Many manufacturing enterprises have established a shift work schedule, implying work not only during the day, but also at night; the most common options are such modes as “day/night/48 hours of rest”, or “every other day”. Regardless of the principle on which the regime and routine are based, the Labor Code of the Russian Federation obliges payment for work at night at an increased rate, because this is not considered work under normal conditions.

Below is an example where the employer incorrectly calculated the paid time, and the employee managed to obtain unpaid money:

Maksimenko S.A. employed at Alliance LLC as a salesperson. The organization operates around the clock, staff work schedule is day/night/48. In February, the work shift of Maksimenko S.A. fell from 20 o'clock. 00 min. 22nd to 08:00 00 min. 23rd. The manager paid only for work time from 00 o'clock. 00 min. until 06 o'clock 00 min., i.e. only night hours. Maksimenko S.A. filed a complaint with the Trade Union, and the commission came to the conclusion that the employer violated the Labor Code norms, because Work at night and on holidays must be paid separately.

Thus, even if the employee’s shift occurs at night, and the date is a holiday, the employer must pay wages according to separate items: for night hours and for holidays.

It also happens that you have to involve employees who work on a daily daytime schedule to work at night. Most often this occurs when it is necessary to eliminate the consequences of an accident at an enterprise, take inventory, etc. To do this, the manager must issue an order to hire people to work on a day off, containing the following information:

  • In this connection, employees must go to work at night or on their day off;
  • Date and time when it is necessary to be present at the workplace after hours;
  • An order to pay double for the required number of hours;
  • Signature of the director, accountant and persons involved in overtime work at night or on weekends.

Payment on weekends at night: what does the Labor Code of the Russian Federation say?

According to the norms of the Labor Code of the Russian Federation, for night work, employers are required to pay their subordinates at least 20% of the daily salary or tariff rate. Work on holidays and weekends is paid separately at double the rate, so employees actually receive two additional payments.

If the working conditions of employees deviate from normal, i.e. they have to perform their duties at night, when calculating additional payments, they must be guided by the following standards:

  • Labor Code of the Russian Federation and other acts containing labor standards, but not contradicting the Code;
  • A collective agreement certified by a representative of the Trade Union organization;
  • Labor agreements concluded with personnel;
  • Addendums to employment contracts with employees;
  • Local documents of the organization.

Payment for work at night and on holidays is regulated by different articles of the Labor Code of the Russian Federation; accordingly, employees are entitled to both types of additional payments. So, according to Art. 96 of the Labor Code of the Russian Federation, “night time” should be understood as the period from 22:00. 00 min. until 06 o'clock 00 min. For example, if an employee works from 8 p.m. 00 min. until 08 o'clock 00 min. the next day, then the time from 8 to 10 pm is paid at the usual rate, and from 22 o'clock. until 06 o'clock in the morning - double.

What specific norms of the Labor Code of the Russian Federation must be followed when calculating payment for work on holidays and at night:

  • Art. 96 Labor Code of the Russian Federation;
  • Art. 154 of the Labor Code of the Russian Federation on payment for night work;
  • Art. 153 of the Labor Code of the Russian Federation on payment on weekends and official holidays.

The last two articles should be considered in more detail. Yes, Art. 154 of the Labor Code of the Russian Federation indicates that each hour of work outside the established schedule must be paid at an increased rate, and it cannot be lower than the monetary base regulated by legal acts. The exact amounts of remuneration for night work are established by collective agreement, taking into account the opinion of representatives of the Trade Union and can only deviate to a greater extent.

It is worth noting that, even if employees are employed on a shift schedule that involves working at night, they are still entitled to compensation for this, as well as additional payments for holidays. The only exception is the situation when, instead of cash payments, the employer provides subordinates with time off for overtime: in this case, additional payments are canceled.

