How night hours are counted. How is work at night paid for?

For workers engaged in work with harmful conditions labor, where a reduced duration of working time is established, as well as for workers with a special nature of work, the maximum permissible duration of daily work (shift) cannot exceed: 1) with a 35-hour working week - eight hours; 2) for a 30-hour week or less, six hours. Art. 116. Duration of work on the eve of public holidays and holidays. On the eve of public holidays and holidays (part one of Article 147), the duration of the work of employees is reduced by one hour. If, under the terms of production, it is impossible to reduce the duration of daily work (shift) on the eve of holidays, employees should be provided with an additional day of rest as overworking hours accumulate. Art. 117.

What work counts as night work?

A fairly large number of people work at night, from workers in continuous production to security guards and truckers. We will try to familiarize ourselves with some aspects of work at this time of day in this article. The content of the article

  • Regulation according to the Labor Code of the Russian Federation
  • How is it paid?
    • Calculation with hourly wages
    • Calculation with a salary scheme
  • Who is not allowed to it?
  • Attraction procedure

Regulation according to 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 involving shifts at night, puts a signature under the consent to exit during this period. The Labor Code explains about the duration of such work: the length of the night shift is one hour less than in another period of the day.

How long does it work at night

And this is an important condition of the employment contract, which must be agreed and spelled out in advance. It is especially important to fix the mode of work shifts for those persons whose schedule differs from the general one established for the rest of the team members of a given organization or enterprise in terms of working hours. What is the payment procedure for night hours? It is also defined in employment contract with the employer.


Attention

When by shift work usually some part (or all of it) falls on the time from 10 pm to 6 am. Payment for night shifts is always higher than that for daytime employment. When concluding an employment contract, pay attention to an important point.


The document must indicate which hours of operation are considered to be night. Also, the schedule and alternation of shifts are negotiated with the employer.

Work at night according to the labor code (nuances)

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 to persons who perform their job duties in the specified period, an increased amount is guaranteed. The specific amount of payment can be determined in the contract with each employee, collective agreement or other normative act of the organization. However, in any case, the payment for night hours cannot be lower than the minimum established Russian legislation about labor.
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 the execution professional responsibilities in nighttime. Mode of operation The mode in which an employee will work is determined by an agreement with the employer.

Working time, its duration. what is the night time?

Therefore, for example, for employees of enterprises road transport, which are not covered by the Industry Agreement, the premium is set at 35 percent of the hourly wage rate (salary) for each hour of work at night in accordance with the order of the Council of Ministers of the RSFSR dated September 6, 1991 No. 985-r. For the information of readers, the federal legislation established the following amounts of additional payments for work at night:

  • v bakery industry- 75%, in the pasta industry - 50% of the hourly tariff rate (salary) for each hour of work (Resolution of the USSR Council of Ministers of October 23, 1986 No. 1275);
  • in the main workshops at enterprises textile industry- 75% of the hourly wage rate (salary) for each hour of work (decree of the Central Committee of the CPSU and the USSR Council of Ministers of March 1, 1982 No.

Night labor

Article 149 of the Labor Code of the Russian Federation indicates that a worker in conditions that are not recognized as normal (including at night), an employee should be charged additional payments provided 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 according to 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 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 pay for night time is determined by the RF Government Decree of 22.07.2008 No. 554 and is 20 percent of the additional payment to the hourly wage rate (salary).

Payment for night hours in the shopping mall of the Russian Federation. how is the night time payment made

According to the Labor Code of the Russian Federation, the duration of work at night should be shortened by one hour (without further working off). When work takes place without shortening the shift In some cases, the duration of the shift is not shortened, even if part or all of it falls on night hours. This is allowed when working on a six-day basis with one day off per week.

With this mode, the duration of the night shift is equal in time to the daytime. There is no reduction even if the 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 charged for night shifts according to the Labor Code of the Russian Federation.

