In order to ensure the safety, health and well-being of citizens, the police, security guards, doctors, 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, the payment of night hours according to the Labor Code of the Russian Federation to persons who fulfill their official duties during the specified period, guaranteed in an increased amount.

The specific amount of payment can be determined in the contract with each employee, collective agreement or other normative act organizations. 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 execution professional duties at night time.

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 defined in employment contract with an 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 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 out full time, without reducing its duration, but they are paid for 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 obligation: 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 an abbreviated work time(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 agree on 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 normative documents(collective agreement, agreements). At the same time, payments for local regulations cannot be reduced in comparison with the 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 may be internal document enterprises (regulation, collective agreement, labor 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.

Yes, for employees. medical institutions this supplement 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 the Explanation of the USSR State Committee for Labor dated 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:

• workers on 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 for Labor Code, on the example of an organization in which a legally fixed amount of additional payment is established - 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 rub. - 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 per 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 a overtime work fell on the time from 10 p.m. to 6 a.m., 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.

Night time

"...Night time - time from 22:00 to 6:00..."

Source:

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

"...21) night time - the period from 22:00 to 06:00 local time;..."

Source:

"Criminal Procedure Code of the Russian Federation" dated December 18, 2001 N 174-FZ (as amended on December 1, 2012)

Official terminology. Akademik.ru. 2012 .

See what "Night time" is in other dictionaries:

NIGHT TIME- time from 10 p.m. to 6 a.m. In accordance with Art. 96 of the Labor Code of the Russian Federation, the duration of work (shift) in N. c. is reduced by 1 hour without further processing. The duration of work (shift) in N. century is not reduced. for employees who have a reduced ... ... Russian encyclopedia of labor protection

night time- (for example, from 23.00 to 07.00, in a number of countries from 24.00 to 06.00 there are preferential tariffs for electricity consumption) [A.S. Goldberg. English Russian Energy Dictionary. 2006] Energy topics in general EN nighttime … Technical Translator's Handbook

NIGHT TIME- in accordance with the Code of Criminal Procedure of the Russian Federation, the time interval from 22 to 6 hours local time ... Legal Encyclopedia

Night time- Night shift work at night. In accordance with part 3. Art. 396 of the Labor Code of the Russian Federation night time from 22:00 to 06:00. The duration of work (shift) at night is reduced by one hour. In Labor ... ... Wikipedia

Night time- a period of time from 22:00 to 06:00 local time (clause 21, article 5 of the Code of Criminal Procedure of the Russian Federation). The performance of investigative actions at night is not allowed, with the exception of urgent cases (part 3 of article 164 of the Criminal Procedure Code of the Russian Federation) ... Big Law Dictionary

Night time- from 22:00 to 06:00 local time. Code of Criminal Procedure of the RSFSR dated October 27, 1960, art. 34 ... Dictionary of legal concepts

Night time period from 11 p.m. to 7 a.m. Source: LAW of the city of Moscow dated 12.07.2002 N 42 ON OBSERVING THE REST OF CITIZENS AND SILENCE AT NIGHT TIME IN THE CITY OF MOSCOW ... Official terminology

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

Night work Glossary of business terms

NIGHT WORK- night time is considered from 10 pm to 6 am (part 4 of article 48 of the Labor Code). When working at night, the established duration of work (shift) is reduced by 1 hour. This rule does not apply to employees for whom it is already provided ... Encyclopedia of labor law

Books

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

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

What is night time

Labor legislation determines that night time is the time from 10 p.m. to 6 a.m. (part 1 of article 96 of the Labor Code of the Russian Federation). At the same time, the duration of work (shift) at night is reduced by one hour without subsequent working off. This means that if, with the established working time of 40 hours a week (8 hours a day), the work fell at night, then instead of 8 hours a day, the employee must work 7 (for example, from 22 to 5), while the working time will be be considered fully worked out and this dropped out 1 hour is not subject to working out (part 2 of article 96 of the Labor Code of the Russian Federation).

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

Who shouldn't work at night

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

How to pay for night work

Every hour of night work is paid more than day work. 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% per hour 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 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 regular schedule: night time is subject to an additional charge.

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%.

