How to apply overtime
Get the consent of the employee to work overtime. To do this, issue a notice, on which the employee should write "acquainted, agree" and sign. In this document, ask the employee to choose the type of compensation - money or additional days of rest (Article 152 of the Labor Code of the Russian Federation). Without written consent, it is possible to get by if emergency work was caused by extraordinary circumstances - work to avoid a catastrophe, an industrial accident or the prevention of an accident.
Issue an order for the agreed employees. The order may be in free form, but it must contain the name of the employee, position, date and time of commencement and completion of work. Specify the number of the notification, in which the employee signed. Note in the order the reason for which there was a need for overtime work. In Article 99 of the RF Customs Code, only some reasons are indicated: unfulfilled in time, not through the fault of the employee; temporary work to avoid stopping the work of a large number of people; To continue the work in the absence of a replacement, if the work does not allow a break. All other reasons specified by the article of the LC RF refer to others and they require agreement in the trade union (if any). Show the order to the employee, so that he gets acquainted with him and signed.
By law, any employee has the right to refuse to work overtime, without any consequences for him.
Record the time worked by the employee overtime in a specially developed report card, which takes into account the employees' working hours (Form No. T-12 or T-13, approved by the Decree of the State Statistics Committee of Russia No. 1 of January 5, 2004). Verify that the data of the table coincide with the order data, and those in turn do not disagree with the information in the employee's notification.
Do not forget that in the Labor Code, article 99 states that an employee has the right to work overtime no more than four hours for two consecutive days and a maximum of 120 hours per year.