Instructions for working at night. Night shifts according to the labor code

Not all organizations have the ability to stop production and dismiss workers for the night. Making activities at night is suitable for such circumstances.

International Labor Organization sets framework for night workers. Echoing it, the labor code regulates night work by guaranteeing benefits. In the article, we will figure out from what hour night time is considered and how it is paid according to the Labor Code.

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Night time concept

Night time according to world regulations is a period of time within 7 hours, which lasts from midnight to 5 in the morning. Commissioning consultations are given by the unions of employers and workers, after studying the collective agreements.

Night time in the labor legislation of the Russian Federation is defined as hours from 10 pm to 6 am, with the length of work or shift reduced by 1 hour.

Watch the night shift video:

Legislative regulation

Night work is ordered:

  • Art. , , , Labor Code;
  • Art. 5.27 of the Code of Administrative Offenses of the Russian Federation;
  • Decree "On the minimum amount of wage increases for work at night";
  • Decree "On approval of the list of professions and positions of creative workers";
  • Industry agreements on the river fleet, radio-electronic industry, etc.;
  • the Convention "On Night Work" (not ratified, it is impossible to refer to its provisions in disputes on the territory of Russia);
  • Local NPA.

The last two cannot go against the Labor Code of the Russian Federation.

Who is not allowed to work?

Night work is prohibited:

  1. Certainly (pregnant);
  2. Conditionally (children under 18, disabled people, women with small children, etc.).

Pregnant women

Of course, work is prohibited from 22 to 6 in the morning for pregnant women. Even if there is a statement and readiness, the employer cannot leave a woman in such a job.

Two alternatives:

  • assignment to a similar job or to the same daytime job;
  • removal from work with abandonment, if the transfer is not possible.

The woman must bring proof of pregnancy. If she remains in her previous position, then the employer may have problems, up to paying a fine.

Children under 18

Conditionally work at night is prohibited for children under 18 years old, if they are not involved in the presentation of performances, musical compositions(child actors, circus performers, etc.).

Women with small children

Women with small children are divided into three categories:

  1. With children under the age of 3;
  2. With children under the age of 5 without a spouse;
  3. Guardians of children under 5 years old.

Night shift is allowed for such workers, only if the woman has given consent and there is a medical certificate that allows you to work. The worker enjoys the waiver of night work, and the manager is obliged to provide her with a similar job.

From night work fathers with children under 5 years old without a spouse are exempted by the same rules.

Disabled

The employer will provide privileges for:

  • people with handicapped;
  • having disabled children;
  • caring for sick relatives (not necessarily disabled).

These groups must also give a written agreement and submit honey. conclusion allowing you to work at night. The employer introduces them on receipt with the right to refuse. For other categories, consent is not required.

Employee consent form:

Peculiarities

Enterprises themselves adopt acts that supplement the number of days off. According to the schedule, a fraction of the time may fall at night. Labor time is reduced by an hour, which does not need to be completed. The shift lasts without reductions if:

  • working time is already less than 8 hours;
  • The position involves being at work at night.

The local act of the enterprise may contain provisions that are different from the federal ones, therefore, before giving consent, you need to familiarize yourself with the act.

A night shift can be equal to a day shift if:

  • this is ;
  • shift work with one day off per week.

Internal contracts designate the forms of work when the night shift lasts the same as the day shift.

The laws of the Russian Federation do not stipulate how many night shifts can be worked per month.

The shift schedule or local rules of the organization determine the amount of shifts. The manager introduces these papers before being sent to the night shift.

The duration of rest after a night shift is not regulated by the Labor Code. The following principle applies throughout: after the night shift there should be a rest period equal to two shifts, i.e. if a person has worked 8 hours, he must rest at least 16.

How to calculate hours in a timesheet?

Schedule sheet can be filled out according to forms or documents accepted by the organization. Time can be reflected separately evening and night. The columns contain alphabetic and numeric codes. For example, alphabetic: "H" or "B", digital "2". The head can accept his conditional symbols, about which an order is issued.

An example of filling out a time sheet (clickable):

You can fill in the columns for each day. In the form T-12, columns 4-6 are filled in, in T-13, section 4 is filled in. You can put down the code with a letter or number, and in the line below them - hours and minutes of work.

If the employee works in shifts, then you need:

  • Add columns to samples T-12 or T-13;
  • Put down the hours of operation in codes.

The form of accounting developed by the company is usually contains rows for night and day span.

You can take into account the work schedule, which begins during the day and ends at night with fractional designations. The term of work is indicated in numbers through the line.

Payment

Overnight pay will be higher. This is stated in the labor laws. The percentage is also indicated there, less than which the employer cannot do.

The percentage above can be accepted:

  • collective agreement;
  • local NLA;
  • labor deal.

By law, the leader approves the surcharge by listening to the opinion of the trade union and taking it into account.

