How are night shifts paid? How to calculate surcharge for night hours

Each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.

Minimum wage increases for night work are established by the Government Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

The specific amounts of increased wages for night work are established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, and an employment contract.

Comments to Art. 154 Labor Code of the Russian Federation

1. The time from 10 p.m. to 6 a.m. is considered night time (Article 96 of the Labor Code).

2. Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of February 12, 1987 N 194 “On the transfer of associations, enterprises and organizations of industry and other sectors National economy“for a multi-shift work schedule in order to increase production efficiency,” standards were provided for remuneration for night work.

The resolution is applied taking into account changes that have occurred in the field economic activity, to the extent that does not contradict current legislation, as an example.

The additional payment for work on the evening shift is set at 20%, and for work on the night shift - 40% of the hourly tariff rate ( official salary) for each hour of work in the corresponding shift. The specified additional payment for work on the night shift is made if at least 50% of its duration occurs at night (from 10 p.m. to 6 a.m.). Such additional payments are introduced in exchange for additional wages for night work. In cases where additional payments are introduced for work on the evening or night shift less than the amount additional payment for hours of work at night, the current procedure for remuneration for work at night, provided for by law for workers in certain industries, remains the same.

3. Workers working in 2 shifts were installed additional holidays at the rate of 1 day for every 2 years worked, but no more than 2 days, and for those working 3 shifts - 1 day for every year worked, but no more than 4 days. The duration of vacations is determined depending on the number of evening and night shifts worked. Workers and employees who have worked at least 50% of evening or night shifts in a working year (at least 60 evening or 40 night shifts) have the right to these additional holidays. The length of service required to grant these leaves is calculated from January 1, 1987.

4. Due to the reduction in the duration of the night shift by 1 hour, it is necessary to make an additional payment to temporary workers in the amount of one hourly tariff rate in addition to additional payments for work at night (explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated March 17, 1989 N 6/6-140 ).

At the same time, additional payments in the amount of 40% of the tariff rate (salary) are made for each hour of work in only one shift per day, in which at least 50% of the working time is at night (from 10 p.m. to 6 a.m.).

5. Decree of the Government of the Russian Federation dated July 22, 2008 N 554 “On the minimum increase in wages for work at night” established that 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 (official salary) calculated per hour of work) for each hour of work at night.

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 in general. 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 is performing heavy work. physical work. 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 in writing, this is a legal requirement, 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 disciplinary action, impose a fine, deprive a bonus, reprimand or do 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. Minimum size the 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, maximum size extra pay for night shifts. IN modern world The legislator has taken a different path and sets only the minimum limits, 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 work

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 timesheets must be kept by the 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. Keyword on holidays and weekends, this is a 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.

Calculation examples

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 normal duration 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.

As for working on holidays, you need to know exactly how many holiday hours the watchmen worked. Let's say 48 hours. The tariff rate is 70 rubles per hour. 70*48=3360 (in addition to the basic salary, in which you will already pay for these 48 hours once, you will end up with double payment) If the salary is set, then you first need to calculate how much 1 hour of work costs. Salary/standard hours of the month (unless the Regulations on remuneration provide for a different calculation for cumulative accounting of working hours) For example, salary 15,000 rubles. In January 2017, the standard hours according to the production calendar are 136 hours. 15000/136=110.29 rub. cost of 1 hour in January. But when paying for holiday hours for salaried employees, you must also take into account whether the work on the holiday was carried out within the monthly norm of working hours or in excess of the norm, because the payment will be different. Article 153.

How to calculate night hours from salary: formula

The cashier has an hourly rate of 100 rubles. For each hour of work at night, she is paid 35% of the hourly rate. Payment for overtime work is made at one and a half hourly wage rate for the first two hours of work in accounting period and double for subsequent ones.
The store cashier was accrued for work in April 2008 wage: - for actual time worked - 18,200 rubles. (100 rub. x 182 h); — for work at night — 2030 rubles. (RUB 100 x 35% x 58 h); — for overtime work — 600 rubles. (100 rubles x 2 hours x 0.5 + 100 rubles x (182 - 175 - 2) hours x 1). There are cases when an employee sent on a business trip performs an official task at night. In such a situation, the question arises as to whether he needs to pay for work per night at an increased rate.
Let's try to figure it out.

