What time is considered night hours? Terms of payment for evening and night work hours

Human physiology is such that at night he needs rest. In most cases, work coincides with the usual biorhythms, and problems arise only with early awakening. However, there are situations when the interests of the company require night work.

This may be a planned continuous production or an emergency situation. But in any case, staying awake at night is quite difficult for many. In this regard, the law provides bonuses for employees, namely additional charges for night work.

Night work time— from 22.00 to 6.00

The concept of “night time” is defined in accordance with Art. 96 Labor Code of the Russian Federation. According to it, this concept covers the period from 22.00 to 6.00 the next day.

The work shift must be one hour shorter than the day shift, and this hour is not subject to further work. But there are exceptions to this rule:

• the employee was hired specifically to work at night;
• is already working on a reduced schedule;
• a person works on a six-day schedule with one day off;
• when production specifics require it.

Who can work at night

Employees are required to work at night depending on production needs and changing schedules. The employer does not have the right to leave the following categories of employees at work after 22.00:

• pregnant women;
• persons with medical contraindications;
• minors.

There is an exception to the last point. If the activity of a person under 18 years of age is related to artistic or creative activity, its operation at night is acceptable. This rule is usually used when minors are required to participate in performances or filming. In all other cases, it is prohibited to engage pregnant women and minors to work at night, even if they themselves express such a desire.

Only with the written consent of the employees themselves can you withdraw:

1. disabled people;
2. parents caring for a disabled child;
3. a single parent or guardian raising a child under 5 years of age;
4. mother of a child under 3 years old;
5. persons who, according to a medical certificate, are caring for a sick family member.

At the same time, the law obliges not only to invite them to go to work at night, but also to notify them in advance of the right to refuse this. In case of refusal, he has no right to force, even in cases where there is a need night work dictated by an urgent need - an accident, a shift worker’s failure to show up for work, etc.

How is night work paid?

They should pay significantly more for night work!

Since working at night contradicts the physiological needs of the body for rest and causes discomfort to a person, the employer is obliged to compensate for it with increased pay. The amount of the bonus is regulated by internal local acts of the organization (collective agreement, Regulations on remuneration), but cannot be less than 20% of the standardized wages(Article 106 of the Labor Code of the Russian Federation). It does not matter whether a person works piecework, hourly or salaried. But if there is a lunch break at night, it is not paid.

Increased payment is subject to each hour that the employee spent at the workplace between 22.00 and 6.00, performing job responsibilities. But if it involves presence at the workplace beyond this time, for example, from 20.00-8.00, time beyond the legally established night period is paid in the usual way. The exception is cases when local acts Additional payments are provided, for example, for evening time.

Example. Seller V. worked a full month, which included 20 working days (160 hours). Of these, 10 occurred on the second shift, which lasts from 16.00-24.00. Thus, the number of night hours each shift is 2 hours, and for the entire month 10*2=20. Let's say her salary is 20 thousand rubles, and the night coefficient in the company is 20%. Then the additional payment for work at night will be: 20000/160*20*0.2=500 (rub.).

There are nuances of remuneration for night work regarding business travel allowances. So, if the assigned tasks require night work, this time is paid on a general basis. But if night time occurs on the road, additional payment for this is not provided by law and remains at the discretion of the employer. Travel to the place of work is also not included in the payment, even if it falls at night.

Night overtime pay

There are situations when the need to stay after 22.00 is caused not by the work schedule, but by an emergency situation: failure to fulfill the plan, lack of a shift worker, accident, etc. According to the Labor Code of the Russian Federation, overtime work also paid at an increased rate: the first 2 hours with a coefficient of 1.5, subsequent ones - at double the rate. If the overtime hours fall at night, they are increased by both factors.

Example. K. works as a service technician. His working day ends at 20.00. But due to an accident at the site, he had to stay at work until 23.00. Thus, overtime work amounted to 3 hours. Let's say that the rest of the time he worked according to schedule. In this case, he has 1 hour of night work on his timesheet (from 22.00-23.00). In addition to the increase by the night factor, this time is subject to double pay as the third hour of overtime. Let’s say K.’s salary is 30 thousand rubles, and the company has established a night bonus of 30%. If for the current month K.’s working hours are 168 hours, then the additional payment for night work will be:

30000/168*2=357.14 (rub.) – additional payment for overtime;

30000/168*0.3=53.57 (rub.) – additional payment for night time.

