Night work schedule labor code. How long does it take to work at night?

Most busy people in Russia work according to a standard schedule - from nine in the morning to five in the evening. However, the Labor Code allows that daily and other types of schedules are possible, and this automatically involves working at night. If a person works at night, then he should receive additional pay. The main issues regarding night working hours are determined by Article 96 of the Labor Code. As far as wages are concerned, this question covered in Article 154 of the Labor Code. Exact rules Each company determines payment independently in accordance with the Labor Code of the Russian Federation, Government Resolutions and other relevant acts of legislation.

What work is considered night work?

Article 96 of the Labor Code of the Russian Federation establishes what exactly can be considered night time, for which additional payment is expected. It says here that night in labor relations is the period starting from 22 o'clock and ending at 6 o'clock in the morning.

Night work time is counted from what hour?

This period starts at 10 pm. In this case, labor duration is reduced by exactly one hour without the need for subsequent processing. If a shortened shift is initially set for employees, then an additional hourly reduction is not provided. Also, shifts are not shortened if a person was specifically hired to work at night.

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Remuneration for night work under the Labor Code of the Russian Federation

Today, the Labor Code does not determine the minimum amount of additional payment. This information specified in various industry-specific regulations. Final decision the amount of payment is decided by the employer by his order.

Additional payment for night work of the Labor Code of the Russian Federation

The Labor Code, or more precisely its 154th article, establishes that every hour of work at night must be paid more than an hour of work during the day. More often exact values are mentioned in the collective agreement, which is also signed upon registration.

To date the minimum surcharge is twenty percent from the standard hourly rate or salary. If the employer establishes a smaller surcharge, he will thereby violate the law.

Example of surcharge calculation

It is best to consider the features of calculation for payment using a specific example. Let’s say that in one working month a person worked 180 hours, and 30 hours of them worked at night. The employment contract states that the salary of this employee is 20 thousand rubles. When recalculating, you can get an hourly rate: 20 thousand / 180 hours = 110 rubles. The order contains information that the additional payment for night work is equal to 50% of the hourly rate. Thus, for each such hour, the employee will receive an additional 55 rubles. In total, the employee will have to receive 20 thousand + 55 x 30 = 21,650 rubles.

Sample order for work at night

At the very top of the order the name of the organization is written. Next, the name of the document itself is also written in the center - “Order...”. After indicating the date of the order and its number, the wording should sound something like this:

“In accordance with Article 96. from the Labor Code and due to the production necessity of performing work at night.”

Then with new line By goes according to plan the word “I order”, followed by a list of established norms. In these rules, theses can be written on establishing working hours, which are considered night, on attracting workers in accordance with written consent and the Labor Code, on calculating additional pay, on choosing responsible persons for the execution of this order. At the end there is a signature.

Are pregnant women allowed to work at night?

Pregnant women must not be exploited for night work, even if they give written consent. At the same time, the Labor Code mentions a list of persons who can be allowed to work at a later time if they provide such consent in writing. This list includes disabled people, workers raising disabled children, women raising children under three years of age, single mothers and single fathers raising children under five years of age.

If the specifics of the enterprise require the need to work at night, the employer can hire employees for such work. At night, a person must sleep, which means that when working at night, the body endures additional stress. Obviously, such work must be paid in a special way. Our article is about how night work is paid.

How are night wages paid?

Night time is considered to be the period from 22:00 to 6:00 (Article 96 of the Labor Code of the Russian Federation). Wherein work time including night shifts, should not exceed 40 hours per week.

According to labor legislation, the duration of work at night is 1 hour shorter, without the need for further work. If, for example, the day shift lasts 8 hours, the night shift should be no more than 7 hours. This rule does not apply to those workers who were hired specifically for night work (for example, for part-time work at night with daily pay), or to those who have a shorter working time (workers under 18 years of age, disabled people of groups I and II , persons employed in harmful and dangerous work, etc.). It also does not apply where a shift schedule of 6 days is accepted. working week with one day off.

