Night time is not allowed. Features of work at night under the Labor Code

The operating mode of an enterprise is sometimes subordinated to a continuous technological process. Operations are serviced during a work shift, part of which is at night. For the performance of duties, persons are involved who do not have restrictions in accordance with the provisions.

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Legal basis

The requirements established by international conventions for the protection of workers' rights are reflected in the Labor Code of the Russian Federation. Legislative regulation of work at night is determined by the Labor Code of the Russian Federation. In addition, industry-specific standards apply with regard to labor protection for employees and night work.

Performing duties at night can negatively affect the body. The following are not involved in work at night:

• female workers awaiting the birth of a child (Labor Code of the Russian Federation);
• minors under the age of 18;
• persons with contraindications confirmed by a medical institution. Upon hiring, the person confirms the ability to work night shifts. The statement is marked with the absence of medical contraindications.

Exception set for underage workers carrying out artistic activities to create works and athletes for whom the schedule of competitions and preparation for them is regulated by local acts.

The program includes training, career guidance and on-the-job adaptation. Refusal from the restoration scheme proposed by the enterprise must be made in writing.

Often includes work at night. For an employee, such work carries an increased load, therefore, the payment for it should be higher. Employees are often worried about the issue of payment during shift work, in particular, when they are busy at night.

Let us consider how the laws of the Russian Federation relate to this issue, how accounting takes place when working at non-working hours, how to calculate the payment, and we will show this with a specific example.

The law allows you to work at night

Despite the fact that most organizations work during the daytime, the specifics 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 whole shift falls on the hours usually intended for sleep and rest.

The regulations for the organization and payment of such work are spelled out in Art. 96 and 154 of the Labor Code of the Russian Federation.

What shifts are considered night

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 in the specified time period. Payment for the night rate will be only for the hours that make up this period, the rest will be rewarded, as is customary on day shifts. The definition of "night shift" in this case is significant for resolving the issue of attracting or not attracting a certain category of employees.

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

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

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

Documents for the payment of night work

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

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

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

Special contingent of personnel

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

It is forbidden to work at night:

• women expecting an addition;
• minors working, except for special categories provided for by the Labor Code of the Russian Federation and individual federal laws, for example, those engaged in performances or other events.

You can work at night with written consent:

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

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

Factors Determining the Amount of Pay for Night Shifts

The law establishes a higher wage compared to daytime hours for each nighttime hour worked. The size of this increase depends on several important nuances:

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

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

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

Night on a business trip

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

What if the night is overtime?

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

You need to apply both the overnight surcharge and the overtime ratio, which is 1.5 for the first two hours of overtime and 2 for the next.

Examples of calculations of wages at night

Example 1. Payment for night hours with a fixed salary

Employee Polivanov K.I. with a salary of 25 thousand rubles. per month works on a shift basis 5 days a week (from Monday to Friday). His evening shift is from 20:00 to 04:00. For a month, according to the schedule, he has 10 such shifts. The local act of the enterprise establishes a 20% share of the additional payment for work at non-working hours. We will calculate the amount of the additional payment.

For the accounting month Polivanov K.I. fully worked the hourly norm, corresponding production calendar(170 hours). During the night hours, each shift takes 6 hours (from 22:00 to 04:00), for a month this will amount to 6 x 10 = 60 hours. We need to find the average hourly tariff rate: 25,000 / 170 = 147 rubles. Let's calculate the amount of the night surcharge for each hour: 147 x 0.2 = 29.4 rubles. For 60 non-working hours, you will need to pay in addition to the salary 60 x 29.4 = 1,764 rubles.

Example 2. Paying night hours to the hourly when working overtime

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

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

Let's find how much time was overworked: 176 - 172 = 4 hours.

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

For overtime: for the first two hours in one and a half amount of 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 wages, L.A. Belchenko. should get 720 + 700 = 1420 rubles. additional payments.

New edition of Art. 96 of the Labor Code of the Russian Federation

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

The duration of work (shift) at night is reduced by one hour without subsequent working off.

The duration of work (shift) at night is not reduced for employees who have a reduced duration of working hours, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equal to the duration of work in the daytime in cases where it is necessary for the working conditions, as well as for shift work with a six-day working week with one day off. The list of these works may be determined by a collective agreement, local regulation.

