If the specifics of the enterprise require the need to work at night, the employer may involve employees for such work. At night, a person must sleep, which means that during night work the body endures additional loads. Obviously, such work should be paid in a special way. Our article on how night work is paid.

How is night work paid?

Night time is the period from 22:00 to 06:00 (Article 96 of the Labor Code of the Russian Federation). Wherein working time including night time, should not exceed 40 hours a week.

According to labor legislation, the duration of work at night is 1 hour shorter, without the need for further work. If, for example, the day shift lasts 8 hours, the night shift should be no more than 7 hours. This rule does not apply to those employees who were hired specifically for night work(for example, for part-time work at night with daily pay), or for those who have a shorter working time (employees under 18 years of age, disabled people of groups I and II, people employed in hazardous and dangerous work, etc.). It also does not apply where a shift schedule is adopted with a 6-day working week with one day off.

For night work, each hour of it must be paid additionally: Decree of the Government of the Russian Federation of July 22, 2008 No. 554 establishes the minimum amount of additional payment for night hours, which is equal to 20% of the hourly tariff rate, or salary calculated per hour of work. The employer can set the same or a higher percentage of the surcharge by fixing it in the collective agreement, employment contract, other internal regulatory act with the approval of the trade union (Article 154 of the Labor Code of the Russian Federation).

Involving employees in night work, the manager must issue an order indicating the persons working on the night shift, as well as the amount in which they will be paid additional night hours.

Example

An employee with a salary of 50,000 rubles. with a 40-hour working week, March 2017 fully worked, which is 175 working hours according to the standard. Of these, 6 hours, due to production needs, had to work at night. The surcharge for night work established by the order is 20%. What will be the employee's salary for March?

Let's determine the hourly rate in March 2017: 50,000 rubles. : 175 hours = 285.71 rubles. in hour.

Payment for work at night: 285.71 rubles. x 1.2 x 6 hours = 2057.10 rubles.

March salary: RUB 285.71 per hour x (175 hours - 6 hours) + 2057.10 rubles = 50 342.09 rubles.

Overnight pay for shift work

In shift mode, work is carried out in 2 or more shifts when manufacturing process longer than the permissible norm of working time, it may also be necessary to increase the volume of products, rational, effective use equipment, etc. A shift schedule is established for a certain group of employees, not forgetting to comply with working time standards.

Employees working on a shift schedule are paid at night, falling on the entire shift, or part of it, is made in the same way as described above.

Example

The company introduced a shift work schedule: the day shift lasts from 9-00 to 22-00, the night shift - from 22-00 to 9-00. Surcharge for "night" is established by order of the director - 25% of the tariff rate. The hourly wage rate of an employee is 200 rubles. in hour. In March, the employee went to the second shift 4 times. Calculate the amount of extra pay for night work in March.

Night time lasts from 22-00 to 6-00, which means that there were 8 night hours for each shift, and in total 32 night hours were worked in March (8 hours x 4 shifts).

Surcharge to the tariff rate during night hours is: 200 rubles. x 25% = 50 rubles.

"Night" surcharge in March will be: 50 rubles. x 32 hours = 1600 rubles.

If night work is overtime

When night work takes place outside normal working hours, it must be paid not only as night work, but also as overtime. For the first 2 hours of such work, the salary is charged at one and a half times, and for the next hours - at a double rate (Article 152 of the Labor Code).

Example

Let's take the data from the previous example, assuming that the last night shift of the worker accounted for 6 hours of processing in March. They fell on the time from 3-00 to 9-00, of which 3 hours are considered night time (from 3-00 to 6-00).

The employee for this shift will be charged 25% of the tariff rate of the surcharge for night hours from 22-00 to 6-00, and the first 2 hours of processing (from 3-00 to 5-00) will be paid in one and a half times, and in double the amount other excess hours of work (from 5-00 to 9-00). Calculate the cost of the change.

