Labor code night shifts. How is night work paid according to the Labor Code of the Russian Federation?

The current legislation defines shifts that have the status of night shifts. If an employee constantly works late during the day, he is required to receive additional pay and unique compensations that are not available to standard employees.

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What does the Labor Code say?

Article 96 of the Labor Code determines that night work can take into account the hours that fall between 10 pm and 6 am. Only if more than 50% of a person’s time at work falls during this period, his work is considered night and has additional pay.

Under current laws, a standard night shift is 60 minutes shorter than a day shift. For example, if in staffing table 8 hours are defined, for work after 22 hours it is set to 7, and there is no need to work out the missing time.

In some cases, the employer is required to reduce hours at night, including:

the employment contract specifies the person’s night work type;
the employee initially works on a reduced schedule;
employees work in shifts and have one day off per week.

The legislation establishes some nuances and restrictions on work at night:

When reducing work on night shifts, the employer does not have the right to impose sanctions on employees or reduce wages. The change is considered complete.
A night shift can be the same length as a day shift if the company's operations require employees to perform their duties full time, or if employees work shifts 6 days a week.
The law establishes a list of citizens who are prohibited from being involved in night shifts, regardless of their duration or duties.
Some employees can be involved in night shifts only after receiving written consent, providing them with an order for familiarization and allowing them to refuse without imposing sanctions or fines.
If the company employs media or creative professionals, night mode signed in the collective labor agreement. In some cases, confirmation from the commission about the need to introduce a night shift is required.

Who is not allowed

There are several situations that prohibit night shifts:

according to the employment contract, the employee works during the day;
a person works under the condition of reduced working hours;
employees cannot work at night, since such a ban is established in internal legal acts.

Regardless of working conditions, the following groups of citizens cannot work at night:

pregnant employees;
imperfect employees, except those involved in work of an artistic nature.

How to translate

If a citizen initially signs an employment contract with working hours from 10 pm to 6 am, then the manager must make sure that the person understands the need to regularly work at night.

If a person was initially employed during the daytime, but at work it became necessary to work at night, the employer is obliged to pay 30 calendar days notify the employee about the schedule change.

One of the benefits for workers is additional pay for night shifts. Not all employees know at what point the additional payment begins. For example, if a person goes to work at 8 pm, the salary increase will begin at 10 pm, and the previous 2 hours will be paid at the standard rate.

Some employers are trying to save money by not notifying citizens about the necessary salary increase. Employees must remember that they must receive notice before moving to night shifts, and some categories of citizens must give their written consent.

From what time are they counted?

The Labor Code establishes that the amount of bonus for night shifts should be 20% of the salary.

Night hours start at 10 pm, the exact amount of the increase is indicated in the organization’s internal documentation. The Tax Service has collected statistics according to which the average salary increase is 40%.

There are several categories of employees who can count on increased rates:

In all other cases, each hour of night work is paid at the discretion of the organization’s management, but the amount cannot be less than that established by the Labor Code. To correctly calculate working hours, you need to take the monthly salary and divide it by the number of working days according to the staffing schedule.

The resulting number is divided by the number of hours in a standard work shift. This figure shows how much a person earns on a day shift.

To find out the salary per day, you need to multiply the number by the number of hours in one shift. Accordingly, if a citizen works 8 shifts at night, daily earnings must be multiplied by 8 to find out the monthly salary for this time.

How long are night shifts and how many are there?

Night work hours according to the Labor Code of the Russian Federation in 2019 are shorter than the standard day by 1 hour. Sometimes situations arise that make the time even shorter:

Article 92 of the Labor Code establishes that if an employee works less than 8 hours a day and the working week does not exceed 36 hours, then the shift must be shortened to fit into the norm.
If an employee works only at night, the number of work shifts and their duration are included in the contract.
If the organization has 6 working days per week.
If required to fulfill obligations.

Teenagers work with shortened working hours, but they are prohibited from being involved in night shifts. Disabled people and workers in hazardous industries have the right to leave after 10 pm, but only with their written consent.

Payment

When an employee starts work, an employment contract is concluded with the employer, which stipulates the number of hours that a person must work in order to receive a full salary.

