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Night time

"...Night time - time from 22 o'clock to 6 o'clock..."

Source:

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

"...21) night time - the period of time from 22 to 6 o'clock 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 22:00 to 6:00. In accordance with Art. 96 of the Labor Code of the Russian Federation, duration of work (shift) in the new century. is reduced by 1 hour without further processing. The duration of work (shift) in the new century is not reduced. for employees who have a reduced... ... Russian encyclopedia of labor protection

    night time- (for example, from 23.00 to 7.00 hours, in a number of countries from 24.00 to 6.00 hours there are preferential tariffs for electricity consumption) [A.S. Goldberg. English-Russian energy dictionary. 2006] Energy topics in general EN nighttime ... Technical Translator's Guide

    NIGHT TIME- in accordance with the Criminal Procedure Code of the Russian Federation, the time period is from 22:00 to 6:00 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 o'clock to 6 o'clock. The duration of work (shift) at night is reduced by one hour. In Trudovoy... ...Wikipedia

    Night time- time period from 22:00 to 6:00 local time (clause 21, article 5 of the Code of Criminal Procedure of the Russian Federation). Carrying out investigative actions at night is not allowed, except in urgent cases (Part 3 of Article 164 of the Code of Criminal Procedure of the Russian Federation) ... Large legal dictionary

    Night time- from 22 to 6 o'clock local time. Criminal Procedure Code of the RSFSR dated October 27, 1960, Art. 34... Dictionary of legal concepts

    Night time is the period of time from 23 o'clock to 7 o'clock... Source: LAW of the city of Moscow dated July 12, 2002 N 42 ON MAINTENANCE OF CITIZENS' PEACE AND SILENCE AT NIGHT IN THE CITY OF MOSCOW... Official terminology

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

    Night Work Dictionary of business terms

    NIGHT WORK- night time is considered to be the time 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... Encyclopedia of Labor Law

Books

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

According to Article 154 of the Labor Code, the company is obliged to pay for each hour of work at night at an increased rate compared to work under normal conditions. It does not matter whether the employee was hired specifically to work at night or whether this time only accounts for part of the working day, shift, or work outside the normal working hours. The amount of additional payment for night work cannot be lower than that established by labor legislation.

These rules apply to all employees of the company. The remuneration system that is applied to them (time-based, no-tariff, piece-rate commission, etc.) does not matter.

Please note: some categories of employees are not allowed to work at night. These include, in particular, pregnant women, as well as workers under 18 years of age (with the exception of those engaged in the creation and performance of artistic works). A number of employees may be involved in such work only with their written consent. For example, women with children under three years of age, disabled people, single mothers (or fathers) raising children under five years of age, etc. Moreover, they must be informed in writing of their right to refuse such work.

The minimum amount of additional payment for night work is determined by a decree of the Government of the Russian Federation (). It is 20 percent of the hourly rate or salary (calculated in terms of an hour of work) for each hour of work at night. The same document, as well as Article 96 of the Labor Code, determines that night time is considered to be the period from 22:00 to 6:00.

() post. Government of the Russian Federation dated July 22, 2008 No. 554

Let us note that previously, documents regulating labor relations determined a higher amount of additional payment for night work (40% of the hourly tariff rate or salary). We are talking about the resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions dated February 12, 1987 No. 194, which has not currently been canceled. In addition, this document establishes an additional payment for work in the evening (20% of the hourly tariff rate or salary). However, after the release of the aforementioned resolution of the Government of the Russian Federation, these norms actually lost force and cannot currently be applied. This fact was confirmed by the Supreme Court of the Russian Federation (), Rostrud and the Ministry of Health and Social Development of Russia ().

() determination of the RF Armed Forces dated November 12, 2008 No. GKPI08-2113

Expert opinion

Additional payment for work on the night shift is discussed in paragraph 9 of the resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and 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 operating mode in order to increase production efficiency "(hereinafter referred to as Resolution No. 194). According to this document, for each hour of work on the night shift, an additional payment is made in the amount of 40 percent of the hourly rate. Additional payment is made if at least 50 percent of the shift duration is at night.