Payment from 22-00 to 3-00: 200 rubles. x 5 hours = 1000 rubles.

Payment for work from 3-00 to 5-00: 200 rubles. x 1.5 x 2 hours = 600 rubles.

Payment from 5-00 to 9-00: 200 rubles. x 2 x 4 hours = 1600 rubles.

Surcharge for work "at night" from 22-00 to 6-00: (200 rubles x 25%) x 8 hours = 400 rubles.

In total for the shift, the employee was credited: 1000 rubles. + 600 rub. + 1600 rub. + 400 rub. = 3600 rubles.

A fairly large number of people work at night, ranging from workers in continuous production to security guards and truckers.

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

Regulation 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 shifts at night, puts his signature under the consent to leave during this period. About the duration of such work Labor Code explains: the length of the night shift is less than one hour than at other times of the day.

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

This is what the code clarifies: the duration of work at night is equal to its duration during the daytime with shift schedule a six-day week with one day off. The Labor Code does not name a list of such jobs, explaining that this may be stipulated by the enterprise and normative documents local importance.

It is also clarified that the period of work at night is not reduced for those workers who have already reduced the duration of the shift, and for persons hired at night.

You can learn some of the nuances of such activities and time tracking from the following video:

How is it paid?

Article 154 of the Labor Code of the Russian Federation explains that the work of an employed labor process from 10 p.m. to 6 a.m. must be paid at an increased rate compared to the day shift. The exact amount of the additional payment is stipulated in the collective agreement or in the employment contract. The remuneration for activities during this period cannot be less than the minimum amount of the increase in pay for night work established by the Russian Government.

The government establishes 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 Decree of the Government of the Russian Federation No. 554 of July 22, 2008, which states: the minimum is an additional payment of 20% of the hourly rate or salary calculated for one hour. But the upper bar is not set by law, that is, the organization itself can choose how much to increase the payment for work at night.

The decision to increase must be fixed in the collective agreement in force at the enterprise, and in labor agreement concluded with the performer. The employer, signing the amount of additional payment for such work, gets acquainted with the position of the representative body of the team.

35% Employees get paid:

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

50% receive additional payments:

• workers making pasta.

75% pay employees:

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

100% receive additional payments:

• workers in the bakery, flour and cereal industries.

Calculation for hourly wages

Compensation for work at night 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. That is, an hour now costs 120 rubles, and an eight-hour shift costs 960 rubles (the entire surcharge per night is 160 rubles).

Payroll calculation

Suppose an employee is registered with a salary of 20 thousand rubles. In the billing month, he has 22 shifts of 8 hours, of which six shifts are night shifts. The average daily income will be:

• 20,000/22 = 909.1 rubles.

• 909.1 x 20% = 181.82 rubles.

The total amount of the supplement:

• 181.82 x 6 = 1090.92 rubles.

Given that the monthly number of night shifts can turn out to be different, the surcharge also varies.

It happens that work at night is superimposed on a holiday. How is the shift paid in this case? The Labor Code of the Russian Federation explains that a person working on a holiday that is a non-working day will receive a total surcharge - for work and, and at night. As a result, it turns out: the main rate + an additional payment of at least a single rate for hours falling 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 it?

The specificity of such work lies in the fact that there is a circle of persons who, in accordance with the law, are not allowed to work.

Night work is not allowed:

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

Some types of workers may be admitted to such work only if they written consent and only if they have no contraindications due to the state of health.

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

• women raising children under the age of three;
• disabled people, parents of disabled children, employees who take care of sick relatives, if there is a medical certificate on 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 attracting

When transferring people to shift work, during which night exits also fall out, the employer is obliged to notify them of this no later than one month before the start of the new schedule (the employer should take into account the opinion of the representative body of the enterprise team).

Involving employees to work at night, the authorities sometimes face problems, the resolution of which is not always stipulated in labor law. For example, when applying for a job, the applicant is not required to present a medical certificate. If the employer is going to transfer him to the night shift, the employee, having presented a conclusion that there are restrictions on work during this period, can simply refuse such a schedule without violating the law.

