The concept of “night work hours” is precisely defined in Article 96 of the Labor Code of the Russian Federation, which states that the 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 has the right to receive additional payment for the time he worked at night.

Night shift from a legal point of view

Additionally

The duration of working hours on the night shift for workers in creative professions (theater performers, members of circus troupes and film crews, media workers) is regulated by the terms of the labor 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 work shift includes labor activities carried out in the time period from 22-00 in the evening to 06-00 in the morning. Thus, if the majority of an employee's work time falls within the specified hours range, the work is considered to be night work. According to this article, the duration of a work shift at night should be one hour less than during the daytime. If daytime work hours are 8 hours, it is acceptable to set a seven-hour work schedule for night work without having to work the missing hour. In some cases, the reduction of working hours at night may not occur when:

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

Who may be required to work at odd hours

Legal acts define categories of persons who are prohibited from being involved in work at night. The following are not allowed for such work:

1. Employees are pregnant.
2. Minor employees, except for citizens under 18 years of age participating in the creation or performance of works of an artistic nature, as well as persons indicated in the List approved by Decree of the Government of the Russian Federation No. 252 of 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 taking into account their voluntary consent. These include:

• working women with children under 3 years of age;
• 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 (subject to an official medical report).

Citizens belonging to the listed categories of employees may be required to 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 these persons’ refusal to work at night cannot be charged as absenteeism.

How is transfer to night work carried out?

Separately, situations should be considered when the night shift falls on weekends and holidays. In such cases, the amount of bonuses is summed up, since, according to the norms of Labor legislation, holidays and weekends are paid in double amount (read more about payment for work on a day off according to the Labor Code). The exception is employees working on a shift schedule, for whom weekends are regular work 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 premium for night work.

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 employee’s regular salary. Additionally, remuneration for work at night in the Russian Federation can also be regulated by 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 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 has not exceeded the minimum allowable amount of additional payment for night hours - 20% and an employee who receives a fixed hourly payment of 500 rubles has worked a total of 10 night hours in one month.

We calculate wages at night:

(Amount of hourly pay)/(Rate of additional payment for work at night (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, it is necessary to calculate the rate per hour of labor. 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 payment, and this should be taken into account when determining the monthly salary when an employment contract is drawn up with the employee.

Watch the following video for information on pay for night work.

Working extra hours at night

Please note: It is important to distinguish between the concepts of overtime work and night work, which many people confuse. Overtime is work that is performed at times not specified by the work schedule, and not at night. And night work is work activity from 22.00 to 6.00, planned by the employer in advance. Sometimes these concepts can overlap each other, in the case where the work is both night and overtime.

Each hour of overtime at night is paid additionally in an amount equal to the average wage of an hour of labor for an employee. Daytime overtime hours are paid additionally in the amount of 50% of the hourly rate for the first 2 hours and 100% for all subsequent ones. However, the employer can independently indicate in the regulatory documents of the enterprise the possibility of higher payment 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 overtime at night is carried out in the same way as the calculation of payment for work at night. In this case, the employee’s hourly rate is multiplied by 200% and the time worked overtime at night. For example, if an employee’s pay is 500 rubles per hour, and he worked an additional 10 hours at night, the employer must pay 10 thousand rubles for this time (at the rate of 500*200%*10).

Taxation of additional payments for night work and overtime

Additional payments for night work and overtime are considered part of the employee’s salary, therefore 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 additional payments. All deductions are made by the organization’s accounting staff, and the employee is paid the amount, taking into account all the changes. Thus, the employee will not have to independently take care of paying taxes and insurance premiums for the overtime worked.

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

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 time sheet forms 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, regulation 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 decree 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

Features 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.

The modern world, constantly expanding the boundaries of what is possible, also affects the work rhythm: more and more organizations work 24/7, and the provision of services around the clock means that someone will eventually have to work at night. In what cases is it possible to be required to work at night, what can an employee expect, when is it legal to refuse night work? A word from our expert.

Night time and night workers

Everyone has their own concept of the night: some go to bed at 9 pm, while others throw noisy parties after midnight, because “it’s still childhood time.” In the Labor Code, night time is clearly defined - this is the period from 22 o'clock to 6 o'clock (Article 96). Only during these hours will the employee’s work be considered night work.

A night shift is considered to be one in which at least 50% of the working time is spent at night. As a general rule, the duration of work (shift) at night should be reduced by one hour without further work (Part 2 of Article 96 of the Labor Code of the Russian Federation), that is, in the case of an eight-hour day shift, a seven-hour shift at night will be considered equivalent. Night work hours are not reduced:

1) for employees who have reduced working hours;

2) when it is necessary due to working conditions;

3) on shift work with a six-day work week with one day off;

4) for employees hired specifically to work at night, unless otherwise provided by the collective agreement. “Night workers” are traditionally considered to be watchmen, security company employees, and dispatchers, but a local employer act may require night shift work for any profession.

