Labor law is a very relevant area in the legal system, it is faced by 90% of people. Knowing all the nuances and features is very difficult, and keeping them in your head is even harder. Questions about paying for extra hours of work or those related to the night period have always been of interest to many workers. After reading the provisions of the law, some questions remain open, because the article of the Code cannot cover all situations and details. Let's see how night hours are paid, what are the minimum sizes, who sets their limits, and what it is all about.

watch?

In order to answer this question, one must refer to Article 96 of the Labor Code, which deals with night work. Part one talks about what hour the night time starts and when it ends. Time frames are formed from 22:00 to 6:00 in the morning. In this case, the duration of the shift should be reduced by 1 hour. Working off and debts to the employer are excluded. The duration of the shift should not be reduced if this is established by the contract, if the shift is already reduced, or if the employee is hired for night work, that is, all his shifts are night shifts without going to work during the day.

Positives and negatives for the employee

Such a phenomenon as working at night has its drawbacks and advantages in comparison with the general order. The advantages, of course, include an increased rate and an increase in wages, a free day during which you can devote yourself to children, family, other things, it is possible to combine it with another job. At night, contact with the management is reduced to a minimum, it is unlikely that the boss will go at night in order to check the quality of the work being done.

However, there are significant disadvantages that the employee must also take into account. Firstly, this is a violation of the sleep schedule, which means problems with health and condition. A different work schedule for members of the same family creates problems in communication, communication and joint household management. And of course, unproductiveness after a night shift during the day. This provision especially applies to those situations where the employee performs hard physical labor. The forces of the body will run out, the mood will deteriorate, and productivity during the day will be reduced to zero.

Who is not allowed to work at night?

To answer the question of how night hours are paid, you need to understand in detail what it is and what are the exceptions. If we have decided on the concept, then we did not mention exceptions earlier. There are categories of people who under no circumstances can be involved in work at night:

1. Women who are expecting a baby - pregnant women are strictly forbidden to work at night, regardless of how long they are.
2. Underage workers - for normal development, children need a full and healthy sleep, which is why they are also prohibited from working at night at the legislative level.

These categories may be involved in night work hours only if they are involved in the development or staging of works of art. In this case, the consent of the employee is considered a prerequisite.

Night work with consent

In addition to these categories of workers, there are those who can be involved in labor only with consent. It must be recorded in writing, this is a requirement of the law, the violation of which is unacceptable. These categories include the following groups of people:

1. Women who have children under the age of 3 in their care.
2. People with disabilities are people with disabilities.
3. Employees with children with disabilities. This is not only about women, but also about men.
4. Employees who have certain family obligations - caring for sick or infirm relatives.
5. Employees who raise children under 5 years of age on their own, that is, there is no spouse. Here again we are talking about both men and women.
6. People who have children under the age of 5 in their care. The emphasis is on guardianship, that is, persons must be guardians.

When employing representatives of such categories of the population, the employer must take into account the health and capabilities of people. If there are contraindications or restrictions on work, it is not advisable to involve such people.

Right of withdrawal

An important nuance is the right of the employee to refuse to perform this type of work. The employer is obliged to explain to the ward why he can refuse to go to work between 22:00 and 06:00. As a result, the employee draws a conclusion and makes a decision. In writing, he must confirm that he agrees to work and does not use the right of refusal.

The Supreme Court has repeatedly pointed out in its rulings that refusing to work at night is not a misdemeanor, it is a legitimate choice of a person. That is why the employer is not entitled to bring to disciplinary responsibility, impose a fine, deprive bonuses, reprimand or do anything else.

General rule of wages

How are night hours paid? Due to the fact that night work is more difficult than day work, and also that it affects the health of citizens, the legislator has established additional payments for those who go to work at night. In general, the extra payment for night time is regulated by a collective agreement that is valid in a certain area, or taking into account the opinion of the employee. Article 154 only indicates the minimum threshold for additional payments, showing that the employer cannot establish payments below this threshold. The minimum wage increase is 20% of the hourly wage for each hour. That is, the amount of wages in the daytime per hour is taken, 20% is calculated and added to the original wage.

Increasing the amount of surcharges

We have established how night hours are paid according to the general rule, but is it valid on the territory of the Russian Federation or is the norm higher? Analyzing modern statements, we can say that there is a practice of raising the threshold for additional payments from 20 to 40%. Most employers pay extra for night shifts at exactly this rate, but we recall that this is not established by the Labor Code. Specialists and scientists emphasize that the payment for night hours according to the Labor Code is minimal, while the maximum sizes are not set. That is, the legislator gives this right to local, local levels. Often this issue is discussed at the conclusion of an employment contract, a collective agreement.