When working at night, each hour of work must be paid additionally: Decree of the Government of the Russian Federation dated July 22, 2008 No. 554 established the minimum amount of additional payment for night hours, which is equal to 20% of the hourly tariff rate, or the salary calculated per hour of work. The employer can establish the same or greater percentage of additional payment, fixing it in the collective agreement, employment contract, or other internal regulatory act with the approval of the trade union (Article 154 of the Labor Code of the Russian Federation).

When involving employees in night work, the manager must issue an order specifying the persons working in night shift, as well as the amount in which they will receive additional payment for night hours.

Example

An employee with a salary of 50,000 rubles. with a 40-hour work week, March 2017 was fully worked, which is 175 working hours according to the standard. Of these, 6 hours, due to production needs, had to be worked at night. The additional payment established by the order for night work is 20%. What will the employee's salary be for March?

Let's determine the hourly rate in March 2017: 50,000 rubles. : 175 hours = 285.71 rub. at one o'clock.

Payment for work at night: 285.71 rubles. x 1.2 x 6 hours = 2057.10 rub.

Salary for March: 285.71 rubles. per hour x (175 hours - 6 hours) + 2057.10 rubles = 50,342.09 rubles.

Payment for night hours during a shift work schedule

In shift mode, work is carried out in 2 or more shifts, when manufacturing process longer than permissible norm working hours, it may also be necessary to increase the volume of output, rational, effective use equipment, etc. A shift schedule is established for a certain group of workers, not forgetting about compliance with working time standards.

Employees working on a shift schedule are paid at night, falling for the entire shift, or part of it, in the same way as described above.

Example

The enterprise introduced shift work work: day shift lasts from 9-00 to 22-00, night shift - from 22-00 to 9-00. The additional payment for “night stays” is established by order of the director - 25% of the tariff rate. The hourly wage rate for an employee is 200 rubles. at one o'clock. In March, the employee went on the second shift 4 times. Let's calculate the amount of additional payment for night work in March.

Night time lasts from 22-00 to 6-00, which means that each shift accounted for 8 night hours, and in total 32 night hours were worked in March (8 hours x 4 shifts).

Additional payment to the tariff rate during night work hours is: 200 rubles. x 25% = 50 rub.

The “night” supplement in March will be: 50 rubles. x 32 hours = 1600 rub.

If night work is overtime

When night work occurs outside normal working hours, it must be paid not only as night work, but also as overtime. For the first 2 hours of such work, the salary is calculated at one and a half times the amount, and for next hours– in double (Article 152 of the Labor Code).

Example

Let's take the data from the previous example, assuming that the employee's last night shift included 6 hours of overtime in March. They fell from 3-00 to 9-00, of which 3 hours are considered night time (from 3-00 to 6-00).

For this shift, the employee will be charged 25% of the tariff rate of additional payment for night hours from 22-00 to 6-00, and the first 2 hours of overtime (from 3-00 to 5-00) will be paid at one and a half times, and at double the rate other extra-standard working hours (from 5-00 to 9-00). We will calculate the cost of the shift.

Payment from 22-00 to 3-00: 200 rub. x 5 hours = 1000 rub.

Payment for work from 3-00 to 5-00: 200 rubles. x 1.5 x 2 hours = 600 rub.

Payment from 5-00 to 9-00: 200 rub. x 2 x 4 hours = 1600 rub.

Additional payment for work “overnight” from 22-00 to 6-00: (200 rubles x 25%) x 8 hours = 400 rubles.

In total, the employee was accrued: 1000 rubles per shift. + 600 rub. + 1600 rub. + 400 rub. = 3600 rub.

Current version of Art. 96 of the Labor Code of the Russian Federation with comments and additions for 2018

Night time is the time from 22:00 to 6:00.

The duration of work (shift) at night is reduced by one hour without further work.

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations.

The following are not allowed to work at night: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) execution works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts Russian Federation, mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.
Night work procedures for creative media workers mass media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social labor relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Commentary on Article 96 of the Labor Code of the Russian Federation

1. The commented article regulates the procedure for organizing work at night.

Night time for the regulation of labor relations is considered to be the time from 22:00 to 6:00.

As a general rule, the duration of work in the period from 22:00 to 6:00 should be reduced by one hour compared to daytime working hours; no overtime is provided.