Consequently, the employee's salary for September will be: 76,022.73 \u003d 75,000 rubles (salary for September) + 1,022.73 (surcharge for night hours).

The said surcharge was calculated as follows:

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

Not all organizations have the ability to stop production and dismiss workers for the night. Making activities at night is suitable for such circumstances.

International Labor Organization sets framework for night workers. Echoing it, the labor code regulates night work by guaranteeing benefits. In the article, we will figure out from what hour night time is considered and how it is paid according to the Labor Code.

Dear readers! Our articles talk about typical solutions legal issues but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Night time concept

Night time according to world regulations is a period of time within 7 hours, which lasts from midnight to 5 in the morning. Commissioning consultations are given by the unions of employers and workers, after studying the collective agreements.

Night time in the labor legislation of the Russian Federation is defined as hours from 10 pm to 6 am, with the length of work or shift reduced by 1 hour.

Watch the night shift video:

Legislative regulation

Night work is ordered:

• Art. , , , Labor Code;
• Art. 5.27 of the Code of Administrative Offenses of the Russian Federation;
• Decree "On the minimum amount of wage increases for work at night";
• Decree "On approval of the list of professions and positions of creative workers";
• Industry agreements on the river fleet, radio-electronic industry, etc.;
• the Convention "On Night Work" (not ratified, it is impossible to refer to its provisions in disputes on the territory of Russia);
• Local NPA.

The last two cannot go against the Labor Code of the Russian Federation.

Who is not allowed to work?

Night work is prohibited:

1. Certainly (pregnant);
2. Conditionally (children under 18, disabled people, women with small children, etc.).

Pregnant women

Of course, work is prohibited from 22 to 6 in the morning for pregnant women. Even if there is a statement and readiness, the employer cannot leave a woman in such a job.

Two alternatives:

• assignment to a similar job or to the same daytime job;
• removal from work with abandonment, if the transfer is not possible.

The woman must bring proof of pregnancy. If she remains in her previous position, then the employer may have problems, up to paying a fine.

Children under 18

Conditionally work at night is prohibited for children under 18 years old, if they are not involved in the presentation of performances, musical compositions(child actors, circus performers, etc.).

Women with small children

Women with small children are divided into three categories:

1. With children under the age of 3;
2. With children under the age of 5 without a spouse;
3. Guardians of children under 5 years old.

Night shift is allowed for such workers, only if the woman has given consent and there is a medical certificate that allows you to work. The worker enjoys the waiver of night work, and the manager is obliged to provide her with a similar job.

From night work fathers with children under 5 years old without a spouse are exempted by the same rules.

Disabled

The employer will provide privileges for:

• people with disabilities;
• having disabled children;
• caring for sick relatives (not necessarily disabled).

These groups must also give a written agreement and submit honey. conclusion allowing you to work at night. The employer introduces them on receipt with the right to refuse. For other categories, consent is not required.

Employee consent form:

Peculiarities

Enterprises themselves adopt acts that supplement the number of days off. According to the schedule, a fraction of the time may fall at night. Labor time is reduced by an hour, which does not need to be completed. The shift lasts without reductions if:

• working time is already less than 8 hours;
• The position involves being at work at night.

The local act of the enterprise may contain provisions that are different from the federal ones, therefore, before giving consent, you need to familiarize yourself with the act.

A night shift can be equal to a day shift if:

• This ;
• shift work with one day off per week.

Internal contracts designate the forms of work when the night shift lasts the same as the day shift.

The laws of the Russian Federation do not stipulate how many night shifts can be worked per month.

The shift schedule or local rules of the organization determine the amount of shifts. The manager introduces these papers before being sent to the night shift.

The duration of rest after a night shift is not regulated by the Labor Code. The following principle applies throughout: after the night shift there should be a rest period equal to two shifts, i.e. if a person has worked 8 hours, he must rest at least 16.

How to calculate hours in a timesheet?

Schedule sheet can be filled out according to forms or documents accepted by the organization. Time can be reflected separately evening and night. The columns contain alphabetic and numeric codes. For example, alphabetic: "H" or "B", digital "2". The head can accept his conditional symbols, about which an order is issued.