The issue of the legality of paragraph 9 of Resolution No. 194 was considered in the Supreme Court of the Russian Federation in 2002-2003. Initially, it was declared invalid, but then the Presidium of the RF Armed Forces came to the conclusion that paragraph 9 of Resolution No. 194 complies with the Labor Code. After the Russian Government Resolution No. 554 of July 22, 2008 came into force, the Supreme Court of the Russian Federation again considered the issue of invalidating paragraph 9 of Resolution No. 194. The application was refused. At the same time, the Supreme Court of the Russian Federation noted that Resolution No. 194, in accordance with the legal position of the Constitutional Court of the Russian Federation, expressed in the ruling of November 10, 2002 No. 321-O, lost force with the adoption of a new normative legal act regulating the same issue (determination of the Supreme Court of the Russian Federation dated 12.11 .2008 No. GKPI082113). The Ministry of Health and Social Development of Russia and Rostrud, based on this court ruling, in letter dated October 28, 2009 No. 3201-6-1, noted that there is currently no reason to apply paragraph 9 of Resolution No. 194.

V. Penkin, expert of the Legal Consulting Service GARANT,

A. Kikinskaya, reviewer of the Legal Consulting Service GARANT

The company has the right to determine a larger amount of additional payment than the established minimum. It must be fixed in the employment contract with the employee or in the remuneration regulations adopted by the company ().

() letter from the Ministry of Health and Social Development of Russia and Rostrud dated October 28, 2009 No. 3201-6-1

We would like to add that for some categories of employees, an increased amount of extra pay for working at night is stipulated by the current labor legislation. For example, the minimum amount of additional payment to security guard employees is 35 percent of the hourly tariff rate or salary (based on an hour of work at night) ().

() post. State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 08/06/1990 No. 313/14-9

Typically, employees of enterprises with a continuous production cycle or with a multi-shift operating mode work on the night shift. Regardless of what shift the employee works, additional payment is accrued for each hour of work at night. Therefore, for example, with a continuous production cycle, an additional payment may be accrued to two employees performing the same work at the same workplace.

Example

ZAO Salyut has a five-day, 40-hour work week with two days off (Saturday and Sunday). The company operates three shifts of 8 hours each:

1st shift - from 9:00 to 17:00 (employee Ivanov);

II shift - from 17:00 to 01:00 (employee Petrov);

III shift - from 1:00 to 9:00 (employee Somov).

According to the regulations on remuneration for work at night, an additional payment is charged in the amount of 20% of the tariff rate or salary per hour of work at night. In this case, additional payment for night work is due to Petrov for 3 hours a day and Somov for 5 hours a day.

During the quarter, employees completed their full working hours:

In January - 16 days (128 hours);

In February - 20 days (159 hours);

In March - 21 days (167 hours).

Situation 1

Employees are given an hourly wage rate of 150 rubles/hour.

Ivanov's salary will be:

For January:

150 rub./hour × 128 hours = 19,200 rub.;

For February:

150 rub./hour × 159 hours = 23,850 rub.;

For March:

150 rub./hour × 167 hours = 25,050 rub.

150 rub./hour × 128 hours + 150 rub./hour × 48 hours × 20% = 20,640 rubles;

150 rub./h × 159 h + 150 rub./h × 60 h × 20% = 25,650 rub.;

150 rub./hour × 167 hours + 150 rub./hour × 63 hours × 20% = 26,940 rub.

150 rub./hour × 128 hours + 150 rub./hour × 80 hours × 20% = 21,600 rub.;

150 rub./h × 159 h + 150 rub./h × 100 h × 20% = 26,850 rub.;

150 rub./hour × 167 hours + 150 rub./hour × 105 hours × 20% = 28,200 rub.

Situation 2

Employees are given a salary of 30,000 rubles. Ivanov’s salary for January, February and March will be 30,000 rubles.

Petrov's salary will be:

For January (48 hours of night work):

30,000 rub. + 30,000 rub. : 128 hours × 48 hours × 20% = RUB 32,250;

For February (60 hours of night work):

30,000 rub. + 30,000 rub. : 159 hours × 60 hours × 20% = 32,264 rubles;

For March (63 hours of night work):

30,000 rub. + 30,000 rub. : 167 hours × 63 hours × 20% = 32,263 rub.

