In accordance with article 1 of the Labor code of the RK (hereinafter - the Code) overtime work – work performed by an employee on the initiative of the employer outside the established working hours (in excess of the normal number of working hours for the accounting period).
According to article 77 of the Code, overtime work is permitted only with the written consent of the employee, except in the following cases:
- in the execution of works necessary for the defense of the country, as well as to prevent emergencies, natural disasters or industrial accidents or immediate elimination of their consequences;
- for elimination of other circumstances violating normal functioning of water supply, gas supply, heat supply, power supply and other life support systems;
- for continuation of work at absence of the replacing worker if work does not allow a break, with immediate adoption of measures to replacement by other worker;
- to provide emergency assistance to citizens who are threatened with loss of health or death.
The following employees are not allowed to work overtime:
- pregnant women who have provided the employer with a certificate of pregnancy;
- under the age of eighteen;
According to article 78 of the Code, overtime work should not exceed two hours for each employee during the day, and one hour for heavy work, work with harmful and (or) dangerous working conditions.
The total duration of overtime work shall not exceed twelve hours per month and one hundred and twenty hours per year.
However, according to article 79 of the Code, the employer is obliged to keep a record of the working hours actually worked by the employee.
The time worked and not worked by the employee is subject to accounting. At the same time, overtime work, night work, weekends, holidays and business trips are taken into account separately.
At the same time, according to article 108 of the Code at time payment of work in overtime is paid in the increased size according to conditions of the labor or collective agreements and (or) the act of the employer, but not lower than in the one and a half size proceeding from the day (hour) rate of the employee.
Under the agreement of the parties for overtime work, it is allowed to provide hours of rest at the rate of not less than one hour of rest for one hour of overtime work.
In this regard, for overtime work to the employer:
- it is enough to send (present) the notice to the employee about the need to bring him to work beyond working time;
- obtain the written consent of the employee;
- observing the limit for overtime work, it is necessary to keep a daily record of working time, including overtime work, (that is, to keep records in the report card of the organization).
After the end of the accounting period (in this case - a month), the employer, according to the report card, calculates all hours for overtime and issues an order for remuneration.