The Government of the Russian Federation has appointed a 20% bonus for night work. It cannot be installed below. Industry agreements set a higher percentage of the allowance (for example, 40% for multi-shift workers in the river fleet).

The calculation is carried out in stages:

We consider how much is allocated for work in the night part of the day:

Total time – busy time during the day = time worked at night

Calculate the hourly rate:

Rate / total number of hours = hourly rate

Calculate how much an hour of night work costs:

Hourly rate x 20% (or % accepted by the organization) = amount in excess of the rate

Hourly rate + amount over the rate = work for one hour at night

We calculate according to the formula how much to pay for the work:

Cost of an hour at night x time worked at night = amount of remuneration for night work

Calculation example:

I. Taneeva works 12 hours, from 20.00 to 08.00. Rate per day 1000 rubles. The manager set a 30% increase in night work pay. We count in stages:

Working hours at night:

12-4 = 8 hours

Hourly rate:

1000 / 12 = 83,34

Night work hours:

83.34 x 30% = 25.01

83, 34 + 25,01 = 108,35

Night work reward:

8 x 108.35 = 866.80

Such formulas are suitable for calculating the remuneration of both watchmen and production workers.

How to calculate night hours from salary: it is necessary to calculate the cost of one hour of the employee's working time. Further, the cost of a working hour is multiplied by a multiplying factor and by the number of hours worked at night.

If the night shift of an employee falls on, both allowances must be calculated.

Registration of night shifts

Internal rules and the shift calendar are the main documents that establish the periods of night and day work.

If taken specifically at night or in shifts:

  • get acquainted with the regime;
  • sign an employment contract.

If, when hiring, it was supposed to be carried out in the daytime, but then the company switched to a shift schedule:

  1. 30 days before the introduction of the schedule, familiarize everyone with it under signature;
  2. issue a transfer order.

Sample order for entering night time:

If the employee is included in a group for which night work is conditionally prohibited:

  1. announce a new schedule;
  2. inform under the signature of the right of refusal;
  3. ask the consent of the employee;
  4. after the worker provides honey. conclusion about the possibility of working at night;
  5. an order is issued to transfer the employee to the appropriate schedule.

Employer may hide night shifts or not pay due wages. Then the workers go to court. Any evidence of night work is allowed in court, so proving it is often quite easy. The addition of pay for work is not included in bonuses and other incentive payments.

In accordance with the international classification, the term "night work" means any work that is carried out for a period of at least 7 hours in a row, including the interval between midnight and 5 o'clock in the morning *.

Part one of Article 96 of the Labor Code of the Russian Federation provides for a clearer framework for night time - this is the period from 22 hours to 6 hours.

The main motive that guides the employer when attracting employees to work at night is the desire to achieve high economic results: production growth, increasing its efficiency, increasing production potential, reducing the need for capital investments, etc.

From the point of view of loading production capacities, the employer needs the physical wear and tear of the equipment used to prevail over its obsolescence.

In addition, the use of night work may be due to other reasons: for example, the need to ensure a continuous production process, when technology does not allow the employer to stop production at night (for example, maintenance of a blast furnace), the duration of the production process exceeding the daily work rate, the need to ensure the protection of the employer's property , obligatory round-the-clock monitoring of equipment operation, etc.

Thus, in most cases, the goals of introducing a night mode of operation have their justification. However, since the endurance of the human body is still not comparable with the wear resistance of equipment, and also due to social, ethical and other aspects at the legislative level, there are restrictions on the will of the employer to use the night work of workers.

Let's consider these restrictions in detail.

* Article 1 of the ILO Convention on night work dated 26.06.1990 No. 171.

Organization of work of workers at night

First of all, the legislator outlined the boundaries of night time, defining in the first part of Article 96 of the Labor Code of the Russian Federation that time from

22 hours to 6 hours (i.e. as in the ILO Convention of 06.26.1990 No. 171).

In addition, part of the second named article of the Code establishes a rule according to which the duration of work (shift) at night is reduced by 1 hour without additional working off in order to exclude cases of forcing employees to work the “night” hour (by which the night shift was reduced) on the next day shift.

This approach is explained, first of all, by biological reasons: the night shift is the most difficult in terms of physiological addiction, sleep and well-being. During the night shift, the number of errors in the performance of work especially increases, and fatigue accumulates.

Studies show that after several night shifts in a row, sleep deprivation usually accumulates, which affects work productivity and increases the likelihood of an accident. Also, according to research, the number of pronounced "larks" and "owls" is only 5% of the population. Most workers need more than 1 week for their body to fully get used to night work. Any partial addiction is lost on the weekend following the night shift. Thus, the biorhythms of permanent night workers are always in a state of disturbance*.

