When is it permissible to engage an employee to work overtime? Overtime work is not allowed

According to current labor legislation, the employer has the right involve your employees in overtime work, i.e. performing work duties outside the standard working hours.

In this article we will look at what this means in practice overtime work, what guarantees and compensations are due to employees involved in labor duties beyond the duration of their working day, how overtime work is paid and what documents it is drawn up.

Overtime concept

Overtime work- this is the performance by an employee of labor duties on the initiative of the organization’s management in excess of the time limit provided for this person during the day or for a certain time period subject to accounting. In the case of using summarized working time recording, overtime work refers to hours worked by a person in excess of the basic number of hours for the period subject to accounting. If an employee has a reduced working day, then the time worked in excess of it is also considered overtime.

It should be noted that the statutory basic weekly working hours determined in size 40 hours. For some categories of workers, it is reduced, taking into account the specifics of the job duties they perform (teachers, doctors, women who work in the Far North, workers engaged in harmful and dangerous work), as well as their physical characteristics (disabled people of categories 1-2) .

Additional leave for hazardous working conditions

There is also a list of persons who may not be required to work overtime . These include pregnant women and minors. There are exceptions to the latter - these are minor athletes and creative workers, the list of which is contained in Decree of the Government of the Russian Federation dated April 28, 2007 No. 252.

Procedure for engaging in overtime work

An employer has the right to involve its employees in overtime work only with their written consent in cases where:

1. It is necessary to complete the work begun, which was not completed within the established time due to technical reasons, and failure to complete it may lead to damage or destruction of the organization’s property or pose a threat to the health and life of workers and other people;

2. It is necessary to complete repair work on structures, as well as mechanisms, due to malfunction of which the work of a large number of employees of the organization may be stopped;

3. It is necessary to ensure continuous work in a certain area in the event of a shift worker’s absence. In this case, the employer is obliged to ensure that the shift worker is replaced by another person as soon as possible.

If an employee does not want to perform work beyond the established working hours, he has the right to write a written refusal. Such a refusal should in no case be considered a violation of labor discipline. But there are a number of cases that are provided for in Part 3 of Art. 99 of the Labor Code of the Russian Federation, when the employer does not need the employee’s consent to work overtime. This:

How to fire for violation of labor discipline

1. Work within the framework of measures to prevent a disaster, industrial accident or measures to eliminate the consequences of situations of this kind;
2. Work to troubleshoot problems in water, heat, gas supply systems, lighting, communications and transportation of citizens;
3. Work under conditions of a state of emergency or martial law, when the life and health of a large number of citizens are at risk.

As for consent to perform overtime work, it is given by the employee in each specific case separately. It is impossible to provide for the involvement of employees in overtime work in an employment contract.

Overtime and irregular working hours

It is worth noting that in cases where an employee is late at work not at the direction of management, but at his own request, his work is not regarded as overtime. Likewise, what is provided for an employee cannot be equated to overtime work. In this case, we are talking about a special labor regime, when the employer, if necessary, has the right to require subordinates to perform some labor functions at times not included in the basic working day. About what is established for an employee irregular working hours, must be stated in the employment contract, by signing which the employee agrees to such a working condition. Accordingly, work on an irregular working day schedule in excess of the established amount is not paid, and for the purpose of compensation, the employee is given additional leave - at least 3 calendar days.

Additional paid leave: what are the features?

Work under GPC contracts, as well as internal or external part-time work, cannot be classified as overtime.

Duration of overtime work

The Labor Code provides for the maximum possible number of hours that a person can work above the norm for 2 days in a row and throughout the year. These are 4 hours and 120 hours respectively. In addition, the internal regulations of the organization may establish a maximum number of hours per month, which overtime work should not exceed. This is typical for railway transport workers, drivers, etc. For example, for a minibus driver, when calculating the total amount of working time, the working day cannot exceed 12 hours. The exception here will be cases in which it is necessary to complete the flight or wait for a replacement. True, the duration of a shift of 12 hours can be fixed by the driver’s work schedule, and there is no talk of overtime work.

To avoid cases of non-compliance with the established limits of overtime work, the employer is obliged to keep strict records of time worked for each employee individually.

