Employees of law enforcement agencies, medical institutions, convenience stores, as well as enterprises that carry out the technological process continuously - they all work while the majority of the country's population is sleeping. Naturally, working at night is much harder than during the day, so such energy costs must be compensated by the employer.

Procedure for recruiting to work at night

Firstly, not everyone is allowed to work at night. categorically prohibits the involvement of pregnant women and employees under 18 years of age in night work, regardless of their gender.

However, if in the case of women expecting the birth of an heir, no exceptions are provided - she is pregnant, which means she can only work during the day, then with minors the situation is not so strict. Young media workers, theater or film actors, or other workers involved in the creation or performance of artistic works may work at night. The main thing is that they are 14 years old, since employment in Russia is not provided for before this age.

Disabled mothers or single fathers whose child has not yet reached the age of five or guardians of a child of the same age group, as well as women with children under three years of age and parents of disabled children can only be recruited to work at night only with their written consent. consent. This rule is clearly stated in part three of Art. 96 of the Labor Code of the Russian Federation, it is immutable and there are no exceptions to it. Therefore, any threats by the employer in response to such an employee’s refusal to go to work at night are illegal and groundless.

Length of night shift and payment procedure

The night shift should be exactly one hour shorter than the day shift. However, no subsequent modifications are provided. This rule, in accordance with the provisions of Part 2, Part 3 of Article 96 of the Labor Code of the Russian Federation, does not apply to those employees who were initially hired at the enterprise exclusively for night work or who work in shifts during a six-day work week. In such cases, all working conditions and remuneration are necessarily prescribed in the collective agreement or established by local regulations of the organization.

Obliges the employer to pay an increased amount for each hour of night work. The specific amount of payments is determined directly by the employer, but it should not be lower than that provided by law.

Russian legislation does not contain general rules containing provisions on the amount of additional payments for night work, which is often taken advantage of by unscrupulous and stingy managers. The way out of the situation is simple - Russia is the direct successor of the former USSR, some of the legal acts of which have not been repealed, and therefore are currently in force.

In this case, Article 55 of the Resolution of the Council of Ministers of the USSR No. 14 dated February 12, 1987 should be applied, according to which the additional payment for night work is not less than 40 percent of the hourly salary. In other words, wages for one hour of night work are paid at the rate of: hourly salary plus at least another 40 percent of it, for a total of 140 percent. This is a minimum, since for certain categories of workers, for example, for employees in the printing or textile industries, such a premium is already 50 and 75 percent, respectively.

The above Resolution does not apply to representatives of such areas as healthcare and social protection of the population. This is the only category of workers whose night work is paid in accordance with the standards already adopted in Russia. Thus, by Resolution of the Ministry of Labor of the Russian Federation No. 17 of June 8, 1992, additional payments and allowances for such employees are made in the amount of 50 percent of the hourly tariff rate for each night hour of work. Moreover, medical transport drivers are also included in this category. The only exception is the field staff of emergency ambulance stations, who receive double wages for working at night.

A work shift starting after 22.00 is called a night shift. Night staff appeared due to the peculiarities of the technologies of many industries: for example, steelmaking shops cannot be stopped for a minute.

Labor Code on night work

The legislator formulated a list of categories that are allowed to work after 10 p.m., terms of payment, and defined the term “night work.” The Labor Code states that the period of time from 22.00 to 6.00 is considered night (Part 1 of Article 96 of the Labor Code of the Russian Federation).

Night mode affects biorhythms and threatens the normal functioning of body systems. Therefore, the law has introduced restrictions on work at times other than during the day for some categories. It is prohibited to work at night:

• pregnant women;
• under 18 years of age.

At the same time, the law provides for the possibility of involving persons who are permitted by law not to work to work on the night shift, but they have the right to accept the employer’s offer and give written consent if their health allows. This:

• mothers with children under 3 years of age;
• guardians raising children under 5 years of age in a single-parent family;
• disabled people and those with children with disabilities.

Workers in these categories have the right not to agree to work at night. The employer is obliged to familiarize employees with this item of the work schedule once, against signature, if night work is permanent, arising from the needs of production technology. If night shifts are one-time shifts, then each time such a need arises, the employee must confirm in writing that he has become familiar with the right to refuse the night shift.