*Peter Knauth. Duration of work // Encyclopedia of Safety and Occupational Health. T. 2. - International Labor Office, Ministry of Health and Social Development of Russia, 2001. - S. 309.

That is why the legislator reduced the duration of work (shift) at night by 1 hour - in order to improve the tolerance of night work - and banned its working off.

The exception is employees who have already established a reduced working time (for example, employees employed in work with harmful and (or) dangerous working conditions, etc.), as well as employees who are hired specifically for work at night (part three of Article 96 Labor Code of the Russian Federation). For these workers, night work is not reduced, unless otherwise provided by the collective agreement.

According to the fourth part of Article 96 of the Labor Code of the Russian Federation, the duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off.

The list of the specified works can be determined by the collective agreement, the local normative act.

For employees of some industries, the legislation provides for a clarification of the above rule, in particular, the Regulation on the peculiarities of the working hours and rest time of communications workers with a special nature of work, approved by order of the Ministry of Communications of Russia dated September 8, 2003 No. 112, it is established that with continuous round-the-clock operation of communications work at night is equalized with the duration of work during the day, when it is necessary for working conditions.

As follows from the Decree of the Council of Ministers of the USSR dated February 12, 1987 No. 194 “On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift mode of operation in order to increase production efficiency”, which is used in the part that does not contradict the Labor Code of the Russian Federation, the introduction of the specified a regime in which work (shift) at night is reduced by 1 hour is carried out by the organization without reducing targets in terms of production volume and labor productivity. That is, in this case, the employer himself should be interested in providing the most favorable conditions for highly productive work and good rest for employees.

In order to fully utilize the potential of the staff, it is necessary to start solving all related production and social issues already at the stage of planning the transfer of production to a multi-shift operation.

When redistributing workers across shifts, the proposals and wishes of the team should be taken into account to the maximum extent, using polls, questionnaires and other forms of identifying public opinion for this. World practice follows the same path: before the introduction of work schedules requiring the use of night work, the employer consults with representatives of the workers concerned regarding the specific content of such schedules and forms of organization of work at night, which are most adapted to the enterprise and its personnel, as well as relatively necessary measures on occupational health and social services*. Exactly

* Article 10 of the ILO Convention on night work dated 26.06.1990 No. 171.

Article 103 (part three) of the Labor Code of the Russian Federation directly instructs the employer, when drawing up shift schedules, to take into account the opinion of the representative body of employees. At the same time, shift schedules, as a rule, are an annex to the collective agreement.

Night work can have a negative impact on family life, social participation and social contacts. The depth of the problems may depend on many factors, such as: type of shift system, gender, age, marital status, composition of the worker's family, etc. Compared to other shift systems, a constant night shift has the most negative effect on family members who must adjust their lifestyle under this schedule, on the ability of the worker to fulfill their family functions. However, some workers see certain benefits in night work. So, in the night shift, workers usually feel more independent due to the weakening of control from the authorities. In addition, the night shift can be chosen for economic reasons - working at night means an increase in income due to increased pay for night hours.

At the same time, when deciding on the composition of night shifts, one should not only be guided by considerations of the expediency of using certain workers, but also take into account the specifics of the work of workers with family responsibilities and other categories of workers that the legislator established in the relevant articles of the Labor Code of the Russian Federation.

So, according to part five of Article 96 of the Labor Code of the Russian Federation, the following are not allowed to work at night:

Pregnant women;

Employees under the age of 18 (with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with the Labor Code of the Russian Federation and other federal laws).

These restrictions are caused by the psycho-physiological and age characteristics of these categories of workers, and the establishment of prohibitions is the implementation of the state policy for the protection of motherhood and childhood, ensuring the health of young people.

The legislator also established certain protection against arbitrary involvement in work at night in relation to other categories of workers listed in the same norm of the Labor Code of the Russian Federation (part five of Article 96):

Women with children under the age of 3;

Disabled;

Employees with disabled children;

Employees caring for sick members of their families in accordance with a medical report;

Mothers and fathers raising children under the age of 5 without a spouse, as well as guardians of children of this age.

The listed employees may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. This is explained by the fact that when caring for a child or another family member, such workers, due to objective circumstances, reduce the amount of free time and the duration of sleep. In order to create favorable conditions that allow them to combine work with social life, labor legislation grants them the right to work at night at their own discretion.

As for the disabled, their right to choose night work is also limited by their state of health. However, not every disability prevents normal work at night, for example, this, as a rule, is not prevented by a disorder in the functions of the organs of vision and hearing, and in some cases, the musculoskeletal system. In addition, there are many jobs, the performance of which at night requires less physical and emotional stress from the employee. Therefore, the ban applies only to disabled people with medical contraindications, and the involvement of disabled people who do not have medical contraindications to work at night is subject to their written consent.