The following exceptions are provided:
- if the employee previously had a reduced working time;
- if the employee was hired specifically to work on night shifts, for example, to protect territory, premises, etc.;
- if working conditions at the enterprise (organization) provide for shift work.

The duration of a work shift at night can be equalized with the duration of a work shift during the day when organizing work on the principle of a six-day work week.

The legislator allows that a collective agreement of an organization (enterprise) may establish a list of jobs, professions, positions for which a shift work schedule is established. In addition, the list of works for which a shift work schedule is established can be determined by the LNA.

2. The legislator has established a list of persons who are not allowed to work at night under any circumstances:
- pregnant women;
- workers under 18 years of age.

For this category of workers in exceptional cases the possibility of carrying out work at night is allowed if they are involved in the creation and (or) performance of artistic works. Also, such an exception may be established for other categories of workers in accordance with the Labor Code of the Russian Federation and other federal laws.

3. In addition, the provisions of the commented article define a list of categories of workers who can be involved in night work only with their written consent:
- women with children under three years of age;
- disabled people;
- workers with disabled children (here we're talking about not only about women, but also about men);
- persons with family obligations, i.e. persons caring for sick family members;
- mothers and fathers raising children under five years of age independently without a spouse;
- guardians of children under five years of age.

When engaging workers of the listed categories to work at night, even with their written consent, the employer must also take into account whether these workers are prohibited from working at night for health reasons, or whether they have contraindications in accordance with medical reports. It seems that the responsibility to provide the relevant documents lies directly with the employee himself.

One of the important conditions for attracting the listed workers of the above categories to work on the night shift is to familiarize them with the right granted to them by law to refuse to work at night. Such familiarization must be made in writing. As noted in Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1, in this situation, refusal to work at night is not considered a disciplinary offense, and therefore these employees cannot be brought to disciplinary liability. Refusal to work at night is also legal in the case when only part of the night time was spent on its implementation.

Separately, the legislator identified a category of persons whose work is related to creative activity. The procedure for organizing work at night for the categories of creative workers listed in the article may be provided for by a collective or labor agreement, as well as by the LNA.

Another comment to Art. 96 Labor Code of the Russian Federation

1. Limiting the duration of work at night is a special case reduction of working hours. Night work has an adverse effect on human health, which is why a number of ILO recommendations call for limiting night work. The reduction in the duration of work at night is carried out without subsequent work, i.e. with a corresponding reduction in the weekly working time standard (working time standard for the accounting period).

2. Parts 3 and 4 of the commented article list cases when the duration of night work is equal to day work.

3. In accordance with Part 5 of the commented article, pregnant women and workers under the age of 18 (with the exception of persons involved in the creation and (or) performance of artistic works) cannot be allowed to work at night.

4. A special procedure for attracting night work has been established in relation to certain categories of workers listed in part 5 of the commented article. If night work is not prohibited for health reasons in accordance with a medical report, they may be involved in night work, but only with their written consent, and the employer is obliged to inform them in writing of the right to refuse to work at night.

The requirements of the law to obtain the written consent of the employee to engage him in work at night and to familiarize the employee in writing with the right to refuse work at night must be fulfilled by the employer every time the need arises to involve employees in such work.

5. Each hour of work at night is paid at an increased rate compared to work at normal conditions(see Article 154 of the Labor Code and commentary thereto).

6. The procedure for night work for creative workers and professional athletes (according to the lists of categories of 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), established by a collective agreement, local regulations, employment contract, may differ from general rules for working at night. Decree of the Government of the Russian Federation dated April 28, 2007 N 252 approved the List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, features labor activity which are established by the Labor Code of the Russian Federation.

As an exception from general rule, which prohibits the involvement of minors in night work, creative workers under the age of 18, whose professions are indicated in the relevant lists, may be allowed to work at night (see Article 268 of the Labor Code and the commentary thereto).

Consultations and comments from lawyers on Article 96 of the Labor Code of the Russian Federation

If you still have questions regarding Article 96 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

In Russia there is a huge variety of professions, specialties, positions, and jobs. They all have their own characteristics. For example, in some cases work is provided in the evening and at night. But the main thing still remains one thing: all activities should be carried out strictly within the framework prescribed by Russian labor legislation. The law primarily protects the rights of the employee and clearly regulates the actions of the employer.