Somov's salary will be:

For January (80 hours of night work):

30,000 rub. + 30,000 rub. : 128 hours × 80 hours × 20% = RUB 33,750;

For February (100 hours of night work):

30,000 rub. + 30,000 rub. : 159 hours × 100 hours × 20% = 33,774 rubles;

For March (105 hours of night work):

30,000 rub. + 30,000 rub. : 167 hours × 105 hours × 20% = 33,772 rubles.

Another option is possible, in which the night work of a salaried employee is paid based on his average hourly wage rate and the number of night hours. The hourly tariff rate is determined by dividing the monthly tariff rate (salary) by the average monthly number of working hours per year. For more information about this, see the section “Payment. Registration, accrual, payment" subsection "Certain issues of salary calculation in a time-based (salary) system."

Example

Let's return to the conditions of the previous example (situation 2). Let us assume that the additional payment for night work is determined based on the average hourly wage rate of employees. In this case, Ivanov’s salary for January, February and March will be 30,000 rubles. The number of working hours in the current year is 1986. The average monthly number of working hours will be:

1986 h: 12 months = 165.5 hours

The hourly wage rate for each company employee will be equal to:

30,000 rub. : 165.5 hours = 181.27 rubles/hour.

Petrov's salary will be:

For January (48 hours of night work):

30,000 rub. + 181.27 rub./hour × 48 hours × 20% = 31,740 rub.;

For February (60 hours of night work):

30,000 rub. + 181.27 rub./hour × 60 hours × 20% = 32,175 rub.;

For March (63 hours of night work):

30,000 rub. + 181.27 rub./hour × 63 hours × 20% = 32,284 rub.

Somov's salary will be:

For January (80 hours of night work):

30,000 rub. + 181.27 rub./hour × 80 hours × 20% = 32,900 rub.;

For February (100 hours of night work):

30,000 rub. + 181.27 rub./hour × 100 hours × 20% = 33,625 rub.;

For March (105 hours of night work):

30,000 rub. + 181.27 rub./hour × 105 hours × 20% = 33,807 rub.

Unfortunately, the legislation does not contain an answer to the question of how to pay night shift workers. Although the fact that they must be paid at an increased rate is beyond doubt. The corresponding requirement of the Labor Code does not contain any exceptions to this rule.

In our opinion, there are two possible options here. The simplest is payment for products manufactured at night at increased piece rates (for example, increased by 20 percent or more). This method is acceptable if a particular type of finished product can be produced within an hour. However, a worker can work at night, and the finished product will be produced either the next day or after a certain period of time (for example, after 2 or 3 days). In this situation, the additional payment for night work hours can be calculated as follows:

Example

Ivanov, a worker at ZAO Salyut, works on a piece-rate payment system. According to the wage regulations adopted by the company, night work is paid at an increased rate. The increase factor is 1.2 (or 20%).

Situation 1

The piece rate is 80 rubles. per unit of finished product, production rate - 3 units/hour. In January, Ivanov produced 360 units of finished products during the day and 18 units at night. His salary for January will be:

360 units × 80 rub./unit + 18 units × 80 rub./unit × 1.2 = 30,528 rub.

Situation 2

The piece rate is 4,000 rubles. per unit of finished product. At the same time, in January Ivanov produced 6 units of finished products.

The number of hours worked by Ivanov in January is 120. The number of hours worked by Ivanov at night is 20.

For manufactured products, Ivanov should be credited with:

6 units × 4000 rub. = 24,000 rub.

For night work he is paid an additional payment in the amount of:

6 units × 4000 rub. : 120 hours × 20 hours × 20% = 800 rub.

Ivanov’s total salary will be:

24,000 + 800 = 24,800 rub.

Based on materials from the reference book

About working at night

The essence of night work is revealed 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 length of a working day with a 6-day 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 only applies 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 who have medical contraindications, documented;
  • other persons mentioned in this regard in the Labor Code (other regulatory 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 by local acts of the employer, as well as a collective/labor agreement. The conclusion of contracts with them is carried out according to the list of jobs/professions/positions approved by the 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 sets out a condition regarding work at night, which must be paid in a larger amount 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 the employee’s official salary, and each night hour worked by the employee is taken into account in the calculation.

