day, then there is no question of overtime work. Since this mode of work initially assumes that, by order of the manager, the employee may occasionally be involved in work outside the working day. This is indicated. Overtime in this case is compensated by additional rest time (). There is no charge for processing.

Kirill Goloushev

Is the employee’s consent required and in what form when engaging him in overtime work? Is the employee’s consent required and in what form when engaging him in overtime work?

• Lawyer's answer:

  The employee’s signature on the order simply means that he has read the order. Article 99 of the Labor Code of the Russian Federation clearly regulates the organization of overtime work and literally states the following: Involving an employee in overtime work by an employer is permitted with his written consent in the following cases: 1) if it is necessary to complete (finish) the work begun, which due to an unforeseen delay due to technical production conditions is not could be completed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may result in damage or destruction of the employer’s property (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. The employer's involvement of the employee in overtime work without his consent is permitted in the following cases: 1) when performing work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster disasters; 2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems; 3) when carrying out 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, the involvement 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, workers under the age of eighteen, and other categories of workers in overtime work 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. Employer is obliged to ensure an accurate record of the duration of overtime work for each employee. In this article, written consent is understood not as a signature in the order, but as an agreement actually written by the employee with overtime work.

Valentina Sokolova

Question for specialists in the field of labor legislation and labor protection. I am a system administrator in the state civil service. The working day is normalized from 9:00 to 18:00. Last week in the evening (after hours) my boss called me and said that we had a power outage at work and the server on which our website runs went down. He demanded that he urgently come and turn it on (and the time was already approximately 20:00). I refused and he forced someone else. Question. Did he have the right to demand this? And most importantly, if an accident happened to me in the server room during non-working hours (for example, I got an electric shock or a fire), who would be responsible for it? The boss would have denied it and said that I came to work after hours on my own initiative. He wouldn't leave any paper trail. If possible, please provide links to legal norms. Thank you in advance.

• Lawyer's answer:

  Dear Vsevolod! You yourself were once a government civil servant... You, of course, had the right to refuse, because it was not your working time. But carefully read your service contract, which establishes irregular working hours for you as a civil servant. This is when an employer occasionally involves an employee in performing his duties. You are a system administrator, which means that server operation is your responsibility. So, there is reason to think... What if there is a reduction? This happens often in the public sector, especially since the organization also has a system manager...

Zinaida Vasilyeva

Can an employer increase the length of the working week citing production needs?

• Lawyer's answer:

  In accordance with Article 97 of the Labor Code of the Russian Federation, the Employer has the right, in the manner established by this Code, to involve an employee in work beyond the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective contract, agreements, local regulations, employment contracts (hereinafter referred to as the working hours established for the employee): for overtime work (Article 99 of this Code); if the employee works on irregular working hours (Article 101 of this Code). In accordance with Art. 99 of the Labor Code of the Russian Federation, the employer’s involvement of an employee in overtime work is allowed with his written consent in the following cases: 1) if it is necessary to perform (finish) work begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) within the time limit established for the employee duration of working hours, if 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, or create a threat to life and people's health; 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... And so on - read more on the internet.

Natalia Solovaeva

Alarm in the Ministry of Internal Affairs. I have a child under 3 years of age. Should I sit at the service until night???. The alarm was announced at about 4 p.m. - everyone was kept until 1-2 a.m. I left at six because... There is no one else to pick up the child from kindergarten. The kindergarten is open until 19:00.

• Not until nightfall, but until the signal is cancelled.

Valentin Bachurin

what is the article in labor protection when work hours are set above the norm?

Peter Korionov

Is it possible to take full-time students to work during the day? They call me to work at night, but I can’t go out because I’m studying! Can I refuse employers? I heard that full-time students should not be called to work at night.

• So the employer doesn’t care whether you study or not! The main thing for him is production. Moreover, Chapter 26 of the Labor Code of the Russian Federation provides guarantees for employees who combine work with training through correspondence or part-time forms of education.

Valentin Makashev

Is it possible for an evening student to be called to work overtime in the aftermath of an accident at a substation?

• Yes, according to paragraph 3 of part 2 of Article 99 of the Labor Code of the Russian Federation, evening students can be involved in overtime work with the consent of the employee to prevent any disaster. In others...

Antonina Kozlova

Question about the rate of overtime per year according to the Labor Code. The Labor Code establishes the maximum duration of overtime work as 120 hours per year. If an employee was called by order to work on weekends and holidays 16 times a year, that’s 128 hours, then we have already violated the Labor Code or what? This despite the fact that the rest of the time the employee worked perfect on schedule.