Organization of work at night and wages

The employer, however, is not tied to such a calculation procedure and can establish it in a different form and size, but only if the statutory level is exceeded. For some professional categories of workers, the additional payment for night shifts is established by special regulations departments or orders of the Government in an amount exceeding minimum amount such rewards. So, for employees of medical institutions, such an additional payment is 50% of the hourly salary.
And employees of the paramilitary, fire brigade and the penal system are entitled to 35% of the specified salary. Rules for calculating increased pay The procedure for how night hours of work are paid is spelled out in Resolution No. 554.

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Quite a large number of citizens exercise their labor activity in such a specific time period as night, which is quite naturally associated with certain difficulties. So legal regulation work carried out during the mentioned period has its characteristics, which will be discussed below. Content:

  • 1 Basic provisions
  • 2 Who cannot be involved in night work
  • 3 Payment for night work
  • 4 Some features

Basic Provisions Work at night is allowed by Labor Legislation Considering the question of what time is considered to be night, first of all, it should be mentioned that the legislation provides for the opportunity to work at night, which, according to part 1 of Art.
When employing persons of a special category for a position whose duties are related to night work, employers may include in the contract a text notifying the person of the right to refuse. In the event of a periodically arising need and the absence of a reference in the contract, voluntary consent to the performance of duties at night is requested from the employee before each shift. The approximate text of the address to the person: “Larisa Petrovna, we bring to your attention about the need to attract to work in night shift, from 10 pm on March 10, 2015 to 6 pm on March 11, 2015.

Important

At the same time, we inform you about the right to refuse to perform duties at the specified time. Please indicate your agreement or disagreement with the proposed work schedule below, under the text of the working note. " From what hour is considered The period from 22 o'clock refers to the night time of the day.

Labor protection what time of day is considered night time

Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of February 12, 1987 No. 194 "On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift mode of operation in order to increase production efficiency" (hereinafter - Resolution No. 194). According to clause 9 of Resolution No. 194, workers, foremen, heads of sections and other departments, specialists and employees working in two- and three-shift mode at enterprises and organizations of industry, construction, transport and communications, as well as in the processing industries of the agro-industrial complex, are set additional payments for work on the evening shift in the amount of 20 percent, and for work on the night shift - in the amount of 40 percent of the hourly wage rate (official salary) for each hour of work in the corresponding shift. Resolution No. 194 can be applied at the present time by virtue of the provisions of Art.

However, in some cases, there is no reduction in the length of the shift. This is what the code explains: the duration of work at night is equal to its duration during the daytime when shift schedule in a six-day week with one day off. The Labor Code does not name the list of such jobs, explaining that this can be stipulated by the collective agreement of the enterprise and local regulations. It also clarifies that the period of work at night is not reduced for those workers who have already had a reduced shift duration, and for those 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 employee labor process from 22 to 6 hours must be paid in an increased amount compared to the day shift.

Night work has certain limitations.

First of all, this concerns the time frame, as well as the impossibility of attracting certain categories of employees to work during this period. The provisions enshrined in Articles 154 and 96 of the Labor Code of the Russian Federation are regulated at night. However, Article 154 raises many questions, and its implementation is often checked by the labor commission, since no one is immune from violations.

V Russian Federation According to the Labor Code, night time refers to the period from 10 pm to 6 am the next day. At this time, it is officially forbidden to listen to loud music, make repairs, etc. Work during this period of the day refers to. In some organizations, where the shift lasts until 11 pm, employers often neglect their obligations and do not pay an increased rate for the hours worked. This should not be so, even the interval from 22 to 23 hours should be paid in accordance with the provisions enshrined in article 154 of the Labor Code of the Russian Federation.

Who is contraindicated to work at night?

In accordance with the law, work at night is considered unfavorable. Consequently, there are certain categories of citizens who are prohibited by law from working during this period, or for such work, the official consent of the employee is required. At the legislative level, night work is prohibited:

  • pregnant women;
  • employees who.

An exception may be activities related to the creation of works of art.

Who can only be recruited into night work with consent?

The list of categories of citizens who need protection does not end there. The legislation distinguishes another category of employees, whom it is allowed to engage in work at night only with their written consent. In addition, workers in this category should be aware that they have the right to refuse such work.