Not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of workers in accordance with this Code and other federal laws. Women with children under the age of three, disabled workers, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation, mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age may be involved in work at night only with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical report. Wherein specified workers should be in writing aware of their right to refuse to work at night.

Work order at night for creative workers of funds mass media, organizations of cinematography, television and video filming collectives, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (display) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, may be established by a collective agreement, a local normative act, labor contract.

Commentary on Article 96 of the Labor Code of the Russian Federation

There are enterprises where the technological process should not be interrupted for a minute, and they work around the clock. For example bakeries or metallurgical plants... Employees of such enterprises regularly go to work at night.

Night time is considered to be from 10 pm to 6 pm (Art. 96 of the Labor Code of the Russian Federation).

Night work is known to have an adverse effect on human health. Therefore, such work is subject to restrictions. All of them are given in the previously mentioned article 96 of the Labor Code of the Russian Federation.

The duration of work (shift) at night is reduced by one hour. For employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement, the duration of work (shift) is not reduced. The maximum working time for workers who work during the week on the night shift cannot exceed 35 hours.

Article 96 of the Labor Code of the Russian Federation contains a provision stating that the duration of work at night is reduced by one hour without further working off.

The duration of work at night is equal to the duration of the day in those cases when it is necessary for the working conditions, as well as in shift work with a six-day working week with one day off. The list of these works can be determined by a collective agreement, local normative act.

Certain categories of citizens are not allowed to work at night, these include: pregnant women; employees under the age of 18, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws.

Women with children under the age of three, disabled workers, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate, mothers and fathers raising children under the age of five years old, as well as guardians of children of a specified age may be involved in night work only with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical report. In this case, these workers must be in writing, against receipt, familiarized with their right to refuse to work at night. Refusal of workers of this category to work at night should not be regarded as a violation of labor duties.

The inadmissibility of attracting these categories of workers to work at night also applies to those cases where only part of the shift falls at night (clause 7 of the Resolution of the Plenum of the Supreme Court of the RSFSR of December 25, 1990 N 6 "On some issues arising when the courts apply legislation, regulating the work of women ").

Also, people with disabilities can be involved in night work with their written consent, if such work is not prohibited for them for health reasons in accordance with a medical opinion (in the recent past, disabled people could not be involved in night work even with their consent).

In addition to the persons mentioned in Article 96 of the Labor Code of the Russian Federation, the following are not allowed to work at night:

1) by general rule women (Article 253 of the Labor Code of the Russian Federation);

2) workers with tuberculosis - if there is a corresponding conclusion of the KEK;

3) single mothers raising children - in the absence of round-the-clock preschool institutions;

The order of work at night for creative workers of cinematography organizations, television and video filming collectives, theaters, theater and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation can be determined by a collective agreement, local regulatory act or agreement of the parties to the employment contract.

Each hour of work at night is paid at an increased rate compared to the same work under normal conditions (Art.154 of the Labor Code of the Russian Federation), but not less than the amount, established by law and other regulatory legal acts. So, by the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of February 12, 1987 N 194 "On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to multi-shift operation in order to increase production efficiency" contradicting the labor legislation of the Russian Federation), the additional payment for each hour of work at night for enterprises with multi-shift work is set at 40% of the employee's wage or salary. In this case, the employment contract may provide for a higher allowance for work at night than established by law.

The Labor Code only speaks of increased pay for night shift workers. At the same time, it is possible to include in the text of the collective agreement a clause on increased wages for workers working in the evening shift.

In this case, you can focus on paragraph 9 of the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions No 194, which was already discussed earlier. It says that the amount of additional payments for work in the evening shift is 20% of the hour tariff rate(official salary) for every hour of work, and on the night shift - 40% for every hour of work.

The employer must make additional payments for night work to employees (for example, gas station operators) who have a cumulative record of working hours and shift work (for example, work in the "three days after day" mode), since Article 154 of the Labor Code of the Russian Federation implies, that the increased rate of payment for each hour of work at night does not depend on the working hours and rest hours. The introduction in the organization of the summarized accounting of working hours or shift work does not affect the payment for work at night.