• Lawyer's answer:

  No. Overtime is work that continues after the end of the working day. Engaging an employee to work on weekends is hiring for a new working day, and not overtime. This is regulated by other norms of the Labor Code of the Russian Federation. LABOR CODE OF THE RUSSIAN FEDERATION Article 99. Overtime work 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),

Zoya Panina

the employee provided a certificate of disability

• So... did you fall into a coma?

Tamara Makarova

work over 180 hours.

• It all depends on the set schedule. But in general, look at Article 99 of the Labor Code, it states that “An employer’s involvement of an employee in overtime work is permitted with his written consent...." Of course, you can send... That...

Larisa?Kovalyova

please advise how. explain to the employer that I am not a robot and I simply physically cannot go to someone else’s shift every other day for a month?

• Lawyer's answer:

  Yes, it’s very easy to explain. Read him the article Article 99 of the Labor Code of the Russian Federation. Paragraph 3 of this article applies to your case. Here is the title of the article and excerpts that are relevant to you: Overtime work 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 workers 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: 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. In this case, you are the shift worker. Please note - with the WRITTEN CONSENT of the employee. In other words, the employer has no right to FORCE you to work overtime (outside the working hours established for the employee). Only if you give written consent to this. Well, if in your company the Labor Code is not in use, and everything happens according to concepts, then only persuasion and pressure on pity.

Daria Sergeeva

Help me please!. In an organization, employees are often required to work overtime. The head of the organization asked the employees to give written consent to be required to work overtime for a month in advance. Does the manager’s request comply with labor legislation?

• Lawyer's answer:

  Strictly speaking - it is impossible. And they have already explained to you why. BUT! There is another point of view. The employer understands IN ADVANCE, based on working conditions and practice, that overtime is NOT possible. And he fulfills all the requirements of the Labor Code of the Russian Federation in advance: upon signature, he introduces the right, indicates the duration of overtime, the period of validity of the consent. I don’t think that the court (or the State Tax Inspectorate) will dig too hard in this case. Especially if in practice a record of overtime is REALLY kept, no one is allowed anywhere beyond the limit, etc. You must understand that in practice not a single Vasya will go to write a written consent (to whom? at six in the evening everyone left the office except him and master), break away from the machine. I do not know of a single case of being called to overtime in writing. At best, it was formalized retroactively. Or so, they stupidly entered the report card without anything. So it’s better ONCE, but IN ADVANCE - than NOT ONE on time.

  Payment for the first two hours of work is not less than one and a half times the rate, for subsequent hours - not less than double the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime. Ksenia, choose the option that suits you and contact the accounting department, relying on the above sources of labor legislation, Good luck to you!

Zoya Fomina

I'm 3.5 months pregnant. I work 44 hours a week. How long, according to labor law, are employees of an enterprise supposed to work? Does an employer have the right to employ pregnant women to work overtime?

• By law, the working week cannot exceed 40 hours per week. According to the Labor Code, pregnant women are not allowed to work overtime. Article 99 of the Labor Code.

Alexandra Timofeeva

What regulatory documents can you refer to when protecting your rights to pay night and overtime? Sorry, I probably didn't express my question accurately. With 4-shift work (every three days) and an accounting period of ONE YEAR of overtime, we cannot do it - since this period also includes the time of the next vacation as a non-working component of the same year. Our complaints regarding annual leave did not find an answer from the company’s lawyer - he directly and honestly told us that “monthly accounting and payment of overtime to us is not profitable for the institute” - he let it slip, of course, but this does not make it any easier for us. I no longer work, and I can only sympathize with those who work and who are still being deceived. She was a foreman of a group of dispatchers at Biokhimmash OJSC and dealt with the issue of payment for processing, but she never achieved anything. If you can, answer the question - what to do with annual paid leave, which seems to be guaranteed by all agreements and the Constitution, but it seems we use it as time off for overtime?

• Labor Code...

Igor Lenshin

Does an employer have the right to force people to work more than 40 hours a week? I work 2 every 2 days, then night, then bedtime and a day off. One of the shift workers (4 of us) goes on vacation, so there are three of us left. Does an employer have the right to split a vacation worker’s shifts among three workers? We strongly disagree. The employer says that he has every right... Is this true?

