Rus Articles Journal

When the chief speaks it ``is necessary``...

In most cases the subordinate needs only to answer obediently “is!“ . Polls show that in many Russian companies of processing are the chronic phenomenon. Often heads of the enterprises consider overtime work as a natural way to increase productivity without additional expenses in return. However, whether so the person before the boss demanding from him to be late at office for an hour - another is deprived of civil rights? For a start we will be defined

by p with the concept “overtime work“. So, that according to the labor legislation admits the work performed by the employee of the enterprise for a management initiative outside duration of the working day established by the employment contract. It in former, Soviet, the legislation did not make a reservation: whether you adore spending the day and night in office or you to that are forced by the chief. Bureaucratic machinery with an accuracy of well debugged automatic machine fixed any processing, and regardless of the reasons of the last the person received various privileges.

Now some formulations of the law became indistinct and leave to owners the field for maneuver. If you showed an initiative in the evening in addition to sit over the urgent project, then according to the modern labor law it is not considered overtime work. And quite another matter, when the proposal to be late to you was made by the chief. From the legal point of view if the employer officially did not request from you a consent (in writing) to overtime activity or did not receive that from you, he has no right to detain you on service over the put time and especially to apply to you any retaliatory sanctions in case of your refusal. It is clear, that in practice of hired workers pretty often is operated in the overtime mode without any registration of processing. And if there is no document, then there is no fact of overtime work also! But you at least have to understand that seriously strike at your rights. As philosophers tell, understanding of a problem - the first step to its permission.

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Modern realities

practice when the owner of the enterprise saves on compensation of the subordinates is Quite extended, using their fear to lose the place or inexperience in legal questions. Example: the owner of small private printing house after the termination of day of work collects all man`s personnel of the company and declares that the lorry with new office furniture and the equipment which needs to be unloaded urgently is in the yard. At the same time the obvious thought does not come to the businessman to mind that, having used high quality experts in computer design and electronic imposition as unskilled workers, he is obliged to resolve also an issue of additional payment of their work. And under the law work recognize overtime irrespective of whether it enters a circle of official or professional duties of the employee or not. In other words, even if at the exit from office building you were met by the favourite chief and disposed as a favor to help it to deliver to a zapask on the car, then from the point of view of the law (but the boss most likely will not even remember it) this offer obviously falls under definition “overtime work“.

However, not in all cases work over the established duration of day of work is overtime. For example, there are positions which initially assume existence of irregular working hours. Or other option: you plow on a favourite family in several places at once, upon termination of a day shift right there taking up at the next enterprise in evening. From the point of view of the law on work, as they say, a more power to you and a fair wind in sails. However, some unfair employers use the right of the worker for combination as a loophole in the legislation, making out the person on two or to three adjacent positions, naturally, without prize in a salary at once, but with an opportunity to exploit him to the full extent as the part-time worker.

Office need

our humane legislation is based by

that the employer cannot overload the employee on the slightest whim - it is admissible in exceptional cases, for example for the emergency repair of the equipment which accident threatens with idle time, heavy losses or other negative consequences to the enterprise. It is also authorized to involve over the temporary norm personnel for completion of work which is objectively demanding urgent end. In general in the law the swagger - major character, the people allowing to involve is given in an overtime basis the whole list of the reasons. Here some of them (we give them as they are written down in the law):

  • need of ensuring defense of the country, prevention of natural disaster (or elimination of its consequences);
  • for performance of socially necessary works on water - and to gas supply, heating, lighting, the sewerage for elimination of the casual or unexpected circumstances breaking their correct functioning;
  • on productions of a continuous cycle at absence of a relief.

But even in these or other cases provided by the law nobody has the right to force you to continue work without your written consent. We live not during a Stalin era when violation of any order of the management or objection against it unambiguously was considered as sabotage with the most sad consequences for the violator. However, many will probably not agree with me, having objected that in some situations dismissal from the good organization if is not comparable with a sentence of the enkavedeshny three, then in any case quite there corresponds to definition “vital accident“. As to be if on the first interview with the employer you are unambiguously warned that it is necessary to linger quite often on service late? Perhaps, in that case you should probe carefully a situation with bonuses which have to be due to employees for systematic processing.

