According to labor law, night time is considered. What is the hours of operation at night

Night work is necessary to ensure a continuous production process or due to its duration and a number of other reasons. However, employees are involved in night work not only commercial structures, but also state and municipal institutions. In the article, we recall the main points of applying this mode of operation, taking into account the nuances existing in the legislation, we will talk about the guarantees provided, and we will also deal with wages and give examples of its calculation.

Fundamentals of getting to work at night

The main provisions regarding night work are listed in Art. 96, 149, 154, 224, 259, 268 of the Labor Code of the Russian Federation. At the same time, Part 1 of Art. 96 stipulates that night work is considered to be work in the interval from 22.00 to 6.00. Labor legislation establishes restrictions on engagement in night work. So, in Art. 96 names the categories of persons who cannot be involved in work at night, even if only part of the work falls on this time:

- pregnant women (Article 259 of the Labor Code of the Russian Federation);

- employees under the age of 18, with the exception of persons involved in the creation and (or) performance of works of art, and athletes (Articles 268, 348.8 of the Labor Code of the Russian Federation).

Article 96 of the Labor Code of the Russian Federation also establishes categories of persons who are allowed to work at night only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. These include:

- women with children under the age of three;

- disabled people and employees with disabled children;

- employees caring for sick members of their families in accordance with a medical certificate issued in in due course;

- mothers and fathers raising children under the age of five without a spouse (wife), as well as guardians of children of this age.

The persons named must be writing are familiar with their right to refuse to work at night, in connection with which the form of the document, under which the employee’s consenting signature is placed, must contain excerpts from Art. 96 of the Labor Code of the Russian Federation on his right to refuse to work at night.

Note. Guarantees provided to women in connection with motherhood, in particular, the restriction of night work, apply to fathers raising children without a mother, as well as to guardians (custodians) of minors (Article 264 of the Labor Code of the Russian Federation).

Note that in terms of familiarizing employees with the right to refuse to work at night, the following options are possible.

If work at night is due to the mode of working hours itself (for example, shift work), then you can familiarize the employee with his right to refuse such work once - at the moment when the appropriate work mode is established for the employee.

If the need to work at night arises from time to time, then the employee should be acquainted in writing with the right to refuse such work each time.

Consent to night work can also be expressed in the job application. The details of such an application, together with the details of a medical report indicating that the employee is not prohibited from working at night for health reasons, should be indicated in the employment contract.

Let us clarify that the order of issuance medical organizations certificates and medical reports for the categories of employees in question are currently established by Order of the Ministry of Health and Social Development of the Russian Federation dated 02.05.2012 N 441n. Disabled workers in accordance with Art. 11 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in Russian Federation» an individual rehabilitation program is issued, which is mandatory for organizations of all forms of ownership and provides recommendations regarding the performance of work at night.

It should also be noted that, for personal reasons, employees may hide the fact that night work is contraindicated for them, for example, for health reasons or due to the fact that they provide for disabled children. Here the employer's hands are tied - he cannot verify the accuracy of the information provided by the employee and is not entitled to ask the applicant for other documents, in addition to those provided for in Art. 65 of the Labor Code of the Russian Federation, except for the case when the obligation to request additional documents installed federal laws, decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation. And if within labor activity the restriction of the employee's right to work at night becomes clear, the employer will not be liable. But such an employee will need to be transferred in accordance with Art. 73 of the Labor Code of the Russian Federation for other available work that is not contraindicated for him for health reasons. If the employee refuses the proposed transfer or there are no suitable jobs in the institution, the employment contract can be terminated on the basis of paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

If the employer knew about medical contraindications, but still involved an employee to work at night, for whom such work is contraindicated for health reasons, then he may be held administratively liable.

When engaging in night work, it must be remembered that, depending on the category of employees and the type of work performed, the duration of duties at night may be normal or reduced.

It should also be borne in mind that according to parts 4 and 5 of Art. 103 of the Labor Code of the Russian Federation in a situation where employees are hired for shift work, the following are established:

- prohibiting them from working for two shifts in a row (for example, immediately after working in night shift cannot continue to work on the next shift);

- the obligation of the employer to bring the shift schedules to the attention of employees no later than a month before the entry into force.