It is important to understand that at the government level only the minimum amount of additional payments for night work is provided. As for its maximum level, 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 some categories of the working population, whose wages are paid from state/municipal budgetary 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:

  1. 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.
  2. If the work is aimed at eliminating the consequences caused by natural disasters.
  3. If the work is carried out due to a high degree of public utility (this refers to work on the restoration or repair of heating and electrical networks, drainage systems, gas and water supply, communications, etc.).
  4. If the performance of work by an individual employee is necessitated by the introduction of a martial law/emergency situation in his territory of residence, provided that these works are classified as urgent. In particular, we are talking about the existing real threat of any disaster (earthquake, fire, famine, flood, epidemic, etc.) or cases when any of the above has already happened and poses a threat to the health and life of the population living in a given territory (including a separate military unit).

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

  1. 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 the technical features of production. In particular, if failure to perform the 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 life/health citizens.
  2. 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.
  3. 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.

We also note that the total number of overtime hours worked, according to 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 established a certain working regime, i.e., the working time during which they must remain at their workplaces must be determined.

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

Don't know your rights?

Senior engineer

Bykova Olga Pavlovna

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

Moscow, --.--.---- years

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, 20__, 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 the appointed time to formalize consent and record the fact of notification of the possibility of refusing 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, 20__.

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 work on the night shift looks like this:

LLC "TULPAN"

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

Moscow city, --.--.----of the year

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, 20__ 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. This fact can be confirmed or refuted only with the help of appropriate medical certificates, but 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 of a medical certificate proving the impossibility of being hired 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).

Even more materials on the topic in the section: "Work".

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; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers 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 of the 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.

Procedure for night work of creative workers of the 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, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Comments to Art. 96 Labor Code of the Russian Federation


1. Night work has an adverse effect on human health, therefore a number of ILO recommendations call for its limitation.

To mitigate the unfavorable factors of working at night (from 10 p.m. to 6 a.m.), the commented article establishes a rule according to which, when working at night, the duration of the shift is reduced by 1 hour. A night shift is considered to be one in which at least half of the work time is at night. . Night work is paid at an increased rate (Article 154 of the Labor Code).

The duration of work at night can be equalized with work during the day only in cases where this is caused by production conditions (for example, in shift work with a 6-day working week; in continuous production, etc.).

The duration of night work is not reduced for employees for whom a reduced maximum working time limit has been established.

2. According to Part 3 of the commented article, the duration of night work is not reduced even if the employee is hired specifically for night work. Thus, the duration of night work for a night watchman is calculated based on a 40-hour work week. Consequently, the weekly norm of working hours does not decrease. Therefore, the shift schedule must ensure a 40-hour work week.

3. The commented article contains only an approximate list of workers who cannot be allowed to work at night. In addition to the categories of workers named in the article, pregnant women, workers with tuberculosis (according to the conclusion of the medical commission), and other categories of workers are exempt from night work. In accordance with labor legislation or on the basis of a collective agreement, fathers, guardians and trustees raising children without a mother, and some other employees, are exempt from night work.

4. Employees’ refusal to work at night cannot be considered a violation of labor duties. The inadmissibility of engaging these categories of workers to work at night also applies to those cases where only part of the shift occurs at night.

5. Work at night is paid in an increased amount established by the collective agreement (regulations on remuneration) of the organization, but not lower than provided by law.

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.

ILO Recommendation No. 178 provides that, at any time during pregnancy, as soon as this becomes known, women workers engaged in night work shall, upon request, be assigned to day work if practicable.

In cases of shift work, the special circumstances of workers with family responsibilities, workers undergoing vocational training and older workers should be taken into account when deciding on the composition of night shifts.

Labor law is a very relevant area in the legal system; 90% of people encounter it. Knowing all the nuances and features is very difficult, and keeping them in your head is even harder. Questions about payment for additional hours of work or those related to the night period have always been of interest to many workers. After reading the provisions of the law, some questions remain open, because the article of the Code cannot cover all situations and details. Let's figure out how night hours are paid, what the minimum amounts are, who sets their boundaries, and what it is all about.

watch?