In relation to individual complexes of the national economy, there are sectoral tariff agreements that establish the amount of additional payments (allowances) for work at night or night shifts (for example, the Sectoral Agreement on the timber industry complex of the Russian Federation for 2003 - 2005, registered by the Ministry of Labor of Russia on December 23, 2002 N 8671 -ВЯ, Industry Tariff Agreement for road transport for 2002 - 2004, registered by the Ministry of Labor of Russia on March 22, 2002 N 1641-VYa, Industry tariff agreement on the chemical, microbiological complex, registered by the Ministry of Labor of Russia on February 15, 2002 N 892-VYa).

Another commentary on Art. 96 of the Labor Code of the Russian Federation

1. Restrictions on the duration of night work is a special case of shortening the working time. Night work adversely affects human health, which is why a number of ILO recommendations call for the limitation of night work. However, to date, in the modern economy, night work is necessary. This is due to the peculiarities technological processes, service requirements for the population (power plants, water supply, hospitals, transport, etc.).

2. Part 2 of Art. 96 of the Labor Code of the Russian Federation emphasizes that the reduction in the duration of work at night is carried out without subsequent working off, i.e. with a corresponding decrease in the weekly norm of working time (norm of working time for the accounting period).

3. Parts 3 and 4 of Art. 96 of the Labor Code of the Russian Federation contain lists of cases when the duration of night work is equal to daytime. The possibility stipulated in these standards legal regulation using the collective agreement and local regulations allows you to find the best ways to regulate the duration of work at night.

4. In accordance with Part 5 of Art. 96 of the Labor Code of the Russian Federation, pregnant women and workers under the age of 18 (with the exception of persons participating in the creation and (or) performance of works of art) cannot be allowed to work at night.

5. Special order attraction to night work is established in relation to some categories of workers listed in part 5 of Art. 96 of the Labor Code of the Russian Federation (women with children under the age of three, disabled workers, workers with disabled children, workers caring for sick members of their families in accordance with a medical certificate, mothers and fathers raising children without a spouse (spouse) under the age of five, as well as guardians of children of this age). If night work is not prohibited for them for health reasons in accordance with a medical certificate, they may be involved in work at night only with their written consent, while the employer is obliged to inform them in writing of the right to refuse to work at night.

The requirements of the law to obtain the written consent of the employee to engage him in work at night and to familiarize the employee in writing with the right to refuse to work at night must be fulfilled by the employer every time there is a need to involve employees in such work.

6. Every hour of work at night is paid at an increased rate compared to work under normal conditions (see article 154 of the Labor Code of the Russian Federation and the commentary to it).

7. The procedure for work at night for creative workers and professional athletes (according to the lists of categories of workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations), established by the collective agreement, local normative act, labor contract, may differ from general rules work at night.

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Not all organizations have the ability to stop production and dismiss workers overnight. Nighttime activities are appropriate for these circumstances.

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

Dear Readers! Our articles tell about typical ways of solving 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 free consultation:

Night time concept

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

Night time in the labor legislation of the Russian Federation is defined as hours from 22 to 6 in the morning, with a 1 hour reduction in the length of work or shift.

Watch the video about night shifts:

Legislative regulation

Night labor ordered:

• Art. .., Labor Code;
• Art. 5.27 of the Administrative Code of the Russian Federation;
• The Resolution "On the minimum amount of increase in wages for work at night";
• Decree “On approval of the list of professions and positions of creative workers”;
• Sectoral agreements on the river fleet, radioelectronic 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 ABO.

The last two cannot run counter to 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

It is certainly forbidden to work from 22 to 6 in the morning for pregnant women. Even with a statement and willingness, the employer cannot leave a woman at such a job.

There are two alternatives:

• appointment to a similar job or to the same one during the daytime;
• withdrawal from work with abandonment, if transfer is not possible.

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

Children under 18

Conditionally, night work 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 fall into three categories:

1. With children under the age of 3;
2. With children under 5 years old 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 employee is not allowed to work at night, 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 according to 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 also have to give a written agreement and submit honey. conclusion allowing you to work at night. The employer introduces them against receipt with the right to refuse. For the rest of the categories, no consent is required.

Sample employee consent:

Peculiarities

Enterprises themselves adopt acts that supplement the number of days off. According to the schedule, a fraction of the time may fall on the night. Labor time is reduced by an hour, which does not need to be finalized. The change 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 different from the federal provisions, therefore, before giving consent, you need to familiarize yourself with the act.

