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:
- disabled people;
- parents caring for a disabled child;
- a single parent or guardian raising a child under 5 years of age;
- mother of a child under 3 years old;
- 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:
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.
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 working 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:
- The worker was originally hired to work at night.
- The employee is involved taking into account reduced working hours.
- 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 engaging in labor activities at night. The following are not allowed for such work:
- Employees are pregnant.
- 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 normal 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
Note: It is necessary 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
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