According to part five of Article 96 of the Labor Code of the Russian Federation, when deciding on the issue of engaging in night work, the above workers must be familiarized in writing with their right to refuse to work at night. These requirements predetermine a special approach to formalizing the involvement of these categories of workers. The most common form is obtaining a statement of consent from the employee

to work at night. Such a statement may be drawn up in any form or on a stencil form developed by personnel service. In a number of organizations, the execution of documents called “Consent to work at night” is practiced.

The name of this document is not of fundamental importance - it is important that it contains the explicit consent of the employee to perform his work duties at night, an indication of the absence of medical contraindications and confirmation that the employee was familiar with his right to refuse to work at night (an approximate version of this document, see "GI PAPER" on page 73). It seems that the employer should request such consent in each case when he intends to involve the employee in work at night, as well as in writing to acquaint the employee with his right to refuse to work at night (an approximate form of such consent is given in the "PAPERS" section - p. 74).

This method is acceptable for registering the involvement of employees already working in the organization to work at night (for example, when placing an employee on a night shift, etc.).

Due to the fact that part five of Article 96 of the Labor Code of the Russian Federation provides for obtaining the consent of an employee for any work at night, it seems that this rule also applies when an employee is hired specifically for work at night. In this case, the relationship is formalized in a different way. First of all, the condition on working at night should be included directly in the employment contract as a feature of the work and rest regime, which, according to part two of Article 57 of the Labor Code of the Russian Federation, must be reflected in the contract as a mandatory condition if this regime differs from general rules operating for this employer.

The consent of the employee can also be expressed in a separate document (for example, an application for employment), the details of which, together with the details of a medical report indicating that work at night is not prohibited to the employee for health reasons, are indicated in employment contract.

In practice, certain difficulties arise when deciding whether an employer can involve an employee in night work, based on his oral message that night work is not prohibited to him for health reasons. Based on the fact that the legislator formulated it in

as a separate but indispensable condition for engaging in night work, the employer must not rely on the employee’s words and, together with the employee’s statement of consent to work at night, ask the latter to submit a medical report, from which it would follow that contraindications for work in night time is not available.

Part six of Article 96 of the Labor Code of the Russian Federation provides for the possibility of deviating from the generally established rules in relation to creative and other categories of workers: according to the specified norm, the procedure for working at night for creative workers of means mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees approved by the Government of the Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.

List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of the labor activity of which are established by the Labor Code code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252 (given in the section "PAPERS" - p. 75).

With regard to the rest of the workers, it should be borne in mind that if the work and rest regime established for them does not involve working at night, then the involvement of such workers in night work should be carried out in accordance with the rules provided for in Article 721 of the Labor Code of the Russian Federation ( individual cases) or Article 74 of the Code (for example, the introduction of a shift regime that provides for work at night).

When choosing a shift system (developing a schedule), the following provisions should be followed. The transition from one shift to another is recommended to be carried out regularly after a certain number of working days in accordance with the shift schedule. In this case, a direct (day, evening, night, day, evening, etc. "in a circle") order of alternation of shifts or a reverse one (day, night, evening, day, night, etc.) is allowed. Intersectoral recommendations for the development of rational work and rest regimes, approved by the USSR Ministry of Health *, recognize the direct order of shift alternation (day, evening, night, day, evening, etc.) as preferable, since it corresponds to the natural daily rhythm of human natural processes. In any case, shift rotation should be preferred over full-time night work.

It is also worth thinking about how to reduce the amount of night work and its negative impact on workers, for example, by:

Reducing individual unusual hours of work;

Reducing the unnecessary part of night work (some activities can be moved to the morning or evening when reviewing the production process and technology);

Using a mixed shift schedule (for example, at least 1 month a year without shift work);

Transition from 2-shift to 3-shift or from 3-shift to 4-shift;

Introduction of additional shift teams; etc.

When solving the issues of organizing the work of workers at night, when drawing up shift schedules, one should also remember the requirements of Article 103

of the Labor Code of the Russian Federation, which establishes, among other things, a ban on working for two shifts in a row (part five), and the obligation of the employer to bring shift schedules to the attention of employees no later than 1 month before they enter into force (part four).

* Moscow, publishing house "Economics", 1975.

Providing conditions for rest, food and travel of employees.

Night shifts must necessarily provide for breaks in work (this follows from Article 100 of the Labor Code of the Russian Federation), despite the fact that some employers consider such breaks "unproductive interruption of working time."

Work and rest time during the shift should be in the optimal ratio in order to minimize fatigue. We must not forget about the social aspect of the rest period (meaning communication between employees).

The schedule and the total duration of breaks should take into account the burden that workers bear due to the peculiarities of night work. A break is also needed for eating, for which the employer should take care of organizing hot meals for employees, establishing a convenient working mode for canteens and buffets at work, or coordinating the break time with the opening hours of third-party catering establishments.

