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Article 97. Working beyond the limits of normal length of working time






Working beyond the limits of normal length of working time can be performed on the initiative of employee (combining jobs) and on the initiative of employer (overtime).

Article 98. Working beyond the limits of normal length of working time on the initiative of employee (combining jobs)

On a request of an employee, an employer has right to allow an employee working on another labor agreement within the same organization on a different position, specialty or profession beyond the limits of normal length of working time in order of internal combination of jobs.

An employee has right to conclude a labor agreement with a different employer on conditions of external combination of jobs, unless it is forbidden by this Code or other federal laws.

Work beyond normal limits of working time cannot exceed four hours in a day and 16 hours in a week.

Internal combination of jobs is not allowed in cases when a reduced working time is established, except cases specified in this Code or other federal laws.

Article 99. Working beyond limits of normal length of working time on the initiative of employer (overtime job)

Overtime job is a job, performed by an employee on the initiative of employer beyond the limits of normal length of working time, daily working time (shift) and working more than normal number of hours in a recorded period.

Requesting overtime work is performed by an employer with written consent of an employee in the following cases:

in cases when overtime work is necessary for defense of the country and in cases when overtime work is necessary to prevent industrial accident or a natural disaster;

in cases when a job relevant to systems of public water supply, public gas supply, public heating, public electricity supply, public sewage, public transportation and public communication are performed - in cases when it is necessary to remove unexpected circumstances that prevent normal functioning of these systems.

in cases when it is necessary to complete work that could not be completed in normal working time as a result of an unexpected delay because of technological reasons, if non-completion of this work may lead to damage or destruction of employer's property, state or municipal property or may cause danger to life and health of people;

in cases when temporary works on repairing and restoring of damaged machines or buildings are performed, if malfunctioning or damage may lead to stopping of work for a large number of employees;

in cases when it is necessary to continue work because of absence of a shiftman from work if the type of work doesn't allow interruption. In these cases employer must immediately take measures for replacement of a shiftman with a different employee.

In other cases, requesting overtime work is allowed with written consent of employee and with consideration of opinion of elected trade union authority of this organization.

It is not allowed to request overtime work from pregnant women, workers below the age of eighteen years, and other categories of employees according to federal laws. Requesting overtime work from invalids and women who have children below the age of three is allowed only with their written consent and if these works are not forbidden to them because of state of health according to the results of medical examination. Invalids and women who have children below the age of three must be informed in written form about their right to refuse working overtime.

Overtime work cannot exceed four hours in two days and 120 hours in a year for each employee.

An employer must precisely record all overtime work, performed by each employee.






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