In order to answer this question, you need to refer to Article 96 of the Labor Code, which deals with work at night. Part one talks about what hour night time begins and when it ends. The time frame is formed from 22:00 to 6:00 am. In this case, the duration of the shift should be reduced by 1 hour. Work off and debts to the employer are excluded. The duration of the shift should not be reduced if this is established by the contract, if the shift is already shortened, or if the employee is hired for night work, that is, all his shifts are night shifts without going to work during the day.

Positive and negative aspects for the employee

Such a phenomenon as working at night has its disadvantages and advantages in comparison with the general order. The advantages, of course, include an increased rate and an increase in salary, a free day during which you can devote yourself to children, family, other matters, and there is the opportunity to combine it with another job. At night, contact with management is minimized; it is unlikely that the boss will go at night to check the quality of the work being performed.

At the same time, there are significant disadvantages that the employee must also take into account. Firstly, this is a violation of the sleep schedule, which means problems with health and condition. Different work schedules for members of the same family give rise to problems in communication, communication and joint household management. And of course, unproductivity after a night shift during the day. This provision especially applies to situations where the employee performs heavy physical labor. The body's strength will be exhausted, the mood will deteriorate, and productivity during the day will be reduced to zero.

Who cannot be involved in night work?

To answer the question of how night hours are paid, you need to understand in detail what it is and what exceptions there are. If we have decided on the concept, we have not previously mentioned exceptions. There are categories of people who, under no circumstances, can be employed at night:

  1. Women who are expecting a child - pregnant women are strictly prohibited from working at night, regardless of how pregnant they are.
  2. Minor workers - children need full and healthy sleep for normal development, which is why they are also prohibited from working at night at the legislative level.

These categories may be involved in night working hours only if they are involved in the development or production of artistic works. In this case, the consent of the employee is considered a mandatory condition.

Night work with consent

In addition to these categories of workers, there are those who can be brought to work only with consent. It must be recorded in writing; this is a requirement of the law, the violation of which is unacceptable. These categories include the following groups of people:

  1. Women who have children under 3 years of age in their care.
  2. People with disabilities are disabled people.
  3. Employees who have children with disabilities. At the same time, we are talking not only about women, but also about men.
  4. Employees who have certain family obligations - caring for sick or infirm relatives.
  5. Workers who raise children under 5 years of age on their own, that is, without a spouse. here again we are talking about both men and women.
  6. People who have children under 5 years of age under their care. The emphasis is on guardianship, meaning individuals must be guardians.

When employing representatives of such categories of the population, the employer must take into account the health and capabilities of people. If there are contraindications or work restrictions, it is not advisable to involve such people.

Right of refusal

An important nuance is the employee’s right to refuse to perform this type of work. The employer is obliged to explain to the ward why he can refuse to go to work between 10 p.m. and 6 p.m. As a result, the employee draws a conclusion and makes a decision. He must confirm in writing that he agrees to the job and does not use the right of refusal.

The Supreme Court has repeatedly indicated in its decisions that refusal to work at night is not a misdemeanor, it is a lawful choice of a person. That is why the employer has no right to bring disciplinary action, impose a fine, deprive a bonus, reprimand or do anything else.

General rule for additional remuneration

How are night hours paid? Due to the fact that night work is more difficult than day work, as well as the fact that it affects the health of citizens, the legislator has established additional payments for those who go to work at night. In general, it is regulated by a collective agreement that is valid in a certain area, or taking into account the opinion of the employee. Article 154 only specifies the minimum threshold for additional payment, indicating that the employer cannot establish payments below this threshold. The minimum wage increase is 20% of the hourly wage for each hour. That is, the amount of wages during the daytime per hour is taken, 20% is calculated and added to the original amount of payment.

Increasing the amount of additional payments

We have established how night hours are paid according to the general rule, but does it apply on the territory of the Russian Federation or are the standards higher? Carrying out an analysis of modern statements, we can say that the practice has developed of increasing the threshold for additional payments from 20 to 40%. Most employers pay extra for night shifts at exactly this rate, but let us remind you that this is not established by the Labor Code. Experts and scientists emphasize that payment for night hours under the Labor Code is minimal, and no maximum amounts are established. That is, the legislator gives this right to local, local levels. Often this issue is discussed when concluding an employment contract or collective agreement.