Art. 153 of the Labor Code of the Russian Federation, which regulates the specifics of remuneration on weekends or holidays, obliges additional payments to be made in at least double the amount:

  • For employees working at hourly or daily tariff rates - at least one daily rate in accordance with the tariff;
  • For employees working on a transaction basis - a minimum of double piecework wages;
  • For employees receiving a salary in accordance with their official salary - at least one hourly or daily rate in excess of the salary, provided that the work was performed within the established number of working hours according to the monthly norm. Double payment is made if processing exceeds the monthly norm.

Thus, labor legislation allows increased additional payments for overtime work, but they must be made at double the rate. Also, the law does not prohibit the establishment of increased additional payments for work on holidays and weekends, however, this must be reflected in local acts of enterprises: labor or collective agreements, additional agreements to them, etc.

Payment for night hours on holidays: what is the amount of additional payments?

To understand the principle of calculating additional payments for night work, it is worth familiarizing yourself with a more detailed example:

Pavin S.Yu. works at Master LLC at an hourly rate of 300 rubles. By order of his manager, he had to go to work on January 1 (an official holiday) from 20:00. 00 min. until January 2, 06:00 00 min. Thus, he worked 8 holiday hours, which also occurred during the night time periods. The calculation will look like this:

300 (payment per hour of work) x 8 (number of hours worked) x 2 (double size) +2400 x 0.35 (surcharge coefficient) = 5,640 rubles.

What is the procedure for paying for hours worked at night on public holidays?

To attract employees to work at night or on holidays, if they do not have a shift schedule, the employer must issue a corresponding order or instruction in writing. Sometimes the consent of employees belonging to special socially protected categories is required to work outside of working hours. Which citizens are:

  • Women raising children under three years of age;
  • Disabled people and employees with dependent disabled children;
  • Subordinates caring for elderly or sick family members;
  • Employees raising a child under 5 years of age alone.

It is also worth highlighting categories of citizens who, by law, cannot be involved in work at night, even with their written consent:

  • Minor employees;
  • Pregnant women.

Particular attention should be paid to the time sheet, because... It is on him that the correct payment for the hours worked of each employee depends. As a rule, heads of departments or personnel officers are responsible for maintaining this document, but other employees can also be appointed responsible at the direction of the manager. On days when employees worked during non-working and holiday hours, you must enter the code “03” or the letter “RV” on the timesheet, both options are considered correct.

Due to the fact that the law allows additional payments for overtime work, organizations can independently establish increased payments, which must be reflected in local regulations. If the minimum payments established by the Labor Code of the Russian Federation are not made to employees, they can contact several competent organizations:

  • Trade union (if employees are members of this body);
  • State Labor Protection Inspectorate;

When applying as evidence, you can use salary certificates, witness statements and other facts confirming the systematic violation of labor laws by the employer. Based on the results of the inspection, an order or court decision will be issued to him, on the basis of which a fine will be imposed on violators, as well as an obligation to pay unpaid money for certain periods of work.

Payments to employees performing their duties on a legal holiday or day off are calculated at a double rate (Article of the Labor Code of the Russian Federation). At each enterprise, regulations stipulate specific tariffs, rates and interest that are charged for work on weekends and non-working days. They should not be less than the tariffs indicated in the Labor Code of the Russian Federation.

When an employee agrees to work on his legal day off or holiday, he can take an additional day off (time off), but the non-working day worked will not be paid double.

Working conditions at night

If an employee goes on a shift at night, then, in accordance with Art. Labor Code of the Russian Federation, the employer is obliged to pay him an increased rate, but not less than an additional 20% of his salary.

Pay for night shifts should be guaranteed to be higher than pay for a standard shift under normal working conditions.

The tariffs for payments to employees for working at night are prescribed in Resolution No. dated July 22, 2008. Just like work on a day off, the performance of official duties at night is described in the regulations of the enterprise, where clearer amounts of payments are indicated together with the opinion of the trade union body.

Work at night on weekends

As mentioned earlier, for a shift worked on a day off, the employee is entitled to time off, or he is required to pay double the rate for work. For going on a non-working night shift, the surcharge increases by at least 20%. Accordingly, if an employee goes on a shift at night on his non-working day, the company is obliged to pay him double the rate + 20% of his salary for one shift.