Plus, an additional payment will be added for the first two hours of overtime work: 30000/168*1.5*2=535.71 (rub.). Thus, the total additional payment will be 357.14 + 53.57 + 535.71 = 946.42 (rub.).

Night work on weekends and holidays

All payment nuances depend on the organization you work for.

Like overtime, pay for night work on a weekend is subject to double increase - both night and after-hours. At the same time, if a person works on a shift schedule, days off are considered not the calendar day, but the days of rest provided for by this schedule. Work in holidays paid double regardless of the schedule.

For example, the company has a continuous shift schedule, in which the second shift occurs from 19.00-7.00 the next day with a lunch break from 24.00-1.00. Thus, the duration of the work shift is 11 hours, and night work is 7 hours. Due to the fact that L. went on another vacation, management asked O. to work his shift on his day off.

Thus, work on a weekend will be paid at double the rate plus the standard night bonus. If O.’s salary is 25 thousand rubles, the standard working time in the current month is 176 hours, and the company has adopted a standard 20% bonus, for night work on a day off he will receive for that day:

• 25000/176*11*2=3125 (rub.) – payment for work on a day off;
• 25000/176*7*0.2=198.86 (rub.) – payment for night hours.

The total additional payment will be equal to: 3125+198.86=3323.86 (rub.).

Another example. The company operates a continuous shift schedule. Employees whose night shift fell on the day from 4.11 (a public holiday) to 5.11, in addition to the standard 20% bonus, will receive payment with an increasing factor for 2 hours of work on 4.11 (from 22.00-24.00). Those whose shift fell from 3.11-4.11. will receive an additional payment for hours from 24.00-6.00.

Example. S. went to work in accordance with his schedule from 7.03 to 8.03. The shift lasts from 18.00-5.00, lunch break from 23.00-24.00. Thus, 5 hours fall on the holiday, a total of night shift accounts for 6 hours. With a salary of 20 thousand rubles. and 176 working hours per month, for work that falls on a holiday, S. will receive:

• 20000/176=113.64 (rub.) – average hourly salary;
• 113.64*5*2=1136.4 (rub.) – additional payment for work during holiday hours;
• 113.64*6*0.2=113.64 (rub.) – additional payment for night work;

The total additional payment for this day will be: 1272.82 (RUB)

Industry agreements

The law defines a minimum surcharge of 20%. beyond this coefficient the employer sets at its discretion. But there are exceptions: if commercial organization signed an industry agreement, she must pay night shifts according to it. The following figures apply today:

• 40% for construction organizations;
• 35% for employees railway transport, metro, catering organizations;
• 75% for textile and plywood industry enterprises;
• 100% in the production of bread, cereals or flour.

In addition, some industry agreements provide bonuses for evening work in addition to increased pay for night work. They also have other financial guarantees for employees, for example, timely indexation of salaries.

Rules for bringing to work

To bring an employee to work at night, his prior notification and consent is required.

Night work, like other irregular working conditions, requires prior notification of workers and obtaining their consent. The exception is cases when night work is scheduled. In this case, the employee’s signature in employment contract or in an appendix to it (if the change in operating mode occurred after ).

If the need to stay at work after 10 p.m. appears sporadically and is not related to the work schedule, you need to draw up an order. Before doing this, you must obtain the employee's consent to do this. To do this, a document is drawn up in which the employee confirms with his signature his readiness to go to work at night. An order is issued based on this document.

It indicates the full name of the employees, the time and date of unscheduled work, and the payment procedure. All employees specified in the order must also sign to confirm familiarization. In the future, based on this order, the accounting department will make the necessary additional payments.

Employee consent is not required for overtime work, including at night, in the following cases:

• when it is necessary to prevent an accident or eliminate its consequences;
• when the organization’s activities are related to the defense of the state;
• when the consequences of natural disasters are eliminated;
• when work is related to providing people with the necessary communications and household services: electricity, heat supply, gas, etc.

Certain categories of employees

If the employee belongs to the category of persons specified in Art. 96 of the Labor Code of the Russian Federation, the employer must not only obtain their consent, but notify them writing about the right to refuse such work. Only after they sign the document can an order be drawn up.

There is some debate among lawyers about whether prior notice is required of workers' right to refuse night work if they are assigned to a shift schedule. Some believe that a person’s signature in an employment contract automatically means their agreement with the proposed work schedule. Others note that formally, a signature on a document does not indicate their awareness of their rights.