This list includes:

  • disabled people;
  • employees who;
  • workers raising toddlers under the age of 5;
  • workers who care for the sick.

The procedure for remuneration of labor at night

This issue is regulated by law, and specifically by articles 154 and 96 of the Labor Code of the Russian Federation, and has its own characteristics. There are the main methods that determine the increased wage rate:

  • In accordance with the law, night wages are regulated by the Labor Code of the Russian Federation. The provisions of Article 154 of the Labor Code of the Russian Federation stipulate that the minimum additional payment should be 20% of the salary. Earlier, before the adoption of the Government's decree, this minimum rate was 40%. This amount of payment may vary, but only in accordance with regulations. In general, the amount of payments depends solely on the organization, but at least 20% must be paid in any case.
  • The amount of additional payments for the night is determined mainly by the employment contract or other internal documents of the organization. This can be either a one-time order or a prescribed item in a labor or.

Such conditions can most often be found in companies where the specifics of the activities imply a shift work schedule.

Art. 96 of the Labor Code of the Russian Federation establishes the provision that says: work at night should be one hour less than the same work on the day shift.

The same goes for public holidays. The reduction of the work shift is mandatory and enshrined at the legislative level. Departure from the established provisions is possible only in the following cases:

  • If the employees are already working.
  • Reducing shift hours is not possible due to certain features of the organization's work. These can be specific working and production conditions.

Certain activities, such as security, involve working at night on an ongoing basis. In order to save management from unnecessary numbers and calculations, an employee is initially charged 20% or more. Thus, employees who work regularly at night are automatically paid a higher salary.

Often, medical workers also work the night shift. Health care work has its own characteristics. At the legislative level, provisions are laid down that for medical professionals an additional payment of 50% of the salary is carried out. Ambulance workers are paid an additional payment of 100%. However, the amount of payments still depends on the solvency of a particular medical institution... However, the minimum rate of 50% must be paid anyway.

The mandatory supplement for night work for other categories of employees cannot fall below the minimum threshold of 20%, however, for certain types increased tariffs are also set for activities. These categories include:

  • Military, fire and security guards - 35%.
  • Employees of housing and communal services and public services - 35%.
  • Immigration control staff - 35%.
  • Railway employees - 40%.
  • Employees educational institutions, as well as workers in the field of health care, culture and social protection - 35%.

The leader is assigned the responsibility of monitoring and accounting for night shifts and overtime in order to pay full wages on time. Some executives neglect this rule.

If an employee notices non-compliance with the provisions of the articles, he has every right to file a complaint.

Presently, Labour Inspectorate conducts special control, because the number of violations exceeds the norm. Employees are unaware of their rights and employers are trying to hide from their responsibilities. Many employees prefer to work in the second half of the day, as wage may differ significantly from the same salary for a day shift. However, it is always worth remembering about your rights and obligations, any work should be paid at its true worth and not cause serious harm to human health.

Before attracting an employee to work at night, legislation obliges the employer to obtain written agreement from an employee. With employees, for whom it is permanent at night, clauses on night shifts are negotiated and enshrined in an employment contract. An order is issued for one-time work.

Working directly at night for employees has both positive and negative aspects. The main positive aspects include:

  • the possibility of receiving high wages;
  • enough time for other, "daytime" activities;
  • low, and in some cases a complete lack of management control.

The main disadvantages of employees working night shifts include:

  • lack of a full day regimen and, as a result, healthy sleep;
  • lack of opportunity to communicate with family, friends due to differences in work schedules;
  • if work at night is hard, then the weekend is usually spent on recuperation, and, therefore, there will be virtually no free time;
  • it is quite difficult to adjust the body to an unstable schedule;
  • lack of communication as such with colleagues, clients, and so on.

This list is general, because each organization, each job has its own characteristics.

It will be interesting for you

Not all people have a work schedule that is "office" hours from 8 to 17 from Monday to Friday. A large number of citizens work differently, including with night shifts.

Since the human body needs rest at night, work during these hours is due to an increased (compared to daytime shifts) pay. How exactly such work is paid and how the salary should be calculated according to the Labor Code of the Russian Federation - we will consider below.