On the territory of the USSR, there was a decree that established, on the contrary, the maximum amount of additional pay for night shifts. In the modern world, the legislator has taken a different path and sets only a minimum size, while the maximum can reach 100%, it all depends on the agreement between the employer and the employee or on a local act.

The practice of national football associations, FIFA subsidiaries, and the Federal Football Union is interesting. All work activities of these enterprises were concentrated on holding the Confederations Cup, which took place in 2017, and the FIFA World Cup in 2018. In this area, the specific amount of wages for night shifts was established by a collective agreement. This is primarily due to the fact that this field of activity has its own details and nuances that simply cannot be reflected in the Code or other law. To this end, many areas and areas of work actively operate their own local acts.

Shift work

In practice, working conditions such as a shift schedule with night hours are often encountered. How to calculate the amount of payment in this case? As we noted earlier, surcharges are calculated separately for each hour and then summed up. This system is not so convenient when it comes to professions in which the employee regularly or constantly works at night. For example, guards are paid for night hours using a tariff rate per shift, which already takes into account night work and also fixes the amount of payment.

What is a report card?

When planning the duration and remuneration of an employee, the employer is required to keep special records. This obligation is imposed on him by law in Article 91. There are several forms of timesheets, the most common of which are those that record the length of the working day and the amount of wages. Such time sheets must be maintained by individual entrepreneurs, government organizations or any other enterprises. The time sheet separately notes each day that the employee worked, and at the end of the month everything is summed up and wages are paid.

Entering data

The night hours on the timesheet have their own characteristics. The duration of work during a given period of time is noted in the report card with the code “H”, otherwise it can be designated by the numbers “02”. The line is marked with these indicators, and below is recorded the number of hours that the employee works on a certain day. In this case, not only hours, but also minutes are indicated. There may be cases when a person has exceeded his daily quota and only spends 1.5 hours at night, then they should be noted on the report card. At the end of the month, a settlement occurs and the amount of the surcharge is calculated.

Night shifts and holidays, weekends

The rates of payment for night working hours and weekends and holidays have some differences, so let's figure out what to do if these categories coincide. The key word in holidays and weekends is day, that is, this tariff pays for daytime hours from 6 a.m. to 00 a.m. Time from 00 to 6 a.m. is charged at the night rate. These calculations are very important, because for going to work on a day off, the rate increases from 20% to 100% plus the original cost.

Night hours in 24-hour businesses

In the modern world, 24-hour stores are increasingly opening, operating 24 hours a day, 7 days a week. At the same time, an employer who hires an employee to work in such a store must know how night hours are paid. In this case, it is advisable to apply the tariff rule, that is, set a separate fee for the night shift in advance. This is convenient primarily because the duration of the shifts is always fixed, and you will not need to constantly calculate the number of hours and the rate. It is necessary to set the tariff in advance and include all the data in the time sheet, which we mentioned earlier. This is the peculiarity of wages in a convenience store. This applies not only to the latter, but also to any enterprise that operates both at night and during the day.

It is necessary to distinguish between multi-shift and few-shift modes. The latter includes situations where an employee’s working day is divided into evening and daytime, daily duty is one-time, occasional trips to work, regardless of the time of day. The first type includes constant work on the night shift.

Examples of calculations

In order to understand in practice how night shifts are paid under the Labor Code, we will give one example.

An employee’s salary for a month of work is exactly 75,000 rubles. At the same time, he works 5 days a week, spending no more than 8 hours at work every day. First of all, we calculate how many hours per week the employee works. Multiply 8 and 5, we get 40 hours a week.

The following situation occurs. In September, the employee began working at night at the request of the manager. He worked until 00 o'clock once during the month. According to the production calendar, the normal duration of work per month is 176 hours. We divide the salary by the number of hours and get the amount of payment per hour - 426.14 rubles. We calculate a 20% premium and get 85.22 rubles. Let's sum it up - it comes out to 511.4 rubles. We multiply by 2 and get the amount of the increase to the monthly salary - 1,022.73 rubles.