Perhaps they would choose another activity that does not require attendance at night. Judicial practice no on these issues. But if the employer wants to insure himself against possible troubles in the future, before signing an employment contract with the relevant categories of employees, he can notify them, against signature, of the right to refuse to work at night.

Working at night has its pros and cons. It allows you to receive increased pay. For people whose activity occurs in the second half of the day, night wakefulness is quite easy, and at the same time gives free time during the day. At the same time, it can lead to health problems.

Also, not all family members are ready to put up with such a work schedule. loved one. Therefore, when deciding to work at night, especially on a permanent basis, each person is guided by his own motives. The main thing is that at the legislative level, material compensation for the inconvenience caused is guaranteed. The law also provides protection for citizens for whom night work is harmful or inconvenient. It is permissible to involve them in it only with their written consent, and in some cases it is impossible at all.

Watch a video about pay at night:

Night work is regulated by Art. 96 Labor Code of the Russian Federation.

The provisions of this article do not apply to employees of the enterprise who work on reduced working hours, as well as to those who were specially hired to work at night.

Typically, the specifics of night work are regulated by individual internal acts of the enterprise or general agreements with the team of employees, but not a single local document should contradict the law.

The legislation establishes the following restrictions and features of work at night:

• working hours at night are reduced by one hour for almost all employees without any additional sanctions from the employer;
• a night shift can be equal in duration to a day shift if the performance of labor duties at night in full is necessary for the functioning of the enterprise, as well as when performing duties on shifts if the duration of work is 6 days a week;
• there is a special list of workers who cannot be assigned to night work within the framework of current legislation, for example, pregnant women or minors;
• some of the organization’s employees can be involved in work at night only with written consent, with their mandatory familiarization with the possibility of refusing to perform duties at a given time of day;
• regulation of employee activities creative professions and media employees at night occurs through the conclusion of a collective labor agreement, as well as with the involvement of a tripartite commission to determine the need for work at night.

Regulation labor relations when establishing night working hours, it can occur in accordance with the current provisions of labor legislation and federal regulations that directly or indirectly reflect the features of establishing such a schedule, as well as by issuing regulations of a municipality or enterprise.

Who is not allowed to work at night?

Many managers strive to organize continuous work activity at the enterprise, since a lot can depend on this not only for the organization itself, but also for the users of their products or services.

When an organization immediately switches to a 24-hour work schedule, the employer, together with the trade union, develops a work schedule, which should take into account not only work efficiency, but also take into account the infliction of any moral and physical harm to employees. This is expressed in establishing the maximum duration of night shifts in a row, the total time of their duration, as well as the necessary breaks in work.

Employees of the organization must be able to carry out labor activity not only at night, but also during the day, with the exception of cases of hiring an employee at night.

The employer is obliged to notify the team of employees about changes in the procedure for carrying out work one calendar month before actual changes, otherwise such behavior will be considered a violation of current labor laws while respecting the rights of the employee.

TO labor process The following persons cannot be admitted at night:

1. Pregnant women who have confirmed their condition with a medical certificate.
2. For minors, an exceptional case is work for the development of cinematography, theatrical skills and any other creative professions.
3. Employees of the enterprise who, due to health reasons, are unable to perform their duties at such times.

The legislation establishes certain categories of the working population who can carry out activities at will and with the provision of a document confirming it - an application.

• women who have a dependent child aged zero to three years;
• disabled people for whom working at a given time of day will not cause harm to their health;
• employees of the organization who support disabled children;
• workers who, in addition to their work duties, care for sick family members;
• parents and guardians of children under five years of age, if they carry out educational functions alone without a second spouse or guardian.

At the same time, it is established that the application for consent to work must be accompanied by a medical certificate confirming the state of health and the absence of contraindications for night work. The employer is obliged to notify these employees that they have the opportunity to refuse to perform work without any sanctions from management.

A disabled employee who wishes to work under such conditions must provide an extract or report from the attending physician or medical commission about the possibility of working at a given time of day and the absence of contraindications for such work.

Duration and number of night shifts

Art. 96 of the Labor Code of the Russian Federation establishes that the duration of night work is from 7 to 8 hours of working time. Hours are assigned to employees based on their normal working conditions and the availability of fringe benefits.