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PROCEDURE FOR CALCULATION OF SUPPLEMENT FOR NIGHT WORK

The performance of work in conditions that deviate from normal is also work at night. Night time is considered to be from 22.00 to 6.00 hours. Increased rates of payment for night work are established by a collective agreement, but these rates should not be lower than the rates provided for by law. The minimum wage increase for night work has been established 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. Decree of the Government of the Russian Federation of July 22, 2008 No. N 554 "On the minimum wage increase for night work" establishes the minimum wage increase for night work (from 22:00 to 06:00) and amounts to 20 percent of the hourly tariff rate (salary (official salary) calculated for hour of work) for every hour of night work. For organizations of various fields of activity, an increased amount of payment can be determined industry agreements regulating labor Relations at the federal, regional and territorial levels. In the communications industry, such legal acts have not yet been adopted, therefore, telecom operators have the right to establish a specific amount of salary increase, taking into account the opinion of the representative body of employees. Since some businesses operate around the clock, accountants are faced with the task of calculating wages for work at night according to the time sheet. It is also necessary to distinguish between work at night in multi-shift and non-shift modes, since such work is paid according to different rules. So, the multi-shift regime does not include, in particular, work when dividing the working day into parts, daily shifts, only night or only evening shifts, one-time, systematic or episodic going to work in night or evening shifts.

For example, an employment contract has been concluded with an employee of a bakery, according to which the employee is hired specifically to work on the night shift. For this employee hours of operation (at night) are not reduced.

Consider examples of calculating payment for night time.

Example 1

The security guard worked 160 hours in a month. Of these, 40 hours were worked at night. Surcharge for night work in the organization is set at 35% of the hourly tariff rate. The hourly wage rate of an employee is 42 rubles.

Payment according to the norm: 42 rubles. x 160 = 6720 rub.

Surcharge for work at night amounted to: 42 rubles. x 40 x 35% = 588 rubles.

Payment for the month was: 6720 + 588 = 7308 rubles.

Please note that if night hours fall on a non-working holiday, then additional payments are made: for work at night - in the manner established by the collective agreement (local regulation), for work on a non-working holiday - in the manner established by Article 153 of the Labor Code of the Russian Federation . Thus, payment for work on a holiday does not cancel the accrual of additional payments for work at night.

Example 2

Security guard in May 2008 only worked 160 hours. In accordance with the shift schedule, the security guard worked on a holiday (May 9) for 8 hours without providing a day off instead of a worked holiday. At night, 40 hours were worked (of which 2 hours - on May 9).

The hourly rate of a security guard is 35 rubles.

Payment according to the norm: 35 rubles. x 160 = 5600 rubles.

Surcharge for work on a holiday: 35 rub. x 8 = 280 rubles.

Surcharge for night work (35%): 35 rub. x 40 x 35% = 490 rubles.

Payment per month: 5600 + 280 + 490 = 6370 rubles.

A situation is possible when the driver works at night - from 22 to 6 hours (Article 96 of the Labor Code of the Russian Federation). Every hour of work at night, in accordance with the requirements of Art. 154 of the Labor Code of the Russian Federation, must be paid in an increased amount, but not lower than the amounts established by labor legislation and other regulatory legal acts containing norms labor law. So, transport enterprises, when setting the amount of payment for work at night for employees working in two- and three-shift mode, can be guided by the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR, the All-Russian Central Council of Trade Unions dated February 12, 1987 N 194 "On the transition of associations, enterprises and organizations of industry and other industries of the national economy to a multi-shift operation in order to increase production efficiency" (hereinafter - Resolution No. 194). This normative act is applied if the work schedules clearly define the multi-shift mode (work during the day in two or more shifts) (Letter of the USSR Ministry of Communications dated 08.09.1989 No. 185-D). The specific amounts of wage increases for night work are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

Example 3

Driver Vorobyov I.S. worked in March 2008 180 hours, including 5 hours at night. The accounting period is a month. The normal number of working hours for the accounting period is 159. The hourly tariff rate of 200 rubles is set for the driver. For each hour of work at night, the driver is paid 40% of the hourly rate. Payment overtime hours produced at the minimum rates established by the Labor Code.