When an employee goes on a night shift on a holiday, payment is subject to special conditions for a non-standard work process; for more details, see Art. Labor Code of the Russian Federation.

The company does not have the right to set rates for night work below the above 20% above the hourly salary. In Art. The Labor Code of the Russian Federation describes the working conditions for night shifts, namely a clear schedule from 22:00 to 06:00.

So, if an employee goes on a night shift on his day off or a public holiday, he is entitled to receive double pay, namely double the rate (hourly work) and 20% of his standard salary for the shift.

Work activities may not always be limited to an eight-hour working day; for some professions, night shifts are a matter of course.

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Sometimes the need for night work may be temporary. But under any circumstances, pay for night work cannot be identical to the daytime rate.

Legal basis

According to the Labor Code of the Russian Federation, night work is considered to be the period from ten o'clock in the evening to six o'clock in the morning. When working during this period of time, the employee is entitled to additional payment.

The amount of the bonus for night shifts can be established by the employer, but it indicates that this bonus cannot be less than 20% of the tariff hourly rate for each night working hour.

According to all-Russian statistics, the standard amount of compensation bonus for night work is 40%.

Thus, such professional categories as:

Despite the relatively recent adoption of the Resolution, previously adopted laws on additional pay for night work continue to apply. According to them, the above-mentioned employees are prohibited from establishing an additional payment of 20%.

In accordance with labor legislation, not all categories of workers can be involved in night work, so it is prohibited to work at night:

  • pregnant women;
  • women with children under three years of age;
  • minor workers;
  • single parents with children under five years of age.

Women and men with small children or raising them alone can sometimes work at night, but only with their written consent.

Moreover, the employer is also required to familiarize them in writing with the right to refuse night activities.

The minimum amount of additional payments for work at night is established by Decree of the Government of the Russian Federation No. 554 of July 22, 2008 “On the minimum amount of increase in wages for work at night.”

It is this act that provides for a minimum 20% surcharge for each night hour based on the tariff rate for one daytime hour. In this case, no other allowances or surcharges are taken into account in the calculation.

Calculation of additional pay for night work

To calculate the amount of additional payment for night work, first of all, it is necessary to calculate the amount of payment for one working day, for which you need to divide the amount of the monthly salary specified in the employment contract or staffing table by the number of working days in the calendar month.

Next, this value must be divided by the number of working hours per day. The result will be the daily tariff rate. This value must be multiplied by 20 percent. The resulting number will be the size of the nightly tariff rate.

Important nuance! If the number of working hours exceeds that specified in the contract, then overtime payment is made at a double rate.

But when calculating the amount of the bonus, the category of the employee should be taken into account. For example, if guards are given an additional payment for night work in the amount of twenty percent of the daily rate, this will be a direct violation of the law.

The above-described form for calculating surcharges is established by law. But sometimes commercial organizations conduct “their own” calculations that absolutely do not comply with the norms.

If an employee does not agree with the amount of bonuses, he has the right to appeal this in court and demand the due payments.

To prove that you are right, you must have an employment contract in your hands, which clearly states the work schedule, method of payment and tariffs. In the absence of an official document on employment, it will not be possible to prove anything.

On weekends and holidays

As stated in the Labor Code, work on holidays and weekends is paid double or as usual, but with an additional day off.

If an employee works in accordance with the normal production calendar, then everything is clear - Saturday, Sunday and state-established holidays are considered non-working days, that is, double pay is due for work during this time.

But at the same time, an important condition is important - if the employer wants the employee to work on a non-working day, then he is obliged to issue an appropriate order. In this case, the employee must familiarize himself with it and confirm his consent in writing, by signature.

When work is carried out on the basis of a shift schedule, the situation is slightly complicated by the fact that workers’ working days and weekends do not correspond to generally accepted ones.

That is, if according to the employee’s schedule Saturday and Sunday are working days, then they are not paid additionally.

Things are a little different with holidays. If, according to the schedule, an employee’s working day falls on a day that is a holiday, based on the Labor Code, then double payment is due.

