When overtime work is lawful?

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At the same time, such work requires obtaining a permit from a trade union body or trade union representative of an enterprise and is subject to full accounting by the employer.

In addition, the law provides for a limited number of cases when overtime work is lawful:

 - for carrying out works necessary for the defense of the country, prevention of a disaster, industrial accident or elimination of its consequences;

 - to eliminate the circumstances preventing the normal operation of water supply, gas supply, heating, lighting, sewage, transport and communications;

 - for the completion of work begun, which due to unforeseen circumstances or due to technical reasons, has not been completed during working hours in order to avoid damage to property, as well as for the urgent repair of machinery and equipment, if their malfunction leads to a stoppage of work for a significant number of employees;

 - loading and unloading operations to prevent the rolling stock or the accumulation of goods at the points of departure and destination;

 - to continue work in case of absence of the employee who intervenes when the work does not allow a break.

 At the same time,  the following is not an overtime work:

 - if the work is performed on the basis of an employment contract in accordance with the order of conciliation;

 - work of workers with an irregular working day to perform the usual duties arising from the labor function of employees;

 - work in order to work out days of rest.

 It should be noted that not all employees can do overtime work. According to Art. 63 Labor Code  pregnant women and women with children under the age of 3; minors, workers who study in general education schools and vocational schools without interruption from production, during the classes can not be used for overtime work. Women who have children from 3 to 14 years of age or a disabled child are allowed to be engaged in overtime work only with their consent.

Item 106 of the Labor Code determines peculiarities of overtime work compensation. In particular:

- for hourly wages overtime work is paid in double amount of hourly rate;

 - for part-time wages overtime work is paid in the amount of 100% of the tariff rate of the employee of the relevant qualification, whose work is paid on an hourly basis;

 - for the aggregated accounting of working time overtime work is paid as overtime for all hours, worked out over the standard of working time, established in the accounting period.

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