How many nights. Terms of payment for evening and night work hours

Night work is paid at an increased rate and has a number of features. For details on how to organize and pay for such work, read our article.

From the article you will learn:

What is night work?

Most often, employees work during the day. This is a common practice. Labor activity during the day does not have a significant burden on the body of the employee, it contributes to greater productivity.

But it is not always possible to comply with the standard work schedule. So, for example, at those enterprises that do not interrupt their activities, the labor process does not stop and continues around the clock.

In addition, round-the-clock, m as a result, typical for shops, cinemas and other organizations. Therefore, the schedule is built in such a way that employees carry out their labor function at night.

Download related documents:

In practice, the question often arises: from what time is night work considered? The answer to it is contained in the Labor Code of the Russian Federation.

What is night time

Night time is the period from 22:00 to 06:00. Such a time period is determined by article 96 of the Labor Code of the Russian Federation.

It is labor at this time that is paid at an increased rate. Note that earlier, there was also the concept of evening work. And now in the field, many experts believe that work in the evening should also be paid at an increased rate. But it's not.

At the federal level, the concept of "evening work" is no longer applied. Meanwhile, special rules may be determined by regional legislation or industry agreements.

For example, the Agreement for 2016-2018 between the Government of Moscow, employers in the construction industry of the city of Moscow and the Territorial Organization of the Trade Union of Construction Workers and the Building Materials Industry contains the concept of “evening work”. This is the period of labor activity from 18 to 22 hours. And in this Agreement there are recommendations to employers to make an additional payment for this time in the amount of 20 percent of the hourly wage rate.

But, we repeat once again that, as a general rule, to produce an increased workers in the evening, the employer has no obligation.

Night work allowance

This type of work certainly seems the least comfortable for workers. And it is quite obvious that such a regime of work should be compensated by increased pay.

The minimum guaranteed by labor legislation is 20 percent of an employee's hourly wage rate. In the event that salaries are established in the organization, it will be necessary to calculate the hourly rate. And based on it, the surcharge is calculated for each hour of work.

Legislatively, the minimum additional payment for work at night is established by Decree of the Government of the Russian Federation of July 22, 2008 N 554

Note that labor legislation guarantees the necessary minimum surcharge. Organizations, in turn, can establish such a surcharge at an increased rate. So, for example, their or collective agreement, the organization can provide 30 or 40 percent of the hourly tariff rate as a surcharge.

Surcharge calculation

And now, using a practical example, we will consider the procedure for calculating the surcharge for work at night.

Let's take this example. The organization has a shift schedule that provides for two shifts: the first shift - from 8.00 to 20.00, the second - from 20.00 to 8.00.

When calculating, use this formula.

Here it is necessary to pay attention to the following point. There is no single procedure for calculating the hourly tariff rate. And the organization can provide such a procedure on its own, for example, fixing it in a local act. You can choose from two options.

Read more about how the extra payment for night work is calculated in our .

The hourly rate can be calculated by dividing the salary (monthly rate) by the number of working hours in a given month according to the production calendar. In such a situation, it is obvious that the hourly rate may vary from month to month.

The hourly rate can be calculated by dividing the salary (monthly rate) by the average monthly number of working hours. It is the result of dividing the annual norm of working time by 12. And in this case, the hourly wage rate is the same for all months of the year. In this situation, you do not need to recalculate the hourly rate every month.

Note that the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of December 27, 1972 N 383/35 recommends using the first option. But the organization has the right to choose the calculation mechanism that it considers more appropriate.

Example

The salary of the technician Sukhorukov M.V., working at Piramida LLC on the second shift (from 20.00 to 8.00), is 40,000 rubles. In October 2017, he had four night shifts. Working time at night was 8 hours (from 22.00 to 6.00) in each shift.

According to the Regulations on remuneration of Pyramida LLC, the additional payment for each hour of work at night is 20% of the salary calculated per hour of work.

The norm of working hours for October 2017 with a 40-hour working week was 176 hours. The norm of working hours for 2017 with a 40-hour week is 1973 hours.

Consider the calculation of the surcharge for both options.