Well, if an employee has to work on a weekend or a holiday at night, what kind of bonus is he entitled to?

In such a situation, the employee must be accrued two bonuses separately - for night time and for going on a non-working day, then these amounts are added up and added to the established daily tariff rate.

For example, medical workers working at night on a holiday are paid 50% of the tariff rate for each night hour as a bonus, plus one day rate is added.

Important points

For night work, an allowance is due, but only for those hours that are legally considered night hours.

For example, if an employee’s work shift begins at eight o’clock in the evening and ends at four in the morning, then only the time after ten o’clock in the evening specified by law will be additionally paid.

If an employee constantly works night shifts, then it is not necessary to constantly calculate night time bonuses. It is enough to multiply the salary by the increase percentage, and you will get the amount of the salary to be paid.

If it is impossible to determine the amount of additional payment in individual cases due to the lack of proper definition in the law, then the amount can be specified in the internal documents of the organization.

For example, legally defined additional payments are designed for time workers, that is, with piecework payment for activities, you can indicate the amount of additional payment for night time in the organization’s Regulations on remuneration.

Labor legislation determines only the minimum amount of additional payment; nothing is said about the maximum.

That is, the organization can personally determine how much interest to pay for work at night. The main thing is that the set value is not less than the required minimum.

Workers who work on a rotational basis are also subject to the provision of increased pay for night work. In this case, the additional payment is calculated on the amount of the salary or rate; increments for shift work are not taken into account in the calculation.

Separately, it is worth considering the activities of workers with irregular work schedules. If this condition is provided for in the contract, the employer is free to involve some employees in work duties during non-working hours. Such involvement is formalized by order of the head.

Based on the provisions and Labor Code, overtime during an irregular schedule is compensated by the provision of additional vacation time, the duration of which is established by a collective agreement or the internal rules of the organization.

At the same time, payment for work at night applies to all categories of workers and there are no restrictions.

That is, if an employee performs his duties at night, then he should receive the required bonus, even if his schedule is not standardized.

If activities at night are predetermined directly by the work schedule, for example, when a shift schedule includes several shifts during the night period, then you can once, at the time the work schedule is established, acquaint the employee with a document about his right to not accept night shifts.

If the performance of labor functions occurs occasionally, then each time it is necessary to provide the employee with the right to refuse and obtain his written consent to work at night.

For women

Women who are pregnant and women with children under three years of age are not entitled to work at night.

If a woman has a child in the age category from three to thirteen years, she can work at night, but only on condition that she has confirmed in writing that she is familiar with the right to refuse night work and has also expressed in writing her desire to work at night.

However, it must be taken into account that in this case the duration of night work should not exceed a four-hour period over two days, and in a year the duration cannot exceed one hundred and twenty hours.

Human physiology is such that at night he needs rest. In most cases, work coincides with the usual biorhythms, and problems arise only with early awakening. However, there are situations when the interests of the company require night work.

This may be a planned continuous production or an emergency situation. But in any case, staying awake at night is quite difficult for many. In this regard, the law provides bonuses for employees, namely additional pay for working at night.

Night working hours - from 22.00 to 6.00

The concept of “night time” is defined in accordance with Art. 96 Labor Code of the Russian Federation. According to it, this concept covers the period from 22.00 to 6.00 the next day.

The work shift must be one hour shorter than the day shift, and this hour is not subject to further work. But there are exceptions to this rule:

  • the employee was hired specifically to work at night;
  • is already working on a reduced schedule;
  • a person works on a six-day schedule with one day off;
  • when production specifics require it.

Who can work at night

Employees are required to work at night depending on production needs and changing schedules. The employer does not have the right to leave the following categories of employees at work after 22.00:

  • pregnant women;
  • persons with medical contraindications;
  • minors.

There is an exception to the last point. If the activity of a person under 18 years of age is related to artistic or creative activities, his work at night is permissible. This rule is usually used when minors are required to participate in performances or filming. In all other cases, it is prohibited to engage pregnant women and minors to work at night, even if they themselves express such a desire.