Working time

According to part 2 of Art. 96 of the Labor Code of the Russian Federation, the total duration of work (shift) at night is reduced by one hour without further revision. For example, if during the day shift an employee is at the workplace for eight hours and one hour is allotted to him for a break, then during the night shift such an employee will work only seven hours and he will also be given an hour for a break. The fact is that, taking into account its specifics, work at night is difficult, unusual for a person, affects his well-being (more fatigue, less stress resistance, mistakes may become more frequent). These factors not only affect productivity, but also increase the likelihood of accidents.

Note. An employee must be given a break for rest and meals of no more than two hours and no less than 30 minutes, which work time does not turn on. For some types of work, additional breaks for rest and heating are provided, which are included in working hours. At the same time, the time for granting a break and its specific duration are established by the rules of the internal work schedule or by agreement between the employee and the employer (Articles 108, 109 of the Labor Code of the Russian Federation).

Here we note that even with a reduction in the time of work at night, the Labor Code of the Russian Federation does not contain provisions on the reduction of the established norm of working time - it should not decrease if the duration of the work shift is reduced at night. That is, the work schedules should be calculated in such a way as to ensure working out in compliance with the monthly (quarterly, annual) norm of working hours.

However, there are exceptions to every rule. So, part 3 of Art. 96 of the Labor Code of the Russian Federation provides that at night, working hours are not reduced for employees of the following categories:

— for whom a reduced working time was initially set (for example, persons employed in work with harmful and (or) hazardous conditions labor, medical, teaching staff, minors). In labor contracts with employees in this case, it is necessary to indicate that they belong to a category for which the law establishes reduced working hours. It is also possible to additionally prescribe the condition that during night work their working hours are not reduced in accordance with the Labor Code;

- for those taken specifically for work at night. Their employment contracts should include a clause on night work - this is mandatory due to the provisions of Art. 57 of the Labor Code of the Russian Federation.

At the same time, the legislation does not prohibit the establishment of reduced hours of work at night in the listed cases; for this, an appropriate condition must be prescribed in the local regulatory act of the institution.

Note. The reduced duration of work (shift) at night should be distinguished from the reduced duration of working hours established by Art. 92 of the Labor Code of the Russian Federation.

Also, in some cases, the duration of work at night and during the day - for example, when it is necessary for working conditions, in shift work with a six-day working week with one day off. The list of these works may be determined by a collective agreement, a local normative act (part 4 of article 96 of the Labor Code of the Russian Federation).

It should be noted that the order of work at night for creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes 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 the regulation of social and labor relations, may be established by a collective agreement, local normative act, labor contract. The list of these professions and positions of creative workers was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.

Accounting for night work

According to part 3 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. For this, it can be used unified form T-13 "Time sheet", approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1. In this case, the time sheet is filled out as follows. In the upper lines of column 4, opposite the name of the employee, the code of work at night (code "H" or "02") is affixed, and the duration of work in hours and minutes is indicated in the lower lines. If an employee starts working during the day and then continues at night, then a second line can be provided in the time sheet for the same employee. In these lines, you should separately indicate the time of work during the day (code "I" or "01") and at night (code "H" or "02").

However, for this it is necessary to know the norm of working hours for certain periods (month, quarter, year), which is calculated on the basis of the estimated schedule of a five-day working week with two days off in accordance with clause 1 of Order N 588n * (1). It is calculated based on the duration of daily work (shift) and is:

- with a 40-hour work week - 8 hours;

- if the duration of the working week is less than 40 hours - the number of hours obtained by dividing the established duration of the working week by 5.

We add that on the eve of non-working holidays, the working time is reduced by one hour.

In accordance with Part 2 of Art. 112 of the Labor Code of the Russian Federation, if a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday. If the suspension of work in the institution is not possible during non-working holidays according to production, technical and organizational conditions, then the transfer of days off, provided for in Part 2 of Art. 112, is not carried out (clause 2 of Order N 588n).

The norm of working time calculated in the prescribed manner applies to all modes of work and rest.

Ensuring conditions for the passage of workers

When introducing night work, the employer should take into account a number of factors:

1) coordinate the beginning and end of night shifts with the schedules and routes of public transport in order to create maximum convenience for employees;

2) take appropriate measures to eliminate or reduce additional costs associated with travel and improve the safety of employees during night crossings;

3) provide means of transport if public transport does not operate at this time of the day;

4) to provide compensation for additional transportation costs at night.