Option 1. The hourly wage rate of the employee amounted to 227.27 rubles. (40,000 rubles: 176 hours). Accordingly, the additional payment for work at night will be 1454.53 rubles. (227.27 rubles × 8 hours × 4 shifts × 20%).

Option 2. The hourly wage rate of the employee amounted to 243.23 rubles. (40,000 rubles: (1973 hours: 12 hours)). Accordingly, the additional payment for work at night will be equal to 1556.67 rubles. (243.23 rubles × 8 hours × 4 shifts × 20%).

How to apply for attraction to night work and what documents will be required for this, read in our .

Reduce night work

The duration of work at night is reduced by 1 hour. This rule is established by part 2 of article 96 of the Labor Code of the Russian Federation.

About whether it is necessary to reduce the work shift by one hour, if it only partially falls at night, read our .

Consider whether these rules are universal and whether it is always necessary to reduce the duration of work. Let's take this example. The warehouse guard works according to the schedule "day after three". In this regard, part of the working time falls on the night period. The question arises: is it necessary to reduce the work at night by one hour?

We note right away that - no, it is not necessary. Indeed, the duration of work at night is reduced by one hour without subsequent working off.

And that is not all. The duration of work at night and daytime is equalized in some sectors of the economy. For example, with continuous round-the-clock operation of communication facilities, in the continuous production of food concentrates, dried vegetables.

The "day in three" schedule shows the dates of entry to work, which is carried out around the clock. Weekends are provided on a staggered schedule. In this case, there are no shifts as such, just as there are no shift activities (part one, article 100, article 103 of the Labor Code of the Russian Federation).

Part of the working time with the “day after three” schedule falls at night from 22.00 to 6.00 (part one, article 96 of the Labor Code of the Russian Federation). The watchman was initially accepted on the condition that he would work at night. This is required by working conditions, as the warehouse is guarded around the clock. Therefore, the duration of labor activity at night is not reduced by an hour.

About whether you need to pay for work at night, if the employee has an irregular working day, read our .

How to specify the condition of working at night in an employment contract?

Another question that arises in practice when introducing a night schedule. How to fix the condition on the mode of work at night in an employment contract?

The employee's working hours must be reflected directly in the employment contract. But this obligation is valid only if the mode of operation of a particular employee differs from the generally established in the company (paragraph 6, part two, article 57 of the Labor Code of the Russian Federation).

In this regard, if an employee was hired specifically to work at night, it is necessary to enter a condition about this in the employment contract. Special conditions must also be provided for in the section on . There you need to specify the amount of additional payment for work at night.

individual program of rehabilitation or habilitation (hereinafter referred to as IPR). It indicates the group of disability and the degree of limitation of the ability to work (Appendix 2 to the order of the Ministry of Labor of Russia ).

Now, regarding the provision of additional benefits. For a working disabled person, working conditions are created in accordance with the IPRA and the duration of the daily shift is reduced if the program contains such a requirement (part one, article 94, article 224 of the Labor Code of the Russian Federation, ).

Working week for disabled people of groups I and II

Disabled people of groups I and II are given a reduced working week - no more than 35 hours. At the same time, they are entitled to full wages. In addition, disabled people are provided with annual leave of at least 30 calendar days, leave without pay at the request of the employee up to 60 calendar days a year, etc.

Read more about who is contraindicated to work at night according to the Labor Code of the Russian Federation and what are the mandatory actions of the employer, read in our .

Test yourself

1. What is the minimum allowance for each hour of work at night:

• 10% of the salary or tariff rate;
• 50% of the federal minimum wage;
• 20% of salary or tariff rate.

2. Which shift is considered to be a night shift in multi-shift operation:

• at least two hours of which falls on the period from 23.00 to 6.00;
• at least half of which falls on the period from 22.00 to 6.00;
• it lasts from 21.00 to 5.00.

3. What category of workers can be involved in night work without their written consent:

• parents of minor children;
• disabled people;
• women with children under the age of three.

4. As a general rule, what is the maximum threshold set for the total duration of work at night:

• 5 hours a day;
• 35 hours a week;
• 30 hours per week.