If an employee works beyond the established hours, he is entitled to additional payment for overtime, but in an amount not exceeding the overtime payment for other (day) employees.

The Labor Code establishes that night hours are paid in accordance with the additional payment established by the internal documentation of the organization and the amount of time worked.

For example, an employer decided to pay the minimum allowable additional payment of 20%, and an employee who receives 500 rubles per hour worked 10 night hours in a month.

To calculate wages for night hours you need:

(Amount per hour) / (Percentage rate of surcharge for night shift) * amount of time worked = (500 * 0.2) * 10 = 1000 rubles

Employee consent

Some employees must provide written consent to switch to night work. This category includes disabled people and workers in enterprises if this work involves risks to life or health.

Consent is issued by the citizen personally and confirmed with a date and signature. The document states that the person is ready to work from 10 pm to 6 am. In addition to consent, a disabled person is required to undergo a medical examination and provide an opinion on the ability to carry out activities at night.

The document must indicate the following information:

employee information;
employer information;
the body of the document, which specifies working hours and consent;
date and signature of the employee.

When consent is given to the manager, he issues an order to change the schedule and switch to night work. The order is accompanied by the consent of the employee and, if any, the conclusion of a medical expert.

Consent is drawn up in free form; no requirements are provided for by law. It is checked by the HR department and then forwarded to the director. The result is that the employee is assigned to night shifts and the salary calculation is changed.

Advantages and disadvantages

The most important advantages of night shifts are:

Free daytime; the employer does not have the right to force an employee to work around the clock. If a person goes out at night, daytime hours are left to his discretion.
Increased salary. A person’s salary increases by at least 20%; in some enterprises it increases up to 50%. Competition for such positions is almost always lower, and it is easier to find a job.
Management is almost always not at work during the night shift, and there are no collective meetings or reviews of the enterprise’s activities.

Cons night work also present:

Night work hours are regulated by internal documents of the enterprise or employment contract with an employee. No provision in the papers may contradict Labor Code.

The essence of night work is revealed by the Labor Code in Art. 96. The specified legal norm recognizes as such work carried out by citizens in the period from 22:00 to 06:00.

When inviting workers to work at night, the manager must remember his responsibilities to reduce the shift by an hour compared to the day shift established at the enterprise. The duration of the latter is usually equal to the duration working day at 6 days working week with one day off. However, the employer does not have the right to subsequently require employees to work this hour.

However, it is important to remember that this rule applies only to employees whose work activities do not specifically require night shifts. Thus, if a citizen is initially hired with the condition of performing labor functions at night, the duration of his shift remains unchanged (i.e., equal to the day). It makes sense to talk about reducing the night shift for this category of workers only when such a condition is stipulated in an agreement concluded between the employer and the work team.

Persons entitled to refuse to work at night

Despite the fact that managers are given the opportunity to involve subordinates in work at night, the law still provides for a number of restrictions regarding situations where the involvement is impossible or permissible only upon receipt of written consent from the employee.

Thus, it is prohibited to engage in work at night:

women who are pregnant;
minors working under a contract;
persons with medical contraindications, documented;
other persons mentioned in this regard in the Labor Code (other normative legal acts, containing labor legislation).

Please note that these restrictions do not apply to persons who are hired for work that involves performing/creating artistic works (directors, actors, performers, singers, artistic directors, etc.).

women with children under 3 years of age;
persons with disabilities (as well as those with disabled children);
citizens providing care for family members recognized as sick (an official medical report is required);
mothers/fathers raising children under 5 years of age, in cases where they are raising them without the help of another parent;
single caregivers with children under 5 years of age.

The employer should not forget about his obligation to familiarize the mentioned persons with their right to refuse to work at night, as evidenced by Part 5 of Art. 96 TK. In this case, the fact of familiarization must also be confirmed in writing.

Part 6 of the above article also establishes the procedure for working at night for persons in creative professions/associations whose activities are aimed at creating/reproducing works of art. According to this rule of law, the procedure and conditions for attracting this category of workers to work at night are determined local acts employer, as well as a collective/labor agreement. The conclusion of contracts with them is carried out according to the list of works/professions/positions approved Russian government.