The night shift can be equal to the day shift if:

• it ;
• shift work with only one day off during the week.

Internal contracts indicate 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 in a month.

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

The length of rest after the night shift is not regulated by the Labor Code. At the same time, the principle is universally applied: after a night shift, there should be a rest of a duration equal to two shifts, i.e. if a person has worked 8 hours, he must rest at least 16.

How do I calculate the hours in the timesheet?

Work schedule can be filled in according to forms or documents accepted by the organization. Time can be displayed separately for evening and night. The columns contain alphabetic and numeric codes. For example, alphabetic: "H" or "B", digital "2". The leader can accept his conventional symbols, about which the order is issued.

Example of filling out a timesheet (clickable):

You can fill in the columns for each day. In form T-12, columns 4-6 are filled, in T-13, section 4. 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;
• Enter opening hours in ciphers.

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

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

Payment

Wages for night work will be higher. This is stated in the labor laws. The percentage is also indicated there, less than which the employer cannot make.

The percentage higher can be taken by:

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

By law, the leader approves the surcharge, having listened to the opinion of the trade union and given it.

The Government of the Russian Federation has appointed a 20% increase for work at night. You cannot set it below it. Sectoral agreements establish a higher percentage of the premium (for example, 40% for multi-shift workers in the river fleet).

The calculation is carried out in stages:

We calculate how much is allotted for work during the night part of the day:

Total time - day busy = night time

We calculate the hourly rate:

Rate / total hours = hourly rate

We 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 + over-rate = one hour's work 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:

Opening hours at night:

12-4 = 8 hours

Hourly rate:

1000 / 12 = 83,34

Night work hour:

83.34 x 30% = 25.01

83, 34 + 25,01 = 108,35

Night work remuneration:

8 x 108.35 = 866.80

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

How to calculate the night hours from the 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 employee's night shift falls on, both allowances must be counted.

Night shift registration

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

If taken specifically at night or in shifts:

• introduce the regime;
• sign an employment contract.

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

1. to familiarize everyone with the schedule 30 days before the schedule is entered;
2. issue a transfer order.

Sample order to enter night time:

If an employee belongs to a group for which work at night is conditionally prohibited:

1. report a new schedule;
2. inform against signature about the right of refusal;
3. ask the employee's consent;
4. after the worker provides honey. conclusion on the ability to carry out work at night;
5. an order is issued to transfer the employee to the appropriate schedule.

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

An irregular work schedule is a reality for representatives of many professions. At the same time, it is not only the first responders who are forced to work at night. At the present time, night work is relevant for employees of logistics services, security guards and watchmen, cleaners of city streets, pharmacists of 24-hour pharmacies, gas station operators and representatives of dozens of other specialties.

When applying for a new job, a person may not even suspect that one day he will have to go out on the night shift or stay late at work. In today's text, we will tell you from what hour "night work" is considered, whether the employer is obliged to pay extra for after-hours, who is generally not allowed to shift at night, and whether it is realistic to abandon the inconvenient schedule according to the law.

According to the Russian code of labor laws, night is considered to be work time, lasting from ten in the evening until six in the morning, or if more than half working hours falls precisely in this time period. If a person works in shifts, then when he goes out into the night, his schedule is reduced by an hour. A person should not work out these shortened sixty minutes later. The shift is not reduced in the following cases:

1. The employee is only hired to perform duties at night (does not have day shifts).
2. The employee already has a shorter schedule.
3. Works on a six-day shift week with a day off.
4. If the reduction is impossible due to the peculiarities of the labor process (for example, production).

An important point! The maximum number of hours worked at night cannot exceed forty per week. This is the norm established by law.

It is logical that the change of employee does not always fall strictly on the hours considered to be night. How, then, can you shorten the working time? Legally established - night work is considered to be half or more occurring between 22:00 and 06:00. It turns out that a person who works from midnight to eight in the morning works the night shift, since 80% of the work time is at night.

The employer should also adhere to the provisions of Article 103 of the Labor Code of the Russian Federation. It contains information that when scheduling night work, the boss should remember that night work can negatively affect personal, family and public life person. The problem lies in the difficulties in agreeing with the schedule of the rest of the household and the inability to build full-fledged social contacts, because at night a person is at work, and during the day, accordingly, he sleeps. It is logical that an employee who works exclusively at night may experience significant discomfort. There are also people for whom night work is completely prohibited.