5. In what cases can a minor employee be involved in night work:

• in the event that a minor participates in the creation or performance of works of art;
• in the event that a minor professional athlete prepares for competitions at night;
• in both cases mentioned.

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

• based on the data of the time sheet, the number of hours worked at night is fixed (it is important to consider that the number of hours falling on the interval from 22 to 6 hours is taken into account);
• the cost of an hour is determined based on the adopted system;
• a multiplying 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 NPA).

How Night Work Is Paid: Actual Surcharges for Work in Sectors In the current practice of paying for work at night, many industries use industry agreements that establish a surcharge ratio of 40% (federal industry agreement on road facilities, machine-building complex, etc.).

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

1. Absolutely impossible.
2. It is possible, but only if they express their consent in writing.
3. You can definitely.

The first category is the narrowest: it includes teenagers under 18 (unless they are athletes or artists) and pregnant women. The second is much broader: when choosing a candidate for work after 22:00, you need to pay attention to whether he has small children, sick or disabled people among 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 consent of the employee.

• Implementation of payment for night hours in the Labor Code of the Russian Federation in 2018, an example of calculation
• Night work allowance
• Payment for night hours according to shopping mall rf. how to pay for night time
• Paying for night hours

Payment for night hours according to the Labor Code of the Russian Federation in 2018, calculation example for work at night - this is the minimum approved by law).

Overnight pay for shift work

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

Let's find how much time is processed in excess of the norm: 176 - 172 \u003d 4 hours. For night hours of work, a surcharge of 36 x 100 x 0.2 = 720 rubles is provided. For overtime: for the first two hours in one and a half times 100 x 1.5 x 2 = 300 rubles; for the remaining two hours 100 x 2 x 2 = 400 rubles.
Total 300 + 400 = 700 rubles. In addition to the usual daily earnings, Belchenko L.A. should receive 720 + 700 = 1420 rubles.

Work at night according to the labor code (nuances)

Payment for night hours with shift work Decree of the Ministry of Labor of June 8, 1992; Order of the Ministry of Health of Russia dated October 15, 1999); - for employees of immigration control posts - 35% (Decree 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.
No. 6)); - for employees of militarized mine rescue units of the coal industry involved in the elimination of an accident and rendering 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, pedagogical workers of institutions of health care, culture, social protection - 35% (Order of the USSR Ministry of Education of May 16, 1985. Payment for night hours according to the Labor Code of the Russian Federation.

Payment for evening hours according to the Labor Code of the Russian Federation 2018

Surcharges 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. The surcharge is carried out in accordance with the provisions of:

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

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

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

• The reduced duration of the working night compared to the day, in fact, the employee will work less than daytime colleagues.
• Increased wages, on average from 20 to 50%, depending on the specifics of work and field of activity.
• Additional holidays that are assigned as a supportive measure.
• In some cases, more loyal working conditions.
• Free day or evening.
Serious cons:

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

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

Payment for night hours according to the Labor Code of the Russian Federation 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. These workers include:

• employees who, for other reasons, are entitled to a reduction in long working hours during the day;
• employees specially 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, the employer does not have the right to oblige an employee of the organization to go out at night more than twice in a row. What hours are considered night In accordance with Art. 96 of the Labor Code of the Russian Federation, night shifts include working hours from 10 pm to 6 am.

Paying for night hours

The legislator fixes the following norm: an hour of working time at night should cost more than an hour of work in normal daytime conditions. The minimum wage increase coefficient is established by the Government of the Russian Federation on the basis of recommendations from the specialists of 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 the Decree of the Government of the Russian Federation of 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 normative act adopted taking into account the opinion of the trade union, an employment contract and cannot be less than 20% of the hourly wage 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 of July 22, 2008 No. 554). At the same time, payment for night hours with a shift work schedule is no different from payment for night hours with a regular schedule: night time is subject to additional payment. For example, the salary of an employee is set at 75,000 rubles with a five-day working week and normal working hours (40 hours a week).

In September, at the request of the employer, the employee worked additional night time from 22:00 to 00:00. Surcharge for night time is set at 20%.