How is overtime paid in 2017?

The procedure for paying overtime hours is regulated by Article 152 of the Labor Code of the Russian Federation. Unlike the previous rules for payment of hours worked in excess of the norm, in this edition there are no differences in payment for overtime work for employees working on a piecework or time-based basis. It is possible for the employer to approve specific amounts of payment for overtime work in an employment or collective agreement, but not lower than those established in Art. 152 of the Labor Code of the Russian Federation, which defines the minimum threshold of payment for excess hours of work.

Overtime work must be paid at an increased rate regardless of the employer’s compliance with the procedure for involving an employee in overtime activities. For example, if it is revealed that there is no written consent of the employee, but there was a verbal order from the manager, the work performed is considered overtime. And in addition to the explanations of the direct executor and witnesses, various documents can serve as proof of its implementation, for example, car waybills with marks from officials about the time of departure and return of the car to the garage, as well as location at specific addresses at the end of the working day.

In any case, overtime work is paid for the first two hours of work at one and a half times the rate, for the following hours - at 2x. This is the minimum threshold provided for by the Labor Code, below which you cannot pay, but above it you can. This kind of provision can be fixed in a collective agreement, regulations on remuneration and other regulations for the enterprise.

In addition to increased pay for overtime hours, as an alternative, it may be possible to provide additional hours of rest in an amount not less than those worked in excess of the norm. The written consent of the employee must be obtained for such a replacement, and the time for using such compensation must be agreed upon by both parties.

At the same time, the Labor Code does not define the maximum duration of rest time provided as compensation for overtime worked. More specifically, this can be stated in a collective or labor agreement or other local acts of the organization.

Experts in the field of labor law recommend that the type of compensation for overtime worked be specified directly in the employee’s written consent to overtime work. If these are additional hours of rest, then it is recommended to write down their number here.

Procedure for engaging in overtime work: documentation

As noted above, the inclusion of provisions regarding the consent of employees to perform overtime work in a collective or labor agreement, as well as other local acts of the organization, is not allowed.

Sample of overtime notice:

First of all, the fact itself that served as the reason for overtime work is recorded. In most cases, this is due to the absence of a replacement from work. The fact that a shift worker did not show up for work or for any other reason for overtime work must be reported to the head of the organization or another official who makes decisions regarding overtime work. At the same time, a memo is drawn up describing the incident and justifying the need to involve employees in overtime work.

Often, employers are forced to attract specialists to work outside the normal working hours. Such actions are not prohibited by Russian labor legislation, but have a number of restrictions. Which employees are not allowed to work overtime? In what cases is the consent of an individual required, and when not? Let's look into the legislative nuances.

By the normal working hours of personnel, the Labor Code of the Russian Federation understands a weekly workload of 40 hours (stat. 91). If, by order of management, employees stay at work longer than the time required by regulatory requirements, they talk about overtime.

This procedure applies to enterprises of all forms of ownership and types of economic activity. It doesn’t matter what kind of business we are talking about - small or large, manufacturing or trading. In any company, overtime work refers to the employment of specialists in excess of established norms. The employer decides who is involved in overtime work. But at the same time, it is necessary to take into account the specifics of the legislation, according to which some workers are prohibited from being involved in overtime, while others are allowed, but only with consent.

When is it permissible to engage an employee to work overtime?

If the employee does not object to overtime, the employing company may involve such persons in overtime. But the employer’s involvement of the employee in overtime work is allowed only with the consent (written) of the individual. Such cases are named in Part 1 of Art. 99:

• For urgent completion of work not completed on time, the delay must be caused by technical or production conditions. Failure to perform work may pose a threat to the health (life) of citizens or cause death and (damage) to the employer’s assets, including state/municipal facilities.
• To carry out temporary repair (restoration) work - a corresponding breakdown can suspend the work of the organization for a larger number of the workforce.
• To replace a shift worker who did not show up - such situations are unforeseen for organizations with a continuous work schedule.