An employee can indicate his attitude towards night work immediately upon applying for a job. At the same time, he must indicate the details of a medical document indicating the absence of contraindications for such work. The form of such a certificate is provided for by Order of the Ministry of Health and Social Development of the Russian Federation No. 441n dated 05/02/12.

If a person applying for a job does not belong to any of the above categories, but has contraindications for working at night, which the employer does not inform about, he does not have the right to demand a certificate confirming the absence of contraindications. Except in cases where the need to provide such information is established by law.

If the employer is aware of contraindications for night work and is involved in it, the employer bears administrative responsibility.

When working in shifts, it is prohibited to draw up a schedule according to which you need to work two shifts at once. For example, having gone out at night, an employee cannot begin work on the day at the end of his shift. The employer is obliged to inform the staff of the exit schedule at least a month in advance.

Worth noting: It is necessary that the employee has the opportunity to change day and night shifts. This will improve the worker's performance level and increase productivity in the workplace.

Duration of night shifts

Depends on the status of the worker and the type of activity and can be regular or reduced.

It is enshrined in law (Part 2 of Article 96 of the Labor Code of the Russian Federation) that the duration of the night shift is less than the day shift by an hour. If a daytime work shift lasts 8 hours and is given an hour of rest and lunch, at night the employee works 7 hours, also receiving an hour of rest for lunch. Thus, the harmful effects on the human body of a work and rest schedule unusual for its biorhythm are neutralized.

At the same time, night time according to the Labor Code (Part 3 of Article 96) is established without reduction for the following categories:

Additionally

Part 2 of Article 96 of the Labor Code of the Russian Federation especially notes that in the case where the duration of work at night has been reduced, there is no need to subsequently work out the missing hours during the day. Accordingly, the employee’s weekly working hours are reduced.

1. Already working on a shortened schedule (for example, mines, where any shift lasts 6 hours). For this category of workers, the employment contract reflects this fact and the impossibility of reducing the night period.
2. Accepted exclusively for night work. This condition is stated in the employment contract (Article 57 of the Labor Code of the Russian Federation).

The legislator is not against it if the size of the night shift is reduced for such categories of workers. The solution to the issue is within the competence of the manager and can be approved by local regulations.

With a six-day work week with one day off, the night shift lasts no more than 5 hours.

The working hours of artists (cinema, radio, TV, etc.) are regulated by local regulations.

Payment for work at night

How night work is paid under the Labor Code is regulated by Article 154. According to the norm, for night work a benefit is assigned in the form of an additional payment in an amount not lower than that provided for by the Labor Code of the Russian Federation and other legislative acts containing labor law norms.

According to Decree of the Government of the Russian Federation No. 554 of July 22, 2008, it must exceed the daily wage by at least 20% for each hour of work (salary calculated per hour of work).

That is, if the daily rate is 100 rubles per hour, then for an hour of night work you need to pay at least 120 rubles.

Please note: employers have the right to set payment based on capabilities, but not below the level established by the legislator.

The amount of payment for night hours is stipulated upon hiring in an employment contract or some local document of the organization. The preferential nature of remuneration for night work applies both to those constantly employed on the night shift and to those performing work once, from time to time.

How is hourly wages determined?

To establish the amount of additional payment for night work according to the Labor Code of the Russian Federation in 2019, you need to determine the amount of hourly pay. There are two ways to calculate it:

1. When paying according to daily earnings, its amount is divided by the duration. For example. The daily rate is 800 rubles, the day shift is 8 hours. The hourly rate is 100 rubles.
2. When paying a monthly salary, it is divided by the number of hours worked for a particular month.

In addition to the mandatory premiums established by the legislator, the employer may adopt local regulations providing for financial or other compensation for its employees for harmful conditions.

What categories of workers are legally prescribed a different surcharge?

For night work, additional payment is established by law and cannot be otherwise (letter of Rostrud dated October 28, 2009 No. 3201) for:

• workers of paramilitary, fire and security guards - 35% of the salary;
• employees of the Federal Penitentiary Service - 35% of salary;
• medical workers - 50% of the tariff rate (salary);
• workers of ambulance and emergency teams - 100% of the hourly tariff rate (salary).

There are categories of workers to whom night supplements are assigned by industry agreement. If regulations establish night supplements for this category, the employer is obliged to choose one that is more beneficial for the employee.

If work at night falls on a holiday or weekend, and the schedule is not staggered, the employee is entitled to additional payment on this basis as well. Find out more about wages on weekends and holidays under the Labor Code.