On the territory of the USSR, there was a decree that established, on the contrary, the maximum amount of extra pay for night shifts. In the modern world, the legislator has taken a different path and sets only a minimum size, while the maximum can reach 100%, it all depends on the agreement between the employer and the employee or on a local act.

The practice of national football associations, subsidiaries of FIFA, the federal football union is interesting. All the labor activity of these enterprises was concentrated on holding the Confederations Cup, which was held in 2017, and the World Cup in 2018. In this area, the specific amount of wages for night shifts was established by the collective agreement. This is primarily due to the fact that this area of ​​activity has its own details and nuances that simply cannot be reflected in the Code or other law. To this end, in many areas and areas of work, their local acts are actively operating.

Shift work

In practice, there are often such working conditions as a shift schedule with night hours. How to calculate the amount of payment in this case? As we noted earlier, surcharges are calculated separately for each hour, and then summed up. This system is not so convenient when it comes to professions in which the employee regularly or constantly works at night. For example, night watchmen are paid using a shift rate that already takes into account night work and fixes the pay.

What is a table?

In planning the duration and remuneration of an employee, the employer is obliged to keep special records. This duty is imposed on him by the law in article 91. There are several forms of time sheets, the most common of which are those that record the length of the working day and the amount of wages. Such time sheets must be maintained by individual entrepreneurs, government organizations or any other enterprises. The report card separately notes each day when the employee worked, and at the end of the month everything is summed up and wages are paid.

Data entry

Night hours in the report card differ in their characteristics. The duration of work in a given period of time is marked in the timesheet with the code "H", otherwise it can be indicated by the numbers "02". The line is marked with these pointers, and below the number of hours that the employee works on a particular day is fixed. In this case, not only hours, but also minutes are indicated. There are cases when a person has processed the daily norm and "enters" the night one for 1.5 hours, then they should be noted in the report card. At the end of the month, the calculation takes place and the amount of the surcharge is calculated.

Night shifts and holidays, weekends

The amounts of payment for night working hours and weekends, holidays have some difference, so let's figure out what to do if these categories match. The key word in holidays and weekends is the day, that is, at such a rate, the daytime from 6 am to 00 pm is paid. Time from 00:00 to 06:00 in the morning is paid at the night rate. These calculations are very important, because for going to work on a day off, the rate rises from 20% to 100% plus the original cost.

Night hours in 24-hour businesses

In the modern world, 24-hour convenience stores are opening more and more often, which work 24 hours 7 days a week. At the same time, an employer who arranges an employee to work in such a store must know how night hours are paid. AT this case it is advisable to apply the tariff rule, that is, to establish in advance a separate payment for the night shift. This is convenient, first of all, because the duration of the shifts is always fixed, there will be no need to constantly calculate the number of hours and the rate. It is necessary to set the tariff in advance and include all the data in the time sheet, which we mentioned earlier. This is the peculiarity of wages in a convenience store. This applies not only to the latter, but also to any enterprise that operates both at night and during the day.

It is necessary to distinguish between multi-shift and non-shift mode. The latter includes situations where an employee has a divided working day into evening and daytime, daily duty is one-time, episodic going to work, regardless of the time of the day. The first type includes constant work on the night shift.

Calculation examples

In order to understand in practice how night shifts are paid according to the Labor Code, we will give one example.

The salary of an employee for a month of work is exactly 75,000 rubles. At the same time, he works 5 days a week, every day at work he spends no more than 8 hours. First of all, we calculate how many hours an employee works per week. We multiply 8 and 5, we get 40 hours a week.

The following situation occurs. In September, the employee began working at night at the request of the supervisor. He worked until 00 hours once a month. According to the production calendar, the normal duration of work per month is 176 hours. We divide the salary by the number of hours and get the amount of payment per hour - 426.14 rubles. We calculate a surcharge of 20% and get 85.22 rubles. Let's summarize - it turns out 511.4 rubles. We multiply by 2 and get the amount of the allowance to the monthly salary - 1,022.73 rubles.

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

Night shift legally

Additionally

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

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

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

Who can be called to work after hours

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

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

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

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

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

How is night work done?