By general rule night shift is work performed from ten o'clock in the evening to six in the morning the next day. An employee of an organization may be assigned a partially night working day, for example, when setting a schedule from 5 pm to 1 am.

Despite the possibility of reducing the period of night work, some categories of employees are not entitled to it.

Such workers include:

• employees who, due to other circumstances, are entitled to a reduction in long working hours during the day;
• employees specially hired to work at night - night guards or watchmen, for example.

Art. 103 of the Labor Code of the Russian Federation establishes the maximum possible assignment of night work in a row. According to the rules of the Labor Code of the Russian Federation, an employer does not have the right to oblige an employee of an organization to go out at night more than twice in a row.

What hours are considered night hours?

In accordance with Art. 96 of the Labor Code of the Russian Federation, applies to night shifts working time from 10 pm to 6 am. There are some exceptions to this rule, in particular, if more than half of the working time is at night, then the shift is considered a night shift.

If work is carried out, for example, from 20 pm to 4 am, the employer assigns the employee a night shift, but a shift worker who starts at 4 am will not be assigned such a shift.

As a general rule, the total duration of night shifts is regulated by the following acts, but their provisions should not contradict the law:

• local regulations of the enterprise, which establish not only the duration of the night, but also the specifics of payment for night hours;
• a collective agreement, if it has ever been concluded;
• an individual employment contract, which specifies the employee’s duties, time and duration working day or nights, as well as payment terms.

Payment for night hours

Night shifts are paid at increased rates; the size of the increasing coefficient must be established by the Government of the Russian Federation, taking into account the decisions of the tripartite Russian commission for the regulation of social labor relations. In accordance with Art. 154 of the Labor Code of the Russian Federation, the employer is obliged to increase pay for night time, but the provisions of this article do not establish the exact increase. The provisions of the USSR, which are not repealed by regulations of the Russian Federation, are often applied, within the framework of the grounds established by Art. 423 Labor Code of the Russian Federation.

Allowances for night work are established in the following amounts and are regulated by these provisions and norms:

Field of activity of the employee	Supplement for night work	Regulatory normative act
Activities in the field of military affairs	35% of regular daily rate per hour of work
Fire protection
Sentry security
Healthcare workers	50% of the daily rate per hour of work
Employees of penal institutions	35% of the daily rate per hour of work
Law enforcement officials

According to general statistics, employers apply a premium of 20% to 40% for night shifts for each hour of work.

Extra pay for night shifts

In accordance with Art. 154 of the Labor Code of the Russian Federation, an employee who works at an enterprise at night is entitled to an additional payment.

Additional payment is carried out in accordance with the provisions:

• a collective labor agreement, if it is concluded at a specific enterprise and does not contradict current legislation;
• an individual employment contract with a specific employee;
• local regulations of the enterprise where such activities are carried out;
• regulations on payment for night shifts of the USSR, which are in force today;
• Decree of the Government of the Russian Federation of July 22, 2008 No. 554.

Government Decree No. 554 establishes a mandatory minimum premium for night work. In accordance with the provisions of this act, an employee who works at an enterprise at night is entitled to a bonus of no less than 20% of the total daily tariff rate for each shift.

Employee consent to work at night

Carrying out work at night for some workers requires drawing up a document of consent to such workdays. The general list of employees who must sign and submit the relevant document is stated above.

Consent to work on night shifts must be formalized by a person if he is ready, at the request of the employer, to work in the period from 10 pm to 6 am. In addition to consent, it is necessary to provide a medical report on the real possibility of working in such conditions.

The consent usually includes the following information:

• information about the recipient of the application, i.e. employer;
• information about the employee;
• general part, which indicates consent;
• date and signature of the employee.

After submitting the application, the manager forms an order assigning the employee to night shifts in general mode; the employee’s consent and his medical report are attached to the order. Any specific requirements there is no provision for drawing up consent. The document is transferred to the HR department or the manager personally, and then reviewed. As a result, an order is issued to assign the employee to night shifts.

Pros and cons for the employee

Despite the apparent difficulty of working at night, this schedule has its pros and cons.

Significant advantages include:

1. The shorter duration of the working night compared to the day means that the employee will actually work less than his daytime colleagues.
2. Increased wages, on average from 20 to 50%, depending on the specifics of work and field of activity.
3. Additional days off, which are assigned as a supportive measure.
4. In some cases, more loyal working conditions.
5. Free day or evening.