Who can't work at night

The circle of people who are not allowed to shift at night is regulated by law. This is a fairly extensive list of citizens who have the right to refuse a boss who invites them to work after hours, without fear of being fired due to a breach of obligations.

Citizens exempt from night work:

1. Pregnant women.
2. Women with a child under the age of three.
3. Men and women.
   1. Having children with disabilities.
   2. Raising alone children under the age of five.
   3. Who are the guardians of children of the specified age.
4. Minors.
5. Disabled people.
6. Caring for sick family members.
7. Unable to work at night according to a medical report.

At the same time, the law makes amendments for representatives of some professions. Thus, journalists, film workers, television workers, circus workers, participants in creative processes, people involved in the creation of works of art and similar employees can work at night, regardless of belonging to the above list. The order of their work in this situation is regulated by labor and collective agreements, local acts and the decision of the commission regulating social and labor relations. Athletes are also included in this list.

Logically, it turns out that the list allows, if desired, citizens belonging to all categories to work. For example, underage actors or circus performers, Paralympians may well work after hours by signing an agreement on paper (not just agreeing orally, but signing a document in which they indicate that they are familiar with their right to refuse night work, but are ready to her).

The only ones who cannot work at night under any circumstances are young ladies in an interesting position. A woman, having learned about pregnancy, has the right to immediately inform her superiors about this by presenting a medical certificate. Night work is considered a serious stress for the body of the expectant mother, so the employer must immediately transfer the woman to the same job, only in the daytime. If the day shift is not provided, the pregnant woman is looking for another occupation. If such is not found, the woman is freed from labor with the preservation of wages.

Pay for night work

Of a single regulatory document, an act or other paper that would list all professions whose representatives can work at night and receive an appropriate additional payment for this does not exist. When applying for a job, which implies night shifts, a person can individually familiarize themselves with the industry agreement or other paper, which contains comprehensive information about the issue. Also the new employee must sign a document in which he agrees to work at night and indicates that he is aware of the surcharge for "inconvenient" shifts.

Article 154 of the Labor Code of the Russian Federation states that for work at night, a person receives an increased wages... The code states that night hours are paid according to the contract (labor, collective), or the wage regulations. Each hour of the "night employee" must cost more than in the normal schedule, not lower than the norm established by law. That is, it is set at a minimum of 20%, while the real amount of additional payments always remains at the discretion of the employer.

For some categories of employees, night wages are established by ordinances of the Ministry of Labor. For workers medical institutions it is 50% of the hourly rate, while people who provide urgent and emergency assistance to citizens at night receive a surcharge of 100% of the hourly payment in normal daytime.

There are also 35% and 40% surcharges on the regular hourly rate. Let us consider in the form of a table, representatives of which professions are obliged to receive such a payment for night work.

Table 1. Who is entitled to an allowance for night work hours?

35% of the hourly rate	40% of the hourly rate
Guard guard	Railway workers
Paramilitary security units	Employees of paramilitary units, liquidating emergency situations in the coal industry
Fire brigade	Industry specialists
Housing office workers (consumer services for citizens)	Employees of agricultural holdings and processing plants
Immigration checkpoint workers	Employees of post offices, transport
Employees of social protection, cultural institutions, teachers	Workers, foremen, heads of construction organizations

Let's take a look at the principles of increased pay using examples.

Example # 1. Ivan Semyonovich Trudnikov, who has worked in full for a month, must receive a salary of fifty thousand rubles. According to the standard, he went to shifts with a total duration of 175 hours, including 6 hours worked "overnight" for production needs. An order from the employer informs: additional payment for extracurricular work - 20% of the hourly rate. How much money will the employee be paid?

Let's determine what his hourly rate was. To do this, divide the salary by the number of hours worked (50,000 / 175 = 285.7 rubles). Since six hours must be paid at a twenty percent incremental rate, we multiply the hourly rate (RUB 285.7) by the number of “night hours” (there are six). We get 2057.1 rubles. Accordingly, from the total hours you need to subtract "night" (175-6), multiply by the hourly rate and add the amount of payment for night hours (2057.1 rubles). It turns out that the employee earned 50 thousand 342 rubles and 9 kopecks.