Pay for work at night

In the Labor Code of the Russian Federation, remuneration for work at night is mentioned in Art. 154. True, this legal norm contains instructions only on the general procedure for remuneration without any specifics.

Thus, the first paragraph contains a condition regarding work at night, which must be paid in larger size than activities carried out during the day. At the same time, the level of salary increase should not be lower than the limits provided by law (including the Labor Code and other regulations relating to labor issues).

According to the provisions of Part 2 of Art. 154 of the Labor Code, the minimum amount of wage increase is generally established by the Government of the Russian Federation. In its final version, the procedure for increasing wages for a person going to work at night is reflected in local acts developed, adopted and issued by management in agreement with the representative body of workers. In cases where such a procedure is not regulated at the enterprise, but the employee worked a night shift, the employer must issue a corresponding order, which stipulates an increase in wages for night hours.

Until 2011, in our country there was a decree of the CPSU Central Committee dated February 12, 1987 No. 194, according to which an additional payment of 20% of the hourly rate was required for work in the evening and 40% for work at night. At the same time, additional pay for night work was discussed only when at least half of the time worked was at night.

By Decree of the Government of the Russian Federation dated April 28, 2011 No. 332, the above-mentioned legal act was declared invalid. By the way, this document was never in full effect, since its provisions contradicted the current labor legislation.

Today, government decree No. 554 dated July 22, 2008 is in force, according to the provisions of which employees performing their labor functions at night must receive an additional payment, calculated as a percentage of the established wages. In 2017-2018, this amount is equal to 20% of the hourly tariff rate or official salary employee, and the calculation takes into account each night hour worked by the employee.

It is important to understand that at the government level only the minimum amount of additional payments for night work is provided. As for her maximum level, then it is not limited by anything and depends only on decisions made by the employer and enshrined in internal regulations issued by him or agreements concluded between him and employees.

For certain categories of the working population, whose wages are paid at the expense of state/municipal budget funds, special methods for calculating payment for night work have been adopted and are in effect. For example, this applies to health workers and social workers, for whom such payment methods are a kind of additional incentive measure.

Is there a difference between night work and overtime

Quite often, ordinary citizens confuse the concepts of night work and overtime work. However, these concepts are different: they are paid differently, taken into account, and formalized. Let's take a closer look at the differences that exist.

When talking about overtime work, it should be understood that it is carried out outside working hours considered normal (i.e., the normal length of a working day or shift). Unlike night work, the grounds for working overtime are clearly regulated by current legislation. The law even provides for cases when an employee does not have the right to refuse to work overtime:

If they are directly related to the prevention/elimination of the consequences of accidents/disasters that have occurred or the elimination of technological failures that can lead to accidents/disasters.
If the work is aimed at eliminating the consequences caused by natural disasters.
If the work is carried out due to a high degree of public utility (this means work on the restoration or repair of thermal and electrical networks, drainage systems, gas and water supply, communications, etc.).
If the performance of work by an individual employee is necessitated by the introduction of a martial law/state of emergency in his territory of residence, provided that these works are classified as urgent. In particular, we're talking about about the existing real threat the occurrence of any disaster (earthquake, fire, famine, flood, epidemic, etc.) or cases when any of the above has already occurred and poses a threat to the health and life of the population living in a given territory (including individual military unit).

At the same time, in a number of cases, involvement in overtime work requires the mandatory consent of the employee:

The manager has the right to involve an employee in such work when it is necessary to perform/complete previously started work that could not be completed during working hours due to technical features production. In particular, if failure to comply necessary work may cause damage/loss of property belonging to the employer or third parties (provided that he is responsible for the property of such), or we are talking about possible damage/loss of municipal and state property or a threat to the life/health of citizens.
It is possible to be involved in work related to the restoration of equipment/mechanisms if failure to do so could lead to the suspension of the activities of a significant number of employees working at the enterprise.
An employee may be required to work overtime, if it does not allow for a break, in the event that his replacement does not show up for work. It should be noted that in such situations, the employer must take measures to promptly replace the employee who has worked (remained after the shift) with another.