• Lawyer's answer:

  Overtime work in labor law is work beyond the established (normal) working hours, performed at the initiative of the employer (as opposed to part-time work, when work is performed at the initiative of the employee). In the Russian Federation, involvement in overtime work is permitted without the written consent of the employee in the following cases: when performing work necessary to prevent disasters, an industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster; when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems - to eliminate unforeseen circumstances that disrupt their normal functioning; when carrying out 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 posing danger threat to the life or normal living conditions of the entire population or part of it. An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases: if it is necessary to perform (finish) work begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) within the working time established for the employee, if failure to complete (failure to complete) this work may result in damage or destruction of the employer’s property, state or municipal property, or create a threat to the life and health of people; 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; 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. In other cases of involvement in overtime work, in addition to the written consent of the employee, the employer is required to take into account the opinion of the trade union body; however, this rule does not actually affect the possibility of involving workers in overtime work, since the employer may not agree with the negative decision of the trade union. The absence of the employee's written consent means there is no legal basis for involving him in work. Limitations on the establishment of overtime [edit] An additional criterion, which by law cannot be exceeded in any case, is the inability to engage the employee in overtime work beyond four hours for two consecutive days and 120 hours per year. The following categories of workers are not allowed to work overtime: pregnant women, workers under the age of eighteen, workers of other categories, if established by federal law, for example, workers with whom an apprenticeship contract has been concluded. Involving disabled people and women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. The law requires the employer to ensure accurate records of overtime work performed by each employee, which must be reflected in the time sheet. A separate order is required for each overtime work. It is impossible to draw up an order for overtime work for a long period of time. The real state of affairs In reality, there is a significant discrepancy between the legal norm and the real state of affairs (especially in the non-state sector): workers are often required to work overtime without obtaining their consent

  • Lawyer's answer:

    The idea is to force vryatli. But everything should be written down in your contract. If you have a clause there that the employer can call you to work on any day, regardless of your schedule, then it can. If not, then he may “ask” you to go to work for a separate fee, that is, as a part-time job. ___________ And who is sick - who is not, this is in theory not your concern. The employer should think about this. For a fee, you may be asked to leave. If he doesn’t want to pay for a fee, then let him look for a replacement in the “student teams” - different companies that hire students, then send them to different places of work/replacement in companies (usually chain stores) with which they have an agreement contract But it is also not free, but for a fee.

• Article 97 of the Labor Code of the Russian Federation: The employer has the right to...

Yuri Romakhov

In accordance with the order of the administration for overtime work...

• I'll solve the problem. Paid. Not expensive Damn, what kind of problems are these? Where do you study? What's the point in legal? a university (and even if not a university, in general in any educational institution) give problems that can be solved by referring to one article in the technical code? After all, the ability to find...

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.

Commentary to Art. 99 Labor Code of the Russian Federation

1. Work is considered overtime if it is performed with daily recording of working hours in excess of the established duration of the working day, and with cumulative recording of working hours - in excess of the established duration of the work shift (see commentary to Article 94 of the Labor Code of the Russian Federation).

2. The list of exceptional cases of an employer engaging an employee to work overtime (both with written consent and without the employee’s consent) is exhaustive.

3. In other cases, in order for an employer to involve an employee in overtime work, not only the written consent of the employee is required, but also the opinion of the elected body of the primary trade union organization must be taken into account.

4. For certain categories of workers, there are special rules for engaging in overtime work - a direct ban (pregnant women; minors, with the exception of certain types of work for them), the establishment of a special procedure (women with children under three years of age; disabled people - see commentary to Articles 259, 264, 268 of the Labor Code of the Russian Federation).

5. Exceeding the maximum limits for the duration of overtime work is not allowed.

6. Accounting for overtime work is the responsibility of the employer.

Second commentary to Article 99 of the Labor Code

1. New edition of Art. 99 of the Labor Code of the Russian Federation shares the grounds for engaging in overtime work. This could work:

in which the employee’s consent is not required;

carried out with the consent of the employee;

carried out with the consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Previous legislation established the need to agree with the employee on work beyond the stipulated working hours when carrying out work necessary for the defense of the country, to prevent an accident (or eliminate its consequences) or a natural disaster, socially necessary work on water supply, gas supply, sewerage, etc., as well as to eliminate unforeseen circumstances that disrupt their normal functioning.

The commented article, taking into account the amendments made by the Federal Law of June 30, 2006, indicates that in such cases (including 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, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics), in other cases threatening the life or normal living conditions of the entire population or part of it), the employer has the right to involve the employee in overtime work without his consent.

