Order to work after hours.
Let's start with the dictionaries: extracurricular - occurring, produced in addition to or beyond the prescribed, established time; overtime. Ephraim's explanatory dictionary. T. F. Efremova. 2000.
off-hour - adj. 1) general extracurricular, non-working (about time outside normal working hours, for example, about night hours). English-Russian economic dictionary.
Here are interesting lines from the resume of an applicant for the position of secretary, which can be interpreted rather ambiguously: “ready for any work outside of normal hours for additional pay, ... hardy, ready to keep secrets, silent...”. The girl may get a place, but one can have doubts about the “additional payment”, which, apparently, will not be reflected in the official document, and therefore cannot be disputed in the event of a conflict situation.
After all, as statistics show, most often single women are willing to work overtime, and without compensation. According to trade unions, more than 40 days a year remain unpaid for women aged 30 to 39 years. This means that no less, tens of thousands of women meet the working day before its official start, work without a lunch break and finish later. They also often go out on weekends or take work home, answering calls or working on email. Some agree to do this in order to prove their ability to work in leadership positions instead of the men who traditionally occupy these positions, while others simply do not have time to fulfill their duties in the allotted time at the workplace.
Millions of employees from various fields of activity constantly work without additional payment for overtime worked. They are most often teachers, businessmen, journalists and lawyers.
However, according to labor legislation, off-hour work must be paid or compensated in another manner provided by law.
First, let's figure out what work will be considered overtime.
Some people believe that if an employee starts work earlier or is late after the time allotted to him according to the schedule, then such work will automatically be overtime, and, therefore, the employer is obliged to pay for it. This is wrong.
Having carefully read the article. 99 of the Labor Code of the Russian Federation, we will see that “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"
So, the key point is the phrase “at the initiative of the employer.” Your personal diligence in deciding to stay longer (arrive early) is not taken into account in any way. It is worth noting that the second point that is important in defining the concept of overtime work is the fact that the employee fulfills his work duties at this time. Involving an employee is possible only in accordance with the same article. 99 of the Labor Code of the Russian Federation, only on the basis of his written consent.
Thus, after-hours time (overtime) is time before or after that established by the employer under the terms of the employment contract. This includes work on weekends and holidays.
According to the Law of the Russian Federation, non-working holidays are:
January 1-5 - New Year holidays;
January 7 - Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
May 1 - Spring and Labor Day;
May 9 - Victory Day;
June 12 - Russia Day;
November 4 - National Unity Day
There are certain differences in calculating payments due for work performed on such days, depending on certain conditions (business trip, time-based and piecework work, irregular working hours, etc.)
If we draw a general rule, then the organization must pay for work on weekends and non-working holidays at least double the amount. But, however, the employee may, instead of increased pay, ask for another day of rest. This provision is also indicated by Article 153 of the Labor Code of the Russian Federation. In this case, the employer must pay the employee as usual for going to work on a weekend or non-working holiday.
Interesting read:
20 books parents should read to their children before they grow up. Reading a bedtime story to a child is an excellent reason for a serious adult, overwhelmed with important things, to immerse himself in his favorite children's books for a few minutes and relive them.
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1. Elinor Porter - “Pollyanna” A good book about how to look at all life’s troubles with optimism and find joy even where others would not think of looking for it. Little Pollyanna is an orphan, lives with a stern aunt, but at the same time manages to infect the whole town with happiness and the desire to play her wonderful game.
2. James Crews - “Tim Thaler, or Laughter for Sale” This is a fantastic story about a boy who traded his laughter for wealth, but did not become happy because of it. Tim had to go through many trials in which he found true friends and regained his real wealth.
3. Alexander Volkov - “The Magic Land” The cycle of stories about the Magic Land begins with the book “The Wizard of the Emerald City”. Despite the fact that the first book was written based on the story of Oz, the world created by Volkov turned out to be richer and more exciting.
4. Eduard Uspensky - “Warranty Men” A wonderful fairy tale about little men who live in household appliances and repair them while the warranty period is valid. Each tiny master has his own special character, and you can’t help but wonder what the little man who lives in your computer looks like.