Serious disadvantages:

1. Night shifts are a serious blow to health, because... The body needs to sleep during this period of time.
2. Not only physical health problems may arise, but also psychological ones - alienation, apathy and depression.

Night shifts are a choice between the employer and the employee, since in most cases the appointment of such a work schedule requires written consent from the employee. Moreover, the employee can either accept the employer’s offer or refuse it without any sanctions from management.

Download

You can download a sample Application for Consent to Work at Night in .doc format

In order to ensure the safety, health and well-being of citizens, police, security guards, doctors, and representatives of public utilities work at night. Taxi drivers, hotline operators, and service industry employees do their work at night. Drivers drive trains, bakers bake bread at bakeries... Working at night is not easy, so the regulation of such activities has its own specifics.

Night work

Working at night in our country is permitted by law. Article 96 of the Labor Code of the Russian Federation defines night time as the period from 10 p.m. to 6 a.m. Work during this period is considered employment in conditions different from normal, therefore, according to the Labor Code of the Russian Federation, payment for night hours to persons who perform their official duties during the specified period is guaranteed at an increased rate.

The specific amount of payment can be determined in an agreement with each employee, a collective agreement or other regulatory act of the organization. However, in any case, payment for night hours cannot be lower than the minimum established by Russian labor legislation.

The amount of payment to an employee for this type of employment at the end of the month depends on the mode in which he went to work shifts, as well as on the reasons for his involvement professional responsibilities at night time.

Operating mode

The mode in which the employee will work is determined by agreement with the employer. And this is an important condition of the employment contract, which must be agreed upon and spelled out in advance. It is especially important to fix the work shift schedule for those individuals whose schedule differs from the general one established for the rest of the team members of a given organization or enterprise in terms of working hours. What is the payment procedure for night hours? It is also defined in the employment contract with the employer.

With shift work, usually some part (or all of it) occurs between 10 pm and 6 am. Payment for night shifts is always made at a higher rate than that established for daytime employment.

When concluding an employment contract, pay attention to important point. The document must indicate which hours of work are considered night hours. The schedule and rotation of shifts are also discussed with the employer. According to the Labor Code of the Russian Federation, the duration of work at night should be shortened by one hour (without further work).

When work occurs without shift reduction

In some cases, the duration of the shift is not reduced, even if part or all of it falls during the night hours. This is allowed when working a six-day shift with one day off per week. With this regime, the duration of the night shift is equal in time to the day shift.

There is no reduction even if a person was specifically hired for night work. This possibility is provided for in the Labor Code. Of course, the condition of permanent employment at night is fixed in the employee’s contract.

Representatives of such professions as watchmen, dispatchers, operators and a number of others work full time, without reducing its duration, but they are paid night shifts according to the Labor Code of the Russian Federation.

Who should not work at night?

According to labor legislation, not all people are allowed to work from 10 pm to 6 am.

You cannot work at night:

• pregnant women;
• employees under 18 years of age (with the exception of representatives of creative professions in some cases);
• women with children under three years of age;
• single parents with children under five years of age (both mothers and fathers);
• disabled people

The last three categories of persons can be involved in the relevant employment only with their written consent. In this case, the employer must fulfill an important duty: to familiarize specified works nicknames with their right to refuse (in writing). And, of course, payment for night hours is made according to the Labor Code of the Russian Federation if agreed. There is no legally developed form for familiarizing an employee with his rights and giving consent to work, so it is considered quite acceptable to simply write “agree/disagree” on the order.

When should night shifts be reduced?

In general, according to the provisions of labor legislation, the duration of night work is reduced by 1 hour. For example, if a shift lasts 8 hours, its duration is reduced to 7.

Time is not reduced for the following employees:

• hired to perform professional duties only at night;
• persons who have reduced working hours (for example, in industries with harmful and dangerous conditions);
• employees working on a short-time basis (upon their application or agreement with the employer).

The employer may exercise the right not to reduce the duration of the shift for a certain list of jobs in cases related to working conditions. At the same time, he must agree on the specified list with the organization’s staff. The list of places where working hours are not reduced is included in the collective agreement or other administrative act of the company, order, regulation, etc.).

Legislative regulation of night employment

Night shifts include labor legislation to work in special working conditions. Unlike daytime work, night work does not allow the body to rest naturally, overloads its nervous and endocrine systems, and affects the functioning of the heart. That is why payment for night time is made in an amount increased in comparison with that provided for by law for traditional hours.