2. When recording working hours by the day, work beyond the established duration of the working day is considered overtime.

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

3. Overtime work beyond the established duration of the working day is not recognized when working the standard hours with a flexible work schedule (see commentary to Article 102 of the Labor Code of the Russian Federation).

4. Work in which the actual duration of daily work on certain days may not coincide with the duration of the scheduled shift is not overtime (see commentary to Article 104 of the Labor Code of the Russian Federation).

5. Work beyond the stipulated working hours of employees with irregular working hours, if it is compensated by additional leave of more than 28 calendar days, is not considered overtime.

6. Work performed on a part-time basis (in excess of the established duration of working hours), work performed by an employee beyond the time stipulated by the employment contract, but within the established duration of the working day (shift) is not considered overtime. ), working part-time (Resolution of the Plenum of the Supreme Court of November 24, 1978).

7. Overtime work can be carried out by order or with the knowledge of the administration.

Usually, an order is issued regarding the performance of overtime work, which stipulates the reasons why it is necessary and the categories of workers involved in the work. However, if such an order was not issued, but there was a verbal order from one of the administration representatives, then the work is considered overtime.

8. The legislation allows for the involvement of overtime work also if it is necessary to perform loading and unloading operations, related work in transport, if it is necessary to vacate warehouses of railway, water and local transport, as well as for loading and unloading wagons and ships in order to prevent accumulation of cargo at points of departure and destination, idle time of rolling stock; works on the purchase, unloading and removal of goods from the territories of stations, piers and ports, transportation of goods to stations, piers and ports, loading into wagons, onto ships and drawing up documents.

In addition, the use of overtime work is permitted in the following exceptional cases:

a) when carrying out urgent work to eliminate accidents on communication lines and station equipment;

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

c) when processing increased telephone, telegraph and postal exchanges on the eve of holidays;

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

e) in case of unscheduled delivery of pensions (Order of the Ministry of Communications of the Russian Federation dated September 8, 2003 N 112 “Regulations on the peculiarities of working hours and rest time for communication workers with a special nature of work”).

9. If involved in overtime work in violation of the established procedure (Article 99 of the Labor Code of the Russian Federation), the guilty officials bear disciplinary, administrative and criminal liability (Article 419 of the Labor Code of the Russian Federation).

10. Article 99 indicates that involving employees in overtime work in other cases (except for those listed in parts 2 and 3 of Article 99) is allowed only with the written consent of the employee, taking into account the opinion of the elected body of the primary trade union organization. The procedure for taking into account the opinion of the elected trade union body when engaging in overtime work is regulated by Art. 372 of the Labor Code of the Russian Federation (see commentary to it).

11. The elected body of the primary trade union organization must consider the application of the administration at its meeting. A meeting is considered valid if at least half of those elected to the trade union body are present. The decision is made by a majority vote. It is not allowed to consider applications solely by the chairman of the trade union committee.

12. When deciding on the issue of involving in overtime work, the elected body of the primary trade union organization is obliged to find out:

1) the true reasons for engaging in overtime work;

2) whether these reasons and cases are exceptional, provided for in Part 2 of Art. 99 TK;

3) when considering each of the candidates of workers involved in overtime work, it becomes clear whether he belongs to the category of workers provided for in Part 4 of Art. 99 TK; did the employees specified in Art. give consent? 99 of the Labor Code of the Russian Federation, on their involvement in overtime work;

4) whether the amount of overtime work performed by each employee does not exceed, respectively, 4 hours for 2 consecutive days and 120 hours per year.

13. Regulations on working time and rest time for workers of certain categories - the crew of ships of the fishing industry fleet (approved by the Decree of the State Committee for Labor of the USSR, the State Planning Committee of the USSR and the All-Russian Central Council of Trade Unions dated April 21, 1960 // Bulletin of the State Committee for Labor of the USSR. 1960. N 8), the crew of ships of the marine fleet (approved by the Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Russian Central Council of Trade Unions dated March 21, 1960 // Bulletin of the State Committee for Labor of the USSR. 1960. N 7) - a maximum amount of overtime work per month can be set to no more than 10 hours (with the exception of emergency, loading and unloading work, and also work performed for short-staffed crew members).

14. The elected trade union body is obliged to monitor the actions of the administration in maintaining accurate records of overtime work performed by each employee.

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.

ST 99 Labor Code of the Russian Federation.

Overtime work- 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.