5. Pavel Bazhov - “Malachite Box” Bazhov’s tales, like the Ural mountains, are full of harsh beauty. Life here is difficult, but there is also a place for honesty and nobility in it. The Mistress of the Copper Mountain rewards people for kindness and skill. The special value of fairy tales is their rich and beautiful language.
6. Nikolai Nosov - “The Adventures of Dunno and His Friends” Short people live in the Flower City. These are tiny people for whom the lawn is a real forest. The mischievous Dunno constantly brings chaos into a calm and measured life.
7. Jules Verne - “The Children of Captain Grant” A book about the fascinating adventures of the English who travel around the world, looking for a shipwrecked captain and his sailors. The action takes place on several continents, which allows the author to tell many interesting things about the people and animals that live there.
8. Valentina Oseeva - “Dinka” A story about a touching friendship between a girl from a decent family and a little tramp. The beginning of the 20th century, it’s summer at the Volga dacha. Restless Dinka, trying to help people, always gets into different adventures, but the early-matured boy Lenka looks after her and helps her out of troubles.
9. Evgeny Schwartz - “The Tale of Lost Time” In this fairy tale, our favorite wizard Evgeny Schwartz tells children about a very adult truth - the value of time. If you treat it carelessly and waste it, you won’t even notice how you will turn into an old man and regret what you didn’t manage to do in your life. Happy ending included.
10. Kir Bulychev - “Alice’s Journey” Little Alice Selezneva’s dad works as a cosmobiologist and takes his daughter on an expedition. Together they collect amazing animals on other planets for the earth’s space zoo. Alice turns out to be a very useful member of the expedition. Some mysteries of the Universe are easier for little girls. For example, tame the Talker and unravel the mystery of the Third Planet
11. Felix Salten - “Bambi” A wonderful book about the growing up of a little deer. A story about the discovery of the world, its joys and difficulties, about real grief and real victory. By animating animals, Salten opens the kingdom of the forest to children, teaches empathy and perseverance, the ability to look at the world with different eyes and never give up.
12. Maria Parr - “Waffle Heart” A kind and atmospheric book about childhood in a Norwegian farmstead. It will be interesting for children to hear about the adventures of their peers, and for parents to return for a few minutes to a time when the sun was shining brighter, the trees were taller and it was impossible to walk calmly - the legs were jumping on their own, and the grandmother was preparing wonderful delicacies to please the grandchildren.
13. Wilhelm Hauff - “Dwarf Nose” For intemperance and rudeness, the evil witch turns the boy Jacob into an ugly dwarf. He has to go through many trials. Only after learning to be patient, kind and hardworking does he understand how to regain his normal appearance. The undoubted advantage of the book is its vivid, memorable descriptions.
14. Antoine de Saint-Exupéry - “The Little Prince” This is one of those rare books that you get acquainted with in childhood, carry with you through the years and each time you find more and more new meanings in it. A book that grows up with your child
15. Pyotr Ershov - “The Little Humpbacked Horse” A perky, slightly cocky fairy tale in verse about the youngest son Ivan and the magical Little Humpbacked Horse makes not only children, but also adults smile. Thanks to the beauty and precision of the word, the fairy tale is easily perceived. Well, for outdated words there are always explanatory footnotes. And good, of course, triumphs.
16. Selma Lagerlöf - “The Wonderful Journey of Nils with Wild Geese” For his evil temper, the gnome turns the boy Nils into a tiny man. He travels around his native country, different adventures happen to him. Along the way, Nils learns to be brave, honest and true to his word.
17. Anthony Pogorelsky - “The Black Hen, or Underground Inhabitants” A sad story about how a kind and smart boy, having received wealth unprecedented for a child - a magic seed, becomes angry, arrogant and betrays his friends.