Moreover, in order to involve workers in overtime work in these cases, it is necessary not only to obtain their written consent, but also to take into account the opinion on this matter of the primary trade union body (if one is present in the organization).

No one has the right to engage persons under the age of majority or pregnant women to work both at night and overtime. If we are talking about hiring employees with disabilities or mothers raising children under 3 years of age, then it becomes necessary to obtain written consent from them, supplemented by a receipt that management has informed them of the right to refuse this work.

Let us also note that total overtime hours worked, in accordance with Part 6 of Art. 99 TK, should not exceed 120 per year or 4 for 2 consecutive days. In this case, the responsibility for ensuring accurate recording of time worked by employees in excess of the established norm rests with the employer.

About working under irregular working hours

Another concept with which night work is often confused is irregular working hours. According to Art. 100 of the Labor Code, employees must be provided with a certain working regime, i.e. determined working time, during which they must remain at their workplaces.

There may be several options, since the law provides for:

5-day work week with 2 days off;
6-day work week with 1 day off;
flexible schedule with floating days off;
for certain categories of workers - part-time work week or working day with irregular hours.

The conditions for the beginning and end of a work shift, as well as breaks in it, must be stipulated by the internal labor regulations in force in the organization, or contained in other regulations and agreements (including collective and labor agreements) concluded with the employee.

The nuances of working time for employees in special areas of activity (for example, communications or transport) are determined in the manner prescribed by the Russian government. The concept of irregularity in this Art. 101 of the Labor Code is regarded as a special work schedule, according to which some employees (their categories are strictly defined by the employer) can be involved in performing work duties even after the end of the work shift established for them.

About the procedure for inviting employees to work at night

As is clear from the above, night work, if it is not stipulated by the work schedule reflected in the employment contract, should not be the rule, but an exception to it. That is why, when attracting an employee to work at night, it is necessary to follow certain procedures, the number of which depends on what category of workers it is planned to attract.

Thus, in cases where it is necessary to involve an employee who has no contraindications to work at night, or the grounds for such involvement are defined by law as not requiring consent, the employer only needs to issue an appropriate order and familiarize the employee with it (it is best to do this under signature).

In the case where labor legislation requires obtaining his consent to engage an employee to work at night, the latter must first be obtained in writing. Moreover, for certain categories of citizens (women with children under 3 years of age; single parents with children under 5 years of age; disabled people; parents of disabled children, etc.), the procedure for attracting them to work at night requires their signature and under appropriate notice.

If an employer often has a need to involve employees in night work, it makes sense for him to create unified forms for notifying and confirming the consent of employees. Moreover, some employers combine both documents in one. The law does not establish any special requirements for such documents, so they are drawn up in free form.

Notice of refusal to work at night

For example, the following form of notification about the possibility of refusing to work at night can be given:

"LIMITED LIABILITY COMPANY "TULPAN"

101000, Moscow, st. Torfyanaya, 15; INN 1111111111; OGRN 111111111111

Senior engineer

Bykova Olga Pavlovna

000000, Moscow, st. Uzlovaya, 3, apt. 5

Dear Olga Pavlovna!

Due to production needs, namely due to a technological failure that occurred and the need to debug equipment and mechanisms, we would like to invite you to work at night - on the night of November 17-18, 2017, from 22:00 to 4:00 .

We notify you that due to the presence of a child under the age of 3 years, you, in accordance with the provisions of the Labor Code of the Russian Federation (Article 96), have the right to refuse work at night or agree to perform it, subject to giving your consent in writing.

Sincerely, Director (personal signature) Timokhin V. E.”

This notice can be sent to the employee by mail or delivered personally when he is at his workplace. If the employer sends the notice by mail, then you can send a letter with a description of the attachment and a receipt, keeping the receipt of mailing and the notice signed by the employee. Or you can ask the employee in a letter to appear at set time to formalize consent and record the fact of notification of the possibility of refusal to work. As a rule, such notices are drawn up in 2 identical copies - for the employer and the employee. On the employer’s copy, the employee must personally write that he received the notice and became familiar with his rights, and then indicate the date of receipt of the notice.