Additional payment for night work: calculation formula

Additional payments for irregular working hours Situation: is it necessary to pay extra for night work for an employee who has an irregular working day? Night work occurs on the initiative of the organization's management. Answer: yes, it is necessary. It is explained this way. Irregular working hours are a special mode of work. Under this regime, individual employees (if necessary) may be involved in performing their work functions outside the working hours established for them.

Attention

This happens sporadically, by order of the employer. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations of the organization. This procedure is provided for in Article 101 of the Labor Code of the Russian Federation.

Payment for night hours during a shift work schedule

• Compensation

Article 96 of the Labor Code of the Russian Federation determines the period of night work - from 22.00 on one day to 6.00 on another day. When a newly hired employee enters into an employment agreement, he signs his consent to work at night - when his position requires this. In the article we will tell you how to calculate night hours from your salary and give examples with postings.

Legislation on “night” allowances According to Art. 154 of the Labor Code of the Russian Federation, a person who works at night must receive additional money for each hour he works. This norm specifies Government Resolution No. 554 of July 22, 2008, which prescribes a minimum additional payment to the hourly rate or to the hourly rate of salary - 20%. This limit represents the lower threshold, while the upper one is not set.

How to calculate night work hours

Important

IN labor legislation Only the minimum amount of additional payments has been established. There is no maximum limit. In internal documents (local regulations, labor or collective agreement) organizations can set any amount of additional payments. The main thing is that it is no less than the minimum. This is stated in Article 154 of the Labor Code of the Russian Federation.

An example of calculating additional pay for night work. A time-based wage system was established for the employee. In April, the driver of Alpha LLC, Yu.I. Kolesov worked 5 night shifts (6 hours each) and 5 day shifts (7 hours each). The employee has a time-based remuneration system with an hourly rate of 100 rubles/hour.

For night work he is entitled to an additional payment of 20 percent of the rate. The accountant calculated Kolesov’s salary for April as follows: 5 days. × 7 hours/day × 100 rub./hour + 5 days. × 6 hours/day × (100 rub./hour + 100 rub./hour × 20%) = 7100 rub. An example of calculating additional pay for night work.

Payment for night hours

Read also the article: → “Working and rest time according to the Labor Code of the Russian Federation.” It is also important to note that employees' night work may be reduced by 1 hour, meaning the employee will have to work 7 hours, without subsequently working out the missing hour. However, the reduction to a seven-hour working day at night is canceled if:

• the employee is hired only to work the night shift,
• worker is busy work activity in shift mode, and he has one day off a week.

Minimum and increased rates for night work According to Article 154 of the Labor Code of the Russian Federation, the amount of allowances for night work must be indicated in internal documents, the provisions of which “work” in the organization.

The legislation sets the minimum markup level at 20% of the hourly rate, but there are other “minimum” rates: 35% and 50% (see table).

Payment for night hours according to the Labor Code of the Russian Federation in 2018, example of calculation

The employment contract states that Zaitseva’s working day is from 17:00 to 02:00 next day(8 hours with a 1 hour lunch break). Thus, the night operating time is 4 hours (from 22:00 to 02:00). The salary of a storekeeper who works only on the day shift, according to the staffing schedule of Alpha LLC, is 20,000 rubles.

Info

Zaitseva received increased pay for night work. Her salary is 22,500 rubles. In 2015, the average monthly number of working hours at 40 hours working week is 164.25 hours. The remuneration of a storekeeper working only on the day shift, calculated for each hour of work, will be 121.77 rubles.

(RUB 20,000: 164.25 hours). The minimum additional payment for each hour of work at night will be: 121.77 rubles. × 20% = 24.35 rub. Since Zaitseva works daily on the night shift for 4 hours, the amount of the daily minimum additional payment in May will be: 24.35 rubles.

How to calculate surcharge for night hours

If an employee constantly works at night, it is enough to multiply the salary accrued for similar activities during the daytime by an increasing factor and subsequently pay the employee exactly this amount. This allows you to reduce the time spent on determining the amount of the premium and reduce the load on employees of the company’s settlement departments. The procedure for calculating the amount of additional payment for night work for piece workers The current legislation does not determine in what order the amount of the additional payment should be calculated for workers whose work is paid according to the rules of the piecework system.

In practice, the following methods are used to calculate additional payments for night work for piece workers:

1. Algorithm similar to the one above.

How is the night surcharge calculated?

And they are not provided for in the staffing table. Article 154 also does not characterize increased pay for night work as an allowance, like the government decree mentioned above. However, Article 129, which deciphers the concepts of payments related to compensation, says that they include, in particular, additional payments and allowances for work in conditions that do not correspond to the norm. Working at night may be considered deviant.