18. Roald Dahl - “Charlie and the Chocolate Factory” This is a magical story about a chocolate factory, in the mysterious depths of which unprecedented sweets are invented. And, of course, about the eccentric Willy Wonka, who punishes capricious and disobedient children and rewards the kind and generous boy Charlie.
19. Andrey Nekrasov - “The Adventures of Captain Vrungel” The voyage of the yacht “Trouble” is a fun, sometimes absurd adventure, in difficult moments of which the heroes do not give up, look for and find witty solutions, no matter how illogical they may seem.
20. Sergey Aksakov - “The Scarlet Flower” A beautiful story about beauty and the beast, about loyalty to your word, kindness and love. This tale is retold in a thousand different ways in a variety of variations, but none sounds as lyrical, colorful and native as the one written by Aksakov in the middle of the 19th century.
In the same dictionary, Evgenieva A.P. gives another definition to this concept: extracurricular time (process) - produced in addition to what is required, established. (After school hours) –
Let us analyze the concept of “after-hours time”. It is defined as a process of direction, but in the “Dictionary of the Russian Language” by A.P. Evgenieva, it is a process that occurs, occurs in addition to or in addition to lessons; in t
In the same dictionary, this concept is also defined as a process that occurs outside of what is laid down and established.
As part of our work, we will use the following definition: “out-of-class time is a process that occurs, occurs in addition to or in addition to lessons.”
Below we will consider what definition of the concept “excursion” is given by different authors.
The author of the textbook “Pedagogy” V. A. Slastyonin characterizes an excursion as a specific educational activity, transferred in accordance with a specific educational or educational goal to an enterprise, a museum, an exhibition, etc.
Tyumasyova Z.I., author of the book “Ecological Construction of a Child’s Soul,” gives the following concept of an excursion: an excursion is one of the types of classes and a special form of organizing work on environmental education of primary schoolchildren.
The concept of “excursion” is defined as an educational activity, but in Dahl’s “Explanatory Dictionary” it is a scientific walk, an outing to search for something; in “Pedagogy” by V. A. Slastenin – this is a specific teaching and educational activity; and in the book “Ecological Construction of a Child’s Soul” by Z.I. Tyumaseva, this is one of the main types of classes and a special form of organizing work on environmental education of primary schoolchildren. As part of our work, we will use the definition from Dahl’s Explanatory Dictionary: excursion - scientific exploration, walk, going out to look for something, collecting herbs, etc.
As part of our work, we need to highlight the most important features of conducting excursions outside of school hours, characterize them, and identify their significance for first-graders.
But first, we will look at the features of extracurricular forms of education in general and give them a description.
R. A. Petrosova notes that extracurricular activities include those forms of organizing the educational activities of schoolchildren that are outside the scope of the school schedule, but are directly related to the goals of the lesson and the content of the educational material. The connection with the lesson is also ensured by the fact that tasks performed outside the lesson are determined by the teacher. These tasks can be performed under the guidance of a teacher, but more often - independently, and the results should definitely be checked in class in one form or another.
Petrosova highlights the main task of primary education: organizing cognitive activity during extracurricular and extracurricular time. There are several areas of focus in this work:
Conducting optional courses, the content of which is familiarization with the outside world;
Excursion work on local history;
Organization of clubs that deepen children’s interest in objects of the surrounding world;
Organizing leisure evenings, meetings, competitions, etc.
It is advisable that the topics of extracurricular activities relate to different aspects of the surrounding world: nature, the history of society, the history of the region, relationships between people, art, etc.
R. A. Petrosova defines the main and most important goal of extracurricular activities with primary schoolchildren. So, extracurricular activities must be carried out to broaden the horizons of children, develop their interest in a specific area of knowledge and deeper observations of any object in the surrounding world.
The purpose and objectives of extracurricular educational work give a specific character to the functions of the holistic pedagogical process - teaching, educating and developing.
The educational function of extracurricular work, according to Petrosova, is not in the formation of a system of scientific knowledge, educational skills and abilities, but in teaching children certain behavioral skills and collective life.