How the Labor Code of the Russian Federation determines night work

To get answers to questions regarding labor rights, of course, you should refer to the Labor Code of the Russian Federation (LC RF). Here are the fundamental rules that describe, in particular, the features of work at night. And first of all Art. 96 of the Labor Code of the Russian Federation defines what exactly labor law refers to as the concept of “night time”.

This is the period from 22 o'clock to 6 am. This duration is clearly defined by law and does not allow any ambiguity. It is this time period that is taken into account, for example, when determining the additional payment for night work. In other words, any work shift that starts after 10 pm is already considered a night shift.

Features of application

It is clear that working at night does not have the best effect on human health. The natural functioning of the body is disrupted. And the law takes this into account.

The regulatory framework regulates a shorter duration for any night shift compared to similar work during the day. It is shorter by one hour.

So, if the duration of a shift in a workshop is determined to be eight hours during the day, then at night in the same workshop it is enough for personnel of the same specialty to work seven hours. Consequently, the length of the working week is also reduced.

However, there are certain features of the application of this norm. The Code regulates that it is permissible to apply other standards for the duration of the working week. They depend on the employee’s working conditions and type of activity. Among such exceptions are:

The staff is already working on a reduced schedule. This applies, for example, to miners, who in any case have shifts lasting no more than six hours. The night shift for them will be the same time, it is not shortened. It is recommended that such a condition be included in the provisions of the employment contract in advance.
Personnel initially hired by the company to work only on night shifts. His working conditions, including the duration of night shifts, are also reflected in the employment contract.
Staff who work 6 days a week. For such employees, the night shift cannot exceed 5 hours.
Representatives of creative professions working in theaters, film crews, circuses, media, etc. For them, a special procedure is expected for activities in night shifts. It is usually introduced by local regulations, employment contracts, and collective agreements.

However, for all of these categories of personnel, the administration has the right to establish a different duration of shifts at night. The main thing is that it cannot be greater than the limit introduced by the Labor Code. But the legislator does not prohibit introducing a shorter work schedule for them at night based on the company’s local regulations. It is important that the withdrawn working time is not required to be worked out in the future.

Who is prohibited from working at night?

However, there are categories of citizens whom the law directly prohibits from sending to workplace at night time. This is due to concern for their health, since such a shift in work schedule has an obvious Negative influence. The ban (Article 96 of the Labor Code of the Russian Federation) applies to:

minors.

An exception to this strict prohibition may again be representatives of creative professions. But at the same time, all working conditions must in any case be specified in local regulations and rely on norms federal laws, as well as tripartite commissions for regulating social and labor relations. In addition, a special work schedule must be written directly in employment contracts such creative employees.

The Labor Code of the Russian Federation also provides for a circle of persons for whom not direct prohibitions, but some restrictions are introduced in relation to night shifts.

The list of such people is clearly stated and does not imply extensive interpretation. Among them:

disabled people;
parents raising disabled children;
mothers whose children have not yet reached the age of three;
employees who have to care for disabled relatives or seriously ill family members;
parents and guardians who are raising children under five years of age alone.

All of these persons may be required to work the night shift. However, the employer has the right to do this only if written consent has been received from citizens. Moreover, when applying for a job, a potential employee belonging to one of these categories has the right to declare in advance that, for objective reasons, he refuses to work at night.

Overtime work at night

The Labor Code of the Russian Federation gives the employer the right to involve personnel in work activities beyond the working time limits established for them (Articles 97 and 99). This may be the case if, during a normal working day, there is a need to perform an additional amount of work. Or the citizen initially works on an irregular working schedule.

The category of overtime includes work that is performed outside the norm established for the daily working day (or shift). This also applies to work that is done in excess of the established total number of working hours during the accounting period (week, month). Such overtime work may also occur during the night.

When is night overtime acceptable?

As a rule, this is carried out on the initiative of the administration. However, this is possible only with the consent of the employee himself, which is expressed in writing. When working beyond the standard time on the initiative of the employee himself, this is not considered overtime.

