Night shift time. Rest time for daily work according to the labor code. There are also disadvantages to night work

Quite a large number of people work at night, ranging from continuous production workers to security guards and truck drivers.

We will try to familiarize ourselves with some aspects of work at this time of day in this article.

Regulations under the Labor Code of the Russian Federation

Article 96 of the Labor Code states: labor activity from 22:00 to 6:00- work at night. A person, registering for an activity that involves night shifts, signs his consent to go out during this period. The Labor Code explains the duration of such work: The length of the night shift is one hour shorter than at other times of the day.

However, in some cases there is no reduction in the duration of the shift.

Here's what the code explains: the duration of work at night is equal to its duration during the day on a shift schedule of a six-day week with one day off. The Labor Code does not name a list of such work, explaining that this may be stipulated by enterprises and regulatory documents of local importance.

It is also clarified that the period of work at night is not reduced for those workers whose shift length has already been reduced, and for persons hired to work at night.

You can learn some of the nuances of such activities and recording working hours from the following video:

How is it paid?

Article 154 of the Labor Code of the Russian Federation explains that the work of a person engaged in the labor process from 22 to 6 hours must be paid in an amount increased compared to the day shift. The exact amount of the additional payment is stipulated in the collective or employment contract. Remuneration for activities during a given period cannot be less than the minimum increase in pay for night work established by the Russian Government.

The government sets this minimum amount, taking into account the proposals of the Tripartite Commission for the regulation of social and labor relations.

The document regulating this minimum is the Decree of the Government of the Russian Federation No. 554 of July 22, 2008, which states: The minimum additional payment is 20% of the hourly rate or salary per hour. But the upper limit is not established by law, that is, the organization can choose how much to increase the payment for work at night.

The decision to increase must be recorded in the collective agreement in force at the enterprise and in the labor agreement concluded with the contractor. The employer, when signing the amount of additional payment for such work, becomes familiar with the position of the representative body of the team.

35% Employees receive additional payments:

railway transport and metro;
river shipping company;
trade and catering;
motor transport (where there is no shift work);
fire, paramilitary and security guards.

50% receive additional payments:

workers producing pasta.

75% employees are paid extra:

yeast factories (with shift or continuous labor organization);
textile workers;
plywood production.

100% receive additional payments:

workers in the baking, flour and cereal industries.

Calculation for hourly wages

Compensation for night work in this case is usually calculated as follows. If an employee receives 100 rubles for an hour worked during the daytime, then 20% is added to the specified amount for an hour worked during the night period. That is, an hour now costs 120 rubles, and an eight-hour shift costs 960 rubles (the entire additional payment per night is 160 rubles).

Calculation for salary scheme

Let’s assume that an employee is registered with a salary of 20 thousand rubles. In the billing month, he has 22 shifts lasting 8 hours, of which six shifts are night shifts. Average daily earnings will be:

20,000 / 22 = 909.1 rubles.

909.1 x 20% = 181.82 rubles.

Total surcharge amount:

181.82 x 6 = 1090.92 rubles.

Considering that the number of night shifts may vary each month, the additional payment also varies.

It happens that night work overlaps with a holiday. How is the work shift paid in this case? The Labor Code of the Russian Federation explains that a person working on a holiday, which is a non-working day, will receive a summed additional payment - for work both and at night. The result is: the basic rate + an additional payment of at least a single rate for hours that fall on a holiday + an additional payment for each hour of work at night.

Compensation for night work is the employer's duty. If the employer does not pay for such activities, then the worker appeals to the trade union organization, and if this does not help, then he goes to court to protect his interests.

Who is not allowed to see it?

The specificity of such work is that there is a circle of people who, in accordance with the law, are not allowed to do it.

Working at night is not allowed:

pregnant women;
persons under the age of majority (with the exception of creators or performers of artistic works).

Some types of workers may be allowed to perform such work only with their written consent and only if they have no contraindications due to their health condition.

The Labor Code states that an employee must be familiarized, in writing, with the right to refuse a night shift:

women raising children under three years of age;
disabled people, parents of disabled children, employees caring for sick relatives, if there is a medical certificate indicating the need for supervision;
one of the parents raising a child or several children under five years of age without a spouse, guardians of children under five years of age.