It is not necessary to obtain specialist consent for overtime in exceptional circumstances. Such situations are strictly regulated by the Labor Code. The list is given in Part 2 of Art. 99:

• For work caused by the need to prevent natural disasters, industrial accidents or catastrophes, as well as eliminate the consequences.
• For work of socially necessary purposes, carried out to eliminate the causes that disrupt the operational functioning of the water supply, cold water, gas and heat supply, drainage, communications, lighting and transport networks.
• For work caused by the introduction of a martial law or state of emergency, including the threat of disasters, disasters, epidemics, etc.

When overtime work is not allowed:

• If the employer does not have the individual’s consent to overtime, in situations where such a document is required according to Stat. 99.
• If the employee belongs to categories of persons who under no circumstances should be involved in overtime.

Is it possible to involve disabled people in overtime work?

According to legislative norms, employees with disabilities belong to one of the preferential categories of personnel. In accordance with the provisions of Art. 99 disabled workers may be required to work overtime. But only if the specialist himself does not object to such employment. To comply with personnel records requirements, the employer is required to notify an employee with a disability of the right to refuse overtime. If the person does not object, written consent is required to be submitted to management.

Is it possible to involve pregnant women in overtime work?

Under no circumstances should employers employ pregnant women overtime. This is one of the most protected categories of personnel. Even with consent, workers expecting children cannot be involved in overtime (stat. 99, 259 Labor Code).

The following categories of personnel are not allowed to work overtime:

• Women expecting children.
• Employees who have not reached the age of majority, that is, under 18 years of age.
• Specialists during the period of validity of student contracts.
• Workers who have medical contraindications to overtime.
• Other persons according to regulatory requirements.

Note! The total duration of overtime for a specialist should not exceed 4 hours for 2 consecutive days and 120 hours for a year. The employer is required to keep accurate records of the time actually worked.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Overtime work is a forced measure that the employer has to take. We will discuss who cannot be involved in overtime work, what documents must be drawn up to attract an employee to such work, and how to formalize the employee’s consent to work overtime.

From this article you will learn:

• who should not be involved in overtime work;
• what documents need to be drawn up to attract overtime work;
• How to formalize an employee’s consent to work overtime.

Who can be involved in overtime work

Current legislation allows the employer involve workers in overtime work (ORS) at the initiative of the company management. Overtime is considered to be work outside the working hours established for the employee: a daily shift, and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period ().

The employer has the right to involve an employee in work beyond the established working hours if the following situations arise:

• the need to complete a task that was not completed according to technical specifications and may lead to damage or destruction of the employer’s property or pose a threat to the life and health of people;
• carrying out temporary tasks for the repair and restoration of mechanisms or structures if their malfunction causes the termination of the work of other employees;
• continuation of work due to the absence of a replacement employee, if the work does not allow a break.

In these cases, the employer must receive written the employee’s consent to be involved in the RMS.

Who should not be required to work overtime?

Please note: there are categories of employees who cannot be required to work overtime. These include:

• pregnant women ();
• minor employees (with the exception of professional athletes and creative workers, the list of professions and positions of which is approved) (Article 99 of the Labor Code of the Russian Federation, Article 268 of the Labor Code of the Russian Federation, Article 348.8 of the Labor Code of the Russian Federation);
• employees working under an apprenticeship contract (Article 203 of the Labor Code of the Russian Federation);
• employees who have a conclusion about medical contraindications regarding the RMS (Article 99 of the Labor Code of the Russian Federation).

Who should not have contraindications to working overtime?

The employer must take into account that there are employees for whom written consent is not the only condition that such an employee can be involved in the RMS. When involving them in such work, the manager must make sure that they have no medical contraindications. Such employees are considered:

• women with children under three years of age;
• single mothers (fathers) raising children under the age of five;
• disabled people;
• employees with disabled children under 18 years of age;
• workers who care for sick family members.

All employees belonging to the above categories must be informed in writing of their right to refuse to be involved in the RMS (,)

For whom are reduced working hours established?

It is also important to remember that there are categories of employees for whom reduced working hours are legally established. For them, the RMS will be the one that exceeds the duration of their shortened week or shift (). Such employees include:

• minor employees ();
• disabled people (Article 92 of the Labor Code of the Russian Federation);
• employees employed in industries with harmful and dangerous working conditions (Article 92 of the Labor Code of the Russian Federation);
• women working in the Far North ();
• teachers (Article 333 of the Labor Code of the Russian Federation);
• health workers (Article 350 of the Labor Code of the Russian Federation).