How are night hours of work paid for with a shift schedule in accordance with 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 night work to employees of health care institutions are set at 50 percent of the hourly tariff rate, and those employed in the provision of emergency, emergency and emergency medical care - 100%. Decree of the Government of the Russian Federation "On additional pay 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 wages for work at night in the amount of 35% of the hourly tariff rate (salary) for each hour of work at night.

• part of the employees of the organization can be involved in work at night only by written consent, with their obligatory familiarization with the possibility of refusing to perform duties at a given time of day;
• the regulation of the activities of workers in creative professions and media workers 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.

The regulation of labor relations when establishing night working hours can take place according to the current provisions of labor legislation and federal regulations directly or indirectly reflecting the features of establishing such a schedule, as well as by issuing regulations of the municipality or enterprise.

In order to ensure the safety, health and well-being of citizens, the police, security guards, doctors, and representatives of public utilities are working at night. Taxi drivers, hotline operators, service workers perform their work at night. Drivers drive trains, bakers bake bread at bakeries... It is not easy to work at night, so the regulation of such activities has its own specifics.

night work

Working at night in our country is allowed at the legislative level. Article 96 of the Labor Code of the Russian Federation defines the period from 22:00 to 06:00 as night time. Work during this period is considered employment in conditions that differ from normal, therefore, payment for night hours according to the Labor Code of the Russian Federation for persons who perform their official duties during the specified period is guaranteed at an increased rate.

The specific amount of payment can be determined in the contract with each employee, collective agreement or other regulatory act of the organization. However, in any case, payment for night hours cannot be lower than the minimum established by Russian labor legislation.

The amount of payment to an employee for a similar type of employment at the end of the month depends on the mode in which he went to work shifts, as well as on what were the reasons for his involvement in professional duties at night.

Working mode

The mode in which the employee will work is determined by an agreement with the employer. And this is an important condition of the employment contract, which must be agreed and prescribed in advance. It is especially important to fix the mode of labor shifts for those persons whose schedule differs from the general one established for the rest of the team members of this organization or enterprise, according to the time of work. What is the procedure for paying for night hours? It is also determined in the employment contract with the employer.

In shift work, usually some of it (or all of it) falls on the time from 22 pm to 6 am. Night shifts are always paid at a higher rate than that established for daytime employment.

When concluding an employment contract, pay attention to an important point. The document must indicate which hours of work are considered night. Also, the schedule and alternation of shifts are negotiated with the employer. According to the Labor Code of the Russian Federation, the duration of work at night should be shortened by one hour (without working off in the future).

When work occurs without shift reduction

In some cases, the duration of the shift is not reduced, even if part of it or all of it falls at night. This is allowed when working on a six-day week with one day off per week. With this mode, the duration of the night shift is equal in time to the day shift.

There is no reduction in the event that a person was specially hired for night work. This possibility is provided for in the Labor Code. Of course, the condition of permanent employment at night is fixed in the employee's contract.

Representatives of such professions as watchmen, dispatchers, operators and a number of others work full time, without reducing its duration, but they are paid night shifts according to the Labor Code of the Russian Federation.

Who can't work at night

According to the norms of labor legislation, not all people are allowed to work from 22 to 6 hours.

Can't work at night

• pregnant women;
• employees under 18 years of age (with the exception of representatives of creative professions in some cases);
• women with children under the age of three;
• single parents with children under the age of five (both mothers and fathers);
• disabled people.

The last three categories of persons may be involved in the relevant employment only with their written consent. At the same time, the employer must fulfill an important duty: to familiarize these employees with their right to refuse (in writing). And, of course, payment for night hours is made according to the Labor Code of the Russian Federation in case of consent. There is no legislatively developed form of familiarizing the employee with his rights and giving consent to work, therefore it is considered quite acceptable to simply write “agree / disagree” on the order.

When night shifts should be reduced

In general, according to the provisions of labor law, the duration of night work is reduced by 1 hour. For example, if the shift is 8 hours, its duration is reduced to 7.