Procedure for attraction

When transferring people to shift work, during which they also have to work at night, the employer is obliged to notify them about this no later than a month before the start of a new schedule (the employer should take into account the opinion of the representative body of the enterprise staff).

When inviting employees to work at night, management sometimes encounters problems, the resolution of which is not always specified in labor law. For example, when applying for a job, an applicant is not required to present a medical report. If the employer is going to transfer him to the night shift, the employee, having presented a conclusion about the presence of restrictions for work during this period, can simply refuse such a schedule without violating the law.

According to the international classification, the term “night work” means any work that is carried out for a period of at least 7 consecutive hours, including the period between midnight and 5 a.m.*.

Part one of Article 96 of the Labor Code of the Russian Federation provides for a clearer framework for night time - this is the period from 22 o'clock to 6 o'clock.

The main motive that guides the employer when attracting workers to work at night is the desire to achieve high economic results: production growth, increasing its efficiency, increasing production potential, reducing the need for capital investments, etc.

From the point of view of capacity utilization, the employer needs the physical wear and tear of the equipment used to prevail over its obsolescence.

In addition, the use of night work may be determined by other reasons: for example, the need to ensure a continuous production process, when technology does not allow the employer to stop production at night (for example, servicing a blast furnace), the duration of the production process exceeding the daily work rate, the need to ensure the protection of the employer’s property , mandatory round-the-clock monitoring of equipment operation, etc.

Thus, in most cases, the goals of introducing night work have their justification. However, since the endurance of the human body is still not comparable to the wear resistance of equipment, and also due to social, ethical and other aspects, at the legislative level there are restrictions on the will of the employer to use night work of workers.

Let us consider these restrictions in detail.

* Article 1 of the ILO Night Work Convention No. 171 of June 26, 1990.

Organization of work of workers at night

First of all, the legislator outlined the boundaries of night time, defining in part one of Article 96 of the Labor Code of the Russian Federation that night time is considered to be the time from

22 hours to 6 hours (i.e., as in ILO Convention No. 171 of June 26, 1990).

In addition, part of the second named article of the Code establishes a rule according to which the duration of work (shift) at night is reduced by 1 hour without additional work in order to exclude cases of forcing workers to work a “night” hour (by which the night shift was reduced) on the next day shift.

This approach is explained primarily by biological reasons: the night shift is the most difficult in terms of physiological adaptation, sleep and well-being. During the night shift, the number of errors when performing work especially increases, and fatigue accumulates.

Research suggests that after several night shifts in a row, sleep debt tends to accumulate, affecting work productivity and increasing the likelihood of an accident. Also, according to research, the number of pronounced “larks” and “night owls” is only 5% of the population. Most workers need more than 1 week for their bodies to fully get used to night work. Any partial habituation is lost on the days off following the night shift. Thus, the biorhythms of permanent night workers are always in a state of disruption*.

*Peter Knauth. Duration of work // Encyclopedia of occupational safety and health. T. 2. - International Labor Office, Ministry of Health and Social Development of Russia, 2001. - P. 309.

That is why the legislator reduced the duration of work (shift) at night by 1 hour - in order to improve the tolerance of night work - and prohibited its working.

An exception is made for employees who have already been assigned a reduced working time (for example, employees engaged in work with harmful and (or) dangerous working conditions, etc.), as well as employees who are hired specifically to work at night (part three of Article 96 Labor Code of the Russian Federation). For these employees, night work is not reduced, unless otherwise provided by the collective agreement.

According to part four of Article 96 of the Labor Code of the Russian Federation, 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.

For workers in some industries, the legislation provides for clarification of the above rule, in particular, the Regulations on the peculiarities of the working time and rest time for communication workers with a special nature of work, approved by Order of the Ministry of Communications of Russia dated 09/08/2003 No. 112, it is established that with continuous round-the-clock operation of communication means, the duration work at night is equalized with the duration of work during the day, when necessary under working conditions.

As follows from the Decree of the Council of Ministers of the USSR dated 02.12.1987 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”, applied to the extent that does not contradict the Labor Code of the Russian Federation, the introduction of the specified regime, in which work (shift) at night is reduced by 1 hour, is carried out by the organization without reducing targets for production volume and labor productivity. That is, in this case, the employer himself should be interested in providing the most favorable conditions for highly productive work and proper rest for employees.