Salary of Vorobyov I.S. will include:

Remuneration for actually worked time - 36,000 rubles. (180 hours x 200 rubles);

Surcharge for night work - 400 rubles. (200 rubles x 40% x 5 hours);

Overtime payment - 4000 rubles. (200 rubles x 2 hours x 0.5 + 200 rubles x (180 - 159 - 2) hours x 1).

The total salary for March will be 40,400 rubles. (36000 + 400 + 4000).

Example 4

The cashier of the store Soloviev V.V. worked in April 2008 for 182 hours, including 58 hours at night. The accounting period is a month. The normal number of working hours for the accounting period is 175. The cashier is charged an hourly rate of 100 rubles. For each hour of work at night, she is paid an additional 35% of the hourly tariff rate. Payment for overtime work is made in the amount of one and a half times the hourly tariff rate for the first two hours of work in accounting period and double for subsequent ones.

The cashier of the store for work in April 2008 was accrued wages:

For the actual time worked - 18,200 rubles. (100 rubles x 182 hours);

For work at night - 2030 rubles. (100 rubles x 35% x 58 hours);

For overtime work - 600 rubles. (100 rubles x 2 hours x 0.5 + 100 rubles x (182 - 175 - 2) hours x 1).

There are cases when an employee sent on a business trip performs a work assignment at night. In such a situation, the question arises as to whether he needs to pay for work at night in an increased amount. Let's try to figure it out. For work in conditions that deviate from normal (in particular, work at night), an additional payment is required (Article 149 of the Labor Code of the Russian Federation). But during the time spent on a business trip, the employee is guaranteed only average earnings (Article 167 of the Labor Code of the Russian Federation). What about surcharges?

Let us turn to paragraph 8 of the Instruction of the Ministry of Finance of the USSR, the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions of 04/07/1988. No. 62 "On business trips within the USSR". It says that an employee specially seconded to work on weekends or holidays is paid at an increased rate. In Art. 149 of the Labor Code of the Russian Federation, among the conditions that deviate from normal, work is named, including on weekends and holidays, as well as at night. Following the logic of the Instruction, an additional payment is due in all cases, including for night work. In order for the employer to be able to pay extra for such work, he will need documents confirming the number of hours worked by the posted worker after 22:00. Such a document may be a letter from the company to which the employee was seconded. It indicates the number of night hours worked by this employee. Based on this document, the employer determines the amount of the surcharge. Considering that the average salary is retained for the employee during the business trip, it is logical to accrue extra pay for night work based on the average earnings.

However, the issue of additional payment for work at night during a business trip is still controversial. There is no normative act that would clearly establish an additional payment for night work on a business trip. Tax inspectors may, during an audit, exclude the amount of the surcharge from the tax base for income tax and charge additional tax.

Let's consider a few more questions using an example: does the monthly norm of working hours decrease if there are night shifts in the shift schedules, and how to calculate compensation for additional rest time on the night shift.

Example 5

During August 2008, the employee worked 5 night shifts with a 40-hour work week. This month's working hours are 168 hours. There is a 35% surcharge for every hour of night shift work.

What is the length of time worked on the night shift that is used to calculate the surcharge: 7 hours x 5 shifts = 35 hours or 8 hours x 5 shifts = 40 hours?

What will be the amount of salary per month: a) at an hourly rate of 60 rubles: 60 rubles. x 168 h + (60 rub. x 35 h x 40%) = 10,920 rub. or 60 rubles. x 168 h + (60 rubles x 40 hours x 40%) = 11,040 rubles? b) with a salary of 10,000 rubles: 10,000 rubles. + (10,000 rubles: 168 hours x 35 hours x 40%) = 10,833 rubles. or 10,000 rubles. + (10,000 rubles: 168 hours x 40 hours x 40%) = 10,952 rubles?