What time is the night working time?

Important: according to article 96 of the Labor Code, hours from 22:00 to 06:00 are considered night hours. Total working hours per week (only night or night + daytime, if shift work) should not exceed 40.

According to the same article, night shifts should be 1 hour shorter than daytime shifts. For example: if an employee performs his duties for 8 hours during the day, at night - he must work no more than 7 hours. The only exceptions are those citizens who were officially employed on night shifts. Such conditions are usually notified upon employment, so before signing, it is imperative to clarify the schedule.

Just in case, let's make a reservation: hours from 18:00 to 22:00 are considered evening hours. They are also supposed to be paid extra for them (+ 20% for each hour compared to daytime hours) if the enterprise operates in the field of construction, industry, transport, communications, processing industry of agriculture.

Who can be recruited to work at night?

They can be attracted to work at night under the following conditions:

  1. If a shift schedule is specified in the employment contract... In this case, the employee must leave according to the schedule, without any additional orders.
  2. If the employee has no contraindications for night shifts and the grounds for involvement do not require obtaining consent from him. In this case, the management must issue an appropriate order indicating the date and number of night hours and familiarize the employee with it.
  3. If the employee has no contraindications, but attraction is possible only with his consent... In this case, the employee must give written consent. In most cases, this is a pure formality - if the authorities ask a person to go out into the night, then there is a need for this. Of course, according to the law, this can be refused, but in some situations the refusal can ruin the relationship with the management. As a result, it may be damaged in the future.

Separately, we should consider the conclusion to work on the night shift overtime. The employee has no right to refuse this if:

  1. The task is related to the prevention or elimination of the consequences of accidents;
  2. The task is related to troubleshooting problems that can lead to an accident;
  3. The task is related to the elimination of the consequences caused by the natural disaster;
  4. The work is conditioned high degree public benefit (talking about the restoration or repair of communication networks - power lines, gas pipelines, water pipelines, sewer pipes, communication channels);
  5. The task is connected with the threat of some kind of disaster or with the elimination of its consequences (fire, flood, earthquake, and so on). For participation in such events can be issued.

With the consent of the employee, during the night shifts, you can display:

  • disabled people;
  • workers with disabled children;
  • nursing workers;
  • workers who are the parents or guardians of a child under 5 years of age.

How is night work paid?

The procedure and amount of payment are regulated by article 154 of the Labor Code of the Russian Federation. According to her, work at night is paid with a surcharge of at least 20% of the hourly daily rate. This is the basic indicator, below which the payment cannot be lowered. But it is possible to increase the premium (which should be reflected in collective agreement, employment contract or regulation).

The most common indicator for Russian enterprises is a surcharge of 40% additionally for each hour. The result (total amount) depends on:

  • the number of hours worked in the period from 22:00 to 06:00;
  • the established percentage markup;
  • employee salary / hourly wage rate.

An example of calculating wages at night

Let's give an example of calculations. Let's say the foreman of the locksmith's brigade has a watch tariff rate is 223 rubles. The work schedule is a standard 40-hour week from 08:00 to 17:00. Suppose that in total for a month he worked 178 hours, of which 10 were overnight (for example, work on repairing a compressor had to continue around the clock). The employment contract states that such shifts are subject to a surcharge of 30%.

We carry out the calculation:

  1. Determine the monthly payment at the rate: 178 x 223 = 39694 rubles.
  2. We determine the surcharge for night hours: 10 x 223 x 0.3 (30% surcharge) = 669 rubles.
  3. Determine the amount that the employee will receive in his hands: 39694 + 669 = 40363.

In total, for a working month with 10 night hours, the employee will receive 669 rubles of allowances.

Summing up

The need to work the night shift may arise even for those employees who work according to the schedule. In such cases, it does not hurt to know whether the employer has the right to take you out at night, and on what conditions. It is also useful to understand how the payment for such shifts is calculated.

Remember: about the work schedule, as well as the frequency and duration of night shifts (exact or possible), you need to find out in advance - at the interview.