And night overtime is possible for a variety of reasons. For example:

work cannot be left unfinished, as this will lead to harm to people or property;
Long-term downtime of equipment and subsequent losses should be avoided, and therefore, it must be repaired as quickly as possible;
the employee is forced to stay overtime due to the absence of a shift worker.

Situations can be very different. They require an individual approach from the employer. The main thing is to remain within the framework of current legislation.

In addition, there are cases when staff can be involved in overtime even without their written consent. This happens, for example, when eliminating the consequences natural Disasters or man-made disasters, to restore the operation of utility systems, to prevent emergencies, etc. In any case, we are talking about some kind of emergency critical situations.

Rules for registration and payment of night overtime

The Labor Code of the Russian Federation establishes the duration of permissible work. For two consecutive working days, one employee should not work overtime for a total of more than four hours. In a year as a whole, the period of overtime work permitted by law cannot exceed 120 hours.

Regulatory authorities are strict about compliance with this standard. In addition, payment for such working hours has certain order. All this forces the employer to provide accurate records. Involvement of an employee to overtime is formalized by order of the manager. If there is a trade union organization at the enterprise, it is also necessary to take into account the opinion of its elected body. If this does not happen, the trade union has the right to appeal the relevant order to the labor inspectorate or in court.

Upon receipt of the written consent of the employee and the trade union, a corresponding order is issued. The necessary notes are made on the working time sheet. Strict accounting is necessary for the correct calculation of payment.

The law sets a minimum surcharge limit. Provisions may be made that determine a different, higher amount of payment. By default, for the first two hours of working time, payment is set at 1.5 times the standard daily wage. When working during subsequent hours, the pay is double the daily rate.

Paying overtime at night has its own peculiarities

An employee has the right to receive time off for overtime. In this situation, he still receives payment for the work - at a single daily rate. In addition, he also receives time off - commensurate with the number of hours worked in excess of the norm.

Separate calculation – for weekends and holidays. Its rules were spelled out in Soviet documents from 1966. However, in 2005 Supreme Court The Russian Federation recognized the norms contained there as valid. This means that on such days and nights overtime is paid at least twice as much.

Irregular work schedules are a reality for representatives of many professions. At the same time, it is not only first responders who are forced to work at night. Nowadays, night work is important for logistics workers, security guards and watchmen, city street cleaners, pharmacists at 24-hour pharmacies, gas station operators and representatives of dozens of other professions.

When applying for a new job, a person may not even suspect that one day he will have to go on the night shift or stay late at work. In today’s text, we will tell you from what hour “night work” is considered, whether the employer is obliged to pay extra for off-hours, who is not allowed to work night shifts at all, and whether it is realistic to refuse an inconvenient schedule by law.

According to the Russian set of labor laws, working hours lasting from ten in the evening to six in the morning are considered to be night hours, or if more than half of the working hours occur during this time period. If a person works in shifts, then when going out at night his schedule is reduced by an hour. A person should not work out these shortened sixty minutes later. The shift will not be shortened in the following cases:

The employee is hired to perform night duties only (does not have day shifts).
The employee already has a reduced schedule.
Works a six-day shift week with days off.
If reduction is impossible due to the nature of the labor process (for example, production).

Important point! The maximum number of hours worked at night cannot exceed forty per week. This is the norm established by law.

It is logical that an employee’s shift does not always fall strictly during hours considered night hours. How then can working hours be reduced? It is established by law that night work is considered to be work that occurs half or more between 22:00 and 06:00. It turns out that a person who works from midnight to eight in the morning works on the night shift, since 80% of the work time occurs at night.

The employer should also adhere to the provisions of Article 103 of the Labor Code of the Russian Federation. It contains information that when drawing up a night work schedule, the boss must remember: night work can negatively affect personal, family and public life person. The problem lies in the difficulties in coordinating with the schedule of the rest of the household and the inability to build full-fledged social contacts, because at night a person is at work and, accordingly, sleeps during the day. It is logical that an employee who works exclusively at night may experience significant discomfort. There are also people for whom night work is completely prohibited.