In order to fully utilize the potential of the personnel, it is necessary to begin to resolve all related production and social issues already at the stage of planning the transfer of production to a multi-shift operating mode.

When redistributing workers among shifts, the suggestions and wishes of the team should be taken into account to the maximum extent possible, using surveys, questionnaires and other forms of identifying public opinion. World practice follows the same path: before introducing work schedules that require the use of night work, the entrepreneur consults with representatives of interested workers regarding the specific content of such schedules and forms of organization of work at night that are most suitable for the enterprise and its personnel, as well as regarding necessary measures for occupational health and social services*. Exactly

* Article 10 of the ILO Night Work Convention No. 171 of 26 June 1990.

Article 103 (part three) of the Labor Code of the Russian Federation directly instructs the employer to take into account the opinion of the representative body of employees when drawing up shift schedules. In this case, shift schedules, as a rule, are an annex to the collective agreement.

Night work can have a negative impact on family life, social participation and social contacts. The depth of the problems may depend on many factors, such as: the type of shift system, gender, age, marital status, family composition of the employee, etc. Compared to other shift systems, permanent night shifts have the most negative effect on family members who must adjust their lifestyle under this schedule, on the employee’s ability to fulfill his family functions. However, some workers see some benefits to working at night. Thus, on the night shift, workers usually feel more independence due to the weakening of control from their superiors. In addition, the night shift can also be chosen for economic reasons - working at night means an increase in income due to increased pay for night hours.

At the same time, when deciding on the composition of night shifts, one should not only be guided by considerations of the expediency of using certain workers, but also take into account the characteristics of the work of workers with family responsibilities and other categories of workers that the legislator has established in the relevant articles of the Labor Code of the Russian Federation.

Thus, according to part five of Article 96 of the Labor Code of the Russian Federation, the following are not allowed to work at night:

Pregnant women;

Workers under the age of 18 (except for persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with the Labor Code of the Russian Federation and other federal laws).

These restrictions are caused by the psycho-physiological and age-related characteristics of these categories of workers, and the establishment of prohibitions is the implementation of state policy to protect motherhood and childhood, and ensure the health of young people.

The legislator also established certain protection from arbitrary involvement in night work in relation to other categories of workers listed in the same norm of the Labor Code of the Russian Federation (part five of Article 96):

Women with children under 3 years of age;

Disabled people;

Employees with disabled children;

Workers caring for sick members of their families in accordance with a medical report;

Mothers and fathers raising children under 5 years of age without a spouse, as well as guardians of children of this age.

The listed workers may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. This is explained by the fact that when caring for a child or other family member, such workers, due to objective circumstances, have a reduction in the amount of free time and sleep duration. In order to create favorable conditions that allow them to combine work with social life, labor legislation grants them the right to work at night at their own discretion.

As for disabled people, their right to choose a night work schedule is also limited by their state of health. However, not every disability prevents normal work at night; for example, this, as a rule, is not prevented by dysfunction of the organs of vision and hearing, and in some cases, the musculoskeletal system. In addition, there are many jobs that require less physical and emotional stress from the worker when performed at night. Therefore, the ban applies only to disabled people who have medical contraindications, and the involvement of disabled people who do not have medical contraindications to work at night is subject to their written consent.

According to part five of Article 96 of the Labor Code of the Russian Federation, when deciding whether to engage them in night work, the above-mentioned workers must be informed in writing of their right to refuse to work at night. These requirements predetermine a special approach to formalizing the involvement of these categories of workers. The most common form is receiving a statement of consent from the employee

to work at night. Such an application can be drawn up in any form or on a stencil form developed by the personnel service. A number of organizations practice the preparation of documents called “Consent to work at night.”

The name of this document is not of fundamental importance - it is important that it contains the employee’s express consent to perform his work duties at night, an indication of the absence of medical contraindications and confirmation that the employee was familiar with his right to refuse work at night (an example of this document is given in the section “BOOM GI” on page 73). It appears that the employer must request such consent in each case where he intends to involve the employee in night work, and also inform the employee in writing of his right to refuse night work (an example form of such consent is given in the “PAPERS” section). - page 74).