Every person after working day wants to rest in peace and quiet. Also, silence after 23:00 is necessary if there are small children in the house who sleep on schedule, or older people who are used to going to bed early. Residents of the house must follow the rules, otherwise they face a decent fine. It is a mistake to believe that if neighbors complain about excessive noise, it means that they are harmful and scandalous. The fact is that doctors believe that at 150 dB a person can lose hearing. That is why there are noise limits that cannot be exceeded. Otherwise, the offender can be brought to administrative responsibility. It is not difficult to avoid conflict, it is enough just to comply with the norms and not make noise at night.

Noise and Silence Law Regulation 2019

  • screams and loud conversations;
  • the use of pyrotechnics;
  • carrying out repair work in the house, disturbing the peace of citizens (including not only neighbors);
  • carrying out construction work in a nearby location or directly in the residential building itself (including in the daytime);
  • the use of sound amplifiers (day and night during prohibited hours) in public places and by car;
  • loud music or singing;
  • repeated triggering of alarms on cars;
  • loud household appliances;
  • loud noises emitted by animals will also cause the punishment of citizens - their owners, etc.

Quiet hour in an apartment building

Each owner of a dwelling located in apartment building, has the right to rest. But very often, night parties of young neighbors and ongoing work on the improvement of the apartment can disrupt it. And not always private negotiations can give the expected results.

What working hours are considered to be night and what is the duration of work (shift) at night

The duration of work (shift) at night, as a general rule, is reduced by 1 hour (part 2 of Art. 96 of the Labor Code). Night shifts, the duration of which must be reduced by 1 hour, are shifts in which more than half of the working time falls on night time (from 10 pm to 6 pm).

Terms of payment for evening and night work hours

The clarification of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions No. 294 / 14-38 of 05/07/1987 is in force, which states that if the work at the enterprise is organized in several shifts, the duration established by law, and more than half of the shift falls on night hours, then all of it is considered night. Accordingly, workers can receive additional payments and not for night hours.

Silence law

Before planning repair work, a citizen should study the law and all the amendments made to it. Being prepared will help you avoid conflict situations with neighbors and know your rights. The legislation of the Russian Federation stipulates that repair work should begin at 9:00 and finish at 19:00.

New Federal Law "On Silence" in Russia

According to the law, the application is drawn up in free form, in compliance with the rules for processing business documents... You need to write on your own, clearly and clearly, without using intricate literary forms. Remember that the appeal is official, so you need to choose the appropriate writing style. The statement consists of several parts:

Administrative penalty for breaking silence and noise at night

This law regulates the permissible level of noise during the night and day. Although it is recommended to negotiate peacefully with persons violating the silence, every citizen has every right to apply to the police with a statement to bring the troublemakers to administrative responsibility.

What work is considered work at night

Article 154 of the Labor Code of the Russian Federation explains that the work of a person engaged in a labor process from 10 pm to 6 pm should be paid in an increased amount compared to the day shift. The exact amount of the additional payment is stipulated in the collective or labor agreement. The remuneration for activities in a given period cannot be less than minimum size increase in pay for work at night, set by the Russian Government.

More about the administrative fine for breaking silence at night

  • switching on high power devices that reproduce sounds: TV, radio, music center, etc .;
  • playing musical instruments;
  • singing, laughing, shouting, whistling, stomping, knocking and other noisy actions;
  • rearrangement of furniture, repair, construction, work on unloading and loading of building materials, etc.
  • pyrotechnics, car alarms, glass breakage and other actions.

Apartment noise law: what's new

  1. Noisy work. This includes not only repairs, but also loading work if they exceed the permissible noise level.
  2. TV set. At night, it is forbidden to watch TV with the volume turned on. This includes radios, stereos and radios.
  3. The use of pyrotechnics. An exception is the night from December 31 to January 1.
  4. General noise. This includes musical instruments, shouting, stomping, whistling, and other noisy activities.

Law on violation of peace and quiet of citizens at night 2015

The Constitution of the Russian Federation states that the rights of one person cannot be used to the detriment of others. Federal legislation on silence in the country enshrines the obligation of citizens to comply with sanitary standards in their homes, to bring offenders to all kinds of responsibility for violation of silence, peace, sanitary standards, etc.