Note: if the need to deliver employees is related to the mode of operation or the location of the enterprise, or if employees do not have the opportunity to get to and from work public transport, then providing free shipping or compensation of travel expenses of employees in this case are not considered as their economic benefit (income). Accordingly, there is no need to withhold personal income tax from such income. This position is confirmed by the letters of the Ministry of Finance of the Russian Federation of March 6, 2013 N 03-04-06/6715 and October 20, 2011 N 03-03-06/1/680. We also believe that labor or collective agreements should provide for payment or travel conditions for employees.

Pay at night

In accordance with paragraph 7 of Art. 2 of the European Social Charter of 03.05.1996 (in the Russian Federation this document entered into force on 01.12.2009), in order to ensure the effective exercise of the right to fair working conditions, it is necessary that workers employed in night work receive benefits that take into account the special nature of this work . This provision is reflected in Art. 154 of the Labor Code of the Russian Federation: each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by both labor legislation and other regulatory legal acts. At the same time, the specific size of the increase is established by the employer in the collective agreement or other local regulatory act of the institution (Decision of the Armed Forces of the Russian Federation of December 24, 2009 N GKPI09-1403). Recall that it does not matter whether the employee works at night constantly (accepted specifically to perform work at night) or from time to time.

Note that for payments compensatory nature in accordance with clause 3 of the List of types of payments of a compensatory nature in federal budgetary, autonomous, state-owned institutions, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated December 29, 2007 N 822, payments for work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, night work and when performing work in other conditions that deviate from normal). That is, the employees of these institutions are subject to all provisions for wages at night.

Note. According to Decree of the Government of the Russian Federation of July 22, 2008 N 554 “On the minimum amount of wage increases for night work”, the minimum amount of additional payment for night work is 20% for each hour of work at night and is determined based on the hourly tariff rate (salary calculated per hour of work) excluding other surcharges and allowances.

Accordingly, if the surcharge for night work is set by regulatory legal acts at a rate greater than 20%, then the surcharge must be made based on the terms of the regulatory legal act (Letter of Rostrud dated 10.28.2009 N 3201-6-1).

When determining the surcharge for night work, one should not forget about the norms of departmental regulations. For example, Order of the Federal Drug Control Service of the Russian Federation dated October 30, 2008 N 364 approved the Regulations on the remuneration of medical and pharmaceutical workers medical institutions Federal Drug Control Service of the Russian Federation and medical units of territorial bodies, educational institutions Federal Drug Control Service of the Russian Federation, according to clauses 7 and 8 of which:

- employees of medical institutions and departments are given an additional payment of 50% of the hourly tariff rate (official salary) for each hour of work at night;

- employees of medical institutions and units engaged in the provision of emergency, emergency and emergency medical care, field personnel and communication workers of the ambulance department, an additional payment for work at night is made in the amount of 100% of the hourly tariff rate (official salary).

We also want to draw your attention to the fact that employees of some categories of extra pay for night work in an increased amount are provided for by industry agreements. And if surcharges for night work are established by both the normative act and the industry agreement, then the employer is obliged to apply the most favorable provisions for the employee.

In addition, night workers are subject to rules providing for additional payment if overtime work is performed on weekends or holidays. That is, employees are entitled to appropriate surcharges for each of these grounds.

Note! If the institution uses a rolling work schedule, then work that falls on weekends should be paid in a single amount.

At the same time, hourly tariff rates for determining additional payment labor for work at night are calculated * (2):

- employees whose work is paid at daily tariff rates - by dividing the daily rate by the corresponding length of the working day (in hours);

- employees whose work is paid at monthly rates (salaries), - by dividing the monthly rate (salary) by the number of working hours according to the calendar in a given month.

Separately, we note that in addition to the considered surcharges by local regulations the employer may provide other additional forms financial compensation for work at night in order to motivate staff. However, the employer should also use "moral" incentives - for example, provide additional social services(voluntary medical insurance).

Consider examples of calculating wages at night.

Example 1

In a health care institution, drivers of ambulances have a summarized record of working hours with an accounting period of a month.

Surcharge for night work is 50% of the hourly rate.

In September 2013, the driver worked 168 hours, 56 of them at night.

The hourly tariff rate for drivers is set at 100 rubles.

During the daytime, the driver worked 112 hours (168 - 56).