It should be borne in mind that working at night leads to a change in the sequence of hours of eating (at night, the stomach cannot cope with the composition and quality of a typical daytime meal). Therefore, during night work, it is recommended to set the main meal time before 1.00 am. This food should

be rich in proteins rather than carbohydrates and have a low fat content. At around 4:00-4:15, nutritionists advise snacking on fresh fruit or dairy products*.

*Peter Knauth. Duration of work // Encyclopedia of Safety and Occupational Health. T. 2. - International Labor Office, Ministry of Labor and Social Development of the Russian Federation, 2001. - P. 317.

It is well known that night shift productivity is reduced if the work consists of boring, repetitive, monotonous tasks. Therefore, it is necessary to try to provide a break in the production process for physical education, which will increase the tolerance of night work.

When introducing night work, the employer should also take into account social factors and carry out a number of the following organizational measures:

Coordinate the beginning and end of night shifts with the schedules and routes of ground public transport in order to create maximum convenience for workers working at night;

Take measures to limit or reduce the amount of time night workers spend traveling from their place of work to their place of residence, as well as eliminate or reduce the additional costs associated with their travel and improve their safety when traveling at night;

Provide collective means of transport for persons working at night, if public transport does not operate at this time of the day;

Provide appropriate compensation for additional overnight travel costs.

magazine "Personnel of the enterprise" №3, 2011

  • HR records management

Keywords:

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Night work is necessary to ensure a continuous production process or due to its duration and a number of other reasons. However, employees of not only commercial structures, but also state and municipal institutions are involved in work at night. In the article, we recall the main points of applying this mode of operation, taking into account the nuances existing in the legislation, we will talk about the guarantees provided, and we will also deal with wages and give examples of its calculation.

Fundamentals of getting to work at night

The main provisions regarding night work are listed in Art. 96, 149, 154, 224, 259, 268 of the Labor Code of the Russian Federation. At the same time, Part 1 of Art. 96 stipulates that night work is considered to be work in the interval from 22.00 to 6.00. Labor legislation establishes restrictions on engagement in night work. So, in Art. 96 names the categories of persons who cannot be involved in work at night, even if only part of the work falls on this time:

- pregnant women (Article 259 of the Labor Code of the Russian Federation);

- employees under the age of 18, with the exception of persons involved in the creation and (or) performance of works of art, and athletes (Articles 268, 348.8 of the Labor Code of the Russian Federation).

Article 96 of the Labor Code of the Russian Federation also establishes categories of persons who are allowed to work at night only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. These include:

- women with children under the age of three;

- disabled people and employees with disabled children;

- employees caring for sick members of their families in accordance with a medical certificate issued in the prescribed manner;

- mothers and fathers raising children under the age of five without a spouse (wife), as well as guardians of children of this age.

The named persons must be familiarized in writing with their right to refuse to work at night, in connection with which the form of the document, under which the employee’s consenting signature is placed, must contain excerpts from Art. 96 of the Labor Code of the Russian Federation on his right to refuse to work at night.

Note. Guarantees provided to women in connection with motherhood, in particular, the restriction of night work, apply to fathers raising children without a mother, as well as to guardians (custodians) of minors (Article 264 of the Labor Code of the Russian Federation).

Note that in terms of familiarizing employees with the right to refuse to work at night, the following options are possible.

If work at night is due to the mode of working hours itself (for example, shift work), then it is possible to familiarize the employee with his right to refuse such work once - at the moment when the appropriate work mode is established for the employee.

If the need to work at night arises from time to time, then the employee should be acquainted in writing with the right to refuse such work each time.

Consent to night work can also be expressed in the job application. The details of such an application, together with the details of a medical report indicating that the employee is not prohibited from working at night for health reasons, should be indicated in the employment contract.

Let us clarify that the Procedure for issuing certificates and medical reports by medical organizations to the categories of employees under consideration is currently established by Order of the Ministry of Health and Social Development of the Russian Federation of 02.05.2012 N 441n. Disabled workers in accordance with Art. 11 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in Russian Federation» an individual rehabilitation program is issued, which is mandatory for organizations of all forms of ownership and provides recommendations regarding the performance of work at night.

It should also be noted that, for personal reasons, employees may hide the fact that night work is contraindicated for them, for example, for health reasons or due to the fact that they provide for disabled children. Here the employer's hands are tied - he cannot verify the accuracy of the information provided by the employee and is not entitled to ask the applicant for other documents, in addition to those provided for in Art. 65 of the Labor Code of the Russian Federation, except for the case when the obligation to request additional documents is established by federal laws, decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation. And if during the course of work it turns out that the employee’s right to work at night is limited, the employer will not be liable. But such an employee will need to be transferred in accordance with Art. 73 of the Labor Code of the Russian Federation for other available work that is not contraindicated for him for health reasons. If the employee refuses the proposed transfer or there are no suitable jobs in the institution, the employment contract can be terminated on the basis of paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

If the employer knew about medical contraindications, but still involved an employee to work at night, for whom such work is contraindicated for health reasons, then he may be held administratively liable.

