How to get overtime
Get employee consent to work overtime. To do this, issue a notice on which the employee must write “read, agree” and sign. In this document, ask the employee to choose the type of compensation - money or additional days off (article 152 of the Labor Code of the Russian Federation). You can do without written consent if extraordinary circumstances are the cause of overtime work — work in order to avoid a catastrophe, an industrial accident, or the prevention of any accident.
Issue the order to the agreed workers. The order may be in free form, but 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. Mark in the order the reason for the need for overtime work. Article 99 of the Labor Code of the Russian Federation lists only a few reasons: unfulfilled in time, through no fault of the employee; temporary work in order to avoid stopping the work of a large number of people; to continue work in the absence of the changer, if the work does not allow interruption. All other reasons referred to the article of the Labor Code of the Russian Federation to others, and they require coordination with the trade union (if it exists). Show the order to the employee so that he familiarizes himself with it and signs it.
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 designed time sheet, which takes into account the working time of employees (form number T-12 or T-13, approved by the decision of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Check that the data sheet coincides with the data of the order, and they, in turn, do not disagree with the information in the notice of the employee.
Do not forget that the Labor Code in Article 99 states that an employee has the right to work overtime for no more than four hours for two days in a row and a maximum of 120 hours per year.