Who cannot work at night

The circle of people who are not allowed to work shifts at night is regulated by law. This is a fairly extensive list of citizens who have the right to refuse a boss who invites them to work after hours, without fear of being fired due to violation of obligations.

Citizens exempt from night work:

Pregnant women.
Women who have a child under three years of age.
Men and women.
1. Having children with disabilities.
2. Raising children under five years of age alone.
3. Are guardians of children of the specified age.
Minors.
Disabled people.
Caring for sick family members.
Unable to work at night according to a medical report.

At the same time, the law makes amendments for representatives of certain professions. Thus, journalists, film, television, circus workers, participants creative processes, people involved in the creation of works of art and similar employees can work at night, regardless of their affiliation with the above list. The procedure for their work in this situation is regulated by labor and collective agreements, local acts and the decision of the commission regulating social and labor relations. Athletes are also included in this list.

Logically, it turns out that the list allows, if desired, citizens belonging to all categories to work. For example, minor actors or circus performers, Paralympians may well work on an extra-curricular schedule by signing an agreement on paper (not just agreeing verbally, but by signing a document in which they indicate that they are familiar with their right to refuse night work, but are ready for it).

The only ones who cannot work at night under any circumstances are the young ladies in interesting position. A woman, having learned about pregnancy, has the right to immediately inform her superiors about it, presenting medical certificate. Night work is considered a serious stress for the body of the expectant mother, so the employer must immediately transfer the woman to the same job, only during the daytime. If a day shift is not provided, the pregnant woman is looking for another occupation. If one is not found, the woman is released from work while maintaining her wages.

Pay for night work

One normative document, act or other paper that would list all the professions whose representatives can work at night and receive the appropriate additional payment for this, does not exist. When applying for a job that involves night shifts, a person can individually familiarize themselves with an industry agreement or other paper that contains comprehensive information about the issue. Also, the new employee is required to sign a document in which he agrees to night work and indicates that he is aware of the extra pay for “inconvenient” shifts.

Article No. 154 of the Labor Code of the Russian Federation states that for working at night a person receives an increased wages. The Code states that night hours are paid in accordance with the contract (labor, collective), or the salary regulations. Each hour of a “night employee” should cost more than in the normal schedule, not lower than the norm established by law. That is, the minimum is set at 20%, but the actual amounts of additional payments always remain at the discretion of the employer.

For some categories of employees, night pay is established by the Regulations of the Ministry of Labor. For employees of medical institutions, it is 50% of the hourly rate, while people providing emergency and emergency assistance citizens at night receive an increase of 100% of the hourly wage during normal daytime.

There are also surcharges of 35% and 40% of the regular hourly rate. Let us consider in the form of a table which professions are required to receive such payment for night work.

Table 1. Who is entitled to a bonus for night work?

35% of hourly rate	40% of hourly rate
Sentry security	Railway workers
Paramilitary security units	Employees of paramilitary units eliminating emergencies in the coal industry
Fire protection	Industry department specialists
Housing office workers (consumer services for citizens)	Workers of agricultural holdings and processing plants
Immigration checkpoint workers	Employees of communications and transport departments
Social security workers, cultural institutions, teachers	Workers, foremen, managers of construction organizations

Let's look at the principles of increased pay using examples.

Example No. 1. Ivan Semyonovich Trudnikov, who has worked fully for a month, should receive a salary of fifty thousand rubles. According to the standard, he worked shifts with a total duration of 175 hours, including 6 hours worked “at night” for production needs. An order from the employer states: additional payment for after-hours work is 20% of the hourly rate. How much money will the employee be paid?

Let's determine what his hourly rate was. To do this, divide the salary amount by the number of hours worked (50,000/175 = 285.7 rubles). Since six hours must be paid at a twenty percent increasing rate, we multiply the hourly rate (285.7 rubles) by the number of “night hours” (there are six of them). We get 2057.1 rubles. Accordingly, from total number hours you need to subtract “night” (175-6), multiply by the hourly rate and add the amount of payment for night hours (2057.1 rubles). It turns out that the employee earned 50 thousand 342 rubles and 9 kopecks.