When engaging in night work, it must be remembered that, depending on the category of employees and the type of work performed, the duration of duties at night may be normal or reduced.

It should also be borne in mind that according to parts 4 and 5 of Art. 103 of the Labor Code of the Russian Federation in a situation where employees are hired for shift work, the following are established:

- prohibiting them from working for two shifts in a row (for example, immediately after working on the night shift, you cannot continue to work on the next shift);

- the obligation of the employer to bring the shift schedules to the attention of employees no later than a month before the entry into force.

Working time

According to part 2 of Art. 96 of the Labor Code of the Russian Federation, the total duration of work (shift) at night is reduced by one hour without further revision. For example, if during the day shift an employee is at the workplace for eight hours and one hour is allotted to him for a break, then during the night shift such an employee will work only seven hours and he will also be given an hour for a break. The fact is that, taking into account its specifics, work at night is difficult, unusual for a person, affects his well-being (more fatigue, less stress resistance, mistakes may become more frequent). These factors not only affect productivity, but also increase the likelihood of accidents.

Note. The employee must be provided with a break for rest and meals of no more than two hours and no less than 30 minutes, which is not included in working hours. For some types of work, additional breaks for rest and heating are provided, which are included in working hours. At the same time, the time for providing a break and its specific duration are established by the internal labor regulations or by agreement between the employee and the employer (Articles 108, 109 of the Labor Code of the Russian Federation).

Here we note that even with a reduction in the time of work at night, the Labor Code of the Russian Federation does not contain provisions on the reduction of the established norm of working time - it should not decrease if the duration of the work shift is reduced at night. That is, the work schedules should be calculated in such a way as to ensure working out in compliance with the monthly (quarterly, annual) norm of working hours.

However, there are exceptions to every rule. So, part 3 of Art. 96 of the Labor Code of the Russian Federation provides that at night, working hours are not reduced for employees of the following categories:

- for whom a reduced working time was initially set (for example, persons employed in work with harmful and (or) dangerous working conditions, medical, pedagogical workers, minors). In labor contracts with employees in this case, it is necessary to indicate that they belong to a category for which the law establishes reduced working hours. It is also possible to additionally prescribe the condition that during night work their working hours are not reduced in accordance with the Labor Code;

- for those taken specifically for work at night. Their employment contracts should include a clause on night work - this is mandatory due to the provisions of Art. 57 of the Labor Code of the Russian Federation.

At the same time, the legislation does not prohibit the establishment of reduced hours of work at night in the listed cases; for this, an appropriate condition must be prescribed in the local regulatory act of the institution.

Note. The reduced duration of work (shift) at night should be distinguished from the reduced duration of working hours established by Art. 92 of the Labor Code of the Russian Federation.

Also, in some cases, the duration of work at night and during the day - for example, when it is necessary for working conditions, in shift work with a six-day working week with one day off. The list of these works may be determined by a collective agreement, a local normative act (part 4 of article 96 of the Labor Code of the Russian Federation).

It should be noted that the procedure for the work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, local normative act, labor contract. The list of these professions and positions of creative workers was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.

Accounting for night work

According to part 3 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. For this, the unified form T-13 "Timesheet" approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 can be used. In this case, the timesheet is filled out as follows. In the upper lines of column 4, opposite the name of the employee, the code of work at night (code "H" or "02") is affixed, and the duration of work in hours and minutes is indicated in the lower lines. If an employee starts working during the day and then continues at night, then a second line can be provided in the time sheet for the same employee. In these lines, you should separately indicate the time of work during the day (code "I" or "01") and at night (code "H" or "02").

However, for this it is necessary to know the norm of working hours for certain periods (month, quarter, year), which is calculated on the basis of the estimated schedule of a five-day working week with two days off in accordance with clause 1 of Order N 588n * (1). It is calculated based on the duration of daily work (shift) and is:

- with a 40-hour work week - 8 hours;

- if the duration of the working week is less than 40 hours - the number of hours obtained by dividing the established duration of the working week by 5.

We add that on the eve of non-working holidays, the working time is reduced by one hour.

In accordance with Part 2 of Art. 112 of the Labor Code of the Russian Federation, if a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday. If the suspension of work in the institution is not possible on non-working holidays due to production, technical and organizational conditions, then the transfer of days off, provided for in Part 2 of Art. 112, is not carried out (clause 2 of Order N 588n).

The norm of working time calculated in the prescribed manner applies to all modes of work and rest.