Ask your question and get free legal advice

Night time is the time from ten in the evening to six in the morning, which is defined by the first part of Article 96 of the Labor Code of the Russian Federation. The general rule, stated in the second part of this article, states that the duration of the shift at this time is reduced by one hour without further work.

Exceptions to the rules

Working conditions at night may have certain restrictions for some categories of workers. For example, the duration of night work is not reduced for the following employees:

1. Those hired specifically for night work (for example, a watchman). But even in this case, the collective agreement may indicate a reduction in duration for these categories of workers.
2. For those who have reduced working hours:

• students of educational institutions under 16 years of age who work during the school year in their free time (no more than twelve hours);
• other employees under 16 years of age (no more than 24 hours);
• students listed above, with the same conditions (no more than seventeen and a half hours);
• other workers from sixteen to eighteen years of age (no more than thirty-five hours);
• disabled people of the first or second group (no more than thirty-five hours);
• workers who have dangerous and/or harmful working conditions (no more than thirty-six hours);
• women who work in the Far North or in areas equivalent to it (thirty-six hours);
• workers in the field of pedagogy (no more than thirty-six hours);
• workers in the field of medicine (no more than thirty-nine hours).

The duration of work at night is equal to the duration of work during the day when it is required due to working conditions, as well as for work with a shift schedule with a working week of six days with one day off. The list of works can be specified in a collective agreement or a local regulatory act. Which persons are not allowed to work at night?

Who should not be allowed to work at night?

Night work is a type of work with special conditions, therefore it is not allowed to involve certain categories of workers: pregnant women and persons who have not reached the age of majority. But there is an exception to this rule. Many people are wondering whether teenagers are allowed to work at night?

Minors can also be involved in night work if they take part in the performance or creation of any artistic works, as well as athletes whose work role is to prepare for and participate in various competitions in any sport. At night, the activities of athletes are determined by a labor/collective agreement or other regulations that have local distribution. Certain categories of people are not allowed to work at night. But there are certain nuances.

Written consent

The fifth part of Article 96 of the Labor Code of the Russian Federation identifies the following categories of workers who can be recruited to work on the night shift only with their written consent:

Medical report

For employees of this category, it is possible to be required to work at night not only if there is his written consent, but also if there is a medical certificate confirming that such work is not prohibited due to his state of health. It is worth noting that the employer himself must familiarize this category of employees in writing with their right to refuse to perform work duties at night.

When an employee was hired from the very beginning for shift work or to work only at night (for example, a watchman), then the documents that will control his relationship with the employer will be an employment contract and a shift schedule.

If an employee usually works during the day, but for some reason there is a need to work on the night shift, his written consent is required. Since each hour of such work is paid in a larger amount, it is the employer’s responsibility to properly organize the accounting of the time that the employee worked. For this purpose, uniform forms of timesheets are used that take into account working hours. Those who have not signed a written consent to do so are not allowed to work at night.

Pay for night shift work

Payment for work during the night shift is provided for in Article 154 of the Labor Code of the Russian Federation. Each hour of such work is paid at a higher rate than work under normal conditions, but not lower than established by law. If the last requirement is violated, then an administrative fine may be imposed on officials in the amount of one to five thousand rubles for individuals, from thirty to fifty thousand rubles for legal entities, or termination of their activities for up to ninety days.

A more precise amount of increased pay for night work is established in an employment or collective agreement, as well as in a local regulatory act: a boss’s order, order, regulations on labor payments, etc. When an employer accepts such a document, he is obliged to take into account the opinion of the body representing the interests of employees (trade union organization).

The amount is not less than the minimum

Night shifts must be paid in an amount not lower than the minimum determined by the Government of the Russian Federation, which has been in effect since 08/07/2008. From now on, the minimum wage for night work is twenty percent of the official salary calculated per hour of work, or twenty percent of the hourly rate at the tariff for each hour of night work. Working as a driver at night must also be paid at a special rate.

Before this resolution came into force, the minimum amount of the surcharge was not clearly defined. Only those documents that were adopted during the USSR were in effect. Thus, in the field of construction, industry, transport, and agriculture, the surcharge was forty percent of the hourly rate or salary for one hour of work. At retail establishments and public catering outlets - thirty-five percent. Night work restrictions must be strictly adhered to.

Thus, individual entrepreneurs or organizations that paid less than twenty percent for work at night must increase the amount of additional payments, otherwise the labor inspectorate may hold them accountable administratively.