Only with the written consent of the employees themselves can you withdraw:

  1. disabled people;
  2. parents caring for a disabled child;
  3. a single parent or guardian raising a child under 5 years of age;
  4. mother of a child under 3 years old;
  5. persons who, according to a medical certificate, are caring for a sick family member.

At the same time, the law obliges not only to invite them to go to work at night, but also to notify them in advance of the right to refuse this. In case of refusal, he has no right to force, even in cases where the need for night work is dictated by an urgent need - an accident, a shift worker’s failure to show up for work, etc.

How is night work paid?

They should pay significantly more for night work!

Since working at night contradicts the physiological needs of the body for rest and causes discomfort to a person, the employer is obliged to compensate for it with increased pay. The amount of the bonus is regulated by internal local acts of the organization (collective agreement, Regulations on remuneration), but cannot be less than 20% of the standardized wage (Article 106 of the Labor Code of the Russian Federation). It does not matter whether a person works piecework, hourly or salaried. But if there is a lunch break at night, it is not paid.

Increased payment is subject to each hour that the employee spent at the workplace between 22.00 and 6.00 while performing job duties. But if it involves presence at the workplace beyond this time, for example, from 20.00-8.00, time beyond the legally established night period is paid in the usual way. The exception is when local regulations provide for additional payments, for example, for evening hours.

Example. Seller V. worked a full month, which included 20 working days (160 hours). Of these, 10 occurred on the second shift, which lasts from 16.00-24.00. Thus, the number of night hours each shift is 2 hours, and for the entire month 10*2=20. Let's say her salary is 20 thousand rubles, and the night coefficient in the company is 20%. Then the additional payment for work at night will be: 20000/160*20*0.2=500 (rub.).

There are nuances of remuneration for night work regarding business travel allowances. So, if the assigned tasks require night work, this time is paid on a general basis. But if night time occurs on the road, additional payment for this is not provided by law and remains at the discretion of the employer. Travel to the place of work is also not included in the payment, even if it falls at night.

Night overtime pay

There are situations when the need to stay after 22.00 is caused not by the work schedule, but by an emergency situation: failure to fulfill the plan, lack of a shift worker, accident, etc. According to the Labor Code of the Russian Federation, overtime work is also paid at an increased rate: the first 2 hours with a coefficient of 1.5, subsequent ones - at double the rate. If the overtime hours fall at night, they are increased by both factors.

Example. K. works as a service technician. His working day ends at 20.00. But due to an accident at the site, he had to stay at work until 23.00. Thus, overtime work amounted to 3 hours. Let's say that the rest of the time he worked according to schedule. In this case, he has 1 hour of night work on his timesheet (from 22.00-23.00). In addition to the increase by the night factor, this time is subject to double pay as the third hour of overtime. Let’s say K.’s salary is 30 thousand rubles, and the company has established a night bonus of 30%. If for the current month K.’s working hours are 168 hours, then the additional payment for night work will be:

30000/168*2=357.14 (rub.) – additional payment for overtime;

30000/168*0.3=53.57 (rub.) – additional payment for night time.

Plus, an additional payment will be added for the first two hours of overtime work: 30000/168*1.5*2=535.71 (rub.). Thus, the total additional payment will be 357.14 + 53.57 + 535.71 = 946.42 (rub.).

Night work on weekends and holidays

All payment nuances depend on the organization you work for.

Like overtime, pay for night work on a weekend is subject to double increase - both night and after-hours. At the same time, if a person works on a shift schedule, days off are considered not the calendar day, but the days of rest provided for by this schedule. Work on holidays is paid double, regardless of the schedule.

For example, the company has a continuous shift schedule, in which the second shift occurs from 19.00-7.00 the next day with a lunch break from 24.00-1.00. Thus, the duration of the work shift is 11 hours, and night work is 7 hours. Due to the fact that L. went on another vacation, management asked O. to work his shift on his day off.