Ensuring conditions for the passage of workers

When introducing night work, the employer should take into account 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 during night crossings;

3) provide means of transport if public transport does not operate at this time of the day;

4) to provide compensation for additional transportation costs at night.

Note: if the need to deliver employees is related to the mode of operation or the location of the enterprise, or if employees do not have the opportunity to get to and from work by public transport, then the provision of free delivery or reimbursement of travel expenses for employees in this case is not considered as their economic benefit (income). Accordingly, there is no need to withhold personal income tax from such income. This position is confirmed by the letters of the Ministry of Finance of the Russian Federation of March 6, 2013 N 03-04-06/6715 and October 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.

Pay at night

In accordance with paragraph 7 of Art. 2 of the European Social Charter of 03.05.1996 (in the Russian Federation this document entered into force on 01.12.2009), in order to ensure the effective exercise of the right to fair working conditions, it is necessary that workers employed in night work receive benefits that take into account the special nature of this work . This provision is reflected in Art. 154 of the Labor Code of the Russian Federation: each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by both labor legislation and other regulatory legal acts. At the same time, the specific size of the increase is established by the employer in the collective agreement or other local regulatory act of the institution (Decision of the Armed Forces of the Russian Federation of December 24, 2009 N GKPI09-1403). Recall that it does not matter whether the employee works at night constantly (accepted specifically to perform work at night) or from time to time.

It should be noted that compensation payments in accordance with clause 3 of the List of types of compensation payments in federal budgetary, autonomous, state-owned institutions, approved by Order of the Ministry of Health and Social Development of the Russian Federation of December 29, 2007 N 822, include payments for work in conditions that deviate from normal (with performance of work of various qualifications, combination of professions (positions), overtime work, work at night and when performing work in other conditions that deviate from normal). That is, the employees of these institutions are subject to all provisions for wages at night.

Note. According to Decree of the Government of the Russian Federation of July 22, 2008 N 554 "On the minimum amount of wage increases for work at night", the minimum amount of additional payment for work at night is 20% for each hour of work at night and is determined based on the hourly tariff rate (salary calculated per hour of work) excluding other surcharges and allowances.

Accordingly, if the surcharge for night work is set by regulatory legal acts at a rate greater than 20%, then the surcharge must be made based on the terms of the regulatory legal act (Letter of Rostrud dated 10.28.2009 N 3201-6-1).

When determining the surcharge for night work, one should not forget about the norms of departmental regulations. For example, Order of the Federal Drug Control Service of the Russian Federation dated October 30, 2008 N 364 approved the Regulation on the remuneration of medical and pharmaceutical workers of medical institutions of the Federal Drug Control Service of the Russian Federation and medical divisions of territorial bodies, educational institutions Federal Drug Control Service of the Russian Federation, according to clauses 7 and 8 of which:

- employees of medical institutions and departments are given an additional payment of 50% of the hourly tariff rate (official salary) for each hour of work at night;

— employees of medical institutions and departments engaged in the provision of emergency, emergency and emergency medical care, field personnel and communications workers of the emergency medical department are paid extra for night work in the amount of 100% of the hourly tariff rate (official salary).

We also want to draw your attention to the fact that employees of some categories of extra pay for night work in an increased amount are provided for by industry agreements. And if surcharges for night work are established by both the normative act and the industry agreement, then the employer is obliged to apply the most favorable provisions for the employee.

In addition, night workers are subject to rules providing for additional payment if overtime work is performed on weekends or holidays. That is, employees are entitled to appropriate surcharges for each of these grounds.

Note! If the institution uses a rolling work schedule, then work that falls on weekends should be paid in a single amount.

At the same time, hourly tariff rates for determining additional wages for work at night are calculated * (2):

- employees whose work is paid at daily tariff rates - by dividing the daily rate by the corresponding length of the working day (in hours);

- employees whose work is paid at monthly rates (salaries), - by dividing the monthly rate (salary) by the number of working hours according to the calendar in a given month.

Separately, we note that in addition to the additional payments considered by local regulations, the employer may provide for other, additional forms of material compensation for work at night in order to motivate staff. However, the employer should also use "moral" incentives - for example, provide additional social services (voluntary medical insurance).

Consider examples of calculating wages at night.

Example 1

In a health care institution, drivers of ambulances have a summarized record of working hours with an accounting period of a month.

Surcharge for night work is 50% of the hourly rate.

In September 2013, the driver worked 168 hours, 56 of them at night.

The hourly tariff rate for drivers is set at 100 rubles.

During the daytime, the driver worked 112 hours (168 - 56).

Wages for daily hours of work will be 11,200 rubles. (112 hours x 100 rubles).

Salary for night hours - 8,400 rubles. (56 hours x 100 rubles x 50%).

That is, for September 2013, the driver will be credited wage in the amount of 19,600 rubles. (11,200 + 8,400).