Silence Law - 2019 Amendments

Hello, tell me please, I live on the 1st floor, teenagers are constantly sitting on a bench under the windows playing cards and screaming and swearing loudly, in the daytime, when I have a small child sleeping from 14.00 to 16.00, they do not understand words I'm tired of swearing, I've been putting up with this for a month! tell me what to do?

Article 96 of the Labor Code of the Russian Federation

4. Refusal of workers to work at night should not be regarded as a violation of labor obligations. The inadmissibility of attracting these categories of workers to work at night also applies to those cases when only part of the shift falls on the night.

What time is considered night, what is the duration of work at this time, and also how it should be paid

Analyzing the question of what time is considered night time, it is necessary to emphasize that the provisions of the current labor legislation establish certain categories of employees who cannot be involved in work that is provided exclusively at night.

Daily work - by Labor Code rest time under this regime is not specifically regulated, employers are guided by general rules Section V of the Labor Code of the Russian Federation. How many and what should be the breaks during daily work, read in this article.

Daily work concept

Daily work is understood as the performance by an employee of his job duties within 24 hours. There are no prohibitions regarding such a regime in the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), but when establishing it, the following must be taken into account:

  • an employee must work no more than 40 hours per week - part 2 of Art. 91 of the Labor Code of the Russian Federation (about who has a shorter duration working week, read in our article "Reduced working hours (nuances)");
  • during the week, the employee must have a continuous rest of at least 42 hours (Article 110 of the Labor Code of the Russian Federation).
  • not all categories of workers can be involved in shift work with a duration of a day due to the presence of restrictions on the length of the working day / week for certain categories of workers (minors, disabled people, etc. - Articles 92, 94 of the Labor Code of the Russian Federation) - see block -scheme below;
  • not all categories of workers can be recruited to work on such a schedule due to the ban on recruiting them to work at night - Art. 96 of the Labor Code of the Russian Federation (for more details, see our article "Payment for night work according to the Labor Code (nuances)").

How to schedule work and rest during daily shifts?

The most common schedules in practice are a day after 2 and a day after 3. With such schedules, the requirement for a 40-hour week is violated, therefore, the employer introduces a summarized accounting of time provided for in Art. 104 of the Labor Code of the Russian Federation.

Risks! According to Art. 104 of the Labor Code of the Russian Federation, if it is not possible to comply with the daily and weekly working hours, the employer counts the hours worked for the accounting period and controls that they do not exceed the established norm for the accounting period.

The procedure for introducing the summarized accounting of working hours is regulated by the internal labor regulations. Accordingly, these rules also determine the accounting period - a month, a quarter, half a year or a year. It is not allowed by law to take into account hours worked more than a year (for workers in the industry with harmful conditions, the limit is 3 months - part 1 of article 104 of the Labor Code of the Russian Federation).

Note! Thanks to time tracking, unworked hours can be overlapped with overworked ones.

The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers.

Consider, using a specific example, the rules for scheduling daily work, for example, for April 2019:

  • scheme - after 3 days;
  • accounting period - month;
  • the number of working days according to the calendar of a five-day working week - 22;
  • the number of hours in a month that accounts for the reduction in working hours in April 2019 - 1 hour.

The calculation of the norm of working hours for a month is made in accordance with the Calculation Procedure ..., approved. by order of the Ministry of Health and Social Development dated 13.08.2009 No. 588n:

Rate of hours = (40 hours x 5/22) - 1 hour = 175 hours.

The shift schedule for the month is presented below (C - shift, B - day off).

Working hours and rest times with a daily schedule

The start and end time of work is indicated in the internal regulations and, if necessary, in the employment contract.

According to the Labor Code of the Russian Federation, with a daily work schedule, the rest time is no different from the rest time in other operating modes. It is established taking into account the provisions of Ch. 18 Labor Code of the Russian Federation:

  • during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes, which in work time does not turn on (part 1 of article 108 of the Labor Code of the Russian Federation). If an employee is on a shift of 24 hours, then during this time, then, for example, the internal labor regulations may provide for 2 breaks of 1 hour or 4 breaks of 30 minutes. etc.;
  • if the employer cannot provide the employee with the opportunity to leave workplace and use the rest time at your discretion (which is most often the case with daily work), then the time of eating and resting will be included in the work.