An example of filling out a time sheet (clickable):

You can fill in the columns for each day. In the form T-12, columns 4-6 are filled in, in T-13, section 4 is filled in. You can put down the code with a letter or number, and in the line below them - hours and minutes of work.

If the employee works in shifts, then you need:

• Add columns to samples T-12 or T-13;
• Put down the hours of operation in codes.

The form of accounting developed by the company is usually contains rows for night and day span.

You can take into account the work schedule, which begins during the day and ends at night with fractional designations. The term of work is indicated in numbers through the line.

Payment

Overnight pay will be higher. This is stated in the labor laws. The percentage is also indicated there, less than which the employer cannot do.

The percentage above can be accepted:

• collective agreement;
• local NLA;
• labor deal.

By law, the leader approves the surcharge by listening to the opinion of the trade union and taking it into account.

The Government of the Russian Federation has appointed a 20% bonus for night work. It cannot be installed below. Industry agreements establish a higher percentage of the allowance (for example, 40% for multi-shift workers in the river fleet).

The calculation is carried out in stages:

We consider how much is allocated for work in the night part of the day:

Total time – busy time during the day = time worked at night

Calculate the hourly rate:

Rate / total number of hours = hourly rate

Calculate how much an hour of night work costs:

Hourly rate x 20% (or % accepted by the organization) = amount in excess of the rate

Hourly rate + amount over the rate = work for one hour at night

We calculate according to the formula how much to pay for the work:

Cost of an hour at night x time worked at night = amount of remuneration for night work

Calculation example:

I. Taneeva works 12 hours, from 20.00 to 08.00. Rate per day 1000 rubles. The manager set a 30% increase in night work pay. We count in stages:

Working hours at night:

12-4 = 8 hours

Hourly rate:

1000 / 12 = 83,34

Night work hours:

83.34 x 30% = 25.01

83, 34 + 25,01 = 108,35

Night work reward:

8 x 108.35 = 866.80

Such formulas are suitable for calculating the remuneration of both watchmen and production workers.

How to calculate night hours from salary: it is necessary to calculate the cost of one hour of the employee's working time. Further, the cost of a working hour is multiplied by a multiplying factor and by the number of hours worked at night.

If the night shift of an employee falls on, both allowances must be calculated.

Registration of night shifts

Internal rules and the shift calendar are the main documents that establish the periods of night and day work.

If taken specifically at night or in shifts:

• get acquainted with the regime;
• sign an employment contract.

If, when hiring, it was supposed to be carried out in the daytime, but then the company switched to a shift schedule:

1. 30 days before the introduction of the schedule, familiarize everyone with it under signature;
2. issue a transfer order.

Sample order for entering night time:

If the employee is included in a group for which night work is conditionally prohibited:

1. announce a new schedule;
2. inform under the signature of the right of refusal;
3. ask the consent of the employee;
4. after the worker provides honey. conclusion about the possibility of working at night;
5. an order is issued to transfer the employee to the appropriate schedule.

Employer may hide night shifts or not pay due wages. Then the workers go to court. Any evidence of night work is allowed in court, so proving it is often quite easy. The addition of pay for work is not included in bonuses and other incentive payments.

Companies can hire employees to work at night in connection with production or involve them in night work as needed. Regardless of the reasons, working at night means an additional burden on the human body. Therefore, there is an increased payment for it. How to calculate the amount of the surcharge and what hours the employee needs to pay, read the article.

From this article you will learn:

Download related documents:

Night work: concept and examples

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

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 night work is 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. However, in any case, the duration of work or shift at night should not exceed 12 hours. The norms of work at night are determined by the employer in the local regulatory act. For example, in the Regulation on wages.

Regulations on wages

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 and Industry Workers building materials, contains the concept of "evening work". This is the period 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, let us repeat once again that general rule, to make increased wages for employees in the evening, the employer has no obligation.

Features of working at night

Working at night has its own characteristics. Yes, at employees who work at night, the duration of the shift is reduced by an hour. At the same time, in order to maintain the weekly norm of working time, the employee should not work a reduced hour.

In some cases, the duration of the night shift does not need to be reduced (it is equal to the day shift). This is possible if:

• the employee has a reduced working time;
• the employee is hired specifically to work at night;
• it is necessary to equalize the night and day shifts according to working conditions;
• employees work in shifts with a six-day week with one day off (Article 96 of the Labor Code of the Russian Federation).