This method is acceptable for registering the involvement of employees already working in the organization to work at night (for example, when assigning an employee to the night shift, etc.).

Due to the fact that part five of Article 96 of the Labor Code of the Russian Federation provides for obtaining the employee’s consent for any work at night, it seems that this rule also applies when hiring an employee specifically for work at night. In this case, the relationship is formalized in a different way. First of all, the condition for working at night must be included directly in the employment contract as a feature of the work and rest regime, which, according to part two of Article 57 of the Labor Code of the Russian Federation, must be reflected in the contract as a mandatory condition if this regime differs from the general rules, valid for this employer.

The employee’s consent can also be expressed in a separate document (for example, a job application), the details of which, together with the details of a medical report indicating that night work is not prohibited for the employee for health reasons, are indicated in the employment contract.

In practice, certain difficulties arise when deciding whether an employer can engage an employee to work at night, based on his verbal communication that night work is not prohibited for him for health reasons. Based on the fact that the legislator formulated it in

As a separate but indispensable condition for engaging in night work, the employer must not rely on the employee’s words and, together with the employee’s statement of consent to work at night, ask the latter to submit a medical report from which it would follow that there are contraindications for working at night. night time is not available.

Part six of Article 96 of the Labor Code of the Russian Federation provides for the possibility of deviation from the generally established rules in relation to creative and other categories of workers: according to this norm, the procedure for working at night for creative workers of the media, cinematography organizations, television and video film crews, theaters, theater 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, may be established collectively agreement, local regulatory act, employment contract.

List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of their labor activity are established by Trudov Code of the Russian Federation, approved by Decree of the Government of the Russian Federation dated April 28, 2007 No. 252 (listed in the “PAPERS” section - page 75).

With regard to other workers, it should be borne in mind that if the work and rest regime established for them does not involve night work, then such workers must be recruited to work at night according to the rules provided for in Article 721 of the Labor Code of the Russian Federation ( individual cases) or Article 74 of the Code (for example, the introduction of a shift regime that includes night work).

When choosing a shift system (schedule development), you should be guided by the following provisions. It is recommended that the transition from one shift to another be carried out regularly after a certain number of working days in accordance with the shift schedule. In this case, a direct (day, evening, night, afternoon, evening, etc. “in a circle”) order of alternating shifts or a reverse order (day, night, evening, day, night, etc.) is allowed. Intersectoral recommendations for the development of rational work and rest regimes, approved by the USSR Ministry of Health*, recognize the direct order of alternating shifts (day, evening, night, day, evening, etc.) as more preferable, since it corresponds to the natural circadian rhythm of natural human processes. In any case, preference should be given to rotating shifts rather than constant night work.

It is also worth considering how to reduce the amount of night work and its negative impact on workers, for example, by:

Reducing individual unusual work hours;

Reducing the unnecessary part of night work (some activities can be transferred to the morning or evening when revising the production process and technology);

Using a mixed shift schedule (for example, at least 1 month a year without shift work);

Transition from a 2-shift system to a 3-shift system or from a 3-shift system to a 4-shift system;

Introduction of additional shift teams; etc.

When deciding issues of organizing the work of workers at night, when drawing up shift schedules, you should also remember the requirements of Article 103

Labor Code of the Russian Federation, which establishes, among other things, a ban on working two shifts in a row (part five), and the employer’s obligation to bring shift schedules to the attention of employees no later than 1 month before they come into effect (part four).

* Moscow, publishing house "Economy", 1975.

Providing conditions for rest, food and travel for workers.

Night shifts must necessarily provide for breaks in work (this follows from Article 100 of the Labor Code of the Russian Federation), despite the fact that some employers consider such breaks to be a “non-productive interruption of working time.”

Work and rest time during a shift should be in an optimal ratio to minimize fatigue. We must not forget about the social aspect of the rest period (meaning communication between employees).

The schedule and total duration of breaks should take into account the load that workers bear due to the nature of night work. A break is also needed for meals, for which the employer should take care of organizing hot meals for employees, establishing convenient operating hours for canteens and buffets at work, or coordinating the break time with the operating hours of third-party catering establishments.