Wages for daily hours of work will be 11,200 rubles. (112 hours x 100 rubles).

Salary for night hours - 8,400 rubles. (56 hours x 100 rubles x 50%).

That is, for September 2013, the driver will be credited wage in the amount of 19,600 rubles. (11,200 + 8,400).

Example 2

The official salary of an employee is 15,000 rubles. With a 40-hour working week established in the institution, according to the time sheet in September 2013, the employee worked 112 hours during the day and 56 hours at night. The working hours for this month are 168 hours. For each hour of work at night, the collective agreement establishes an additional payment of 30% of the hourly tariff rate.

The employee worked the normal working hours.

The hourly rate of an employee in September 2013 was 89.29 rubles per hour (15,000 rubles / 168 hours).

The amount of additional payment for work at night will be 6,500.31 rubles. (89.29 rubles per hour x 56 hours x 30%).

During the daytime hours, the employee should accrue 10,000.48 rubles. (89.29 rubles / hour x (168 hours - 56 hours)).

Accordingly, the accrued amount of remuneration will be 16,500.79 rubles. (6,500.31 + 10,000.48).

Night time

"...Night time - time from 22:00 to 6:00..."

Source:

"Labor Code Russian Federation" dated December 30, 2001 N 197-FZ (as amended on December 3, 2012)

"...21) night time - the period from 22:00 to 06:00 local time;..."

Source:

"Criminal Procedure Code of the Russian Federation" dated December 18, 2001 N 174-FZ (as amended on December 1, 2012)

Official terminology. Akademik.ru. 2012 .

See what "Night time" is in other dictionaries:

NIGHT TIME- time from 10 p.m. to 6 a.m. In accordance with Art. 96 of the Labor Code of the Russian Federation, the duration of work (shift) in N. c. is reduced by 1 hour without further processing. The duration of work (shift) in N. century is not reduced. for employees who have a reduced ... ... Russian encyclopedia of labor protection

night time- (for example, from 23.00 to 07.00, in a number of countries from 24.00 to 06.00 there are preferential tariffs for electricity consumption) [A.S. Goldberg. English Russian Energy Dictionary. 2006] Energy topics in general EN nighttime … Technical Translator's Handbook

NIGHT TIME- in accordance with the Code of Criminal Procedure of the Russian Federation, the time interval from 22 to 6 hours local time ... Legal Encyclopedia

Night time- Night shift work at night. In accordance with part 3. Art. 396 of the Labor Code of the Russian Federation night time from 22:00 to 06:00. The duration of work (shift) at night is reduced by one hour. In Labor ... ... Wikipedia

Night time- a period of time from 22:00 to 06:00 local time (clause 21, article 5 of the Code of Criminal Procedure of the Russian Federation). The performance of investigative actions at night is not allowed, with the exception of urgent cases (part 3 of article 164 of the Criminal Procedure Code of the Russian Federation) ... Big Law Dictionary

Night time- from 22:00 to 06:00 local time. Code of Criminal Procedure of the RSFSR dated October 27, 1960, art. 34 ... Dictionary of legal concepts

Night time period from 11 p.m. to 7 a.m. Source: LAW of the city of Moscow dated 12.07.2002 N 42 ON OBSERVING THE REST OF CITIZENS AND SILENCE AT NIGHT TIME IN THE CITY OF MOSCOW ... Official terminology

Work at night.- 0.08.7. Work at night. The possibility of working at night must be agreed by the Contractor with the traffic police. The need to work at night is determined by the Contractor, based on the specific conditions of the construction of the facility, in order to complete ... ... Dictionary-reference book of terms of normative and technical documentation

Night work Glossary of business terms

NIGHT WORK- night time is considered from 10 pm to 6 am (part 4 of article 48 of the Labor Code). When working at night, the established duration of work (shift) is reduced by 1 hour. This rule does not apply to employees for whom it is already provided ... Encyclopedia of labor law

Books

• Night sun, Alexandrova Natalya Nikolaevna. For thousands of years, the descendants of the ancient people of the Wels keep the sacred relic of the inhabitants of Atlantis. And they will keep it until the time comes, until humanity is ready to accept the priceless ... Buy for 360 rubles
• Night sun, Natalia Alexandrova. Continuation of the cycle about the amateur detective Nadezhda Lebedeva! For thousands of years, the descendants of the ancient people of the Wels keep the sacred relic of the inhabitants of Atlantis. And they will keep it until it comes ...

tax consultant

The Labor Code of the Russian Federation does not contain a definition of the concepts " evening time"and" evening shift” and does not regulate the obligation of the employer to establish increased wages in evening time.

