Shift work schedules often include night work. For the employee, such work carries an increased burden, therefore, the payment for it should be higher. Employees are often concerned about the issue of pay during shift work, in particular when they are busy at night.
Let's consider how the laws of the Russian Federation relate to this issue, how accounting occurs when working outside of normal hours, how to calculate payment, and we will show this with a specific example.
How to establish shift work in an organization ?
The law allows you to work at night
Despite the fact that most organizations operate during the day, the specifics of certain types of work require night (and sometimes round-the-clock) operation. Just for such enterprises, there is a shift work schedule, according to which part of the shift or the entire shift falls during hours usually intended for sleep and rest.
The regulations for the organization and payment of such work are prescribed in Art. 96 and 154 of the Labor Code of the Russian Federation.
Is payment for night work included in wages in order to correlate it with the minimum wage?
Which shifts are considered night shifts?
The law declares night work hours to be from 10 p.m. (10 p.m.) to 6 a.m.
A shift will be considered a night shift if at least half of it consists of work within the specified time period. Payment at the night rate will be only for the hours that make up this period; the rest will be rewarded, as is customary in day shifts. The definition of “night shift” in this case is significant for deciding the issue of attracting or not attracting a certain category of employees.
ATTENTION! According to Art. 96 of the Labor Code of the Russian Federation, the night shift should be 1 hour shorter than the corresponding day shift.
The night shift is not reduced by an hour in certain special cases, namely:
- the employee was specifically hired for night work, and this is reflected in the employment contract;
- the employee has a reduced schedule;
- The shift schedule is based on a 6:1 scheme;
- when the shift cannot be shortened due to the nature of production.
Question: How to pay for overtime work at night when recording working hours with a long accounting period (for example, a quarter)? View answer
Full time job
Some professions and activities require permanent night shifts. For example, a security guard or a nurse cannot work without a night shift. In this case, the work shift is not shortened, but the specifics of the work schedule must be determined by the employment contract.
ATTENTION! Even in this case, pregnant women and persons under 18 years of age are not allowed to work night shifts.
With written consent, representatives of such categories as mothers raising a child under 3 years of age, parents of disabled children, and others may be admitted.
Documents on payment for night work
An enterprise must necessarily regulate the conditions for organizing and calculating remuneration for work outside normal hours. This should be implemented in the following local acts:
- in the regulations on wages (general or issued specifically for night hours);
- in the collective agreement (the opinion of the trade union body must be taken into account)
- in an employment contract with an individual employee;
- in the order to attract an employee to work at specified hours (if this is done one-time or an employee is attracted from a special contingent).
IMPORTANT! An order is necessary only in special cases; with a permanent schedule with night shifts, it is enough to fix the payment procedure in the Regulations.
The procedure for attracting an employee to night work
When an employer intends to engage a specialist to work at night, he must perform the following actions:
- Inform the employee against signature of the new work schedule at least 1 month in advance. If the employee belongs to the category that is required to work at night by agreement, the message indicates the right to refuse the offer. An additional medical certificate confirming the absence of contraindications is also required. Notification is given when night work is required. After notification, an order is issued by which the employee is required to work at night.
- The working hours are specified in the employment agreement if the night shifts are permanent. If initially the work was daytime, then transferring to a night work schedule requires additional registration. agreements to the contract (Article 72 of the Labor Code).
- The time worked at night must be indicated on the employee's time sheet. Opening hours at night o.
- Payment is made based on the timesheet.
Nuances of attracting disabled people to work at night
- The working conditions of disabled people differ from ordinary ones and are regulated in addition to the Labor Code and Federal Law No. 181 of November 24, 1995 “On the social protection of disabled people in the Russian Federation.”
- The duration of their working day is reduced to 35 hours, while full payment remains unchanged (Article 92 of the Labor Code).
- The position of a disabled person should not be worsened compared to other employees - he has the right to claim the same wages for his work.
- At night, disabled people are involved in work only with their consent and taking into account their state of health.
- Working conditions must comply with IPRA - an individual rehabilitation and habilitation program.
To attract a disabled person to night work, it is necessary to fulfill the following requirements (paragraph 5 of Article 96 of the Labor Code):
- Obtain confirmation that the proposed work is permitted due to the employee’s health and does not conflict with the IPRA.
- Inform the employee of his right to refuse the proposed work at night.
- Before starting work, obtain written consent from a specialist to engage in night work.
- Draw up an additional agreement to the employment contract that specifies all the conditions of the new job (duration, schedule, payment, etc.).
Even with consent, if there are contraindications, a disabled person should not be allowed to work at night - this is a violation.
Each employee is entitled to a mandatory additional payment if he worked at night on a permanent or temporary basis. The level of surcharges is necessarily fixed in internal regulations. As with regular work, when working at night, employees also have the right to time for lunch and rest.
The field of labor law always has many nuances in practice, so if it is impossible to solve a specific problem, you should seek the help of a labor law lawyer. He will explain how to do the right thing and avoid violations of workers' rights. You can always consult for free. If it is necessary for a specialist to be personally present and carry out individual assignments, the work will already be paid. The amount of remuneration is discussed at the meeting.