to you it is necessary to

As it is known from the school textbook of history, a slave labor - the most unproductive. The same definition without any stretch can be applied safely to some cases of coercion to overtime work. Eventually, why you have to endow time intended for rest and a family for the sake of work, intellectual or physical costs of which performance do not compensate to you?! And therefore it is necessary to know that the first two hours of overtime work pay for the law at the rate of one and a half usual rates for working hour. Further in each hour you will receive already twice more than put. The concrete sizes of a payment for overtime work are stipulated in your employment contract. Therefore at the time of its signing be not too lazy to study the corresponding point regulating your rights and duties. Besides, if more money you appreciate own health and good health, then the processed time can be exchanged for additional compensatory holidays (not smaller temporary duration, than it was fulfilled overtime) - the law on work provides it too. But once again I want to emphasize: the speech about privileges can go only when the fact of carrying out overtime works is officially issued. Usually about it issue the special order. If there is no document, and there was only an oral order any of representatives of administration, then it will be possible to prove the right for compensation only through court or having complained in labor inspection or in other supervising instance.

it is not allowed by p

Under the law on work it is impossible to involve subordinates in overtime works which are continued more than four hours within two days in a row and more than 120 hours a year. Besides, it is not necessary to allow to overtime works:

with

In the law it is highlighted that women with children from three to fourteen years (or having the child - the disabled person), and also disabled people to whom on medical indications processings are forbidden can be involved in overtime works only from their written consent.

Bossy arbitrariness or sign of poor organization of work?

“I know that under the law overtime works should not last more than four hours within two days in a row, however the administration pripakhivat us in the purposes nearly every day, - Sergey, the employee of the service center for repair of household appliances says. - Usually it is motivated with the fact that it was not succeeded to serve all clients or there are urgent orders. But to us for the fact that we instead of six o`clock in the evening go home to eight and even to eleven nothing is paid extra! Sometimes the chief on the generosity throws to us on all change a small tip, but much more often only feeds with promises to pump up well children money for urgent work. At us already, frankly speaking, the patience comes to an end. I know that someone from my colleagues even made the copy from the magazine where fix arrival - departure of all employees to show it in court together with the claim for collecting money for a systematic sverkhurochka. Say to me that supposedly it is possible to make the owner responsible if all our change confirms in court that it violated our rights. But I think that even if seven people also will venture it to make, then the director will bring into court of 20 - 30 witnesses who will give evidences in its advantage“.

However, not always the management is guilty

of processings. Happens that systematic sleepless nights at office are caused by inability of the person competently to organize the work. Let`s give one of characteristic certificates in this plan.“ I rather often have such situations when it is necessary to pore over documents all night long. I understand that the reason that I for myself am very foul a time - the manager: I cannot organize work so that not to arrange myself a work involving all hands on the eve of commissioning of the project. But such is force of a habit which remained with me since student`s times when all semester I was engaged in anything except study, and on the eve of session did not sleep on two - three nights in a row, cramming the missed lectures. In general, in firm of nobody to work for us in the evenings do not force, just whom? that is brought by the colleague who in time did not hand over important information; who? that was in office later than usual and wants to make up for lost time. And there are just chronic workaholics whom you will not expel from office. Though not everywhere processings - business especially voluntary. For example, I know the company where after the termination of the working day all employees remain on the workplaces God forbid not to leave before the chief, differently deprivation of an award or reduction zar - payments, and even dismissal will follow at once“.

By the way

Should not think that in the West there are no violations of the rights of workers. For example, in the USA where the labor law the same as now and at us, demands that the owner of the enterprise officially issued the order on overtime work, capitalists rather often neglect formal conventions, on? black operating the personnel. So, recently serving one very large American company, having lost patience, made the multi-billion collective claim to the management which for many years forced the workers to stick free of charge over put, at once dismissing those who dared “to stand up for the rights“. Protection locked the staff of other company which is engaged in retail trade according to the order of the management in the territory of a mall in the evenings until people did not settle accounts with all necessary affairs. At the same time in cards of the accounting of working hours did not enter information on processing. Thus, businessmen significantly saved on hiring of personnel for a night shift. And meanwhile according to the same American researchers regular overtime work is capable to worsen significantly health of the person and even to lead to this or that trauma. The European Parliament at last paid attention to a problem of overexploitation of hired workers and prepares the law on essential restriction of the rights of employers in this sphere. In this regard it is necessary to wish and to domestic legislators to show real care of people of wage labor, but not to refuse not the worst gains of former system.