Earlier, additional payment for work in the evening shift was provided for by the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR, the All-Union Central Council of Trade Unions dated February 12, 1987 No. 194 “On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift mode of operation in order to increase production efficiency”. This Decree has become invalid in accordance with the Decree of the Government of the Russian Federation dated April 28, 2011 No. 332.

In accordance with Art. 96 of the Labor Code of the Russian Federation, night time is considered from 22 pm to 6 am. In order to reduce adverse factors work at night there is a rule according to which the duration of work (shift) at night is reduced by one hour without subsequent working off. In accordance with the legislation of the Russian Federation, a shift is considered to be a night shift in which at least half of the time of work falls on the night. The duration of work at night can be equated with work during the day only in cases where this is caused by the conditions of production (for example, in shift work with a 6-day working week; in continuous production, etc.).

The hours of work at night are not reduced for employees for whom a reduced working time limit has been established. In addition to exceptions to this rule in Part 3 of Art. 96 of the Labor Code of the Russian Federation provides that the duration of work at night is not reduced even if the employee is hired specifically for work at night. The Labor Code of the Russian Federation contains only an approximate list of workers who cannot be allowed to work at night.

Night work is paid at an increased rate established by the collective agreement (remuneration regulations) of the organization, but not lower than provided by law.

Article 154 of the Labor Code of the Russian Federation establishes that each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by laws and other regulatory legal acts. This means that for every hour worked at night, the employee is entitled to an additional payment.

The minimum wage increase for night work is established by Decree of the Government of the Russian Federation of July 22, 2008 No. 554 “On the minimum wage increase for night work”. This value is 20% of the hourly tariff rate (salary per hour) for each hour of work at night. And the specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, a collective or labor agreement.

The duration of work at night is equalized with the duration of work during the day in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of such works may be determined by a collective agreement, a local normative act.

Let's look at an example. The organization, in accordance with the terms of the collective agreement, makes additional payments to employees for working on the night shift. The collective agreement establishes a 20% surcharge for night shift work, which lasts 10 hours: from 22 to 8 hours. The official salary of an employee is 12,600 rubles. per month. The shift schedule, which is an annex to the collective agreement, establishes that this employee works four days in the night shift every odd week while maintaining a 40-hour working week by providing three days off. In accordance with the time sheet, this employee worked in March 2011 eight night shifts.

According to Art. 154 of the Labor Code of the Russian Federation, each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by laws and other regulatory legal acts.

The specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, the collective agreement, the labor contract. The additional payment to an employee for working at night, calculated on the basis of the terms of the collective agreement, is 1200 rubles. (12,600 rubles: 168 hours x 20% x 10 hours x 8 days, where 168 hours is the number of working hours in October). Consequently, the employee's salary for March will be 13,800 rubles. (12600 rubles + 1200 rubles).

As for the amounts of additional payment for night work, for the purposes of taxation of profits, they relate to labor costs only to the extent that they are made in accordance with the legislation of the Russian Federation in accordance with paragraph 3 of Art. 255 of the Tax Code of the Russian Federation. Article 96 of the Labor Code of the Russian Federation establishes that the time from 10 p.m. to 6 a.m. is recognized as night time. Consequently, the amount of additional payment for night work in accordance with this norm should be 960 rubles in the situation under consideration. (12600 rubles: 168 hours x x 20% x 8 hours x 8 days). In this amount, the additional payment to the employee for working at night is a reasonable (economically justified) expense and reduces the income received in tax accounting in accordance with the norms of paragraph 1 of Art. 252, paras. 2 p. 2 art. 253 and paragraph 3 of Art. 255 of the Tax Code of the Russian Federation.

Additional payment to the employee for work from 6 to 8 hours in the amount of 240 rubles. (1200 rubles - 960 rubles) is not recognized as an economically justified expense and is not taken into account for income tax purposes.

If the organization uses a summarized accounting of working time for certain categories of employees (for example, drivers, security guards), where part of the working day (less than half) falls at night and the work is not shift and not six days, then night hours should be considered separately. And that's why.