Special contingent of personnel
Certain categories of employees do not have the right to work night shifts, without taking into account their opinion on this matter. Another list defines the circle of workers who can be involved in night work if they express their consent.
It is prohibited to work at night:
- women expecting a baby;
- minor workers, except for special categories provided for by the Labor Code of the Russian Federation and certain federal laws, for example, those involved in performances or other events.
You can work at night with written consent:
- mothers of young children (under 3 years old);
- disabled people of any group;
- employees who care for disabled people;
- workers caring for unhealthy family members (according to medical opinions);
- single parents with children under 5 years of age;
- guardians of children under 5 years of age.
FOR YOUR INFORMATION! An employee belonging to this category must be warned in writing that he has the right to refuse to work at night, and in turn, have his consent endorsed.
How to draw up a consent
There is no standard form for such a document; it can be compiled in any form. But, nevertheless, certain requirements for text and design must be observed.
ATTENTION! You cannot allow a person to work at night without consent.
The employee writes a document in which he indicates his data and consent to work on the night shift (it falls from 10 p.m. to 6 a.m.). A medical certificate is attached to the written consent, which will confirm the possibility of night work. The employee must sign and number this consent.
The consent is then reviewed by management and the HR department. The HR department draws up an order to involve this employee in activities on the night shift.
Factors determining the amount of pay for night shifts
The law establishes increased pay compared to daytime hours for each hour worked at night. The size of this increase depends on several important nuances:
- the minimum wage for night work established by the state;
- numbers set out in the relevant local act (usually the additional payment is a percentage of the daily salary or tariff);
- the number of night hours during which the employee was busy.
The amount of additional payment for each night hour of work cannot be less than a fifth of the regular daily salary (Article 154 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of July 22, 2008 No. 554).
NOTE! A shift schedule or a regular schedule is accepted in the organization; night hours are paid according to the same principle - with an additional payment.
Night on a business trip
If an employee must work at night while on a business trip, this does not change the mandatory additional payment. The only difference is that the employer is not obliged to pay extra for night hours spent on the way to the business trip, although he can do this on his own initiative and desire.
How is a flight paid at night if an employee returns from a business trip on a day off and the flight is partially carried out at night?
What if it's overtime?
It’s one thing when night hours are included in the work schedule, and a slightly different situation when they end up being worked beyond the norm, even with a shift schedule. How to make payment in such cases?
It is necessary to apply both the extra pay per night and the overtime factor, which is 1.5 for the first two hours of overtime and 2 for the subsequent time.
Is lunch provided? From when and until when?
The employer has the right not to provide rest if the specialist works less than 4 hours, but with a designation in the contract.
In other cases, when working at night, the employee is guaranteed a break. It is used for rest and eating, lasting from half an hour to two hours (paragraph 1, article 108 of the Labor Code).
The exact start time of rest and its period are prescribed in the internal labor regulations. However, breaks should not be given at the beginning of work and when it ends.
If working conditions do not require the employee to be removed from the workplace, the employer provides the specialist with the opportunity to have lunch during the working period (paragraph 3 of Article 108 of the Labor Code).
If both night and day shifts are employed, lunch breaks must be of equal length. Otherwise, the employer’s actions will be regarded as discrimination in the labor sphere (Article 2 of the Labor Code).
It is possible to provide several short breaks for lunch, but be sure to last at least half an hour each.
Examples of night wage calculations
Example 1. Payment for night hours with a fixed salary
Employee Polivanov K.I. with a salary of 25 thousand rubles. per month Works on a shift schedule 5 days a week (Monday to Friday). His evening shift is from 20:00 to 04:00. According to his schedule, he has 10 such shifts per month. The local act of the enterprise establishes a 20% share of additional payment for work outside normal hours. We will calculate the amount of the surcharge.
For the accounting month Polivanov K.I. fully worked the hourly quota corresponding to the production calendar (170 hours). Night hours each shift account for 6 hours (from 22:00 to 04:00), for a month this will be 6 x 10 = 60 hours. We need to find the average hourly tariff rate: 25,000 / 170 = 147 rubles. Let's calculate the amount of the night supplement for each hour: 147 x 0.2 = 29.4 rubles. For 60 odd hours you will need to pay an additional salary of 60 x 29.4 = 1,764 rubles.
Providing travel conditions for workers
When introducing night work, the employer should consider a number of factors:
1) coordinate the beginning and end of night shifts with the schedules and routes of public transport in order to create maximum convenience for employees;
2) take appropriate measures to eliminate or reduce additional costs associated with travel and improve the safety of employees when traveling at night;
3) provide means of transport if public transport does not operate at that time of day;
4) provide compensation for additional transportation costs at night.
Note: if the need to deliver employees is related to the operating hours or location of the enterprise, or if employees do not have the opportunity to get to work and back by public transport, then providing free delivery or compensation for employee travel expenses in this case is not considered as their economic benefit (income). Accordingly, there is no need to withhold personal income tax on such income. This position is confirmed by letters of the Ministry of Finance of the Russian Federation dated 03/06/2013 N 03-04-06/6715 and dated 10/20/2011 N 03-03-06/1/680. We also believe that labor or collective agreements should provide for payment or travel conditions for employees.