Registration of employee consent to work at night

As mentioned earlier, in addition to notification, the employer must obtain consent from the employee to perform work on the night shift. Consent, as well as notification, is drawn up in free form. The only requirement for it is the indispensable presence of:

employee consent to work at night;
indicating the date of submission of such consent;
personal signature.

In principle, the employer can write the consent on his own and simply invite the employee to put his personal signature on it, but he can also ask the employees to draw up such a paper each time in their own hand. Tentatively, consent may look like this:

"To the Director of LLC "Tulip"

Timokhin V. E.

from senior engineer

Bykova O. P.

I hereby confirm my consent to go to work at night on November 21, 2017.

The document is submitted to the personnel department, the office or the manager’s reception area, depending on the procedure established in the organization.

But is there a need to obtain consent and send notice to an employee whose employment contract provides for night work, although he has grounds for refusing to work at such hours? For example, what should an employer do if an employee with a disabled child works on a shift schedule that includes night shifts, which he has the right to refuse?

The Labor Code does not provide exceptions to the rule of obtaining consent and notification of employees. This means that even if the employee was initially hired for shift work, the employer must obtain his consent and notify him of the working conditions in the appropriate form. At the same time, as practice shows, notification and consent of the employee to go to work at night must be obtained every time he is involved in it. Here again, we repeat that it is better to create a common unified form in order to reduce the time spent by the employer and his subordinates when completing paperwork.

Order form for employment at night

After receiving consent from employees and signing notices, the employer issues an order to involve them in work at night, indicating their positions, names and the date when such involvement will be carried out. Then the order is certified by the signature of the manager or another person authorized to draw up such documents and registered in accordance with the general procedure.

Download the order form

Approximately an order to attract an employee to labor activity on the night shift it looks like this:

LLC "TULPAN"

101000, Moscow, st. Torfyanaya, 15; INN 1111111111; OGRN 111111111111

ORDER No. 1-11/2341

Due to production needs, namely due to a technological failure that occurred and the need to debug equipment and mechanisms,

I ORDER:

attract senior engineer Olga Pavlovna Bykova to work at night on the night of November 21-22, 2017 from 22:00 to 4:00. Payment for night work must be made in accordance with labor legislation and the terms of the collective agreement.

Director (personal signature) Timokhin V. E.”

Confirmation of medical contraindications for refusal to work at night

In cases involving the possible refusal of workers who have medical contraindications to work on night shifts, it is not entirely clear how the employer should ensure that there are no such contraindications. Confirm or deny this fact is possible only with the help of appropriate medical certificates, however, the employer, according to the law, is not obliged (and should not) require subordinates to submit medical documents. That is, formally, employees can independently make decisions on whether or not to present them.

However, most lawyers come to the conclusion that the presentation medical certificate, proving the impossibility of being recruited to work on the night shift, is still mandatory. After all, if an employee presents a certificate stating that he has contraindications for working at night, the employer does not have the right to involve him in such work. In the absence of such evidence, the employee is considered suitable for night work (except for cases provided for by the Labor Code).

Daily work - according to the Labor Code, rest time under this regime is not specifically regulated; employers are guided by general rules Section V of the Labor Code of the Russian Federation. How many and what breaks should there be during daily work, read in this article.

The concept of daily work

Daily work refers to the performance by an employee of his work duties within 24 hours. With regard to such a regime, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) does not contain any prohibitions, but when establishing it, the following must be taken into account:

per week, the employee must work no more than 40 hours - part 2 of Art. 91 of the Labor Code of the Russian Federation (read about those who have a shorter working week in our article “Reduced working hours (nuances)”);
During the week, the employee must have continuous rest for at least 42 hours (Article 110 of the Labor Code of the Russian Federation).
not all categories of workers can be involved in shift work lasting a day due to the presence of restrictions on the length of the working day/week for certain categories of workers (minors, disabled people, etc. - Articles 92, 94 of the Labor Code of the Russian Federation) - see block - diagram below;
not all categories of workers can be involved in work according to such a schedule due to the ban on involving them in work at night - Art. 96 of the Labor Code of the Russian Federation (more details in our article “Payment for night work under the Labor Code (nuances)”).