Thus, work on a weekend will be paid at double the rate plus the standard night bonus. If O.’s salary is 25 thousand rubles, the standard working time in the current month is 176 hours, and the company has adopted a standard 20% bonus, for night work on a day off he will receive for that day:

  • 25000/176*11*2=3125 (rub.) – payment for work on a day off;
  • 25000/176*7*0.2=198.86 (rub.) – payment for night hours.

The total additional payment will be equal to: 3125+198.86=3323.86 (rub.).

Another example. The company operates a continuous shift schedule. Employees whose night shift fell on the day from 4.11 (a public holiday) to 5.11, in addition to the standard 20% bonus, will receive payment with an increasing factor for 2 hours of work on 4.11 (from 22.00-24.00). Those whose shift fell from 3.11-4.11. will receive an additional payment for hours from 24.00-6.00.

Example. S. went to work in accordance with his schedule from 7.03 to 8.03. The shift lasts from 18.00-5.00, lunch break from 23.00-24.00. Thus, 5 hours fall on a holiday, a total of 6 hours fall on the night shift. With a salary of 20 thousand rubles. and 176 working hours per month, for work that falls on a holiday, S. will receive:

  • 20000/176=113.64 (rub.) – average hourly salary;
  • 113.64*5*2=1136.4 (rub.) – additional payment for work during holiday hours;
  • 113.64*6*0.2=113.64 (rub.) – additional payment for night work;

The total additional payment for this day will be: 1272.82 (RUB)

Industry agreements

The law defines a minimum surcharge of 20%. beyond this coefficient the employer sets at its discretion. But there are exceptions: if a commercial organization has signed an industry agreement, it must pay for night shifts in accordance with it. The following figures apply today:

  • 40% for construction organizations;
  • 35% for employees of railway transport, metro, catering organizations;
  • 75% for textile and plywood industry enterprises;
  • 100% in the production of bread, cereals or flour.

In addition, some industry agreements provide bonuses for evening work in addition to increased pay for night work. They also have other financial guarantees for employees, for example, timely indexation of salaries.

Rules for bringing to work

To bring an employee to work at night, his prior notification and consent is required.

Night work, like other irregular working conditions, requires prior notification of workers and obtaining their consent. The exception is cases when night work is scheduled. In this case, the employee’s signature in the employment contract or in the annex to it is sufficient (if the change in work mode occurred after).

If the need to stay at work after 10 p.m. appears sporadically and is not related to the work schedule, you need to draw up an order. Before doing this, you must obtain the employee's consent to do this. To do this, a document is drawn up in which the employee confirms with his signature his readiness to go to work at night. An order is issued based on this document.

It indicates the full name of the employees, the time and date of unscheduled work, and the payment procedure. All employees specified in the order must also sign to confirm familiarization. In the future, based on this order, the accounting department will make the necessary additional payments.

Employee consent is not required for overtime work, including at night, in the following cases:

  • when it is necessary to prevent an accident or eliminate its consequences;
  • when the organization’s activities are related to the defense of the state;
  • when the consequences of natural disasters are eliminated;
  • when work is related to providing people with necessary communications and household services: electricity, heat supply, gas, etc.

Certain categories of employees

If the employee belongs to the category of persons specified in Art. 96 of the Labor Code of the Russian Federation, the employer must not only obtain their consent, but notify in writing of the right to refuse such work. Only after they sign the document can an order be drawn up.

There is some debate among lawyers about whether prior notice is required of workers' right to refuse night work if they are assigned to a shift schedule. Some believe that a person’s signature in an employment contract automatically means their agreement with the proposed work schedule. Others note that formally, a signature on a document does not indicate their awareness of their rights.

Perhaps they would choose another activity that does not require attendance at night. There is no judicial practice on these issues. But if the employer wants to insure himself against possible troubles in the future, before signing an employment contract with the relevant categories of employees, he can notify them, against signature, of the right to refuse to work at night.

Working at night has its pros and cons. It allows you to receive increased pay. For people whose activity occurs in the second half of the day, night wakefulness is quite easy, and at the same time they give free time during the day. At the same time, it can lead to health problems.