Time is not reduced for the following employees:

• taken to perform professional duties only at night;
• persons who have reduced working hours (for example, in industries with harmful and dangerous conditions);
• employees working on a reduced day (upon their application or agreement with the employer).

The employer may exercise the right not to reduce the duration of the shift for a certain list of jobs in cases related to working conditions. At the same time, he must coordinate the specified list with the staff of the organization. The list of places where working hours are not reduced is included in the collective agreement or other administrative act of the company, order, regulation, etc.).

Legislative regulation of night work

Night shifts are subject to labor legislation to work in special working conditions. Unlike daytime, nighttime employment does not allow the body to rest naturally, overloads its nervous and endocrine systems, and affects the functioning of the heart. That is why the payment for night time is made in the amount increased, in comparison with the legislation stipulated for traditional hours.

Article 149 of the Labor Code of the Russian Federation indicates that an employee in conditions that are not recognized as normal (including at night) should receive additional payments provided for by both the legislation itself and internal regulatory documents (collective agreement, agreements). At the same time, payments under local regulations cannot be reduced in comparison with those provided for by federal legal documents.

Payment for night hours under the Labor Code of the Russian Federation is regulated by Article 154, which also establishes that the minimum threshold for the amount of payments for the relevant work cannot be less than that established taking into account state guarantees.

What determines the amount of surcharges for night work

The minimum amount of increased payment for night time is determined by Decree of the Government of the Russian Federation of July 22, 2008 No. 554 and amounts to 20 percent of the additional payment to the hourly tariff rate (salary).

In each specific case, the amount of such remuneration for night work can be found from the provisions of the internal payment document adopted by the organization, taking into account the opinion of the team, or from the employee's employment contract itself.

The legislation guarantees that, when going to night shifts, a person will receive a salary increased by 20% compared to the usual one.

night work pay

Each organization, based on its capabilities and interests, has the right to establish how to pay for night hours if the surcharge exceeds the 20% minimum guaranteed by labor legislation. The basis for this can be an internal document of the enterprise (regulation, collective agreement, employment contracts of employees). Payment for night hours according to the Labor Code of the Russian Federation is calculated taking into account the cost of an hour of work of an employee (tariff, salary) without taking into account other allowances and additional payments. The tenant, however, is not tied to such a calculation procedure and can establish it in a different form and size, but only if it exceeds the legally established level.

So, for employees of medical institutions, such an additional payment is 50% of the hourly salary. And employees of the paramilitary, fire protection and penitentiary system are entitled to 35% of the specified salary.

Rules for calculating the increased payment

The procedure for how night hours of work are paid is prescribed in Decree No. 554. Also, at present, the Russian Federation has an Explanation of the USSR State Labor Committee of 1972 No. 12/13, which establishes the rules for calculating the hourly rate for determining extra pay for work at night. According to this document, payment for night time (per 1 hour) is determined as follows:

• for employees on the tariff system, the daily rate is divided by the number of hours worked per day;
• salaried employees - by dividing the salary by the norm of hours in each particular month.

Calculation example

Consider how night shifts are paid according to the Labor Code, using the example of an organization that has a legally fixed amount of additional payment - 20% of the hourly rate (salary).

1. The watchman in the Romashka organization worked 8 daily shifts (192 hours) in a month. The tariff rate for him is set at 45 rubles per hour. Of the 192 hours worked by the watchman, 64 are on night shifts.

The calculation of the surcharge in this case will look like this: 45x0.2x64 \u003d 576 rubles.

The resulting figure is added to other types of accruals due to the watchman for the worked period.

2. A process engineer of the same organization is paid 8,000 rubles per month.

The monthly norm of hours was 176. By order of the management, he was involved in work from 24 hours to 8 in the morning. Of this time, the night period accounts for 6 hours.

The calculation will be like this:

8000/176=45.45 rubles - hourly salary of a process engineer in a given month.

45.45x0.2x6 \u003d 54.54 rubles. - surcharge received.

When calculating wages, this amount is also added to all types of accruals due to the employee for the month.

Overtime work at night

Due to production needs, almost any employee can be involved in overtime work, for example, to replace a shift that has not left. How are night hours paid in this case?