Also, work at night is prohibited for some categories of employees and is paid at an increased rate.

How is night work paid?

Article 96 of the Labor Code of the Russian Federation implies that night work is compensated by increased pay.

Crib. Three rules about extra pay for night work

Attention! 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 law guarantees the necessary minimum surcharge. Organizations, in turn, can establish such a surcharge at an increased rate. So, for example, by its local act or collective agreement, the organization may provide 30 or 40 percent of the hourly rate as an additional payment.

Calculation of surcharge for night time

And now on practical example Consider the procedure for calculating the surcharge for work at night.

Example: The organization has a shift schedule that provides for two shifts: the first shift is from 8.00 to 20.00, the second is from 20.00 to 8.00.

When calculating, use this formula.

Here we must pay attention to next moment. 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.

Option 1. 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.

Option 2. 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 September 2019, 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 September 2019 with a 40-hour working week was 176 hours. The norm of working hours for 2019 with a 40-hour week is 1973 hours. Consider the calculation of the surcharge for both options.

Option 1. The hourly wage rate of an 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 an 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%).

Working conditions at night

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

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.

There are many exceptions to this rule, such as:

• the employee has a reduced working time;
• the employee is specially hired to work at night;
• the employee works at night out of necessity caused by working conditions;
• The employee works in shift work with a six-day work week.

And that is not all. The duration of work at night and daytime is equalized in some sectors of the economy. For example, with a continuous round daily work means of communication, 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.

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

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 should also be included in the section on wages. There you need to specify the amount of additional payment for work at night.

Attention! 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).

Specify that the worker is accepted for work at night. Include the condition on the duration of the night shift and reflect the percentage of the surcharge, which was determined by the head of the organization in the local act.

List of employees who cannot work at night

Certain categories of workers are not allowed to work at night.

An absolute ban on night work has been established for:

• pregnant employees;
• underage workers.

They should not be involved in night work, even if they themselves do not mind it. The rest of the employees can be involved in night work, but for certain categories it is important that such work is not medically contraindicated for them.

The list of employees who may refuse to work at night is closed.

Medical contraindications are possible in relation to:

• women with children under three years of age;
• disabled people;
• employees with disabled children;
• employees caring for sick family members;
• single parents (guardians) raising children under five years of age.

The listed workers have the right to refuse to work at night. Moreover, the employer must inform them in writing of the right to refuse night work.

Night work cancellation notice

The Labor Code of the Russian Federation does not say how to formalize the consent of an employee to work at night. In practice, it is formalized in one of the following ways:

• in the form of an employee statement;
• in the form of an employee's mark on the notification: "I agree to be hired."

Application for consent to work at night

Women are allowed to work at night with their written consent. The main thing is that such a working condition should be provided for in the employment contract with the employee.

Can a disabled person work at night?

But the most common question is related to the possible night work of disabled people. Heads of organizations are often interested in whether they can accept a disabled person for shift work, in conditions where part of the shift falls at night.

Let's start with the fact that a disabled person can be hired with night shifts. But in this case, each time before the night shift, you will need to obtain the written consent of the employee to work at night.

And it will also be necessary to carefully study the medical documents of a disabled worker. This type of work should not be contraindicated for medical reasons. Additionally, the employee is introduced against signature with the right to refuse such work (part five of article 96 of the Labor Code of the Russian Federation).

When hiring, an employee has the right to submit (clause 36 of the Rules approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95):

• a certificate confirming disability, indicating the group (Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n);
• an 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 dated July 31, 2015 No. 528n).

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 annual vacation at least 30 calendar days, leave without pay at the request of the employee up to 60 calendar days a year, etc.

As a rule, work at night is reduced by an hour without further working off. This right does not apply if the employee is specially hired to work at night, works in shift work during a six-day working week, etc. In the employment contract with an employee who is hired to work at night, indicate the mode of work. Also reflect how the extra pay for night work is calculated. The minimum amount of additional payment for night work is 20 percent of the tariff rate, the salary calculated per hour of work. Specify the specific size in collective agreement, local act or employment contract.