Example No. 2. Irina Igorevna Working day and night shifts at the plant. During the day - from nine in the morning to ten in the evening, on the other hand at night - from ten in the evening to nine in the morning. For "night" hours, the management pays Irina Igorevna 25% of the hourly rate of two hundred rubles. For a month, the employee worked four shifts per night.

Note that hours between 22:00 and 06:00 are considered "night" time (we wrote about this above). It turns out that the woman worked 32 hours a night shift (four shifts of 8 hours each, which does not contradict the legislation, we recall maximum amount night hours - forty). With an additional payment of 25% to the hourly rate of 200 rubles, it turns out that a night hour costs 250 rubles. Accordingly, the additional payment for "night hours" will be 1 thousand 600 rubles (32 hours x 50 rubles additional payment). In addition, every hour on the night shift is paid at a rate of 200 rubles.

Example No. 3. Sergei Evgenievich Sleepless was forced not only to go to work at night, but also overtime. In total, the employee spent time at work from 22:00 to 09:00. At the same time, Sergey Evgenievich worked six hours above the monthly norm (from 03:00 to 09:00), three hours of processing fell on the night time (from 03:00 to 06:00). Let's calculate how much it costs to replace the Sleepless.

According to article 152 of the TK RF, for overtime work in the amount of the first two hours, a one and a half markup is supposed, for the next hours - a double. A standard working hour of the Sleepless One costs 200 rubles. Accordingly, for the hours from 22:00 to 06:00, he will receive 250 rubles each, taking into account the extra charge for night work of 25%. In the one and a half amount, the boss will pay for the first two hours of processing (from 03:00 to 05:00), in double - hours from 05:00 to 09:00. Thus, for a shift, Sergei Evgenievich will receive 3 thousand 600 rubles:

1. From 22:00 to 03:00 - 200 rubles x 5 hours = 1000 rubles.
2. Supplement for night work from 22:00 to 6:00 - (200 rubles x 25%) x 8 hours = 400 rubles.
3. From 03:00 to 05:00 - 200 rubles eh 1.5 x 2 hours = 600 rubles.
4. Payment from 05:00 to 09:00: 200 rubles x 2 x 4 hours = 1600 rubles.

It is possible to calculate the surcharge for those categories of employees whose "night hours" are 50 and 100% more expensive than usual, using the same scheme. You need to multiply the number of hours worked per night by one and a half or two hourly rates.

Video - Pay at night

Night hours: rest

Article 108 of the RF Labor Code regulates the organization of rest for employees who go out to night shifts. First of all, the code of laws stipulates the time for eating. The employer must allow the employee to have a snack, taking advantage of a time slot of at least thirty minutes. At the same time, the organization of the process of rest and meals falls on the shoulders of the authorities. In other words, the employee should be able to have a snack right at the enterprise or, if he brings food with him, use the kitchen organized in the premises where the work shift takes place.

Article 108. Breaks for rest and meals of the Labor Code of the Russian Federation

With regard to weekends and rest from work, everything is ambiguous here. Earlier, the model was adopted: "Shift - dump - day off - shift", implying that after night work a person is given two days to rest. The first is to sleep off, the second is to be able to deal with matters in the daytime. Now this model is not universal.

There are two rules. First, two night shifts in a row are prohibited for one employee, this rule applies to those who work both day and night. For workers who only go out on the night shift, it is impossible to put two nights in a row. That is, you cannot organize labor process so that the person went out "into the night", went home in the morning, and in the evening they were again expected for workplace... We remind you that a person cannot work more than forty "night" hours a month - this right of employees is enshrined in law.

Summarizing

Working the night shift is not always convenient and pleasant for the employees themselves. But modern society needs people on duty at night: doctors, rescuers, pharmacists, convenience store sellers, law enforcement officers and other representatives of different professions.

Therefore, night shifts are paid higher than similar work performed during the day. In addition, night workers are entitled to adequate rest, which somewhat compensates for extracurricular work. The main thing is to know your rights and understand that work on night shifts is much more difficult than day work, it takes more resources, and therefore requires more payment and attention from the authorities.

Night work is paid higher than day work