Article 149 of the Labor Code of the Russian Federation indicates that a worker in conditions not recognized as normal (including at night) must be accrued additional payments, provided both by the legislation itself and by internal regulatory documents(collective agreement, agreements). At the same time, payments according to local regulations cannot be reduced in comparison with those provided for by federal legal documents.

Payment for night hours according to the Labor Code of the Russian Federation is regulated by Article 154, which also establishes that the minimum threshold for the amount of payments for the relevant work cannot be less than that established taking into account state guarantees.

What determines the amount of extra pay for night work?

The minimum amounts of increased pay for night time are determined by Decree of the Government of the Russian Federation of July 22, 2008 No. 554 and amount to 20 percent of the additional payment to the hourly tariff rate (salary).

In each specific case, the amount of such remuneration for night work can be found out from the provisions of the internal document on payment adopted by the organization, taking into account the opinion of the team, or from the employee’s employment contract itself.

The legislation guarantees that when a person goes on night shifts, he will receive a salary that is 20% higher than usual.

Pay for night work

Each organization, based on its capabilities and interests, has the right to determine how to pay for night hours if the additional payment exceeds the 20 percent minimum guaranteed by labor legislation. The basis for this may be an internal document of the enterprise (regulations, collective agreement, employment contracts of employees). Payment for night hours according to the Labor Code of the Russian Federation is calculated taking into account the cost of an hour of work of an employee (tariff, salary) without taking into account other allowances and additional payments. The employer, however, is not tied to this calculation procedure and can establish it in a different form and amount, but only if the legally established level is exceeded.

Yes, for employees medical institutions This additional payment is 50% of the hourly salary. And employees of the paramilitary, fire protection and penitentiary systems are entitled to 35% of the specified salary.

Rules for calculating increased payment

The procedure for how night work is paid is prescribed in Resolution No. 554. Also currently in force in the Russian Federation is Explanation of the USSR State Committee for Labor of 1972 No. 12/13, which establishes the rules for calculating the hourly rate to determine additional payment for night work. According to this document, payment for night time (per 1 hour) is determined as follows:

• For employees on the tariff system, the daily rate is divided by the number of hours worked per day;
• for salaried employees - by dividing the salary by the standard hours in each specific month.

Calculation example

Let's look at how night shifts are paid according to Labor Code, using the example of an organization in which the legally established amount of additional payment is 20% of the hourly rate (salary).

1. A watchman at the Romashka organization worked 8 daily shifts (192 hours) in a month. His tariff rate is set at 45 rubles per hour. Of the 192 hours worked by a guard, 64 are night shifts.

The calculation of the surcharge in this case will look like this: 45x0.2x64=576 rubles.

The resulting figure is summed up with other types of accruals due to the watchman for the period worked.

2. A process engineer from the same organization has a salary of 8,000 rubles per month.

The monthly standard of hours was 176. By order of management, he was involved in work from 24 hours to 8 am. Of this time, the night period accounts for 6 hours.

The calculation will be like this:

8000/176=45.45 rub. - hourly salary of a process engineer in a given month.

45.45x0.2x6=54.54 rub. - additional payment received.

When calculating wages, this amount is also added to all types of accruals, due to the employee per month.

Working extra hours at night

Due to production needs, almost any employee can be involved in overtime work, for example, to replace a shift worker who is not available. How are night work hours paid in this case?

Work outside the normal amount of time is assessed, according to the Labor Code of the Russian Federation, in an increased amount. During the first two hours, the payment is increased by an amount no less than one and a half times the rate, and in subsequent hours - no less than twice. Specific amounts of payment for overtime work, as well as for night hours, are established by the organization’s internal regulatory documents and the employment contract.

If overtime work occurred between 10 p.m. and 6 a.m., the employee’s salary must be increased on two grounds at once (night pay and overtime pay).

As we can see, the regulation of night work has its own characteristics, aimed at compensating a person for conditions when his work and rest schedule differs from the usual. The law sets the minimum by which pay for night work must be increased. The employer can also increase this minimum amount at his discretion within his organization.

1. Article 96 of the Labor Code of the Russian Federation defines the period of time that is considered night (from 22 o’clock to 6 o’clock), establishes rules for reducing the duration of work and the procedure for attracting certain categories of workers to work at night.