Petrosova notes: the developmental function is of great importance in extracurricular work. It lies in the development of the mental processes of the schoolchild, in the development of the individual abilities of schoolchildren through their inclusion in appropriate activities.
The developmental function of extracurricular work is to identify the child’s hidden abilities and interests.
Now we will determine the place of extracurricular educational work in the pedagogical process of the school.
Petrosova believes that extracurricular educational work is a combination of various types of activities and has wide possibilities for educational influence on the child.
So let's look at these possibilities:
Firstly, a variety of extracurricular activities contributes to a more comprehensive development of the child’s individual abilities, which are not always possible to consider in class.
Secondly, involvement in various types of extracurricular activities enriches the child’s personal experience.
Thirdly, a variety of extracurricular educational work contributes to the development in children of interest in various types of activities, the desire to actively participate in productive activities approved by society.
Fourthly, in various forms of extracurricular work, children not only demonstrate their individual characteristics, but also learn to live in a team, i.e. cooperate with each other.
Petrosova adds the following: various forms of extracurricular educational work will be more effective in their educational impact on children if parents are directly involved in their organization and implementation.
It is known that the family plays a significant role in introducing the child to nature and the social environment, and its participation in this certainly brings a positive effect. The teacher can guide this process both indirectly and directly.
Indirect leadership is manifested in discussions at parent meetings, consultations, and in individual conversations of various issues related to expanding the horizons and culture of a junior schoolchild.
A mandatory element of such meetings is a discussion of the experience of family education. Parents talk about their successes and failures in raising children, about family traditions, about working and relaxing together.
She emphasizes that the direct participation of the family in the process of introducing younger schoolchildren to the outside world can manifest itself in the following:
The teacher offers schoolchildren homework, which they can complete only with the participation of their parents. For example, make a family “tree” and talk about your grandparents; visit the local history museum and write a description of the flora (fauna) of your native land; visit the house-museum of a writer (scientist, composer) and talk about an episode from his life; On a walk in the forest, collect natural materials for crafts.
Parents are present at lessons and extracurricular activities. For example, they talk about their profession; take part in quizzes, competitions, competitions; participate in leisure evenings and celebrations.
Now let's move on to consider one of the main forms of extracurricular work of a teacher with younger schoolchildren - excursions. Let's define: what is it? What are they? For what purpose are they carried out? What is the significance for younger schoolchildren, and in general, how are they carried out?
The current labor legislation of the Russian Federation limits the maximum working hours set by the employer. Employees are usually required to work a 40-hour work week. However, extraordinary circumstances may arise that require the employee to work after hours or at night.
WORKING OVERTIME
According to Art. 91 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ, the duration of daily work is determined by internal labor regulations or shift schedules and cannot exceed 40 hours per week.
If an employee exceeds the working hours established for him, then this excess is considered overtime work.
Overtime work is not allowed:
pregnant women and women with children under 3 years of age;
workers under 18 years of age;
Overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year.
Payment for overtime work is made for the first two hours at least one and a half times the rate, and for subsequent hours at least twice the rate.
In September, an employee of an enterprise with a 5-day working week with a working day of 8 hours worked 4 hours overtime on one of the working days. The employee’s salary is determined based on the established hourly tariff rate of 10 rubles. 38 kopecks The duration of normal working hours in September 2003 was 168 hours, which the employee fully worked.
The first two hours of overtime work are paid to the employee at least one and a half times the following:
10 rub. 38 kopecks 2 hours 1.5 = 31 rub. 14 kopecks
The remaining two hours of overtime work are paid to the employee twice as follows:
10 rub. 38 kopecks 2 hours 2 = 41 rub. 52 kopecks The employee's salary for September 2003 was: 10 rubles. 38 kopecks 168 hours = 1,743 rubles. 84 kopecks, including overtime: 1,816 rubles. 50 kopecks (1743.84 + 31.44 + 41.52).
WORK ON HOLIDAYS
According to Art. 113 of the Labor Code of the Russian Federation on holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (for example, a continuously operating enterprise). Also on holidays, public service work and emergency repair and loading and unloading work are permitted.