Commentary to Art. 99 Labor Code of the Russian Federation

1. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for him. In this case, the established duration of working hours means the duration of working hours established for a given employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, and an employment contract (Article 97 of the Labor Code of the Russian Federation ). When recording working hours in aggregate (see Article 104 of the Labor Code of the Russian Federation and the commentary thereto), overtime is considered to be work in excess of the normal number of working hours for the accounting period.

2. Only work performed at the initiative of the employer can be considered overtime work. Work outside the established working hours for the employee, performed not at the initiative of the employer and without his knowledge, cannot be considered as overtime work.

3. Since the use of overtime leads to excess working hours, legislation establishes legal guarantees to ensure its limitation. Such guarantees are:

a) establishing lists of circumstances under which the employee’s written consent is or is not required to engage an employee in overtime work;

b) introduction of a more complicated procedure for attracting overtime work in other cases;

c) limiting the duration of overtime work for one employee;

d) establishing a circle of people who cannot be involved in overtime work.

4. Part 2 of the commented article lists cases when the involvement of employees in overtime work is allowed only with their consent. These include situations that could cause a significant number of workers to stop working.

5. The list of circumstances that give the employer the right to involve employees in overtime work without their written consent is given in Part 3 of the commented article. These include emergency circumstances that threaten the life or normal living conditions of the population or part of it.

6. Part 4 of the commented article provides for the possibility of involving employees in overtime work in other cases in addition to the emergency and unforeseen circumstances listed in the commented article. The absence in the Labor Code of the Russian Federation of specifying the concept of “other cases” allows the employer to raise the question of the use of overtime work in case of any complications in the activities of the organization or individual entrepreneur. As an additional guarantee of limiting overtime work in the absence of emergency or unforeseen circumstances provided for in Parts 2 and 3 of the commented article, along with obtaining the written consent of the employee, there is also a requirement to take into account the opinion of the elected body of the primary trade union organization.

The employer’s decision to apply overtime work is not a local regulatory act, and the Labor Code of the Russian Federation does not establish a procedure for taking into account the opinion of the elected body of the primary trade union organization for such cases (see Article 371 of the Labor Code of the Russian Federation and the commentary thereto). The requirement to take into account the opinion of the elected body of the primary trade union organization in this case can be considered fulfilled if the employer notified this body in advance of the need to use overtime work, the reasons for which such a need arose, and the volume (duration) of overtime work; When making a final decision, the employer must have the opinion of the trade union body. Taking into account the opinion of the elected body of the primary trade union organization does not mean that the employer necessarily agrees with it.

7. Persons who cannot be involved in overtime work include pregnant women, employees under the age of 18, and other categories of employees in accordance with the Labor Code of the Russian Federation and other federal laws (for example, employees with whom an apprenticeship agreement has been concluded (see. Part 3 of Article 203 of the Labor Code of the Russian Federation and commentary thereto)).

8. In relation to women with children under three years of age, as well as disabled people, the Labor Code of the Russian Federation has established a special procedure for engaging in overtime work: in addition to obtaining the written consent of the employee, the employer must familiarize him in writing with the right to refuse overtime work. The same procedure for involving overtime work is established in relation to mothers and fathers raising children under the age of five without a spouse, employees with disabled children; workers caring for sick members of their families in accordance with a medical report, as well as fathers raising children without a mother; guardians (trustees) of minors (see Articles 259, 264 of the Labor Code of the Russian Federation).

9. The requirements of the law to obtain the written consent of the employee to engage him in overtime work and to familiarize the employee in writing with the right to refuse overtime work must be fulfilled by the employer every time there is a need to involve employees of the relevant categories in such work.

10. Having prohibited the involvement of minor workers in overtime work, the Labor Code of the Russian Federation established an exception to this rule: creative workers and professional athletes under the age of 18, whose professions are indicated in the lists established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations , may be allowed to work overtime (see Article 268 of the Labor Code of the Russian Federation and the commentary thereto).

11. The maximum limits for the duration of overtime work established by part 6 of the commented article: 4 hours. for two days in a row and 120 hours. per year - cannot be exceeded.

Failure by the employer to comply with the obligation to keep accurate records of overtime work performed by each employee is a violation of labor laws and should entail liability for the employer, but cannot lead to an infringement of the employee’s rights. An employee has the right to demand payment for overtime work even if it is incorrectly recorded or not taken into account.

Overtime work is paid at an increased rate (see Article 152 of the Labor Code of the Russian Federation and the commentary thereto).