Example of calculating processing time:

The organization's employees have a 40-hour, 5-day work week with days off on Saturday and Sunday. In February 2016, an accident occurred at the company building. To eliminate its consequences, management asked worker A.G. Vasiliev. stay after the end of the shift: February 11 - for 3 hours, February 12 - for 2 hours.

In addition, the employee went to work for 8 hours on a day off, February 13. In February 2016 - 29 working days. The normal working hours for a 40-hour workweek is 159 hours. In fact, Vasiliev A.G. worked 172 hours, with overtime of 13 hours. For this overtime, the employee is entitled to an additional payment.

Situation: is the work activity of more than 40 hours per week of an employee who has an irregular working day considered an RMS?

No, it doesn't count. The irregular working hours regime has the following feature: by decision of management, some employees work overtime regularly (Article 101 of the Labor Code of the Russian Federation). In this case, overtime is compensated for by additional rest time (Article 119 of the Labor Code of the Russian Federation) and there is no need to pay extra for the RMS.

Situation: in what cases is work within the schedule, but in excess of 40 hours per week, considered RMS?

Labor legislation establishes the working week as 40 hours (). In cases where the schedule involves working more than 40 hours a week, the employer must introduce a summarized accounting of working hours. In this case, he will be able to calculate the number of overtime hours worked based on the results of the accounting period (month or quarter). RMS will be considered work in excess of the normal number of hours during the accounting period (Article 99 of the Labor Code of the Russian Federation).

There is another important feature of involving workers in RMS: the duration of such work is limited by law. Overtime should not be more than four hours for two days in a row and more than 120 hours during the year, and the employer is obliged to ensure an accurate record of the duration of the RMS of each employee (Article 99 of the Labor Code of the Russian Federation).

How to apply for overtime work

The law establishes the following procedure for employers to formalize the involvement of employees in the RMS:

• execution of an order to involve an employee in the RMS. There is no unified form for the document; the order can be issued in any form or in the form established by the organization;
• drawing up a notification about the possibility of refusing the RMS (if the employee belongs to the corresponding category). Women with children under three years of age, as well as disabled people (,) must be notified of the right to refuse the RMS.
• registration of the employee’s written consent to be involved in the RMS (if necessary)

The legislation does not regulate the registration of an employee’s consent; accordingly, the document can be drawn up in the form of an application in any form or in the form of an employee’s mark on the order of involvement in the RMS.

In addition, the law obliges the employer in some cases to take into account the opinion of the elected body of the primary trade union organization ().

When can an employee be involved in overtime work without his consent?

Sometimes the employer is forced to involve employees in the RMS without even receiving their consent. This is only allowed in the following situations:

• when performing tasks necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sanitation systems, gas supply, heat supply, lighting, transport, communications systems;
• when performing tasks the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing danger threat to the life or normal living conditions of the entire population or part of it.

Situation: how to notify an employee of the right to refuse overtime work

The legislation does not regulate the form of notification to an employee about involvement in the RMS, but indicates that this must be done in writing (). It is advisable to notify the employee before the relevant order is issued, so it is better to draw up the notification in the form of a separate document and familiarize the employee with it against signature.

If the organization has a trade union, its opinion should also be taken into account. However, this is not required in the following cases:

• the employee must complete the work that he was unable to complete in a timely manner due to an unforeseen delay that poses a threat to life, health or the risk of property damage;
• mechanisms or structures are repaired, the malfunction of which would interrupt the activities of other employees;
• when working with a continuous production cycle, the employee’s replacement did not show up. In this case, you need to find another replacement as soon as possible.

Consent to overtime work

Consent can be issued in the form of a statement in any form, or the employee can put a note on the order to be involved in the RMS that he agrees to the overtime.

If there is a trade union in the organization, then it is necessary to take into account its opinion ().

Overtime pay

The RMS should be compensated to the employee with increased pay. The first two hours of overtime are paid no less than one and a half times the rate, and subsequent hours – no less than double. The employer has the right to set a higher wage. Moreover, such work can be compensated by additional rest time, and not increased pay, but no less time worked overtime (). But this can only be done at the request of the employee himself.