An increased payment is subject to every hour of work at night (part 1 of article 154 of the Labor Code of the Russian Federation). This rule applies whether or not night work is reduced by one hour. Therefore, in this case, the employee must receive an additional payment for all hours worked by him at night. Night work allowance will be:

At an hourly rate of 60 rubles. - (60 rubles x 40 hours x 40%) = 960 rubles;

With a salary of 10,000 rubles. - (10,000 rubles: 168 hours x 40 hours x 40%) = 952 rubles.

Thus, the total amount of the employee's salary will be:

At an hourly rate of 60 rubles. - 11040 rubles. (60 rubles x 168 hours + 960 rubles);

With a salary of 10,000 rubles. - 10 952 rubles. (10,000 rubles + 952 rubles).

We also note that a violation by the employer of labor legislation may entail bringing him to administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of a fine or suspension of activities.

The penalty imposed is: on officials or on individual entrepreneurs- 500 - 5000 rubles, for organizations - 30,000 - 50,000 rubles. The suspension of activities is applied for up to 90 days.

10.11.08

Melikova Daria Pavlovna, consultant of Audit, Consulting and Law + LLC, expert of the Russian Tax Courier magazine

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.

Overnight pay for shift work

Info

In the event that an employee's salary is calculated on the basis of the number of days worked by him, in order to determine the amount of the surcharge, it will be necessary to determine the amount of the hourly tariff rate. To do this, use the following formula: NTS \u003d DS / Nd, where DS is the daily rate, Nd is the number of hours worked per working day. Further calculation is carried out according to the formula given in paragraph 1.

• Based on monthly salary.

If an employee receives wages in the form of a fixed salary accrued for a full month worked, the hourly rate is calculated as follows: NTS \u003d O / Nm, where O is the employee's monthly salary, Nm is the number of hours worked in a month. Further calculation of the amount of additional payment is carried out similarly to paragraph one.

How to calculate night hours from salary: formula

In accordance with the shift schedule, the security guard worked on a holiday (May 9) for 8 hours without providing a day off instead of a worked holiday. At night, 40 hours were worked (including 2 hours on May 9).

The hourly rate of a security guard is 35 rubles. Payment according to the norm: 35 rubles. x 160 = 5600 rubles. Surcharge for work on a holiday: 35 rub. x 8 = 280 rubles.
Surcharge for night work (35%): 35 rub. x 40 x 35% = 490 rubles. Payment per month: 5600 + 280 + 490 = 6370 rubles. It is possible that the driver works at night - from 22 to 6 hours (Art.

96 of the Labor Code of the Russian Federation). Every hour of work at night, in accordance with the requirements of Art. 154 of the Labor Code of the Russian Federation, must be paid in an increased amount, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.

Implementation of payment for night hours in the Labor Code of the Russian Federation in 2018, an example of calculation

Important

Therefore, when this allowance "sits" in the watchman's salary, it cannot be specified. The surcharge must increase for each hour worked at night, and the number of such hours will be different for each month.

The salary is set as a specific amount, which does not allow taking into account the monthly difference in full. Read also the article: → "How to arrange and pay for overtime work?".

Example 1. The guard of the PSC "Shield and Sword" worked 150 hours in a month. Of these, at night - 50. Surcharge for night outs - 35% of the hourly rate (50 rubles).

• Charges according to the norm: 50 rubles.

  
  x 150 hours = 7500 rubles

• Surcharge per night: 50 rubles. x 50 hours x 35% = 875 rubles
• Monthly salary: 7500 + 875 = 8375 rubles.

Important! The law requires that the exact parameters of additives be specified to employees working at night. Surcharges on holidays and weekends Art.