Work on a holiday is paid in the following amounts: 1)
for piece workers - no less than double piece rates; 2)
employees whose work is paid at hourly or daily rates - in the amount of at least double the hourly or daily rate; 3)
for employees receiving a monthly salary - in the amount of no less than a single hourly or daily rate in excess of the salary, if the work on a holiday was carried out within the monthly working hours, and in the amount of at least double the hourly or daily rate in excess of the salary, if the work was performed in excess of the monthly rate norms.
An employer may replace an employee’s increased pay for working on a holiday with another day of rest, but only at the employee’s request.
Due to production needs, the employee worked on June 12 5 hours in excess of normal working hours.
The standard working time in June was 168 hours (21 days).
X 8 hours), which the employee fully worked. The monthly salary for the employee is set at 7,000 rubles.
The employee's hourly wage rate was 42 rubles.
Payment for 5 hours of work on a holiday is made to the employee in double amount:
42 rub. 5 hours 2 = 420 rub. The employee's salary in June 2003 was: 7,000 rubles. + 420 rub. = 7420 rub.
WORK ON WEEKENDS
According to Art. 113 of the Labor Code of the Russian Federation, work on weekends is prohibited. Employees are entitled to two days off per week with a 5-day work week, and one day off with a 6-day work week. The general day off is Sunday.
By agreement of the parties to the employment contract, for work on a day off, the employee is given either another day of rest or monetary compensation, which is paid in the same manner as compensation for work on holidays.
NIGHT WORK
In accordance with Art. 96 of the Labor Code of the Russian Federation, the time from 10 pm to 6 am is considered night time. When working at this time, the duration of work (shift) is reduced by one hour. This provision does not apply to employees for whom a reduction in working hours has already been provided.
The following are not allowed to work at night: 1)
pregnant women and women with children under 3 years of age; 2)
workers under 18 years of age; 3)
Disabled people may be involved in night work only with their consent and provided that such work is not prohibited for them for medical reasons.
Each hour of work at night must be paid at an increased rate and is set by the enterprise independently. However, these additional payments cannot be lower than those provided by law. The additional payment for each hour of night work for an enterprise with a multi-shift regime is determined in the amount of the employee’s rate or salary. In this case, the employment contract may provide for a higher premium for night work than is established by law. However, the excess amount is not included in the cost of products (works, services), but is attributed to the enterprise’s own funds. Example 3
In August, the employee worked 10 hours at night. The employee was given a salary of 11,000 rubles. The additional payment for work at night, provided for in the employment contract, is 47% of the hourly wage rate (we conditionally assume that the amount of this additional payment corresponds to the additional payment established by law).
The standard working time in August 2004 was 184 hours (23 days x x 8 hours), which the employee fully worked.
Hourly tariff rate is 60 rubles.
Additional payment for night work was: 60 rubles. x 47% x 10 hours = 282 rub.
Dismissal without the consent of the state labor inspectorate is prohibited. 28. Part-time and combination of professions and positions. The procedure and conditions for combining professions are established by agreement of the parties to the employment contract. Combining professions (positions) means that an employee, together with his main profession (position), performs additional work in another profession. And part-time work (i.e., expanding the scope of work) means performing an additional amount of work in the same profession (position) during the same working day. Such types of work are allowed under one employment contract during the working day, if this does not lead to a decrease in the quality of work. This is used to increase productivity and perform the volume of work with fewer people.
8.7. payment for after-hours and night work
The administration can involve other categories of employees in additional work by issuing an order to involve them in overtime work, a sample of which we provide. Order to work overtime, sample download Procedure for engaging The Labor Code states that an employer can compulsorily engage in additional work only in exceptional cases (Part 3 of Article 99):
- to prevent accidents;
- for socially necessary purposes to eliminate accidents;
- during a state of emergency or in wartime.
Before issuing an order for overtime work for a group of employees, the organization must obtain the written consent of the employee to perform their duties beyond the norm.