From this it follows that their payment, recorded in the staffing table as a type of allowance, does not conflict with the law. You can also apply different logic than the one outlined.

Article 96 of the Labor Code of the Russian Federation determines the period of night work - from 22.00 on one day to 6.00 on another day. When a newly hired employee enters into an employment agreement, he signs his consent to work at night - when his position requires this. In the article we will tell you how to calculate night hours from your salary and give examples with postings.

Legislation on night allowances

According to Art. 154 of the Labor Code of the Russian Federation, a person who works at night must receive additional money for each hour he works. This norm specifies Government Resolution No. 554 of July 22, 2008, which prescribes a minimum additional payment to the hourly rate or to the hourly rate of salary - 20%.

This limit represents a lower threshold, while an upper one is not established. If the employer intends to make the amount of the surcharge exceeding 20%, then he is obliged to reflect it in one of the following documents:

1. Collective agreement.
2. Fixed-term (indefinite) employment contract.
3. Regulatory document of a specific enterprise.

Important! Almost all documentation specifying the conditions and amount of additional payment for night work relates to the time of existence Soviet Union, but it is still valid today.

An increased surcharge for such documents is provided for in the following productions.

Additional payments to guards for overtime work

Article 154 of the Labor Code of the Russian Federation does not have exceptions for the obligations of managers regarding bonuses to workers who, based on the nature of their activities, are hired specifically to work at night. As can be seen from the table above, watchmen (security guards) are paid an additional fee for night work, which cannot be less than 35% of the salary (tariff paid for 1 hour).

It is not possible to include an allowance in a watchman's salary. This follows from the instructions of Art. 154 of the Labor Code states that upon admission to a position, the previously mentioned documents must necessarily indicate the exact indicator of the increase in pay for night work. Therefore, when this bonus “sits” in the watchman’s salary, it cannot be specified.

Example 1. A security guard at the private security company “Shield and Sword” worked 150 hours in a month. Of these, 50 are at night. Additional payment for night trips is 35% of the hourly rate (50 rubles).

• Accruals according to the norm: 50 rubles. x 150 hours = 7500 rub.
• Supplement per night: 50 rub. x 50 hours x 35% = 875 rub.
• Monthly salary: 7500 + 875 = 8375 rubles.

Important! The law requires that precise supplement parameters be provided to employees who operate at night.

Supplements on holidays and weekends

Art. 153 of the Labor Code prescribes that for activities carried out on holidays, salaried employees must pay:

• no less than 1 higher than the salary rate (daily, hourly), when the work fits into the monthly standard;
• at least 2, if the standard time per month allotted by law for work was exceeded.

When night work occurs on a holiday, management must give double guarantees of payment. Namely:

• twenty percent minimum surcharge;
• double or triple payment (depending on meeting or exceeding work standards).

How to reflect additional payments for night time in the staffing table

The staffing table is drawn up in accordance with the T-3 form, which provides columns six to eight inclusive - “Allowances”. In accordance with the filling procedure, they indicate payments related to compensation and incentives. This:

1. Awards.
2. Allowances.
3. Additional payments.
4. Incentives.

Such payments may be:

• specified by law (allowances for academic degrees, for work in the northern regions);
• appointed by the head of the company (due to certain conditions or a special schedule).

According to Art. 149 of the Labor Code, night activities require payments, but not bonuses. The legislation considers “night” additional payments along with the payment of overtime, days off, and part-time pay, which it does not classify as allowances. And they are not provided for in the staffing table.

Article 154 also does not characterize increased pay for night work as an allowance, like the government decree mentioned above. However, Article 129, which deciphers the concepts of payments related to compensation, says that they include, in particular, additional payments and allowances for work in conditions that do not correspond to the norm.

Working at night may be considered deviant. From this it follows that their payment, recorded in the staffing table as a type of allowance, does not conflict with the law.

You can also apply different logic than the one outlined. It follows from this that since staffing table represents local normative act, and increased payments for night hours, according to Article 154 of the Labor Code, can be indicated in such documents, then a special article can be included in it, for example, “night additional payments”.

Reflection of night hours in the time sheet

The time sheet is kept in the T-12 form - manually, automatically. The instructions for filling it out require you to indicate the hours worked day and night. Hours related to night work are reflected in column 29. Column 31 shows the number of night shifts per month.