It must be taken into account that working at night leads to a change in the sequence of eating hours (at night the stomach cannot cope with the composition and quality of typical daytime food). Therefore, during night work, it is recommended to set the main meal time before 1.00 am. This food should

be rich in proteins rather than carbohydrates and low in fat. Around 4:00-4:15, nutrition experts advise snacking on fresh fruit or dairy products*.

*Peter Knauth. Duration of work // Encyclopedia of occupational safety and health. T. 2. - International Labor Office, Ministry of Labor and Social Development of the Russian Federation, 2001. - P. 317.

It is common knowledge that productivity on the night shift decreases if the work consists of boring, repetitive, monotonous tasks. Therefore, you should try to provide a break in the production process for physical exercise, which will increase the tolerance of night work.

When introducing night work, the employer should also take into account social and domestic factors and carry out a number of the following organizational measures:

Coordinate the beginning and end of night shifts with the schedules and routes of public ground passenger transport in order to create maximum convenience for workers working at night;

Take measures to limit or reduce the length of time spent by night workers traveling from their place of work to their place of residence, as well as eliminate or reduce additional costs associated with their travel, and improve their safety when traveling at night;

Provide collective means of transport for persons working at night, if public transport is not functioning at this time of day;

Provide adequate compensation for additional overnight travel costs.

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

Labor Code on night work

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

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

pregnant women;
under 18 years of age.

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

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

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

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

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

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

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

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

Duration of night shifts

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

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

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

Additionally

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

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

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

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

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

Payment for work at night

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

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

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

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

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

How is hourly wages determined?

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

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

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

What categories of workers are legally prescribed a different surcharge?

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

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

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

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

Ask your question and get free legal advice

Article 96 of the Labor Code of the Russian Federation determines the period of night work - from 22.00 on one day to 6.00 on another day. When a newly hired employee enters into an employment agreement, he signs his consent to work at night - when his position requires it. In the article we will tell you how to calculate night hours from your salary and give examples with postings.

Legislation on night allowances

According to Art. 154 of the Labor Code of the Russian Federation, a person who works at night must receive additional money for each hour he works. This norm specifies Government Resolution No. 554 of July 22, 2008, which prescribes a minimum additional payment to the hourly rate or to the hourly rate of salary - 20%.

This limit represents a lower threshold, while an upper one is not established. If the employer intends to make the amount of the surcharge exceeding 20%, then he is obliged to reflect it in one of the following documents:

Collective agreement.
Fixed-term (indefinite) employment contract.
Regulatory document of a specific enterprise.

Important! Almost all documentation specifying the conditions and amount of additional payment for night work relates to the time of the existence of the Soviet Union, but it is still valid today.

An increased surcharge for such documents is provided for in the following productions.

Type of enterprises	Surcharge as a percentage
Fire protection	35%
Paramilitary security	35%
Sentry security	35%
Yeast factory	35%
Textile production	75%
Bakery	100%
Production of cereals and flour	100%

Additional payments to guards for overtime work

Article 154 of the Labor Code of the Russian Federation does not have exceptions for the obligations of managers regarding bonuses to workers who, based on the nature of their activities, are hired specifically to work at night. As can be seen from the table above, watchmen (security guards) are paid an additional fee for night work, which cannot be less than 35% of the salary (tariff paid for 1 hour).

It is not possible to include an allowance in a watchman's salary. This follows from the instructions of Art. 154 of the Labor Code states that upon admission to a position, the previously mentioned documents must necessarily indicate the exact indicator of the increase in pay for night work. Therefore, when this bonus “sits” in the watchman’s salary, it cannot be specified.

Example 1. A security guard at the private security company “Shield and Sword” worked 150 hours in a month. Of these, 50 are at night. Additional payment for night trips is 35% of the hourly rate (50 rubles).

Accruals according to the norm: 50 rubles. x 150 hours = 7500 rub.
Supplement per night: 50 rub. x 50 hours x 35% = 875 rub.
Monthly salary: 7500 + 875 = 8375 rubles.

Important! The law requires that precise supplement parameters be provided to employees who operate at night.

Supplements on holidays and weekends

Art. 153 of the Labor Code prescribes that for activities carried out on holidays, salaried employees must pay:

no less than 1 higher than the salary rate (daily, hourly), when the work fits into the monthly standard;
at least 2, if the standard time per month allotted by law for work was exceeded.