How to create a work and rest schedule during daily shifts?

The most common schedules in practice are a day after 2 and a day after 3. With such schedules, the requirement for a 40-hour week is violated, so the employer introduces summarized time tracking provided for in Art. 104 Labor Code of the Russian Federation.

Risks! According to Art. 104 of the Labor Code of the Russian Federation, if it is not possible to comply with daily and weekly working time limits, the employer counts the hours worked for the accounting period and controls that they do not exceed the established norm for the accounting period.

The procedure for introducing summarized recording of working time is regulated by internal labor regulations. Accordingly, these rules also determine the accounting period - month, quarter, six months or year. It is not permitted by law to take into account hours worked more than a year (for workers in the industry with hazardous conditions, the limit is 3 months - Part 1 of Article 104 of the Labor Code of the Russian Federation).

Note! Thanks to working time tracking, unworked hours can be covered by overworked ones.

The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers.

Let's look at a specific example of the rules for drawing up a daily work schedule, for example, for April 2019:

scheme - after 3 days;
accounting period - month;
number of working days according to the calendar of a five-day working week - 22;
the number of hours per month that accounts for the reduction in working hours in April 2019 is 1 hour.

Calculation of the standard working hours for a month is carried out in accordance with the Calculation Procedure..., approved. by order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n:

Standard hours = (40 hours x 5 / 22) - 1 hour = 175 hours.

The shift schedule for the month is presented below (C - shift, B - day off).

Work time and rest time with a daily schedule

The start and end times of work are indicated in the rules internal regulations and, if necessary, in the employment contract.

According to the Labor Code of the Russian Federation, with a daily work schedule, rest time is no different from rest time under other work modes. It is established taking into account the provisions of Chapter. 18 Labor Code of the Russian Federation:

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which work time does not turn on (Part 1 of Article 108 of the Labor Code of the Russian Federation). If an employee is on a shift lasting 24 hours, then during this time, then, for example, internal labor regulations may provide for 2 breaks of 1 hour each or 4 breaks of 30 minutes each. etc.;
if the employer cannot provide the employee with the opportunity to leave workplace and use rest time at your own discretion (which most often happens when working daily), then the time for eating and rest will be included in working hours.

Note! In accordance with the above, a shift lasting 22 hours may be indicated in the timesheet (for example, if the employee is given 2 hours for a break during the shift and the employee can leave the workplace) or 24 hours (if the employee was not allowed to leave the workplace). workplace).

Weekends are 2 or 3 days (depending on the mode) after 24 hours worked.

Important! Generally accepted weekends (Saturday, Sunday) or holidays When a shift falls on them, they are not days off, because The employee works according to his own schedule and his days off are determined precisely in accordance with this shift schedule.

Is the daily schedule considered shift work?

The daily schedule can be established not only during shift work, but also in the flexible schedule mode provided for in Art. 102 Labor Code of the Russian Federation. How they differ - see the table below.

Criteria	Shift work	Flexible working hours
How to make a schedule	By the employer with the approval of the trade union, etc.	By agreement of the parties
Is it possible to assign an employee to 2 shifts in a row?		Possible, with the consent of the employee
What does overtime consist of?	From the hours of work after the shift within Art. 99 of the Labor Code of the Russian Federation + in excess of the norm established for the accounting period	Hours in excess of the norm established for the accounting period
Is summarized working time recording introduced?	Necessarily	Necessarily
Is a night shift reduced by an hour?	Reduced	Doesn't shrink
How are shifts that fall on a holiday paid?		At least double the size
Who should not be placed for a day	Pregnant women, minors, disabled people with children under 3 years old, etc.

Note! Regardless of the type of regime in force at the enterprise, the employee retains his labor rights and guarantees. For example, if you fail to show up for work good reasons(sick leave, etc.) the employee is not required to work a missed shift. Of course, all other guarantees provided for by the Labor Code of the Russian Federation are also preserved (the right to annual paid leave, due to a reduction in compensation and payments, etc.)