Labor outside the normal amount of time is estimated, according to the Labor Code of the Russian Federation, in an increased amount. During the first two hours, the payment is increased by an amount not less than one and a half times the rate, in the next - not less than two times. The specific amounts of payment for overtime work, as well as for night hours, are established by the internal regulatory documents of the organization, the employment contract.

If overtime work fell on the time from 22:00 to 06:00, then the employee's salary should be increased immediately for two reasons (night and overtime pay).

As you can see, the regulation of night work has its own characteristics, aimed at compensating a person for the conditions when the schedule of his work and rest differs from the usual. The law establishes a minimum by which wages for night work must be increased. Also, the employer can increase this minimum size within his organization at his own discretion.

The concept of "night hours" is clearly defined in article 96 of the Labor Code of the Russian Federation, which states that hours from 22:00 to 06:00 are considered night hours. If an employee has a regular work schedule within the specified time frame in accordance with the employment contract, he is considered a night shift worker, otherwise the employee is entitled to receive additional pay for the time he worked at night.

Night shift legally

Additionally

Working hours on the night shift for workers in creative professions (theatrical figures, members of circus troupes and film crews, media workers) are regulated by the terms of an employment or collective agreement, as well as local regulations.

Article 96 of the Labor Code of the Russian Federation provides an explanation, according to which, the definition of a night shift includes labor activities carried out in the time period from 22:00 pm to 06:00 am. Thus, if the majority of an employee's working time falls within the specified hours, it is considered that the work is carried out at night. According to this article, the duration of the work shift at night should be one hour less than during the daytime. If the daytime working time is 8 hours, it is permissible to set a seven-hour work schedule for night work without the need to work the missing hour. In some cases, there may not be a decrease in working hours at night when:

1. The worker was originally hired to work at night.
2. The employee is involved taking into account the reduced working hours.
3. Employees work in shifts with one day off per week.

Who can be called to work after hours

Legal acts define categories of persons who are prohibited from engaging in labor activities at night. Not allowed to such work:

1. Employees who are pregnant.
2. Minor employees, except for citizens under 18 years of age involved in the creation or performance of works of an artistic nature, as well as persons specified in the List approved by Decree of the Government of the Russian Federation No. 252 dated April 28, 2007.

Article 96 of the Labor Code of the Russian Federation also identifies categories of employees who can be involved in work at night, but only with their voluntary consent. These include:

• working women with children under 3 years old;
• women and men raising children under 5 years of age alone (without a spouse);
• employees with disabilities;
• employees with children with disabilities;
• workers caring for a sick family member (if there is an official medical certificate).

Citizens belonging to the listed categories of employees may be involved in work at night, if there are no medical contraindications, and there is also the voluntary consent of the employees themselves in writing. This means that the refusal to work at night cannot be charged to these persons as absenteeism.

How is night work done?

Separately, you should consider situations where the night shift falls on weekends and holidays. In such cases, the amount of allowances is summed up, since, according to the norms of the Labor Code, holidays and weekends are paid double (read more about paying for work on a day off according to the Labor Code). The exception is employees working in shifts, for whom weekends are regular working shifts, but this rule does not apply to holidays - night shifts that coincide with holidays are paid at double the rate, taking into account the established allowance for working at night.

The Decree of the Government of the Russian Federation determines that the amount of additional payment for work at night cannot be less than 20% of the amount of the employee's regular wages. Additionally, wages at night in the Russian Federation may also be regulated by the internal regulatory documents of the enterprise (Article 154 of the Labor Code of the Russian Federation). Each employer has the right to offer employees any additional payment for working at night, but not less than 20% of the hourly rate.

Payment for night hours according to the Labor Code of the Russian Federation in 2019 is carried out in accordance with the amount of the surcharge established by the regulatory documents of the enterprise, and the time worked at night. For example, consider a case in which the employer did not exceed the minimum allowable nighttime bonus of 20% and an employee who receives a fixed hourly wage of 500 rubles worked a total of 10 nighttime hours in one month.