Also, not all family members are ready to put up with such a work schedule for a loved one. Therefore, when deciding to work at night, especially on a permanent basis, each person is guided by his own motives. The main thing is that at the legislative level, material compensation for the inconvenience caused is guaranteed. The law also provides protection for citizens for whom night work is harmful or inconvenient. It is permissible to involve them in it only with their written consent, and in some cases it is impossible at all.

Watch a video about pay at night:

As we said, he is entitled to an additional payment for working on a holiday (day off). It is also due for night work. Therefore, in this case, the company is obliged to charge both the first and second surcharges. Let us remind you that the minimum additional payment for night work is 20 percent of the hourly (daily) rate or salary, and work on a weekend or holiday is paid at double the rate.

Expert opinion

According to Article 149 of the Labor Code, when performing work in conditions deviating from normal (in particular at night, on weekends and non-working holidays), the employee is paid additional payments provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, Amounts of payments that a collective agreement, agreements, local regulations, employment contract cannot be lower than those established by labor legislation and other regulations containing labor law norms.

Persons whose work is paid at daily and hourly tariff rates, work on a non-working holiday is paid in the amount of at least double the daily or hourly tariff rate (Part 1 of Article 153 of the Labor Code of the Russian Federation).

According to Part 1 of Article 96 of the Labor Code, night time is considered to be the time from 22:00 to 6:00. In accordance with Part 1 of Article 154 of the Labor Code, each hour of work at night is paid at an increased rate compared to work under normal conditions.

If the work hours fall at night on a non-working holiday, then the employer is obliged to provide both types of compensation specified simultaneously for work during such hours.

V. Penkin, expert of the Legal Consulting Service

I. Mikhailov, reviewer of the Legal Consulting Service GARANT

Example

ZAO Salyut has a five-day, 40-hour work week (8 hours a day) with two days off (Saturday and Sunday). The standard working time in February of this year is 159 hours. At the same time, the company employee worked on February 23 (a non-working holiday) for 6 hours (from 00:00 to 6:00). The total number of hours worked in February is 165.

According to the regulations on wages, work on holidays is paid at double the rate, and wages for work at night increase by 20% of the hourly (daily) tariff rate.

Situation 1

Ivanov has an hourly tariff rate of 225 rubles/hour. Ivanov’s salary for February will be:

225 rub./hour × 159 hours = 35,775 rub.

225 rub./hour × 6 hours × 20% = 270 rub.

225 rub./hour × 6 hours × 2 = 2700 rub.

35,775 + 270 + 2700 = 38,745 rubles.

Situation 2

Ivanov’s salary was set at 36,000 rubles. In this case, for additional payments for work in conditions deviating from normal conditions, an hourly rate is used, calculated as the ratio of salary to the number of hours according to the schedule of the corresponding month.

Ivanov’s hourly tariff rate in February will be:

36,000 rub. : 159 hours = 226.42 rubles/hour.

The additional payment for night work (6 hours) will be:

226.42 rubles/hour × 6 hours × 20% = 272 rubles.

Payment for work on a holiday will be:

226.42 rubles/hour × 6 hours × 2 = 2717 rubles.

Ivanov’s total salary for February will be equal to:

36,000 + 272 + 2717 = 38,989 rubles.

Situation 3

Ivanov’s salary was set at 36,000 rubles. In this case, to calculate additional payments for work in conditions deviating from normal conditions, an hourly rate is used, calculated as the ratio of salary to the average monthly number of working hours per year.

The average monthly number of working hours this year will be:

1986 h: 12 months = 165.5 hours

The hourly tariff rate will be equal to:

36,000 rub. : 165.5 hours = 217.52 rubles/hour.

The additional payment for night work (6 hours) will be:

217.52 rubles/hour × 6 hours × 20% = 261 rubles.

Payment for work on a holiday will be:

217.52 rubles/hour × 6 hours × 2 = 2610 rubles.

Ivanov’s total salary for February will be equal to:

36,000 + 261 + 2610 = 38,871 rub.

Based on materials from the reference book "Salaries and other payments to employees"
edited by V. Vereshchaki