Note! In accordance with the above, the time sheet may indicate a 22-hour shift (for example, if the employee is given 2 hours for a break during the shift and the employee can leave the workplace) or 24 hours (if the employee could not be absent from workplace).

The weekend is 2 or 3 days (depending on the mode) after 24 hours worked.

Important! Common weekend (Saturday, Sunday) or holidays when a shift occurs on them, they are not days off, because the employee works according to his own schedule and the days off for him are determined precisely in accordance with such a shift schedule.

Is the daily schedule a shift work

The daily schedule can be set not only for shift work, but also in a flexible schedule provided for in Art. 102 of the Labor Code of the Russian Federation. How they differ - see the table below.

Criteria

Shift work

Flexible working hours

How is the schedule drawn up

By the employer with the approval of the trade union, etc.

By agreement of the parties

Is it possible to put an employee in 2 shifts in a row

You can, with the consent of the employee

What makes up overtime (overtime)

Of the hours of work after the shift within the framework of Art. 99 of the Labor Code of the Russian Federation + in excess of the norm established for the accounting period

Hours in excess of the norm established for the accounting period

Is the summarized accounting of working hours introduced?

Necessarily

Necessarily

Is the shift at night reduced by an hour

Is shrinking

Does not shrink

How is the shift on a holiday paid

Not less than double the size

Who can not be bet for a day

Pregnant women, minors, disabled people with children under 3 years old, etc.

Note! Regardless of the type of regime in force at the enterprise, the employee retains his labor rights and guarantees. For example, if you do not show up for work on valid reasons(sick leave, etc.) the employee is not obliged to work off the missed shift. Of course, all other guarantees provided for by the Labor Code of the Russian Federation are also retained (the right to annual paid leave, due to the reduction of compensation and payments, etc.)

Remuneration for daily work

Remuneration for flexible and shift work has the following features:

  • actual hours worked are paid: salary or rate;
  • work at night is paid at a higher rate in accordance with Art. 154 of the Labor Code of the Russian Federation (in 2019, the increase occurs at least in the amount of 20% of the salary / hourly rate for each hour of the night time - see the decree of the Government of the Russian Federation of July 22, 2008 No. 554);
  • a weekend holiday, on which the shift fell, is paid at a double rate (except for cases when the employee is given a day of rest for work on a weekend holiday - in this case, payment is made in a single amount). If only part of the shift fell on a weekend holiday, then only the hours actually worked on that day are paid at a double rate (part 3 of article 153 of the Labor Code of the Russian Federation) - you can read about the intricacies of the calculation in the article "How to pay for holidays with a shift schedule ? " ;
  • overtime work for the first 2 hours is paid at a rate of 1.5, subsequent work is paid in double (Article 152 of the Labor Code of the Russian Federation).

Note! All rates / surcharges / increases can be changed by local acts in a larger direction than those established by the Labor Code of the Russian Federation.

Shift work is so specific that when calculating the amount of hours actually worked, the employee runs overtime. In this regard, the employer needs to carefully consider the following points:

  • he is responsible for accurate accounting of the processing of each employee (part 7 of article 99 of the Labor Code of the Russian Federation);
  • overtime work should not exceed 120 hours per year (part 6 of article 99 of the Labor Code of the Russian Federation);
  • work on weekends and holidays does not apply to overtime (part 3 of article 152 of the Labor Code of the Russian Federation).

To determine the exact amount of payment for overtime work it is recommended to make calculations under this item at the end of the accounting period.

So, the rest time with a daily work schedule is lunch breaks, following several days after work (established by the internal labor regulations), vacation. Saturday, Sunday and public holidays are not considered weekends and overtime. In this case, the worked weekends according to the schedule and holidays are paid in double amount (or in a single amount, provided that the employee is additionally provided with a day of rest).