Work on weekends with a shift schedule. Salary

Legal norms

Art.
154 of the Labor Code of the Russian Federation establishes a guaranteed additional payment for performing labor functions at night. According to standard rules, if an employee’s working conditions differ from normal, he is entitled to increased payment. Night work is work in conditions that differ from normal conditions. Along with overtime hours, work on weekends and holidays. Part 1 art. 96 of the Labor Code of the Russian Federation establishes what time is considered night according to the Labor Code - this is the period from 22:00 in the evening to 06:00 in the morning. If an employer engages a subordinate to work at night, he is obliged to pay extra. The minimum amount of additional payment is guaranteed by Government Decree No. 554 of July 22, 2008. This is 20% of the hourly tariff rate for each hour.

The amount of the additional payment is established in the employment contract with the employee and in the collective agreement of the employer. Moreover, the employer has the right to establish an additional payment in an increased amount, but not lower than that established by legislative acts. For example, the company has the right to make an additional payment of 50% for each hour.

Let's sum it up

• Night overtime hours are paid both as overtime and as extra pay for night time.
• Both one and the other compensation payment are calculated based on the cost of an employee’s working hour.
• The amount of additional payments cannot fall below the values ​​​​established by the state. The employer has the right to pay more. This must be enshrined in the company’s local regulations.
• If you are forced to regularly leave an employee on overtime, arrange an internal part-time job for him. This will help avoid unnecessary questions from regulatory authorities.

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Who should not be involved in night work?

According to general rules, night time in labor legislation is defined as work in conditions deviating from normal ones. Some workers are prohibited from being involved in work under abnormal conditions. Other workers are allowed to be involved, but only with their written consent.

Who should not be recruited to work at night:

• pregnant women;
• minor employees (except for athletes and creative workers);
• employees who have medical contraindications for night work.

Who has the right to refuse work at night:

• mothers who raise children under 3 years of age;
• employees with disabilities;
• parents and guardians raising children with disabilities;
• employees who care for sick family members for medical reasons;
• fathers/mothers raising children under 5 years of age alone;
• guardians and trustees who raise children under 5 years of age without a mother.

If your organization employs the listed employees, then when you are hired to work on the night shift, inform them of their right to refuse under their signature. If subordinates agree to night work, then formalize the agreement in writing. Additionally, we recommend asking such a specialist for a medical report on your state of health and the absence of contraindications to working at night.

Remuneration for shift work: nuances

Payroll calculation for shift work has its own characteristics compared to similar calculations in a 5-day working week with days off at the end.

With a shift schedule, the usual weekends for everyone (Saturday and Sunday) can be scheduled as working days, and the shift worker’s rest will fall during working hours.

The calculation of wages for a shift worker is specific in that the number of working hours according to the schedule may differ from the norm in the direction of increase (planned overtime) or create a planned shortfall.

Important! When using summarized working time accounting, the annual number of overtime hours cannot exceed 120 (Article 99 of the Labor Code of the Russian Federation).

To avoid errors in salary calculations during shift work, it is necessary to carry out a reconciliation procedure for the following indicators at the end of the accounting period established by the company:

• hours actually worked by the employee according to the schedule;
• number of working hours during the accounting period according to the norm.

If, upon comparison, the first indicator exceeds the second, it is necessary to calculate and pay for processing.

Important! In accordance with clause 5.5 of the resolution dated 05.30.1985 of the State Committee for Labor of the USSR No. 162, All-Union Central Council of Trade Unions No. 12-55, overtime is subject to payment in time and a half (the first 2 hours, falling on average for each working day of the accounting period) and double (subsequent hours of work).

A similar approach when paying overtime was confirmed by the Supreme Court of the Russian Federation (Section 5 of the review approved by the Presidium of the Supreme Court of the Russian Federation on February 26, 2014).

We will consider an example of calculating the salary of a shift worker with overtime in the next section.

Documentation of work at night

Documentation rules depend on how the employer involves subordinates to work at night. Follow the rules.

Hiring a new employee

If you are hiring a new specialist for night work, then formalize the employment according to general standards:

1. Draw up an employment contract. In it, state the working conditions and how night hours are paid according to the labor code.
2. Issue an order for admission.
3. Familiarize your subordinate with the internal labor regulations, provisions of the collective agreement and other local regulations.

Transfer a subordinate to night shift work

With the employee’s consent, it is possible to transfer to a position that requires night work. In this case, draw up an additional agreement to the current employment contract.

If the subordinate does not agree to the transfer, then the employer has the right to transfer him forcibly, in accordance with Art. 74 of the Labor Code of the Russian Federation, if there are real grounds. It is necessary to notify the subordinate no later than two months before the transfer.

Part-time registration

Follow the instructions:

1. Conclude an additional employment contract with your subordinate on part-time work at night.
2. Issue an order to hire a subordinate for part-time work.
3. Make an entry in the subordinate's work book if he asks for it and if he is your main employee.

You attract one-time

For a one-time engagement at night, obtain his consent and, if he agrees, issue an order. The order specifies:

• Full name of the employee;
• reason and date of attraction;
• additional payment for night hours according to the labor code;
• other information.