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

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

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

We carry out the calculation of wages at night:

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

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

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

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

See the following video for night time pay

Night work overtime

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

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

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

Taxation of extra payments for night work and overtime

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

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

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

What is night time

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

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

Who shouldn't work at night

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

How to pay for night work

Every hour of night work is paid more than day work. The specific amount of the increase is established by a collective agreement, a local normative act adopted taking into account the opinion of the trade union, an employment contract and cannot be less than 20% of the hourly wage rate (salary calculated per hour of work) for each hour of work at night (Article 154 of the Labor Code of the Russian Federation , Decree of the Government of the Russian Federation of July 22, 2008 No. 554).

At the same time, payment for night hours with a shift work schedule is no different from payment for night hours with a regular schedule: night time is subject to additional payment.

For example, the salary of an employee is set at 75,000 rubles with a five-day working week and normal working hours (40 hours a week). In September, at the request of the employer, the employee worked additional night time from 22:00 to 00:00. Surcharge for night time is set at 20%.

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

The said surcharge was calculated as follows:

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

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

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

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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

Night time concept

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

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

Watch the night shift video:

Legislative regulation

Night work is ordered:

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

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

Who is not allowed to work?

Night work is prohibited:

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

Pregnant women

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

Two alternatives:

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

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

Children under 18

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

Women with small children

Women with small children are divided into three categories:

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

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

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

Disabled

The employer will provide privileges for:

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

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

Employee consent form:

Peculiarities

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

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

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

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

• this is ;
• shift work with one day off per week.

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

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

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

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

How to calculate hours in a timesheet?

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

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

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

If the employee works in shifts, then you need:

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

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

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

Payment

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

The percentage above can be accepted:

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

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

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

The calculation is carried out in stages:

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

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

Calculate the hourly rate:

Rate / total number of hours = hourly rate

Calculate how much an hour of night work costs:

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

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

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

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

Calculation example:

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

Working hours at night:

12-4 = 8 hours

Hourly rate:

1000 / 12 = 83,34

Night work hours:

83.34 x 30% = 25.01

83, 34 + 25,01 = 108,35

Night work reward:

8 x 108.35 = 866.80

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

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

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

Registration of night shifts

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

If taken specifically at night or in shifts:

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

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

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

Sample order for entering night time:

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

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

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

In Russia there is a huge variety of professions, specialties, positions, jobs. All of them have their own characteristics. So, for example, in some cases work is provided in the evening and at night. But the main thing still remains one thing: any activity should be carried out strictly within the framework prescribed by Russian labor legislation. The law primarily protects the rights of the employee and clearly regulates the actions of the employer.

How the Labor Code of the Russian Federation determines night work

To get answers on questions related to labor rights, of course, you should refer to the Labor Code of the Russian Federation (Labor Code of the Russian Federation). Here are collected the fundamental rules that describe, in particular, the features of working at night. And first of all, Art. 96 of the Labor Code of the Russian Federation gives a definition of what exactly labor law refers to the concept of "night time".

This is the period from 22:00 to 06:00. Such duration is clearly defined by law and does not allow any ambiguous interpretation. It is this time period that is taken into account, for example, when the surcharge for night work is determined. In other words, any work shift that starts after 10 pm already belongs to the night shift.

Application features

It is clear that working at night does not have the best effect on human health. The body's natural functioning is disrupted. And the law takes this into account.

The regulatory framework regulates for any night shift a shortened duration in comparison with similar work during the day. It is shorter by one hour.

So, if the duration of a shift in a workshop is determined at eight hours during the day, then at night in the same workshop it is enough for personnel of the same specialty to work seven hours. Consequently, the length of the working week is also reduced.

However, there are certain features of the application of this rule. The Code regulates that the application of other norms of the duration of the working week is also allowed. They depend on the working conditions of the employee and the type of his activity. Among such exceptions are:

1. Staff, and without it working on a reduced schedule. This applies, for example, to miners who in any case have shifts lasting no more than six hours. The night shift for them will be the same time, it is not reduced. It is recommended that such a condition be included in the provisions of the employment contract in advance.
2. Personnel initially hired by the company to operate only on night shifts. The conditions of his work, including the duration of night shifts, are also reflected in the employment contract.
3. Personnel who work 6 days a week. For such employees, the shift at night cannot be more than 5 hours.
4. Representatives of creative professions when working in theaters, film crews of filmmakers, circuses, the media, etc. They are expected to have a special procedure for working on night shifts. It is usually introduced by local regulations, labor contracts, collective agreements.