We carry out the calculation of wages at night:

(Hourly wage) / (Rate of additional payment for night work (in percent)) * Number of hours worked = (500 rubles) / (20%) * 10 days = 1000 rubles

In this case, a thousand rubles will only be an additional payment for night hours, in accordance with the Labor Code of 2019, and the labor hours themselves are paid separately in accordance with the amount of wages.

If an employee receives a fixed monthly salary, you need to calculate the rate for one hour of work. To do this, you need to divide the monthly rate by the number of hours that a person should normally work in the current month.

Employees who are employed specifically to work night shifts are also entitled to receive additional pay, and this should be taken into account when determining the monthly wage when an employment contract is drawn up with an employee.

See the following video for night time pay

Night work overtime

Note: it is necessary to distinguish between the concepts of overtime work and work at night, which many people confuse. Overtime is the work that is performed outside the established work schedule, and not at night. And work at night is labor activity from 22.00 to 6.00, planned by the employer in advance. Sometimes these concepts can overlap, in the case when the work is both night and overtime.

Each hour of overtime at night is paid an additional amount equal to the average hourly wage of the worker. Daytime processing hours are paid additionally in the amount of 50% of the hourly rate for the first 2 hours and 100% for all subsequent hours. However, the employer can independently designate in the regulatory documents of the enterprise the possibility of greater pay for overtime work at night, since this is not prohibited by the Labor Code of the Russian Federation and other legislative acts.

The calculation of payment for processing at night is carried out similarly to the calculation of payment for work at night. The hourly rate of the employee in this case is multiplied by 200% and the time that was worked overtime at night. For example, if an employee's payment is 500 rubles per hour, and at night he worked an additional 10 hours, the employer must pay 10 thousand rubles for this time (based on 500 * 200% * 10).

Taxation of extra payments for night work and overtime

Surcharges for night work and overtime are considered part of the employee's salary, so all payments are deducted from them on a general basis. That is, insurance premiums, as well as pension and social contributions, as well as personal income tax, should be deducted from the amount of surcharges. All deductions are made by employees of the accounting department of the organization, and the employee is paid the amount already taking into account all changes. Thus, the employee does not have to independently take care of paying taxes and insurance premiums for overtime worked.

On the payment of work at night, the lawyer will advise you in the comments to the article.

Often includes night work. For an employee, such work carries an increased burden, therefore, the payment for it should be higher. Employees often worry about pay when shifting, in particular when they are busy at night.

Let's consider how the laws of the Russian Federation relate to this issue, how accounting is carried out when working after hours, how to calculate payment, and we will show this with a specific example.

The law allows you to work at night

Despite the fact that most organizations work during the daytime, the specifics of certain types of work provide for night (and sometimes round-the-clock) functioning. Just for such enterprises, there is a shift work regime, according to which part of the shift or the entire shift falls on the hours usually intended for sleep and rest.

The regulation of the organization and payment of such work is prescribed in Art. 96 and 154 of the Labor Code of the Russian Federation.

What shifts are considered night shifts

The law proclaims night hours of work from 10 pm (10 pm) to 6 am.

A shift will be considered a night shift if at least half of it is labor during the specified time period. The night rate will be paid only for the hours that make up this period, the rest will be rewarded as is customary for day shifts. The definition of "night shift" in this case is significant for deciding whether or not to attract a certain category of employees.

ATTENTION! According to Art. 96 of the Labor Code of the Russian Federation, the night shift should be 1 hour shorter than the corresponding day shift.

The night shift is not reduced by an hour in some special cases, namely:

• the employee was specially accepted for night work, and this is reflected in the employment contract;
• the employee has a reduced schedule;
• compiled according to the scheme 6:1;
• when the shift cannot be reduced due to the nature of production.

Documents for the payment of night work

The enterprise must necessarily regulate the conditions for organizing and calculating remuneration for work after hours. This should be done in the following local acts:

• in the regulation on wages (general or issued specifically for night hours);
• in the collective agreement (it is necessary to take into account the opinion of the trade union body)
• in an employment contract with a single employee;
• in the order to attract an employee to work at the specified hours (if this is done one-time or an employee from a special contingent is involved).