Wages for daily work

Remuneration for flexible and shift work schedules has the following features:

actual hours worked are paid: salary or rate;
Night work is paid according to increased rate according to Art. 154 of the Labor Code of the Russian Federation (in 2019, the increase occurs at least 20% of the salary / hourly rate for each hour of night time - see Decree of the Government of the Russian Federation dated July 22, 2008 No. 554);
The holiday on which the shift falls is paid at double rate (except for cases where the employee is given a day of rest for working on a holiday - in this case payment is made at a single rate). If only part of the shift falls on a public holiday, then only the hours actually worked on that day are paid at double rate (Part 3 of Article 153 of the Labor Code of the Russian Federation) - you can read about the intricacies of the calculation in the article “How to pay for holidays on a shift schedule ? ;
overtime work for the first 2 hours is paid at 1.5 times the rate, subsequent ones at double rates (Article 152 of the Labor Code of the Russian Federation).

Note! All rates/surcharges/increases can be changed by local acts in a direction greater than those established by the Labor Code of the Russian Federation.

Shift work has such specificity that when calculating the amount of hours actually worked, the employee accumulates overtime. In this regard, the employer needs to carefully consider the following points:

he is responsible for accurately recording the overtime of each employee (Part 7, Article 99 of the Labor Code of the Russian Federation);
overtime work should not exceed 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation);
work on weekends and holidays does not qualify as overtime (Part 3 of Article 152 of the Labor Code of the Russian Federation).

To determine the exact amount of payment for overtime work It is recommended to make calculations for this item at the end of the accounting period.

So, rest time with a daily work schedule is lunch breaks, the next few days after work (established by internal labor regulations), and vacation. Saturday, Sunday and holidays that fall during shifts are not considered days off or overtime. In this case, weekends worked according to the schedule and holidays are paid in double amount (or in single amount, provided that the employee is additionally given a day of rest).

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 National economy for a multi-shift operating mode 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. 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 and workers under the age of 18 are not allowed to work at night, with the exception of persons involved in the creation and (or) execution works of art, and other categories of employees 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, upon the conclusion of the VKK 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, and etc.

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

For a number of reasons, work can be carried out not only during the day, but also at night. How, in this case, is the employee paid? We'll talk about this in our consultation.

What is night time

Labor legislation defines that night time is the time from 22 o'clock to 6 o'clock (part 1 of article 96 of the Labor Code of the Russian Federation). In this case, the duration of work (shift) at night is reduced by one hour without further work. This means that if, with an established working time of 40 hours a week (8 hours a day), the work occurred at night, then instead of 8 hours a day the employee must work 7 (for example, from 22 to 5), and the working hours will be be considered fully worked and this lost 1 hour cannot be worked off (Part 2 of Article 96 of the Labor Code of the Russian Federation).

This order does not apply to employees who have been assigned reduced working hours or employees who were specifically hired to work at night.

Who shouldn't work at night

There is another category of workers who can work at night, but only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical certificate. At the same time, these employees must be informed in writing of their right to refuse to work at night (Part 5 of Article 96 of the Labor Code of the Russian Federation):

How to pay for night work

Each hour of night work is paid more than daytime work. The specific amount of the increase is established by a collective agreement, a local regulatory act adopted taking into account the opinion of the trade union, an employment contract and cannot be less than 20% of the hourly tariff rate (salary calculated per hour of work) for each hour of work at night (Article 154 of the Labor Code of the Russian Federation , Decree of the Government of the Russian Federation dated July 22, 2008 No. 554).

At the same time, payment for night hours during a shift work schedule is no different from payment for night hours during a regular schedule: night time is subject to additional payment.

For example, an employee’s salary is set at 75,000 rubles for a five-day working week and normal working hours (40 hours per week). In September, the employee, at the request of the employer, worked additional night time from 22 to 00. The additional payment for night time is set at 20%.

Hence, wage employee for September will be: 76,022.73 = 75,000 rubles (salary for September) + 1,022.73 (additional payment for night hours).

This surcharge was calculated as follows:

75,000 (salary) / 176 (number of “normal” working hours in September to production calendar) * 2 (number of night hours) * 1.2 (hourly rate increased by 20%)