Since the resolution determines the smallest amount of payment, the employer has the right to make its amount higher, for example, twenty-five or forty percent of the hourly rate. This is the payment for night work in the Russian Federation.

Regulation of work of workers in creative professions at night

The specifics of the work of persons in the creative sphere who create or perform (exhibit) any works can be determined both by collective or labor agreements and by a regulatory act of local distribution, which is indicated in the sixth part of Article 96 of the Labor Code of the Russian Federation. This rule applies to the following categories of workers operating in:

• media;
• television and video crews;
• cinema;
• theaters, concert and theatrical organizations, circuses.

This list also includes other persons who create or perform (exhibit) works.

It is necessary that the position or profession of such an employee be indicated in the relevant List, which was approved by the Government of the Russian Federation on April 28, 2007 (No. 252).

Conclusion

It is also worth noting that for carrying out work at night, the employee must receive an additional payment to his earnings or salary, and not just an increase in salary by a set percentage. The employer is required to pay a higher amount for each hour actually worked at night.

We have looked at which persons are not allowed to work at night.

Current version of Art. 96 of the Labor Code of the Russian Federation with comments and additions for 2018

Night time is the time from 22:00 to 6:00.

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

The duration of work (shift) at night is not reduced 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 at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations.

The following are not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.
Procedure for night work of creative workers of the media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) 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 Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

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

1. The commented article regulates the procedure for organizing work at night.

Night time for the regulation of labor relations is considered to be the time from 22:00 to 6:00.

As a general rule, the duration of work in the period from 22:00 to 6:00 should be reduced by one hour compared to daytime working hours; no overtime is provided.

The following exceptions are provided:
- if the employee previously had a reduced working time;
- if the employee was hired specifically to work on night shifts, for example, to protect territory, premises, etc.;
- if working conditions at the enterprise (organization) provide for shift work.

The duration of a work shift at night can be equalized with the duration of a work shift during the day when organizing work according to the principle of a six-day work week.

The legislator admits that a collective agreement of an organization (enterprise) may establish a list of jobs, professions, positions for which a shift work schedule is established. In addition, the list of works for which a shift work schedule is established can be determined by the LNA.

2. The legislator has established a list of persons who are not allowed to work at night under any circumstances:
- pregnant women;
- workers under 18 years of age.

For this category of workers, in exceptional cases, the possibility of working at night is allowed if they participate in the creation and (or) performance of artistic works. Also, such an exception may be established for other categories of workers in accordance with the Labor Code of the Russian Federation and other federal laws.

3. In addition, the provisions of the commented article define a list of categories of workers who can be involved in night work only with their written consent:
- women with children under three years of age;
- disabled people;
- workers with disabled children (here we are talking not only about women, but also about men);
- persons with family obligations, i.e. persons caring for sick family members;
- mothers and fathers raising children under five years of age independently without a spouse;
- guardians of children under five years of age.

When engaging workers of the listed categories to work at night, even with their written consent, the employer must also take into account whether these workers are prohibited from working at night for health reasons, or whether they have contraindications in accordance with medical reports. It seems that the responsibility to provide the relevant documents lies directly with the employee himself.

One of the important conditions for attracting the listed workers of the above categories to work on the night shift is to familiarize them with the right granted to them by law to refuse to work at night. Such familiarization must be made in writing. As noted in Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1, in this situation, refusal to work at night is not considered a disciplinary offense, and therefore these employees cannot be brought to disciplinary liability. Refusal to work at night is also legal if only part of the night time was spent on it.

Separately, the legislator identified a category of persons whose work is related to creative activity. The procedure for organizing work at night for the categories of creative workers listed in the article may be provided for by a collective or labor agreement, as well as by the LNA.

Another comment to Art. 96 Labor Code of the Russian Federation

1. Limiting the duration of work at night is a special case of reducing working hours. Night work has an adverse effect on human health, therefore a number of ILO recommendations call for limiting night work. The reduction in the duration of work at night is carried out without subsequent work, i.e. with a corresponding reduction in the weekly working time standard (working time standard for the accounting period).

2. Parts 3 and 4 of the commented article list cases when the duration of night work is equal to day work.

3. In accordance with Part 5 of the commented article, pregnant women and workers under the age of 18 (with the exception of persons involved in the creation and (or) performance of artistic works) cannot be allowed to work at night.