IMPORTANT! The order is necessary only in special cases, with a constant schedule with night shifts, it is enough to fix the payment procedure in the Regulations.

Special contingent of personnel

Certain categories of employees do not have the right to work on night shifts, without taking into account their opinion on this matter. Another list defines the circle of workers who can be involved in night work if they express their consent.

It is forbidden to work at night:

• women who are expecting additions;
• minor workers, except for special categories provided for by the Labor Code of the Russian Federation and individual federal laws, for example, those employed in performances or other events.

You can work at night with written consent:

• mothers of young children (up to 3 years);
• disabled persons of any group;
• employees in whose care there are disabled people;
• workers caring for unhealthy family members (according to the conclusion of physicians);
• single parents with children under 5;
• guardians of children under 5 years of age.

FOR YOUR INFORMATION! An employee belonging to this category must be warned in writing that he has the right to refuse to work at night, and in turn, endorse his consent.

Factors that determine the amount of pay for night shifts

The law establishes higher than daytime pay for each night hour worked. The amount of this increase depends on several important nuances:

• the minimum wage for night work established by the state;
• figures fixed in the relevant local act (usually the surcharge is a percentage of the daily salary or tariff);
• the number of night hours during which the employee was busy.

Surcharge amount for each night hour of work, it cannot be less than a fifth of the usual daily salary (Article 154 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of July 22, 2008 No. 554).

NOTE! A shift schedule or a regular schedule is accepted in the organization, night hours are paid according to the same principle - with a surcharge.

Night on a business trip

If an employee has to be busy at night while on a business trip, this does not change the obligation of the additional payment. The only difference is that the employer is not obliged to pay extra for the night hours spent on the way to the place of business trip, although he can do this on his own initiative and desire.

What if the night is overtime?

It is one thing when night hours are provided for by the work schedule, and a slightly different situation is when they are worked out in excess of the norm, even with a shift schedule. How to pay in such cases?

Both the overnight surcharge and the overtime factor must be applied, which is 1.5 for the first two hours of processing and 2 for thereafter.

Examples of payroll calculations at night

Example 1. Payment for night hours with a fixed salary

Officer Polivanov K.I. with a salary of 25 thousand rubles. per month Works in shift mode 5 days a week (from Monday to Friday). His evening shift is from 20:00 to 04:00. According to the schedule, he has 10 such shifts per month. A local act of the enterprise establishes a 20% share of the additional payment for work after hours. Let's calculate the amount of the surcharge.

For the accounting month Polivanov K.I. fully worked out the hourly rate corresponding to the production calendar (170 hours). At night, each shift falls on 6 hours (from 22:00 to 04:00), for a month it will be 6 x 10 = 60 hours. We need to find the average hourly tariff rate: 25,000 / 170 = 147 rubles. Let's calculate the amount of the night surcharge for each hour: 147 x 0.2 = 29.4 rubles. For 60 non-working hours, you will need to pay extra to the salary 60 x 29.4 = 1764 rubles.

Example 2. Paying night hours to an hourly worker when working overtime

The production calendar for the accounting month provides for 172 hours worked, and the employee Belchenko L.A. worked 176. At the same time, Belchenko has a shift work schedule with an hourly salary of 100 rubles. per hour, at which 3 hours fall every shift at night. In the accounting month, Belchenko had 12 shifts. The "night" coefficient adopted by the company is standard - 20%. We will calculate the fee.

Let's find the number of night hours for a given month: multiply the number of shifts by the amount of after-hours - 12 x 3 = 36 hours.

Let's find how much time is processed in excess of the norm: 176 - 172 \u003d 4 hours.

For night hours of work, a surcharge of 36 x 100 x 0.2 = 720 rubles is provided.

For overtime: for the first two hours in one and a half times 100 x 1.5 x 2 = 300 rubles; for the remaining two hours 100 x 2 x 2 = 400 rubles. Total 300 + 400 = 700 rubles.

In addition to the usual daily earnings, Belchenko L.A. should receive 720 + 700 = 1420 rubles. surcharges.

Return