2. A shift in which more than half of its duration occurs at night is considered a night shift (subparagraph “a”, paragraph 9 of the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of February 12, 1987 N 194 “On the transfer of associations, enterprises and organizations industry and other sectors of the national economy for multi-shift operation in order to increase production efficiency" // SP USSR. 1987. N 14. Art. 55).

Part 2 of the commented article provides that the duration of work (shift) at night is reduced by one hour without further work.

In accordance with Part 3 of Art. 96 of the Labor Code of the Russian Federation, this rule does not apply to employees for whom a reduction in working hours is already provided (see Article 92 and commentary thereto). The duration of work is not reduced even when a person is hired specifically to perform work only at night, unless otherwise provided by the collective agreement.

The duration of night work is equalized with day work in cases where this is necessary due to production conditions, in particular in continuous production, as well as in shift work with a 6-day work week with one day off. The list of specified works may be fixed by a collective agreement, an order of the head of the organization or other local regulations.

3. According to Part 5 of the commented article, pregnant women, workers under the age of 18 years are not allowed to work at night, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with the commented Code and other federal laws.

Women with children under 3 years of age may be allowed to do such work, but only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. At the same time, women with children under 3 years of age must be informed in writing of their right to refuse to work at night.

The above conditions must also be observed in relation to other categories of workers specified in Part 5 of Article 96 of the Labor Code of the Russian Federation, when the issue of staffing night shifts in organizations is being decided.

Since the law does not link the prohibition of night work for the above categories of workers with work during the entire shift, it can be concluded that these workers should not be involved in night work and in cases where less than half of the shift occurs at night.

4. Requirements for organizing work at night, including restrictions on the use of night work established for certain categories of workers, also apply to creative workers and professional athletes.

A collective agreement, a local regulatory act, or an employment contract can only establish the procedure for working at night for creative workers and professional athletes engaged in activities in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for Social Regulation - labor relations, from the moment the specified lists come into force.

5. As follows from the contents of Part 5 of Art. 96 of the Labor Code of the Russian Federation, the categorical prohibition of night work applies only to pregnant women and workers under 18 years of age (with the exception of certain persons). However, before the adoption of the new Labor Code, workers with tuberculosis were also not involved in work at night (clause 3 of the Instruction on the employment of workers and employees with tuberculosis, approved by the Resolution of the Council of People's Commissars of the USSR of January 5, 1943, in accordance with which those who became ill workers with tuberculosis, based on the conclusion of the Inspectorate and Quality Committee of the tuberculosis dispensary, must be released from work on night shifts and transferred to the day shift, and where possible - to the morning shift (Collection of normative acts on labor. Part 1. M., 1984. P. 268)). This practice is consistent with state policy in the field of tuberculosis prevention (TB Prevention Act), and it is advisable to use it when concluding collective bargaining agreements.

At the local level, one can also keep in mind that ILO Recommendation No. 178 “On Night Work” (1990) proposes to exempt older workers, people undergoing vocational training, etc. from night shifts.

6. Night work is paid at an increased rate (see Article 154 and commentary thereto).

A work shift starting after 22.00 is called a night shift. Night staff appeared due to the peculiarities of the technologies of many industries: for example, steelmaking shops cannot be stopped for a minute.

Labor Code on night work

The legislator formulated a list of categories that are allowed to work after 10 p.m., terms of payment, and defined the term “night work.” The Labor Code states that the period of time from 22.00 to 6.00 is considered night (Part 1 of Article 96 of the Labor Code of the Russian Federation).

Night mode affects biorhythms and threatens the normal functioning of body systems. Therefore, the law has introduced restrictions on work at times other than during the day for some categories. It is prohibited to work at night:

• pregnant women;
• under 18 years of age.

At the same time, the law provides for the possibility of involving persons who are permitted by law not to work to work on the night shift, but they have the right to accept the employer’s offer and give written consent if their health allows. This:

• mothers with children under 3 years of age;
• guardians raising children under 5 years of age in a single-parent family;
• disabled people and those with children with disabilities.

Workers in these categories have the right not to agree to work at night. The employer is obliged to familiarize employees with this item of the work schedule once, against signature, if night work is permanent, arising from the needs of production technology. If night shifts are one-time shifts, then each time such a need arises, the employee must confirm in writing that he has become familiar with the right to refuse a night shift.