As you know, the Labor Code of the Russian Federation requires payment for each hour of work at night in an increased amount compared to work under normal conditions in the amount of at least 20% of the hourly wage rate (hourly part of the salary). However, there is no direct indication that additional payments for night work and a separate tariff rate should be established separately in the Labor Code of the Russian Federation. Therefore, when setting the hourly tariff rate, it can be calculated taking into account the additional payment for night work. At the same time, this option of setting an hourly wage rate is not very convenient, especially if the employee is hired to work not only at night. In addition, in the case of an inspection by the labor inspectorate, each time it will be necessary to confirm the fact of increased pay for work at night by calculation. Therefore, it is more convenient to set a separate tariff rate and a separate surcharge for night work.

In practice, there are cases when the employer includes the extra payment for night work in the monthly bonus. The consequences of such actions are such that the inclusion of an additional payment for night time in the monthly premium will lead to a distortion of the meaning of Part 1 of Art. 129 of the Labor Code of the Russian Federation, which clearly delimits compensation payments, one of the varieties of which is an additional payment for work at night, from bonus payments included in the stimulants.

Article 149 of the Labor Code of the Russian Federation, which establishes the features of wages at night, is intended to compensate the employee for the performance of work in conditions that deviate from normal working conditions. Labor activity at night requires certain additional efforts from the employee, since biologically night time is a time of rest. Accordingly, the increased pay for work at such a time is not associated by the legislator with the achievement of any production results or problem solving. The very fact of performing work at night gives the employee the right to receive an additional payment in an increased amount and is not related to the criteria that determine the payment of bonuses.

As for the surcharge for night time, the analysis of Art. 154 of the Labor Code of the Russian Federation allows us to draw the following conclusion: in an increased amount, it is not the possibility of engaging in work at night that is paid, but directly each actually worked hour.

Therefore, the employer must determine how much he raises pay for exactly one night hour. The possibility of paying for work at night in other ways is not provided for by labor legislation. This means that the employer is not entitled to set such a fixed amount for night work, which can be paid, for example, for professional excellence, class, work with information constituting a state secret, etc. For work at night, it is necessary to establish a specific amount of payment per hour of work, which is multiplied by the number of hours worked.

A different form and procedure for paying for work at night will be a violation of labor legislation, namely, Art. 154 of the Labor Code of the Russian Federation and may entail administrative liability in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Thus, it is impossible to consider wages in an increased amount for night work as part of the bonus. It should be remembered that pregnant women and employees under 18 years of age, women with children under the age of three, disabled people, employees with disabled children, employees caring for sick family members in accordance with medical certificate, mothers and fathers (guardians) raising children under the age of five without a spouse. According to Art. 96 of the Labor Code of the Russian Federation, such workers can be involved in night work only with their written consent, and also on condition that such work is not prohibited to them for medical reasons.

Also on this topic.

Many manufacturing enterprises have a shift work schedule, which implies work activities not only during the day, but also at night, the most common options are such modes as “day / night / 48 hours of rest”, or “three days later”. Regardless of the principle by which the regime and routine are built, the Labor Code of the Russian Federation obliges to pay for labor activities at night in an increased amount, because. this is not considered normal operation.

Here is an example where an employer miscalculated paid time and the employee managed to get unpaid money:

Maksimenko S.A. Employed in LLC "Alliance" as a seller. The organization operates around the clock, staff work schedule - day / night / 48. In February, the working shift Maksimenko S.A. dropped out at 20:00. 00 min. 22nd until 08:00 00 min. 23 numbers. The head paid only the time of work from 00 h. 00 min. till 06 o'clock. 00 min., i.e. only night hours. Maksimenko S.A. filed a complaint with the Trade Union, and the commission came to the conclusion that the employer violated the norms of the Labor Code, because. work at night and during public holidays must be paid separately.

Thus, even if the shift of the employee falls at night, while the date is a holiday, the employer must pay wages for separate items: for night hours and for holidays.

It also happens that you have to involve employees who work on a daily daily schedule to work at night. Most often this occurs when it is necessary to eliminate the consequences of an accident at the enterprise, inventory, etc. To do this, the head must issue an order to engage in work on a day off, containing the following information:

• In this connection, employees must go to work at night or on their day off;
• Date and time when it is necessary to be present at the workplace after hours;
• An order to pay for the required number of hours in double size;
• Signature of the director, accountant and persons involved in overtime work at night or on a day off.