Night work restrictions

A ban on night work is established for pregnant women and minor workers (Articles 96, 259, 268 of the Labor Code). However, if the minor is a creative worker or is an athlete, it will be useful for the employer to familiarize himself with Part 3 of Art. 348.1 of the Labor Code and Decree of the Government of the Russian Federation dated April 28, 2007 No. 252 “On approval of 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.” So, in accordance with this list, fashion designers, prompters, pyrotechnicians and many other specialists can be involved at night, regardless of their young age.

What other restrictions exist for night work? Some employees have the right to refuse it. Thus, women with children under 3 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 report, mothers and fathers raising children without a spouse under 5 years of age, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. Such employees must be informed in writing of their right to refuse to work at night.

How is night work paid?

Whether you are a “lark”, a “night owl” or just a workaholic, working at night is considered work in conditions that deviate from normal, and therefore should be paid higher. The Labor Code of the Russian Federation reports that each hour of work at night is paid in an increased amount compared to work in normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms (Article 154). What size is this?

As stated in the Decree of the Government of the Russian Federation dated July 22, 2008 No. 554 “On the minimum increase in wages for work at night,” the minimum increase in wages for work at night (from 10 p.m. to 6 a.m.) is 20% of the hourly tariff rate (salary calculated per hour of work) for each hour of night work. The specific amounts of the increase in wages for work at night are established by a collective agreement, a local regulatory act adopted taking into account the opinion of the employee’s representative body, an employment contract, but the premium in any case should not be lower than 20% of the hourly wage rate. Is there a maximum amount for such allowances? This maximum is not established by law, but in practice it is usually 40% of the hourly wage rate. It is important to understand that no matter how long the night shift lasts, “night” increases will only apply for the period from 10 pm to 6 am.

How to calculate an increase for someone who works on a piecework basis and is also required to work at night? It is better to establish the calculation procedure and the amount of additional payment for piecework wages in advance in the local act of the organization. As a general rule, when an employee with piecework wages performs work of various qualifications, his work is paid according to the rates of the work he performs (Article 150 of the Labor Code). Thus, for night work with piecework wages, the premium is first set to the piece rate per unit of product, and when settling with the employee, the rate taking into account this premium is multiplied by the number of products made at night.

The employer needs to understand that bonuses for night work are not a premium, not a bonus, not an incentive, but a mandatory payment, and it cannot be “cut off” or accrued at its own discretion.

Controversial issues

What to do if the work of an employee falls during the night period, and his working conditions already deviate from normal? Let's say a real estate agent, who usually works overtime, shows a house to an important client who arrived late at night, and a company driver with an irregular work schedule is forced to meet the delegation at the airport in the morning because its flight was delayed. How to deal with payment in such cases?

Overtime work at night must be paid as both overtime and night work. Overtime work itself is paid at an increased rate: for the first 2 hours of work, no less than one and a half times the rate, for subsequent hours, no less than double the rate. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime (Article 152 of the Labor Code). At the same time, the Labor Code of the Russian Federation (Article 149) states that when work is performed under conditions deviating from normal, the employee is paid payments provided for by law, internal agreements and acts of the organization, and the employment contract. The amounts of such payments in any case cannot be lower than those established by law. Thus, additional payments for each of the deviating conditions are made separately and are not mutually exclusive.

The situation is more complicated with irregular working hours, part of which overlaps with the night period. On the one hand, the provision on mandatory bonuses for work at night (Article 154 of the Labor Code) is not made dependent on what working hours are assigned to the employee, and in Resolution No. 554 there are no exceptions to the established wages for night work. On the other hand, in essence, an irregular working day provides for involvement in work beyond the established working hours, including at night, and the Labor Code of the Russian Federation does not provide for increased pay in this case, only annual additional paid leave of at least 3 calendar days specifically for irregular working hours ( Art. 119).

Taking into account the specifics of disputes over night work, the traditional recommendation to the employer: take the time to develop a regulation on the procedure for attracting night work and payment for it, indicate in the employment contract (or annex to it) with the employee the possibility of working at night - and you will avoid disputes and misunderstandings in the team.

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.
The night-time work procedure for 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, 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 on the principle of a six-day work week.

The legislator allows 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, it is possible to carry out work at night 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.

Labor law is a very relevant area in the legal system; 90% of people encounter it. Knowing all the nuances and features is very difficult, and keeping them in your head is even harder. Questions about payment for additional 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 figure out how night hours are paid, what the minimum amounts are, who sets their boundaries, and what it is all about.

watch?

In order to answer this question, you need to refer to Article 96 of the Labor Code, which deals with work at night. Part one talks about what hour night time begins and when it ends. The time frame is formed from 22:00 to 6:00 am. In this case, the duration of the shift should be reduced by 1 hour. Work 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 shortened, or if the employee is hired for night work, that is, all his shifts are night shifts without going to work during the day.

Positive and negative aspects for the employee

Such a phenomenon as working at night has its disadvantages and advantages in comparison with the general order. The advantages, of course, include an increased rate and an increase in salary, a free day during which you can devote yourself to children, family, other matters, and there is the opportunity to combine it with another job. At night, contact with management is minimized; it is unlikely that the boss will go at night to check the quality of the work being performed.