When work begins at night and ends in the morning (or vice versa), the number of hours is indicated by a fraction. Another option can be provided: add an additional line to the timesheet. Legend regarding day and night hours:

All night hours noted on the timesheet are summed up at the end of the month. Activities that take place at night are documented in accordance with the forms established in a particular company.

Night hours during a business trip

There are options when a seconded employee is forced to perform his duties at night. For the travel time of TC in st. 167 guarantees the accrual of average earnings. The code does not comment on combining it with night activities. It is advisable to refer to the current document Soviet period– joint instruction of the Ministry of Finance and the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated 04/07/1998 No. 62 “On official business trips within the USSR.”

This document states that if a representative of an organization is sent on a business trip specifically to complete it on weekends or holidays, then they must be paid in an increased amount. Art. 149 of the Labor Code, among the conditions that differ from the norm, considers night work and work on weekends and holidays. If we take into account this fact and the logic of the specified instructions, we can come to the conclusion that when working at night during business trips, the employer must make an additional payment.

For this purpose, the traveler must submit a document indicating the fact of night work and the number of hours worked. It can be issued by the organization where the employee was sent. It would be logical to charge an additional payment, taking into account average earnings . Due to the fact that a clear the legislative framework

there is no information on this matter; the issue of additional payment for hours worked at night on a business trip is debatable.

Compensation calculated based on piecework When work is subject to piecework payment, then the night bonus accrued based on the rate established for the piecework worker. To calculate the amount to be paid, you need to multiply the following indicators:

1. Number of hours worked at night.
2. Piece rate for one hour.
3. A supplement expressed as a percentage of the hourly rate.

Example 2. Tensor LLC has determined piecework payment for making one product – 10 rubles. For a month, turner Akimov Yu.G. turned 1200 items, working 5 hours at night. His hourly tariff rate is 50 rubles/hour. According to the regulations on remuneration at Tensor LLC, the additional payment for night work is 40% of the hourly rate.

Main part of salary:

• 10 rub./pcs. x 1200 = 12,000 rub.
• 5 hours x 50 rub./hour x 40% = 100 rub.

Total amount for the month:

• 12000 rub. + 100 rub. = 12100 rub.

Supplements for shift work

When an enterprise establishes a shift schedule consisting of two, three or four shifts, then those of them that completely or partially coincide with the time period lasting from 10 pm to 6 am are accepted as night shifts. Although the Labor Code of the Russian Federation does not oblige company managers to make additional payments for all night shifts, this is again assigned to them by the “Soviet” circular. This is Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated February 12, 1987 No. 194.

It, in paragraph 9, states that the right to additional payment when organizing a work schedule that involves several shifts for each hour of work is granted to categories of workers whose area of ​​activity is:

1. Construction.
2. Industrial enterprises.
3. Communication organizations.
4. Transport industry.
5. Agro-industrial complex.

When working the night shift, they are entitled to an additional 40% of their salary (tariff). But only when night work accounts for at least 50% of the time. But paragraph 9 of the resolution was considered unenforceable by the decision of the Supreme Court of the Russian Federation dated May 21, 2002 No. GKPI2002-353. However, the Presidium of the RF Armed Forces in 2003, in turn, overturned this decision (in part, paragraph 9) by Determination No. 48pv-03.

Thus, paragraph 9 of Resolution No. 194 is still in effect today. At the same time, the Supreme Court proceeded from a broad interpretation of the scope of application of this norm. But some employers may refer to the fact that their enterprises belong to other industries not specified in Resolution No. 194, and not make additional payments. This implies the presence of a gap labor law, which makes the interests of persons working at night in several shifts unprotected.

Answers to frequently asked questions

Question No. 1. The watchman works for a company in the housing and communal services sector, which has joined the industry agreement. It provides for a larger percentage of additional payment in relation to the normative one. Can he count on receiving it?

Yes maybe. Thus, the surcharge according to the federal standard is 35%, and according to the industry standard it is 40%. The employer is obliged to adhere to the rate indicated in the industry document.

Question No. 2. Does the bonus for night work depend on working time standards?

No, it doesn't depend. Additional payment must be accrued to all employees, without exception, part of whose daily activities relate to the time period from 22 to 6 hours. At the same time, it does not matter whether they work during hours that fit into working standards or are outside them. It also does not matter whether the employee performs the actions prescribed in labor agreement or not.

It is impossible to live without work, since it is work that brings in income that is spent on food, clothing and entertainment. Shifts can be not only day, but also night. It depends on the activities of the enterprise or organization. And also from the schedule. Work at night must be paid at different rates than during the day. The legislation provides for an increase in wages for those who work in the dark.