Payment at weekend night hours: what does the Labor Code of the Russian Federation say?

According to the norms of the Labor Code of the Russian Federation, for work at night, employers are required to pay their subordinates at least 20% of the daily salary or tariff rate. Labor activity on holidays and weekends is paid separately at a double rate, due to which employees actually receive two additional payments.

If the working conditions of employees deviate from normal, i.e. they have to perform their duties at night, when calculating surcharges, they must be guided by the following standards:

• Labor Code of the Russian Federation and other acts containing labor standards, but not contradicting the Code;
• Collective agreement certified by the representative of the trade union organization;
• Labor agreements concluded with the personnel;
• Additions to employment contracts with employees;
• Local documents of the organization.

Payment for work at night and on holidays is regulated by different articles of the Labor Code of the Russian Federation, respectively, both types of surcharges are due to employees. So, according to Art. 96 of the Labor Code of the Russian Federation, “night time” should be understood as the period from 22 h. 00 min. till 06 o'clock. 00 min. For example, if an employee works from 8 p.m. 00 min. till 08 o'clock 00 min. the next day, then the time from 8 to 10 pm is paid at the usual rate, and from 22 pm. till 06 o'clock. morning - double.

What kind of norms of the Labor Code of the Russian Federation should be guided by when calculating payment for work on holidays and at night:

• Art. 96 of the Labor Code of the Russian Federation;
• Art. 154 of the Labor Code of the Russian Federation on payment for night work;
• Art. 153 of the Labor Code of the Russian Federation on payment on weekends and official holidays.

The last two articles should be considered in more detail. Yes, Art. 154 of the Labor Code of the Russian Federation indicates that each hour of work outside the established schedule must be paid at an increased rate, and it cannot be lower than the monetary base regulated by regulatory legal acts. The exact amount of wages at night is set by collective agreement, taking into account the opinion of the representatives of the Trade Union and can only be deviated to a large extent.

It is worth noting that, even if employees are employed on the condition of a shift schedule, which implies work at night, they are still entitled to compensation for this, as well as additional payments for holidays. The only exception is the situation when, instead of cash payments, the employer provides subordinates with time off for overtime: in this case, the surcharges are canceled.

Art. 153 of the Labor Code of the Russian Federation, which regulates the peculiarities of wages on weekends or holidays, obliges to make additional payments of at least double the amount:

• Employees working at hourly or daily tariff rates - at least one daily rate in accordance with the tariff;
• Employees working under the deal - at least double the amount of piecework wages;
• Employees who receive a salary in accordance with the official salary - at least one hourly or daily rate in excess of the salary, provided that the work was performed within the established number of working hours at the monthly rate. Double payment is made if processing exceeded the monthly rate.

Thus, the labor law allows for increased surcharges for overtime work, but they must be produced in double size. Also, the law does not prohibit the establishment of increased surcharges for work during holidays and weekends, but this should be reflected in local acts enterprises: labor or collective agreements, additional agreements to them, etc.

Payment for night hours on holidays: what is the amount of surcharges?

To understand the principle of calculating additional payments for night work, you should read a more detailed example:

Pavin S.Yu. works in Master LLC at an hourly rate, the size of which is 300 rubles. At the direction of the head, he had to go to work on January 1 (the official holiday date) from 20:00. 00 min. until January 2 at 06:00 00 min. Thus, he worked 8 holiday hours, which also fell on night time periods. The calculation will look like this:

300 (payment per hour of work) x 8 (number of hours worked) x 2 (double size) +2400 x 0.35 (surcharge coefficient) = 5,640 rubles.

What is the procedure for paying hours of work at night on public holidays?

In order to attract employees to work at night or on holidays, if they do not have a shift schedule, the employer must issue an appropriate order or instruction in writing. Sometimes the consent of the employees belonging to special socially protected categories is required for work outside of school hours. Which citizens are:

• Women raising children under the age of three;
• Disabled people and workers with dependent children with disabilities;
• Subordinates providing care for elderly or sick family members;
• Employees involved in the upbringing of a child under 5 years of age alone.

It is also worth highlighting the categories of citizens who, by law, cannot be involved in labor activities at night, even with their written consent:

• Underage employees;
• Pregnant women.