When night work occurs on a holiday, management must give double guarantees of payment. Namely:

twenty percent minimum surcharge;
double or triple payment (depending on meeting or exceeding work standards).

How to reflect additional payments for night time in the staffing table

The staffing table is drawn up in accordance with the T-3 form, which provides columns six to eight inclusive - “Allowances”. In accordance with the filling procedure, they indicate payments related to compensation and incentives. This:

Awards.
Allowances.
Additional payments.
Incentives.

Such payments may be:

specified by law (allowances for academic degrees, for work in the northern regions);
appointed by the head of the company (due to certain conditions or a special schedule).

According to Art. 149 of the Labor Code, night activities require payments, but not bonuses. The legislation considers “night” additional payments along with the payment of overtime, days off, and part-time pay, which it does not classify as allowances. And they are not provided for in the staffing table.

Article 154 also does not characterize increased pay for night work as an allowance, like the government decree mentioned above. However, Article 129, which deciphers the concepts of payments related to compensation, says that they include, in particular, additional payments and allowances for work in conditions that do not correspond to the norm.

Working at night may be considered deviant. From this it follows that their payment, recorded in the staffing table as a type of allowance, does not conflict with the law.

You can also apply different logic than the one outlined. It follows from it that since the staffing table is a local regulatory act, and increased payments for night hours, according to Article 154 of the Labor Code, can be indicated in such documents, a special article can be included in it, for example, “night extra payments.”

Reflection of night hours in the time sheet

The time sheet is kept in the T-12 form - manually, automatically. The instructions for filling it out require you to indicate the hours worked day and night. Hours related to night work are reflected in column 29. Column 31 shows the number of night shifts per month.

When work begins at night and ends in the morning (or vice versa), the number of hours is indicated by a fraction. Another option can be provided: add an additional line to the timesheet. Conventions regarding day and night hours:

All night hours noted on the timesheet are summed up at the end of the month. Activities that take place at night are documented in accordance with the forms established in a particular company.

Night hours during a business trip

There are options when a seconded employee is forced to perform his duties at night. For the travel time of TC in st. 167 guarantees the accrual of average earnings. The code does not comment on combining it with night activities. It is advisable to refer to the current document of the Soviet period - the joint instruction of the Ministry of Finance and the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated 04/07/1998 No. 62 “On official business trips within the USSR.”

This document states that if a representative of an organization is sent on a business trip specifically to complete it on weekends or holidays, then they must be paid in an increased amount. Art. 149 of the Labor Code, among the conditions that differ from the norm, considers night work and work on weekends and holidays. If we take into account this fact and the logic of the specified instructions, we can come to the conclusion that when working at night during business trips, the employer must make an additional payment.

For this purpose, the traveler must submit a document indicating the fact of night work and the number of hours worked. It can be issued by the organization where the employee was sent. It would be logical to calculate the additional payment, taking into account the average earnings. Due to the fact that there is no clear legislative framework on this matter, the issue of additional payment for hours worked at night on a business trip is debatable.

Compensation calculated based on piecework

When work is subject to piecework payment, the bonus for night working hours is calculated based on the rate established for the piecework worker. To calculate the amount to be paid, you need to multiply the following indicators:

Number of hours worked at night.
Piece rate for one hour.
A supplement expressed as a percentage of the hourly rate.

Example 2. Tensor LLC determined a piece rate payment for the manufacture of one product - 10 rubles. For a month, turner Akimov Yu.G. turned 1200 items, working 5 hours at night. His hourly tariff rate is 50 rubles/hour. According to the regulations on remuneration at Tensor LLC, the additional payment for night work is 40% of the hourly rate.

Main part of salary:

10 rub./pcs. x 1200 = 12,000 rub.
5 hours x 50 rub./hour x 40% = 100 rub.

Total amount for the month:

12000 rub. + 100 rub. = 12100 rub.

Supplements for shift work

When an enterprise establishes a shift schedule consisting of two, three or four shifts, then those of them that completely or partially coincide with the time period lasting from 10 pm to 6 am are accepted as night shifts. Although the Labor Code of the Russian Federation does not oblige company managers to make additional payments for all night shifts, this is again assigned to them by the “Soviet” circular. This is Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated February 12, 1987 No. 194.