4. A special procedure for attracting night work has been established in relation to certain categories of workers listed in part 5 of the commented article. If night work is not prohibited for health reasons in accordance with a medical report, they may be involved in night work, but only with their written consent, and 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 work at night must be fulfilled by the employer every time the need arises to involve employees in such work.

5. Each hour of work at night is paid at an increased rate compared to work under normal conditions (see Article 154 of the Labor Code and the commentary thereto).

6. The procedure for night work 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 Tripartite Commission for the Regulation of Social and Labor Relations), established by a collective agreement, local regulations, employment contract, may differ from general rules for working at night. Decree of the Government of the Russian Federation dated April 28, 2007 N 252 approved the List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of labor activity of which are established by the Labor Code of the Russian Federation.

As an exception to the general rule prohibiting the involvement of minors in night work, creative workers under the age of 18, whose professions are indicated in the relevant lists, may be allowed to work at night (see Article 268 of the Labor Code and the commentary thereto) .

Consultations and comments from lawyers on Article 96 of the Labor Code of the Russian Federation

If you still have questions regarding Article 96 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

1. Article 96 of the Labor Code of the Russian Federation defines the period of time that is considered night (from 22 o’clock to 6 o’clock), establishes rules for reducing the duration of work and the procedure for attracting certain categories of workers to work at night.

2. A shift in which more than half of its duration occurs at night is considered a night shift (subparagraph “a”, paragraph 9 of the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of February 12, 1987 N 194 “On the transfer of associations, enterprises and organizations industry and other sectors of the national economy for multi-shift operation in order to increase production efficiency" // SP USSR. 1987. N 14. Art. 55).

Part 2 of the commented article provides that the duration of work (shift) at night is reduced by one hour without further work.

In accordance with Part 3 of Art. 96 of the Labor Code of the Russian Federation, this rule does not apply to employees for whom a reduction in working hours is already provided (see Article 92 and commentary thereto). The duration of work is not reduced even when a person is hired specifically to perform work only at night, unless otherwise provided by the collective agreement.

The duration of night work is equalized with day work in cases where this is necessary due to production conditions, in particular in continuous production, as well as in shift work with a 6-day work week with one day off. The list of specified works may be fixed by a collective agreement, an order of the head of the organization or other local regulations.

3. According to Part 5 of the commented article, pregnant women, workers under the age of 18 years are not allowed to work at night, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with the commented Code and other federal laws.

Women with children under 3 years of age may be allowed to do such work, but only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. At the same time, women with children under 3 years of age must be informed in writing of their right to refuse to work at night.

The above conditions must also be observed in relation to other categories of workers specified in Part 5 of Article 96 of the Labor Code of the Russian Federation, when the issue of staffing night shifts in organizations is being decided.

Since the law does not link the prohibition of night work for the above categories of workers with work during the entire shift, it can be concluded that these workers should not be involved in night work and in cases where less than half of the shift occurs at night.

4. Requirements for organizing work at night, including restrictions on the use of night work established for certain categories of workers, also apply to creative workers and professional athletes.

A collective agreement, a local regulatory act, or an employment contract can only establish the procedure for working at night for creative workers and professional athletes engaged in activities in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for Social Regulation - labor relations, from the moment the specified lists come into force.

5. As follows from the contents of Part 5 of Art. 96 of the Labor Code of the Russian Federation, the categorical prohibition of night work applies only to pregnant women and workers under 18 years of age (with the exception of certain persons). However, before the adoption of the new Labor Code, workers with tuberculosis were also not involved in work at night (clause 3 of the Instruction on the employment of workers and employees with tuberculosis, approved by the Resolution of the Council of People's Commissars of the USSR of January 5, 1943, in accordance with which those who became ill workers with tuberculosis, upon the conclusion of the VKK of the tuberculosis dispensary, must be released from work on night shifts and transferred to the day shift, and where possible - to the morning shift (Collection of normative acts on labor. Part 1. M., 1984. P. 268)). This practice is consistent with state policy in the field of tuberculosis prevention (TB Prevention Act), and it is advisable to use it when concluding collective bargaining agreements.

At the local level, one can also keep in mind that ILO Recommendation No. 178 “On Night Work” (1990) proposes to exempt older workers, people undergoing vocational training, etc. from night shifts.

6. Night work is paid at an increased rate (see Article 154 and commentary thereto).