Under normal labor conditions, additional payments for overtime are accrued monthly along with wages for a specific month (). When recording working hours in aggregate, it is possible to determine whether a particular employee had overtime only after he has worked the standard working time for the accounting period. Such a period can have any duration - a month, a quarter, a half-year, but should not exceed a year (part one of Article 104 of the Labor Code of the Russian Federation). Consequently, the RMS must be paid in the first month after the end of the accounting period within the deadlines established for the payment of wages.

Please note: the procedure for calculating additional payments for overtime when recording working hours in total is not specified in the law.

Therefore, one should be guided by the Recommendations of the State Committee for Labor (approved, decision of the Supreme Court of the Russian Federation of October 15, 2012 No. AKPI12-1068). Thus, the first two hours of overtime, which fall on average on each working day of the accounting period, are paid at one and a half times the rate, and at double the rate for subsequent hours.

If an employee is not paid for hours worked in excess of the norm within the established time frame, this will most likely lead to litigation. And if such a violation is revealed by the State Tax Inspectorate, the employer faces an administrative fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Overtime accounting

In the working time sheet, the duration of the RMS is indicated by the letter code “C” or the digital code “04”, under which the number of hours and minutes worked overtime is indicated. If the overtime is not reflected in the timesheet, then this is a good reason to bring the employer to administrative liability (decision of the Moscow City Court of December 12, 2014 in case No. 7-9197).

In general, in order to engage an employee to work overtime, the employee’s consent is required, but in some cases such consent may not be obtained. This article will provide explanations regarding the legality of involving employees in overtime work without the consent of the employee in 2018.

What applies to overtime work?

According to Art. 99 of the Labor Code of the Russian Federation, 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 time - in excess of the normal number of working hours for the accounting period.

The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

Calculation of overtime pay

Payment for work overtime is regulated by Art. 152 Labor Code of the Russian Federation:

If night work is overtime, payment is made taking into account the night work time.

Example:

Loader Grishin G.G. On November 2, 2017, I had to work overtime (from 18:00 to 20:00).

Salary of Grishin G.G. 10,000 rubles.

In November 2017, there were 21 work shifts.

The working day is 8 hours.

Calculation of surcharge:

– for the first 2 hours (18:00-20:00): (10000/21)/8*50%=59.52*2(hours)=119.04 rubles.

To organize personnel records in a company, beginner HR officers and accountants are perfectly suited to the author’s course by Olga Likina (accountant M.Video management) ⇓

How is overtime pay taxed?

In accordance with the tax legislation of the Russian Federation, additional payment made for overtime work is not a payment exempt from taxation and insurance contributions.

The employee will be paid the amount taking into account the deduction of personal income tax.

Overtime work requiring employee consent

In accordance with Art. 99 of the Labor Code of the Russian Federation, it is allowed to involve an employee with his consent in overtime work only in the following cases:

• if it is necessary to perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of the employer’s property ( including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property or create a threat to the life and health of people;
• when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;
• to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

In some cases, overtime work is allowed without the employee’s consent (Article 99 of the Labor Code of the Russian Federation):

• when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sanitation systems, gas supply, heat supply, lighting, transport, communications systems;
• when carrying out work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing danger threat to the life or normal living conditions of the entire population or part of it.

Contraindications for overtime work

In accordance with Art. 99 of the Labor Code of the Russian Federation cannot work overtime or may not work:

Responsibility of the employer for violation of the law regarding overtime work

Violations when involving employees in overtime work refers to a violation of labor legislation, which entails penalties in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation:

Person who has violated the law	Amount of administrative fine (RUB)
The offense was detected for the first time
Executive	1 000 – 5 000
	5 000 – 10 000
	1 000 – 5 000
Entity	30 000 – 50 000
The offense was detected again
Executive	10,000 – 20,000 or disqualification for 1-3 years
Official (accounting violation)	10,000 – 20,000 or disqualification for 1-2 years
Individual entrepreneur	10 000 – 20 000
Entity	50 000 – 70 000

Responsibility of an employee for violation of the law regarding overtime work

If an employee has provided his written consent to work overtime, but has not started work, the employer has the right to take disciplinary action against this employee.