An employee can indicate his attitude towards night work immediately upon applying for a job. At the same time, he must indicate the details of a medical document indicating the absence of contraindications for such work. The form of such a certificate is provided for by Order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated 05/02/12.

If a person applying for a job does not belong to any of the above categories, but has contraindications for working at night, which the employer does not inform about, he does not have the right to demand a certificate confirming the absence of contraindications. Except in cases where the need to provide such information is established by law.

If the employer is aware of contraindications for night work and is involved in it, the employer bears administrative responsibility.

When working in shifts, it is prohibited to draw up a schedule according to which you need to work two shifts at once. For example, having gone out at night, an employee cannot begin work on the day at the end of his shift. The employer is obliged to inform the staff of the exit schedule at least a month in advance.

It is worth noting: It is necessary that the employee has the opportunity to change day and night shifts. This will improve the worker's performance level and increase productivity in the workplace.

Duration of night shifts

Depends on the status of the worker and the type of activity and can be regular or reduced.

It is enshrined in law (Part 2 of Article 96 of the Labor Code of the Russian Federation) that the duration of the night shift is less than the day shift by an hour. If a daytime work shift lasts 8 hours and is given an hour of rest and lunch, at night the employee works 7 hours, also receiving an hour of rest for lunch. Thus, it is leveled harmful effects on the human body due to a work and rest schedule unusual for its biorhythm.

At the same time, night time according to the Labor Code (Part 3 of Article 96) is established without reduction for the following categories:

Additionally

Part 2 of Article 96 of the Labor Code of the Russian Federation especially notes that in the case where the duration of work at night has been reduced, there is no need to subsequently work out the missing hours during the day. Accordingly, the employee’s weekly working hours are reduced.

1. Already working on a shortened schedule (for example, mines, where any shift lasts 6 hours). For this category of workers, the employment contract reflects this fact and the impossibility of reducing the night period.
2. Accepted exclusively for night work. This condition is stated in the employment contract (Article 57 of the Labor Code of the Russian Federation).

The legislator is not against it if the size of the night shift is reduced for such categories of workers. The solution to the issue is within the competence of the manager and can be approved by local regulations.

With a six-day work week with one day off, the night shift lasts no more than 5 hours.

The working hours of artists (cinema, radio, TV, etc.) are regulated by local regulations.

Payment for work at night

How night work is paid under the Labor Code is regulated by Article 154. According to the norm, for night work a benefit is assigned in the form of an additional payment in an amount not lower than that provided for by the Labor Code of the Russian Federation and other legislative acts containing labor law norms.

According to Decree of the Government of the Russian Federation No. 554 of July 22, 2008, it must exceed the daily wage by at least 20% for each hour of work (salary calculated per hour of work).

That is, if the daytime rate is 100 rubles per hour, then for an hour of night work you need to pay at least 120 rubles.

Note: employers have the right to set payment based on capabilities, but not below the level established by the legislator.

The amount of payment for night hours is stipulated upon hiring in an employment contract or some local document of the organization. The preferential nature of remuneration for night work applies both to those constantly employed on the night shift and to those performing work once, from time to time.

How is hourly wages determined?

To establish the amount of additional payment for night work according to the Labor Code of the Russian Federation in 2019, you need to determine the amount of hourly pay. There are two ways to calculate it:

1. When paying according to daily earnings, its amount is divided by the duration. For example. The daily rate is 800 rubles, the day shift is 8 hours. The hourly rate is 100 rubles.
2. When paying a monthly salary, it is divided by the number of hours worked for a particular month.

In addition to the mandatory premiums established by the legislator, the employer may adopt local regulations providing for financial or other compensation for its employees for harmful conditions.

What categories of workers are legally prescribed a different surcharge?

For night work, additional payment is established by law and cannot be otherwise (letter of Rostrud dated October 28, 2009 No. 3201) for:

• workers of paramilitary, fire and security guards - 35% of the salary;
• employees of the Federal Penitentiary Service - 35% of salary;
• medical workers - 50% of the tariff rate (salary);
• workers of emergency and ambulance teams - 100% of the hourly tariff rate (salary).

There are categories of workers to whom night supplements are assigned by industry agreement. If regulations establish night supplements for this category, the employer is obliged to choose one that is more beneficial for the employee.

If work at night falls on a holiday or weekend, and the schedule is not staggered, the employee is entitled to additional payment on this basis as well. Find out more about wages on weekends and holidays under the Labor Code.

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