How to calculate night hours

Attention

When Night Shifts Should Be Reduced In general, under labor law provisions, 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:

• accepted for execution 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.

Payment for night hours according to shopping mall rf. how to pay for night time

According to the provisions of the Decree of the Government of the Russian Federation “On the minimum amount ...” dated July 22, 2008 No. 554, the amount of such an additional payment should be at least 20% of the hourly tariff rate charged for similar activities performed during the day. At the same time, the upper threshold of earnings accrued for night work is not regulated by law.
IMPORTANT! The total duration of the work activity of a person employed in any field of activity should not exceed 40 hours per week. In the event that the time worked in the reporting period exceeded the standard established by law, processing is paid at a double rate. Completion bonus labor function at night it also doubles. Similarly, the calculation is carried out in a situation where the worker goes to work at night on holidays or weekends, which are also paid at a double rate.

Rules for calculating man-hours

Symbols relating to day and night hours: Hours of work Documents on the basis of which you can make the appropriate marks in the time sheet Cipher Letter Number Daytime Confirmation of hours worked by management Pass service mark Other I 01 Night The same N 02 All night hours marked in the time sheet at the end of the month summed up. Activities that take place at night are documented in accordance with the forms established in a particular company. Night hours falling on a business trip There are options when a seconded employee is forced to perform his duties at night. For travel time TC in Art. 167 guarantees the calculation of average earnings. Regarding its combination with night activities, the code does not comment.

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If you did not find yourself in the list of inspections for 2015, this does not mean that the regulatory authorities will not come to you in the coming year. In addition to scheduled inspections, there are also unscheduled ones. Please note that from January 01, 2015. penalties for violation of labor laws have increased significantly.
It is forbidden to work at night:

• women who are expecting additions;
• minor workers, except for the special categories provided for by the Labor Code of the Russian Federation and separate federal laws, for example, 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.

NOTE! 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.

His evening shift is from 20:00 to 04:00. According to the schedule, he has 10 such shifts per month. local act enterprises set a 20% share of 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 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. Payment for night hours by the hour when overtime work Production calendar for the accounting month provides for 172 hours worked, and the employee Belchenko L.A.

worked 176.
The law allows night work Despite the fact that most organizations work during the day, the specifics certain types labor provides 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 work hours 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.

If the specifics of the enterprise require that production or customer service does not stop for a minute, one of the employees must perform duties at night. But bringing them to work will require the implementation of certain procedures, which we will consider in the article.

Some regulatory information

The Labor Code 2019 explains what night work is and what it is supposed to do in Art. and . So, he says that night is the time between 22 pm and 6 am. refers to Decree of the Government of the Russian Federation of July 22, 2008 No. 554, which established that for work after 22 pm and before 6 am you have to pay 20% more (such an additional payment for work at night is the minimum approved by law).

But pay 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.

Who can work at night

If we classify all employees, taking as a basis for classification the possibility of involving them in 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 certainly.

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 Art. 96 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.

Permissible duration of shifts

In standard situations, the night shift is 1 hour shorter than the day shift. But there are non-standard situations, and then shifts are not reduced:

• if the employee is legally ( Art. 92 Labor Code of the Russian Federation) works less than 8 hours (for this category, the duration is set from 24 to 36 hours per week);
• if the employee is hired only on night shifts (this condition must be included in the employment contract);
• if the company has a shift regime and a 6-day work week;
• if it is necessary for working conditions.

The amount of surcharges and what are established

Decree of the Government of the Russian Federation of July 22, 2008 No. 554 requires night work to be paid at least 20% higher than day work. However, quite often enterprises, for example, under pressure from trade unions or for other reasons, set their own, increased amounts of allowances. In any case, they must be specified in local regulations - a collective labor agreement or the Rules of Internal work schedule. This rule applies to everyone: the surcharge for night hours with a shift schedule is calculated according to the standard scheme.

Calculation example

AT in general terms about how the surcharge for night time is calculated, says in