Questions and answers

1. I am 6 weeks pregnant. My replacement is forced to urgently leave for family reasons. The director says that there is no one to work. Does he have the right to force me to work for my replacement?

Answer: No, your director is absolutely wrong. In accordance with Art. 99 of the Labor Code of the Russian Federation, pregnant women are not involved in overtime work, and the duration of pregnancy is not specified. Thus, the director has no right to involve you in overtime work.

1. My child is 2.5 years old. The director asks me to work overtime. Can I refuse?

Answer: According to Art. 99 of the Labor Code of the Russian Federation, women with children under 3 years of age can be involved in overtime work only with their written consent. No one has the right to involve you in overtime work without your written consent.

In some cases, an employer cannot do without involving its employees in working beyond the working hours. Involving an employee in overtime work is allowed only if such an employee does not belong to the category of citizens who cannot be involved in such work.

Standard working hours. Exceeding the norm

40 hours a week is the norm established by labor legislation (Part 2 of Article 91 of the Labor Code of the Russian Federation). This length of working time is considered normal for all employees, regardless of what type of activity the company is engaged in, its organizational and legal form, the type of employment contracts and other conditions.

Overtime in the sense of the Labor Code of the Russian Federation is considered to be work that is performed at the request of the company’s management in excess of the established norm. That is, more hours than are established in a working day or shift. And if the employee has a summarized recording of working hours, then in excess of the norm of working hours established for a certain accounting period.

Which employees are not allowed to work overtime?

The following employees are not allowed to work overtime:

• without their consent (when their consent is mandatory);
• having the right to refuse to work overtime (in emergency circumstances, when the employer has the right to engage in overtime work without consent);
• falling into the category of workers who cannot be brought to work after the end of the working day under any circumstances.

When is it not allowed to engage in overtime work without the employee’s consent?

Engaging in work beyond the established norm is possible only with the consent of employees under the following circumstances:

• to complete work that was not completed due to unexpected delay;

Such delay must be caused by technical production conditions.

In addition, if the consequences of non-completion of work may be damage or destruction of municipal, state property or company property (other persons located in the organization when management is responsible for the safety of this property) or a threat to the health or life of people

• for restoration or repair of mechanisms (structures);

If the malfunction of these mechanisms can cause the cessation of work for a large number of employees

• to continue the work of a shift worker who did not show up for work.

Conditions for engaging overtime work in this situation: work does not allow a break and requires the employer to take immediate measures to replace the shift worker with another employee

In other cases, in addition to consent, the opinion of the elected body of the primary trade union organization must also be taken into account.

That is, if there is no consent of the employee, he cannot be involved in overtime work. There are exceptions to this rule.

When can people be recruited to work beyond normal limits without their consent?

An employer's involvement of an employee in overtime work is permitted without the consent of:

• in order to prevent a catastrophe or accident or to eliminate their consequences and the consequences of a natural disaster;
• for public works to eliminate unforeseen circumstances that disrupt the normal operation of centralized cold water supply and (or) sewerage systems, hot water supply, gas supply systems, transport, heat supply, communications, lighting;
• in a state of emergency or war, as well as for urgent work in such circumstances in the event of a threat of disaster or directly during the disaster itself (floods, fires, famine, earthquakes, epizootics or epidemics) and in other circumstances that threaten normal living conditions or the life of the population .

The only people who can refuse such work are:

• employees who are parents of disabled children;
• disabled people;
• a parent raising one (without a spouse) child under five years of age;
• women with children under three years of age;
• workers caring for sick family members (if there is a medical certificate);
• guardians (trustees) of minors.

Who should not be involved in work beyond the norm?

• pregnant women;
• workers under 18 years of age (except for some creative workers and athletes);
• employees during the term of the apprenticeship contract;
• other employees when this is not permitted by law (for example, due to medical contraindications).

As you can see, disability itself is not a legal basis for the impossibility of involving an employee in overtime work. The main conditions are that such an employee agrees to such work and the absence of medical contraindications. Therefore, it is possible to involve disabled people in overtime work subject to these conditions.