Example No. 2. Irina Igorevna Rabotushchaya works at the plant on day and night shifts. During the day - from nine in the morning to ten in the evening, at night, on the contrary - from ten in the evening until nine in the morning. For “night” hours, management pays Irina Igorevna 25% of the hourly rate of two hundred rubles. Over the course of a month, the employee worked four shifts at night.

Note that “night” time is considered to be the hours between 22:00 and 06:00 (we wrote about this above). It turns out that the woman worked 32 hours on the night shift (four shifts of 8 hours each, which does not contradict the law, we remind you that maximum amount night hours - forty). With an additional payment of 25% to the hourly rate of 200 rubles, it turns out that night hour costs 250 rubles. Accordingly, the additional payment for “night hours” will be 1 thousand 600 rubles (32 hours x 50 rubles additional payment). In addition, every hour on the night shift is paid at a rate of 200 rubles.

Example No. 3. Sergei Evgenievich Sleepless was forced not only to go to work at night, but also overtime. In total, the employee spent time at work from 22:00 to 09:00. At the same time, Sergei Evgenievich worked six hours in excess of the monthly norm (from 03:00 to 09:00), three hours of overtime occurred at night (from 03:00 to 06:00). Let's calculate how much it costs to change the Sleepless One.

According to Article No. 152 of the Labor Code of the Russian Federation, for overtime work For the first two hours, a one-and-a-half increase is due, and for subsequent hours, a double increase. A standard hour of work for Sleepless costs 200 rubles. Accordingly, for the hours from 22:00 to 06:00 he will receive 250 rubles, taking into account a 25% surcharge for night work. The boss will pay at one and a half times the first two hours of overtime (from 03:00 to 05:00), and at double the rate for hours from 05:00 to 09:00. Thus, Sergei Evgenievich will receive 3 thousand 600 rubles for his shift:

From 22:00 to 03:00 - 200 rubles x 5 hours = 1000 rubles.
Additional payment for night work from 22:00 to 6:00 - (200 rubles x 25%) x 8 hours = 400 rubles.
From 03:00 to 05:00 - 200 rubles, eh 1.5 x 2 hours = 600 rubles.
Payment from 05:00 to 09:00: 200 rubles x 2 x 4 hours = 1600 rubles.

You can calculate the premium pay for those categories of employees whose “night hours” are 50 and 100% more expensive than regular ones, using the same scheme. You need to multiply the number of hours worked per night by one and a half or two hourly rates.

Video - Pay for work at night

Night work: rest

Article No. 108 of the Labor Code of the Russian Federation regulates the organization of rest for employees working night shifts. First of all, the code of laws stipulates the time for eating. The employer must allow the employee to have a snack within a time period of at least thirty minutes. At the same time, organizing the process of rest and meals falls on the shoulders of the authorities. In other words, an employee should be able to have a snack right at the enterprise or, if he brings food with him, use a kitchen organized in the premises where the work shift takes place.

Article 108. Breaks for rest and meals of the Labor Code of the Russian Federation

As for days off and rest from work, everything is ambiguous here. Previously, the model was adopted: “Shift - sleep - day off - shift,” meaning that after night work a person is given two days to rest. The first one is to get some sleep, the second one is to be able to solve problems during the daytime. Now this model is not universal.

There are two rules. First, two night shifts in a row are prohibited for one employee; this rule applies to those who work both day and night. For workers who only work night shifts, it is impossible to schedule two nights in a row. That is, it is impossible to organize the labor process in such a way that a person goes out “at night,” goes home in the morning, and in the evening he is expected back at his workplace. We remind you that a person cannot work more than forty “night” hours per month - this right of employees is enshrined in law.

Summarizing

Working on the night shift is not always convenient or pleasant for the employees themselves. But modern society needs people who serve at night: doctors, rescuers, pharmacists, convenience store clerks, law enforcement officers and other representatives of various professions.

Therefore, night shifts are paid higher than similar work performed during the day. In addition, night workers have the right to proper rest, which somewhat compensates for off-hour work. The main thing is to know your rights and understand that working on night shifts is much more difficult than day shifts and takes away more resources, and therefore requires more pay and attention from management.