We issue an order for overtime work
Info
The amounts of payments established by a collective agreement, agreements, local regulations, employment contract cannot be lower than those established by labor legislation and other regulations containing labor law norms. Article 152. Payment for overtime work Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice 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. Article 153.
Order on the introduction of extracurricular activities
In addition to the work indicated in the list, minors are not involved in work on a rotational basis, in work related to the storage and sale of alcohol, and agreements on full financial responsibility and part-time work cannot be concluded with them. 4) For minors, the weight of carrying heavy objects is limited. Up to 16 years old - 4 kg, up to 18 -10 kg, cannot be involved in loading and unloading work, even small weights (watermelons). 5) All persons under 21 years of age are accepted only after a preliminary medical examination, and undergo an annual medical examination. 5) reduced working hours are established (up to 16 years - 24 hours, up to 18 years - 36 hours per week) with payment as for full time, night and overtime work are not allowed. 6) Extended regular vacation – 31 days. 7) quotas are established for enterprises to admit young people; refusal to admit people under the quota is prohibited.
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If it turns out that management violates labor safety requirements or otherwise neglects the rules for attracting citizens to additional work, the company and its officials face fines under Art. 5.27 Code of Administrative Offenses of the Russian Federation. How to register work beyond the norm Additional hours are documented in several documents. This:
- written consent of the involved employee;
- overtime order.
Neither of these two documents has a unified form.
For example, consent from an employee can be obtained by sending him a notice of the need to work some additional hours. Or the employee can write the consent themselves.
Order on work outside of school hours
At the same time, categories of persons are listed who not only must provide this document, but also confirm that they are familiar with the right to refuse to leave during their non-working hours. Among them:
- disabled people;
- women with children under three years of age;
- parents raising children under 5 years of age alone;
- parents of disabled children;
- workers who, for medical reasons, care for sick family members;
- guardians (trustees) of minors.
How long can it last? It must be clearly understood that the maximum duration of activities outside of school hours on the initiative of management is fixed in law. In accordance with Part 6 of Article 99 of the Labor Code of the Russian Federation, this is no more than 120 hours per year.
There is a more convenient guideline - no more than 4 hours over two days.
Order to work after hours
Samples on the topic: Education, Order (name of institution, organization) ORDER dated " " N on the introduction of extracurricular activities In accordance with the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", (specify other regulations) in order to create conditions for the development of the system of additional education, I order: 1. To approve and put into effect from » » the program for extracurricular activities for a year according to the program.
Important
From » » to pay for extracurricular work in the number of hours per week to the following employees: . 3. Approve the schedule of extracurricular activities for the year 4. Assign responsibility for the health and safety of students during extracurricular activities to the leaders of extracurricular activities.
5.
Procedure for payment for overtime. Overtime is work performed at the initiative of the employer in excess of the time established for the employee during the working day or accounting time. The law limits overtime work; they are allowed only in exceptional cases (accidents, natural disasters, threat to human life, etc.) Payment for work overtime is made at an increased rate: for the first 2 hours at one and a half hours, and for subsequent hours at double . Overtime compensation is not permitted. Payment is made regardless of whether or not this work was properly formalized (by order or decree).
25. Types of the working week. Working week – distribution of working time within one calendar week. The length of the working week can be: 1) normal - 40 hours per week, 2) shortened - no more than 36 hours per week, 3) part-time.
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.
Work on weekends is compensated by time off or, by agreement of the parties, paid double. This payment is calculated in the same way as when working on holidays. 27. Labor protection for youth. Labor protection for young people is a special legal norm that ensures safety for the body of young people.
Measures to protect the labor of young people: 1) it is not allowed to employ persons under 15 years of age (from 14 years of age only with the consent of parents and in free time from study. 2) Minors, workers under 18 years of age are equal in rights to adults, and in the field of protection labor and working hours have benefits. 3) It is prohibited to employ youth under 21 years of age in hard work and work with harmful and dangerous working conditions (this is according to the labor protection law), and under the Labor Code up to 18 years of age. This is the inconsistency.