If you hire an employee who has the right to refuse, you will need to draw up additional documents: about familiarizing him with this right, about his consent to such work.

Indicate the hours worked at night in the time sheet with the code “H” or “02”. Unless other codes and designations are provided for in the form of the report card used by the employer.

Types of shift schedules

Depending on the company’s operating technology, shift schedules with different durations and a combination of working periods of time and rest periods may be established for different positions.

For example, for workers in such a specific field as railway transport, schedules with the following parameters can be developed:

• day and night shifts, rest after night work and a day off followed by a new work shift;
• 2 working days of 11 hours each (no night work) alternate with two consecutive days of rest;
• work shifts are combined with rest in the following combination: a working day after three days of rest.

The first form of shift work is typical for operators, station attendants, wagon inspectors and repairmen, rolling stock repairmen and other workers who provide round-the-clock reception, access and processing of rolling stock.

The specific nature of the activities of workers in the second group does not require round-the-clock presence at workplaces, but does not allow any breaks in daytime work shifts. Such workers include dispatchers for the accounting of cars requiring uncoupling repairs and other similar positions.

Working in the “every three days” mode is typical for the security service of premises and territory. We will consider further how to calculate a shift schedule for this category of workers.

How to pay for night shift

Let's look at how night shifts are paid according to the Labor Code. The calculation formula is standard:

Calculation example:

The employee's tariff rate per hour is 200 rubles. In April 2021, an employee must work 68 hours at night. The employment contract establishes increased pay in the amount of 30% of the hourly rate.

Additional payment = 200 rubles. * 30% * 68 hours = 4,080 rub.

Weekends and holidays

If an employee is required to work at night on a holiday or day off, he is due two additional payments:

• guaranteed bonus for night hours according to the Labor Code of the Russian Federation;
• increased pay for work on a holiday/weekend (or additional rest time).

The accountant calculates each of the guaranteed payments separately. The results obtained should be added up.

Let us remind you that work on holidays and weekends is paid at least double the amount. Or the employee is given additional rest time. All holidays are established by Art. 112 Labor Code of the Russian Federation. Weekends are considered to be those days that were not working hours for the employee according to the schedule. This is not only Saturday and Sunday, but any day of the week, according to the subordinate’s work schedule.

Calculation example:

Specialist with an hourly rate of 500 rubles. in January, I worked on the holiday of January 7 for 10 hours, of which 5 hours at night. We calculate the employee’s additional payments:

1. Additional payment for working on a holiday: 500 rubles. * 10 hours * 2 = 10,000 rub.
2. Additional payment for work on a holiday night: 500 rubles. * 20% * 5 hours = 500 rub.
3. Total additional payment for January = 10,500 rubles. (10,000 + 500).

What is a moving schedule

By default, the standard working time is no more than 40 hours per week - Art. 91 Labor Code of the Russian Federation.

Office workers work their quota from Monday to Friday, eight hours a day, and rest on Saturday and Sunday.

Restaurants, shops and hairdressers are not suitable for a five-day week with days off like everyone else. Therefore, in the service industry they work more than eight hours per shift and work on a rotating schedule on weekends. And the employer calculates the production rate not for a week, but for a month, quarter or year. So it’s possible - Art. 103, 104, 111 Labor Code of the Russian Federation.

For example, a chef's shift at the Shawarma cafe lasts from 9 a.m. to 9 p.m. He works for two days, then rests for two days. And so on in a circle.

A rotating schedule is often confused with a flexible schedule. But it's not the same thing. A flexible schedule is when the employer determines the total duration of the shift, and the employee decides for himself when to start and finish - Art. 102 Labor Code of the Russian Federation.

Reasons for introducing shift work

IMPORTANT! Recommendations for introducing shift work in an organization from ConsultantPlus are available here

Shift schedule is work organized in a special way, when working time is divided into two, three or four shifts, when each working group carries out its activities during one established working period of time according to an established schedule.

ATTENTION! It is prohibited for the same group of workers to work two shifts in a row.

Labor Code of the Russian Federation in Art. 103 provides for the possibility of organizing work on a shift schedule. The law specifies the features of this schedule and the circumstances that may serve as grounds for its introduction :

• the features of production require a continuous labor process;
• under normal operating conditions, the duration of the working day will exceed the permissible duration established by law;
• such a schedule will help increase the volume of products or services provided;
• thus, the efficiency of using equipment, machinery and tools increases.

IMPORTANT! The objectivity of these grounds allows the employer to introduce a shift schedule when he finds it appropriate.

Division into shifts

To work on a shift schedule, all personnel are divided into work groups (teams, shifts), each of which will work during one time period allocated to them. They perform their work sequentially; the purpose of such an organization is to eliminate pauses in the production process.

The Labor Code of the Russian Federation does not give clear recommendations on the division of workers into shifts. There is no minimum limit for group composition. Therefore, by default, based on the definition of “group of employees” used in the legislation, it follows that in order to introduce a shift schedule, the staff must have at least three employees, since it is impossible to work two shifts in a row (two work in different shifts, and the third is on vacation).

The number of shifts is also not limited by law. In practice, enterprises most often choose a two- or three-shift option, less often a four-shift option. An employer can divide a day into any number of shifts, depending on the number of its personnel and the nature of the work.