It, in paragraph 9, states that the right to additional payment when organizing a work schedule that involves several shifts for each hour of work is granted to categories of workers whose area of activity is:

Construction.
Industrial enterprises.
Communication organizations.
Transport industry.
Agro-industrial complex.

When working the night shift, they are entitled to an additional 40% of their salary (tariff). But only when night work accounts for at least 50% of the time. But paragraph 9 of the resolution was considered unenforceable by the decision of the Supreme Court of the Russian Federation dated May 21, 2002 No. GKPI2002-353. However, the Presidium of the RF Armed Forces in 2003, in turn, overturned this decision (in part, paragraph 9) by Determination No. 48pv-03.

Thus, paragraph 9 of Resolution No. 194 is still in effect today. At the same time, the Supreme Court proceeded from a broad interpretation of the scope of application of this norm. But some employers may refer to the fact that their enterprises belong to other industries not specified in Resolution No. 194, and not make additional payments. It follows from this that there is a gap in labor law, which makes the interests of persons working several shifts at night unprotected.

Answers to frequently asked questions

Question No. 1. The watchman works for a company in the housing and communal services sector, which has joined the industry agreement. It provides for a larger percentage of additional payment in relation to the normative one. Can he count on receiving it?

Yes maybe. Thus, the surcharge according to the federal standard is 35%, and according to the industry standard it is 40%. The employer is obliged to adhere to the rate indicated in the industry document.

Question No. 2. Does the bonus for night work depend on working time standards?

No, it doesn't depend. Additional payment must be accrued to all employees, without exception, part of whose daily activities relate to the time period from 22 to 6 hours. At the same time, it does not matter whether they work during hours that fit into working standards or are outside them. It also does not matter whether the employee performs the actions prescribed in the employment agreement or not.

Question No. 3. Is compensation due in case of night work under a civil contract?

No, if employment was formalized by a civil contract, then the labor law norms on night supplements do not apply to such an employee.

Question No. 4. If night work is overtime, plus it coincides with weekends or holidays, what allowances are due?

When all three of these grounds are combined, the employee enjoys the right to additional payment for each of them.

Thus, the rules for calculating payment for night hours during a shift work schedule are as follows:

based on the data from the working time sheet, the number of night hours worked is recorded (it is important to note that the calculation takes into account the number of hours falling in the period from 22 to 6 o’clock);
the cost of an hour is determined based on the adopted system;
an increasing factor is applied, which is at least 20% of the cost of an hour of daily labor (its actual amount is determined in the employer’s legal regulations).

How night work is paid: actual additional payments for work in industries In the current practice of paying for night work, many industries use industry agreements that establish a surcharge coefficient of 40% (federal industry agreement on the road sector, mechanical engineering complex, etc.).

Who can work at night If we classify all employees, taking as a basis the classification the possibility of involving them in work outside normal hours, three categories can be distinguished:

Absolutely not.
It is possible, but only if they express their consent in writing.
It's definitely possible.

The first category is the narrowest: it includes teenagers under 18 years of age (unless they are athletes or creative workers) and pregnant women. The second is much broader: when choosing a candidate for work after 10 pm, you need to pay attention to whether he has small children, sick or disabled people among his close relatives, whether he himself is disabled or a guardian (for more details, see Article 96 of the Labor Code of the Russian Federation ). If there are no contraindications, you can prepare a notice of engagement and obtain the employee’s consent.

Payment for night hours according to the Labor Code of the Russian Federation in 2018, example of calculation
Extra pay for night work
Payment for night hours according to the Russian Labor Code. how to pay for night time
Payment for night hours

Payment for night hours according to the Labor Code of the Russian Federation in 2018, calculation example Important Article 154 refers to the Decree of the Government of the Russian Federation dated July 22, 2008 No. 554, which established that for work after 10 pm and before 6 am one must pay 20% more (such an additional payment for night work - this is the minimum approved by law).

Payment for night hours during a shift work schedule

At the same time, Belchenko has a shift work schedule with an hourly salary of 100 rubles. per hour, which leaves 3 hours of night time per shift. In the accounting month, Belchenko had 12 shifts. The “night” coefficient adopted by the company is standard - 20%. We will calculate the additional payment. Let's find the number of night hours for a given month: multiply the number of shifts by the number of off-hours - 12 x 3 = 36 hours.