At the same time, 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. Different work schedules for members of the same family give rise to problems in communication, communication and joint household management. And of course, unproductivity after a night shift during the day. This provision especially applies to situations where the employee performs heavy physical labor. The body's strength will be exhausted, the mood will deteriorate, and productivity during the day will be reduced to zero.

Who cannot be involved in night work?

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

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

These categories may be involved in night working hours only if they are involved in the development or production of artistic works. In this case, the consent of the employee is considered a mandatory condition.

Night work with consent

In addition to these categories of workers, there are those who can be brought to work 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 3 years of age in their care.
2. People with disabilities are disabled people.
3. Employees who have children with disabilities. At the same time, we are talking not only about women, but also about men.
4. Employees who have certain family obligations - caring for sick or infirm relatives.
5. Workers who raise children under 5 years of age on their own, that is, without a spouse. here again we are talking about both men and women.
6. People who have children under 5 years of age under their care. The emphasis is on guardianship, meaning individuals 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 work restrictions, it is not advisable to involve such people.

Right of refusal

An important nuance is the employee’s right 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 10 p.m. and 6 p.m. As a result, the employee draws a conclusion and makes a decision. He must confirm in writing that he agrees to the job and does not use the right of refusal.

The Supreme Court has repeatedly indicated in its decisions that refusal to work at night is not a misdemeanor, it is a lawful choice of a person. That is why the employer has no right to bring to disciplinary liability, impose a fine, deprive of bonuses, reprimand or anything else.

General rule for additional remuneration

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

Increasing the amount of additional payments

We have established how night hours are paid according to the general rule, but does it apply on the territory of the Russian Federation or are the standards higher? Carrying out an analysis of modern statements, we can say that the practice has developed of increasing the threshold for additional payments from 20 to 40%. Most employers pay extra for night shifts at exactly this rate, but let us remind you that this is not established by the Labor Code. Experts and scientists emphasize that payment for night hours under the Labor Code is minimal, and no maximum amounts are established. That is, the legislator gives this right to local, local levels. Often this issue is discussed when concluding an employment contract or collective agreement.

On the territory of the USSR, there was a decree that established, on the contrary, the maximum amount of additional 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, FIFA subsidiaries, and the Federal Football Union is interesting. All work activities of these enterprises were concentrated on holding the Confederations Cup, which took place in 2017, and the FIFA World Cup in 2018. In this area, the specific amount of wages for night shifts was established by a collective agreement. This is primarily due to the fact that this field of activity has its own details and nuances that simply cannot be reflected in the Code or other law. To this end, many areas and areas of work actively operate their own local acts.

Shift schedule

In practice, working conditions such as a shift schedule with night hours are often encountered. 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, guards are paid for night hours using a tariff rate per shift, which already takes into account night work and also fixes the amount of payment.

What is a report card?

When planning the duration and remuneration of an employee, the employer is required to keep special records. This obligation is imposed on him by law in Article 91. There are several forms of timesheets, 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 time sheet separately notes each day that the employee worked, and at the end of the month everything is summed up and wages are paid.

Entering data

The night hours on the timesheet have their own characteristics. The duration of work during a given period of time is noted in the report card with the code “H”, otherwise it can be designated by the numbers “02”. The line is marked with these indicators, and below is recorded the number of hours that the employee works on a certain day. In this case, not only hours, but also minutes are indicated. There may be cases when a person has exceeded his daily quota and only spends 1.5 hours at night, then they should be noted on the report card. At the end of the month, a settlement occurs and the amount of the surcharge is calculated.

Night shifts and holidays, weekends

The rates of payment for night working hours and weekends and holidays have some differences, so let's figure out what to do if these categories coincide. The key word in holidays and weekends is day, that is, this tariff pays for daytime hours from 6 a.m. to 00 a.m. Time from 00 to 6 a.m. is charged at the night rate. These calculations are very important, because for going to work on a day off, the rate increases from 20% to 100% plus the original cost.

Night hours in 24-hour businesses

In the modern world, 24-hour stores are increasingly opening, operating 24 hours a day, 7 days a week. At the same time, an employer who hires an employee to work in such a store must know how night hours are paid. In this case, it is advisable to apply the tariff rule, that is, set a separate fee for the night shift in advance. This is convenient primarily because the duration of the shifts is always fixed, and you will not 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 few-shift modes. The latter includes situations where an employee’s working day is divided into evening and daytime, daily duty is one-time, occasional trips to work, regardless of the time of day. The first type includes constant work on the night shift.

Examples of calculations

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

An employee’s salary for a month of work is exactly 75,000 rubles. At the same time, he works 5 days a week, spending no more than 8 hours at work every day. First of all, we calculate how many hours per week the employee works. 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 manager. He worked until 00 o'clock once during the 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 20% premium and get 85.22 rubles. Let's sum it up - it comes out to 511.4 rubles. We multiply by 2 and get the amount of the increase to the monthly salary - 1,022.73 rubles.