However, for all these categories of personnel, the administration has the right to establish a different duration of shifts at night. The main thing is that it cannot be more than the restriction imposed by the TC. But the legislator does not prohibit introducing a shorter work schedule for them at night based on the company's local regulatory documents. It is important that further working off of the withdrawn working time is not required.

Who is not allowed to work at night

However, there are categories of citizens whom the law expressly prohibits sending to the workplace at night. This is due to concern for their health, since such a shift in the work schedule has an obvious negative impact. The ban (Article 96 of the Labor Code of the Russian Federation) applies to:

• pregnant women;
• minors.

An exception to this strict prohibition may again be representatives of creative professions. But at the same time, all working conditions in any case should be prescribed in local regulations and be based on the norms of federal laws, as well as tripartite commissions for the regulation of social and labor relations. In addition, a special work schedule should be prescribed directly in the employment contracts of such creative employees.

The Labor Code of the Russian Federation also provides for a circle of persons for whom, in relation to night shifts, not direct prohibitions are introduced, but some restrictions.

The list of such people is spelled out clearly and does not imply an extended interpretation. Among them:

• disabled people;
• parents raising children with disabilities;
• mothers whose children have not yet reached the age of three;
• employees who have to care for disabled relatives or seriously ill family members;
• parents and guardians who are single-handedly raising children less than five years of age.

All of these persons may be assigned to work on the night shift. However, the employer has the right to do this only on condition that written consent has been obtained from citizens. Moreover, when hiring, a potential employee belonging to one of these categories has the right to declare in advance that, for objective reasons, he refuses to work at night.

Overtime work at night

The Labor Code of the Russian Federation gives the employer the right to involve personnel in labor activities in excess of the working time limits established for him (Articles 97 and 99). This may be the case if, during a normal working day, it became necessary to perform an additional amount of work. Or a citizen initially works according to the schedule of an irregular working day.

The category of overtime includes the work that is performed outside the norm established for the daily working day (or shift). This also applies to the work that is done in excess of the established total number of working hours during the accounting period (week, month). Such overtime work may fall, including during the night.

When is night overtime allowed?

As a rule, this is carried out at the initiative of the administration. However, this is possible only with the consent of the employee himself, which is expressed in writing. When working beyond the standard time at the initiative of the employee, this is not considered overtime.

And overnight overtime is possible for a variety of reasons. For example:

• work cannot be left unfinished, as this will cause harm to people or property;
• long downtime of the equipment and subsequent losses should be avoided, and therefore, it should be repaired as soon as possible;
• the employee is forced to stay for overtime due to the non-appearance of the shift.

Situations can be very different. They require an individual approach from the employer. The main thing at the same time is to remain within the framework of the current legislation.

In addition, there are cases when staff can be involved in overtime even without their written consent. This happens, for example, when eliminating the consequences of natural disasters or man-made disasters, to restore the operation of utility systems, to prevent emergencies, etc. In any case, we are talking about some kind of emergency critical situations.

Rules for registration and payment of night overtime

The Labor Code of the Russian Federation establishes the duration of permissible work. For two working days in a row, one employee must not work overtime for a total of more than four hours. In general, the period of overtime work permitted by law may not exceed 120 hours per year.

Regulatory authorities strictly apply this rule. In addition, the payment of such working hours has a certain order. All this forces the employer to provide accurate accounting. Involving an employee in overtime is issued by order of the head. If there is a trade union organization at the enterprise, it is also necessary to take into account the opinion of its elected body. If this does not happen, the trade union has the right to appeal the relevant order to the labor inspectorate or to the court.

Upon receipt of the written consent of the employee and the trade union, an appropriate order is issued. Make the necessary notes in the time sheet. Strict accounting is necessary for the correct calculation of payment.

The law establishes a minimum limit for the surcharge. The collective agreement may include provisions that determine a different, higher, amount of payment. By default, for the first two hours of working time, wages are set at 1.5 times the standard daily wage. When working in the following hours, the payment is doubled compared to the daytime.

Paying overtime at night has its own characteristics

The employee is also entitled to receive time off for overtime. In this situation, he still receives payment for the work - at a single daily rate. In addition, he also receives a day off - commensurate with the number of hours worked in excess of the norm.

Separate calculation - for weekends and holidays. Its rules are spelled out in Soviet documents from 1966. However, in 2005 the Supreme Court of the Russian Federation recognized the norms contained therein as valid. This means that on such days and nights, overtime is paid at least double the amount.