Benefits of night shifts

Despite the fact that it is natural for a person to sleep at this time, working at night does not in any way affect his health or activity. According to studies, people maintain a fairly high working capacity during such shifts. The only thing that changes in everyday life is that a person sleeps during the day and works at night. This type of work brings additional benefits, and not just financial ones. For example, for some people, a short sleep is enough for proper rest. After getting enough sleep, you can do a lot of things during the day. And most institutions work only during the day, which means there is no need to take time off to resolve everyday and legal issues.

What is meant by the term “multi-shift mode”

This is the name of work that is performed in two or more work shifts per day (two twelve-hour shifts, three eight-hour shifts, etc.). At the same time, the organization’s employees work in different shifts, according to the drawn-up schedule. This work is organized for effective use equipment, as well as when it is impossible to stop production even for a short time.

In this case, the day is divided into day, night and evening time work. Enterprises practice a two- or three-shift schedule. The first is divided into two shifts of twelve hours each, the second - into three shifts of eight. A similar schedule exists not only in factories, it is also practiced by 24-hour supermarkets, bakeries and other service organizations.

Extra pay for evening shifts

Evening shifts are not defined as such in the Labor Code of the Russian Federation. Additional payments are made only in multi-shift modes, when working hours are divided into two periods or more. The evening shift after 22.00 (for example, before 02.00) is considered a night shift. It doesn't matter how many hours it lasts. Accordingly, pay for work at night is increased, since this period is considered a deviation from the stipulated labor standard.

If the regime is not multi-shift, then the manager himself sets the amount of compensation for the additional time. At the same time, he can also determine the hours during which the evening shift falls on his own. When working until 22.00, no additional payment is established for employees.

Payment

Considering that such shifts are considered a deviation from normal working conditions, additional pay is required for night work. Under Article 96 Labor Code In the Russian Federation, the night shift is the period from 22.00 pm to 6.00 am. The additional payment that is made at this time is of a compensatory nature, in accordance with Art. 149 of the Labor Code of the Russian Federation, payments must be increased.

Night work: calculation procedure

The amount of pay for such shifts must be specified in the collective agreement. But they cannot be lower than those provided for by law. The minimum payment established by the Government of the Russian Federation is equal to 20 percent of the tariff (salary) of the hourly daily rate. And it is calculated for each hour when working at night. The increased size for some organizations is determined by industry agreements that govern labor relations at all levels.

How is the hourly rate set?

It is determined by dividing the monthly salary by the average number of annual working hours. It can be calculated taking into account the surcharge for night time. There is no direct indication in the legislation that payment for night work is calculated separately. But this option is inconvenient not only for the employee, but also for the employer, since during the audit it will be necessary to prove that increased payments were made, taking into account the night time allowance. The additional payment cannot be included in the monthly bonus, since there are clear limits for compensation payments, and it is a separate incentive accrual.

Working as a night watchman

This is an employee, so this profession is classified as a general classifier. Any schedule is set for the watchman, which depends on the conditions specified in the specific employment contract.

It can be set to 24, 12 or 8 hour. Depends on specific organization. Salary is calculated based on hours worked per month. The work of guards at night is paid in accordance with the legislation of the Russian Federation. For shifts that include the period from 22.00 to 6.00, an additional payment is due. For each night hour, 20% of the daytime rate is added.

Work on holidays must be paid double, regardless of the schedule, except in cases where the employee took a day off instead of compensation. In this case, the payment should be in the usual amount. Night work in holidays There is also an additional charge.

Calculation example

For day and night shifts, calculations are made differently, according to the legislation of the Russian Federation. At a tariff rate of 100 rubles/hour, all hours worked at night must be multiplied by an additional 20 percent. If working hours exceed the norm established in employment contract, That extra hours are paid at double rate.

Calculation example:

• 8 hours of daytime: 8 x 100 = 800 rubles;
• 8 hours of night time: 800 + 20% = 960 rubles;
• 8 hours of the established shift and 2 additional: 800 + 400 = 1200 rubles.

All of the above refers to the norms that are prescribed by law. However, in many private organizations, the correct calculation does not always occur. In such cases, you can demand the required payment from the employer in court. But to do this, you need to have an agreement in hand, which specifies the schedule and its tariffs. If a person works unofficially, then he is not listed as an employee of the organization, and accordingly, nothing can be proven in this case.