Particular attention should be paid to the time sheet, because It is on him that the correct payment of the hours worked by each of the employees depends. As a rule, the heads of departments or personnel officers are responsible for maintaining this document, but at the direction of the head, other employees can also be appointed responsible. In the timesheet on the days when employees worked during non-working and public holidays, it is necessary to enter the code "03" or the letter designation "РВ", both options are considered correct.

Due to the fact that the legislation allows additional surcharges for overtime work, organizations can independently establish increased payments, which should be reflected in local acts. If the minimum payments established by the Labor Code of the Russian Federation are not made to the employees, they can apply to several competent organizations:

• Trade union (if employees are members of this body);
• the State Labor Protection Inspectorate;

When applying as evidence, you can use salary certificates, testimonies of witnesses and other facts confirming the systematic violation of labor laws by the employer. Based on the results of the check, an order or a court decision will be drawn up against him, on the basis of which a fine is imposed on violators, as well as an obligation to pay unpaid money for certain periods of work.

Often in enterprises with continuous production process In addition to day shifts, there are also night shifts.

However, not all citizens have an idea of ​​what the labor legislation of our country says about the time of work at night, as well as how these hours are paid according to the law.

The presented publication is devoted to this actual topic for many workers.

Work at night according to the Labor Code

First, let's find out what the night time is. According to article 96 of the Labor Code of Russia, night work is considered to be the time of work between 22 pm and 6 am.

By law, such a shift should not exceed seven hours, that is, it must be 60 minutes less than the usual eight-hour shift. Also, this time is paid at a special rate that exceeds regular workdays.

In order to attract employees to night work, the employer must have good reasons, including:

• the need for the production process to be continuous;
• elimination emergency at the enterprise;
• if it is necessary to urgently eliminate the breakdown of equipment in order to avoid catastrophic consequences for the plant (factory);
• when it is necessary to replace an employee who suddenly fell ill and did not come to the shift;
• cases of emergency work, natural disasters and other unforeseen emergencies.

Surcharge for night work of the Labor Code of the Russian Federation

To engage workers at night, management must first inform him of this fact, and then obtain his written consent with a signature. An exception is cases when an employee is hired knowingly for the purpose of going to night shifts, about which there is a corresponding entry in the employment contract.

Pay at night, according to the Labor Code of the Russian Federation, must be at least 20 percent higher than the usual salary.

At the same time, the additional payment is calculated as follows: the worker's salary is divided by the number of exits (this is how the payment for the day is recognized), then this result is divided by the hours in the shift (we get paid per hour), we multiply the amount received by 20% (35% or 40%) and get the amount of the surcharge for one night hour. If the employee was involved all seven hours, then, accordingly, this amount is also multiplied by seven.

Typically, the percentage of surcharges per night in certain areas is:

• 35% - for those working in the fire department, watchmen and the military;
• 35% - for those who serve at night in the criminal investigation department, forensic laboratories, departments of the Ministry of Internal Affairs;
• 50% - for those on duty in ambulances and other departments of medical institutions.

What time is considered night time?

By labor law, namely, according to Article 96 of the Labor Code (you can download the code from the link above), the duration of work at night should not exceed 7 hours. The exception is those works for which the worker was accepted in accordance with the signed contract.

Not allowed to work at night

• women bearing a child;
• persons under the age of majority;
• mothers (fathers) alone raising children under the age of five;
• women who have the status of a mother of many children;
• disabled people with contraindications prohibiting night work;
• persons who have a disabled child in their care;
• citizens who have a sick close relative in need of constant care.

Some of the above categories of persons can still go to work from 22:00 to 06:00 if they themselves agreed to such a shift and signed the appropriate document.

Also, underage citizens aged 16-18 years old can be involved in the night, if their work is related to creativity (artists, sculptors, theater and film actors).

Sample order for night work

Before engaging your employees in this species labor, the management of the enterprise, represented by its director, must issue an order of a certain type.

Such a document is written according to the template, the link to which is presented below:

In the act itself, the employer must indicate:

• the reason for which it is necessary for employees to go out on the night shift (for example, production necessity);
• the exact date when you need to attract employees - day, month, year;
• names and positions of involved specialists (for example, the head of the shop Ivanov N.S., mechanic Petrov S.N., accountant Smirnov A.P. and so on).

The document must be signed by the director of the enterprise and certified with a production seal.