Let's find how much time was processed beyond the norm: 176 – 172 = 4 hours. For night work, an allowance of 36 x 100 x 0.2 = 720 rubles is given. For overtime: for the first two hours at time and a half 100 x 1.5 x 2 = 300 rubles; for the remaining two hours 100 x 2 x 2 = 400 rubles.
Total 300 + 400 = 700 rub. In addition to Belchenko L.A.’s usual daily earnings. should receive 720 + 700 = 1420 rubles.

Night work according to the labor code (nuances)

Payment for night hours during a shift work schedule Resolution of the Ministry of Labor of June 8, 1992; Order of the Russian Ministry of Health of October 15, 1999); - for employees of immigration control posts - 35% (Resolution of the Government of the Russian Federation of June 7, 1995 N 563 (as amended on November 27, 2000)); - for employees engaged in the main activities of railways - 40% (Order of the Ministry of Railways of Russia dated December 15, 1997 N 24C (as amended on September 21, 2003) (BNA. 1998. N 8; 2001.
N 6)); - for workers of militarized mine rescue units of the coal industry involved in eliminating the accident and providing assistance to people - 40% (Order of the Ministry of Fuel and Energy of Russia dated May 18, 2000 N 145 (BNA. 2000. N 50)); - for employees of educational institutions, teaching staff of healthcare, cultural, social protection institutions - 35% (Order of the USSR Ministry of Education dated May 16, 1985. Payment for night hours according to the Labor Code of the Russian Federation.

Payment for evening hours according to the Russian Labor Code 2018

Additional payments for night shifts In accordance with Art. 154 of the Labor Code of the Russian Federation, an employee who works at an enterprise at night is entitled to an additional payment. Additional payment is carried out in accordance with the provisions:

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

Government Decree No. 554 establishes a mandatory minimum premium for night work.

Article 154 of the Labor Code of the Russian Federation. pay for night work

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

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

Night shifts are a choice between the employer and the employee, since in most cases the appointment of such a work schedule requires written consent from the employee.

Payment for night hours according to the Russian Labor Code 2018

An employee of an organization may be assigned a partially night working day, for example, when setting a schedule from 5 pm to 1 am. Despite the possibility of reducing the period of night work, some categories of employees are not entitled to it. Such workers include:

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

Art.
103 of the Labor Code of the Russian Federation establishes the maximum possible assignment of night work in a row. According to the rules of the Labor Code of the Russian Federation, an employer does not have the right to oblige an employee of an organization to go out at night more than twice in a row. What hours are considered night hours? In accordance with Art. 96 of the Labor Code of the Russian Federation, night shifts include working hours from 10 pm to 6 am.

Payment for night hours

The legislator establishes the following norm: an hour of working time at night should cost more than an hour of work under normal daytime conditions. The minimum coefficient of increase in pay is established by the Government of the Russian Federation based on the recommendations of specialists from the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Today, the coefficient is at least 20% of the amount of payment for an hour of daytime work for each night hour in accordance with Decree of the Government of the Russian Federation dated July 22, 2008 No. 554.
Important! If the employer is willing to compensate for a large amount of additional payment, this should be reflected in the collective agreement.

Night shifts according to the labor code

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 with 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%.

How are night work hours paid during a shift schedule according to the Labor Code of the Russian Federation?

But payment is far from the only issue that a personnel officer needs to pay close attention to if he seeks to avoid violations of the law. According to this act, additional payments for employees of healthcare institutions for work at night are set at 50 percent of the hourly tariff rate, and for those engaged in providing emergency, emergency and emergency medical care - 100%. Decree of the Government of the Russian Federation “On additional remuneration for work at night and the introduction of uniforms for employees of immigration control posts of the Federal Migration Service of Russia” dated June 7, 1995 N 563 provides for the introduction for these workers from June 1, 1995.
additional remuneration for night work in the amount of 35% of the hourly tariff rate (salary) for each hour of night work.

some of the organization’s employees can be involved in work at night only with written consent, with their mandatory familiarization with the possibility of refusing to perform duties at a given time of day;
regulation of the activities of workers in creative professions and media employees at night occurs through the conclusion of a collective labor agreement, as well as with the involvement of a tripartite commission to determine the need for work at night.

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