Example 2

The official salary of an employee is 15,000 rubles. With a 40-hour working week established in the institution, according to the time sheet in September 2013, the employee worked 112 hours during the day and 56 hours at night. The working hours for this month are 168 hours. For each hour of work at night, the collective agreement establishes an additional payment of 30% of the hourly tariff rate.

The employee worked the normal working hours.

The hourly rate of an employee in September 2013 was 89.29 rubles per hour (15,000 rubles / 168 hours).

The amount of additional payment for work at night will be 6,500.31 rubles. (89.29 rubles per hour x 56 hours x 30%).

During the daytime hours, the employee should accrue 10,000.48 rubles. (89.29 rubles / hour x (168 hours - 56 hours)).

Accordingly, the accrued amount of remuneration will be 16,500.79 rubles. (6,500.31 + 10,000.48).

According to the Labor Code of the Russian Federation, hours of work from 3 a.m. to 6 a.m. are considered night hours and must be paid at an increased rate. But if the relevant norm of the Decree were left in force, it would turn out that the employee should not receive any additional payments. After all, the duration of his shift is 7 hours. At the same time, only three of them occur at night, and this is less than half. As mentioned above, there are quite a lot of legal acts that establish the amount of surcharges in other industries. Therefore, we will not list them all. Let's say that, for example, for workers employed in the production of newspapers in the printing industry, the surcharge is 50% of the hourly wage rate; textile industry workers - 75% of the hourly wage rate (Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 03/01/1982).

Night shifts organised. what should be remembered?

Help Medical contraindications are possible in relation to:

  1. women with children under three years of age;
  2. disabled people;
  3. employees with disabled children;
  4. employees caring for sick family members;
  5. single parents (guardians) raising children under five years of age.

The listed workers have the right to refuse to work at night. Moreover, the employer must inform them in writing of the right to refuse night work. Can a disabled person work at night? But the most common question is related to the possible night work of disabled people.


Here is a question from practice: Heads of organizations are often interested in whether they can accept a disabled person for shift work, in conditions where part of the shift falls at night.

Changeable night schedule and healthy sleep

At the conclusion of the employment contract, we wrote in it that the employee was hired specifically to work on the night shift. Accordingly, for this waiter, the duration of work on the night shift will not be reduced. The Labor Code does not say whether this unfinished hour on the night shift is subject to working off.
But for most organizations (industry, transport, communications, processing industries of the agro-industrial complex, etc.), back in 1987 it was provided that the total number of working days per year with a reduction in night work by one hour in a three-shift regime should not exceed the total number working days for one- and two-shift work (clause 10 of the above-mentioned Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of February 12, 1987).

Work at night

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  • Khachaturyan Yu.A. | lawyer, magazine expert

After reading this article, you will learn how to properly organize work on the night shift, who absolutely should not be involved in it, and who should be, but subject to a number of conditions. Several options are proposed to confirm the fact that certain categories of workers are familiarized with their right to refuse to work on the night shift. Talk about pay for night shift. An example of payroll calculation is given.
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  1. If it is in your power, try to plan your employment schedule in such a way ...
  • So that you do not have "one and a half" shifts when you work day, night and the next day. Only a day or 12 hours, and after that - rest. Otherwise, poor sleep due to work is simply guaranteed.
  • So that night shifts alternate with day shifts not randomly, but in the prescribed manner. For example, it is convenient to plan a shift night schedule in the “day after three” or “one night shift - rest - two day shift” modes.
  • To make the graph rotate "clockwise".
    Example: one day you work during the day, one in the evening, one at night.

According to it, each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by laws and other regulatory legal acts. The specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, the collective agreement, the labor contract. When deciding how much to set a surcharge, the following should be taken into account.


Info

Firstly, there is no single legal act that would establish the minimum amount of additional payments for night shift work. Therefore, we use the normative acts of the former USSR. There are quite a lot of them. And they set different amounts of surcharges depending on the industry in which the employee works.

Night shift work: how to survive. secrets of professionals and advice from doctors

So, the duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement (see examples 2 - 3). Example 2. According to Art. 92 of the Labor Code of the Russian Federation, the normal working hours are reduced by 4 hours a week or more for workers employed in work with harmful or dangerous working conditions. Imagine that we have hazardous production and the duration of the shift of each employee is 7 hours.
Accordingly, if we involve a "harmful", and so working less than expected, to work on the night shift, then for him the duration of this shift will not be reduced. Example 3. We were looking for a waiter to work in a nightclub.

How to work the night shift

Attention

If you've ever taken a long-haul flight, remember how it felt to be a few hours "before" or "after" your usual time. Approximately the same thing is experienced by an employee who has an uncomfortable schedule, with the only difference being that he does not “jump in time” occasionally, but several times a week. Daytime sleepiness, trouble falling asleep, low mood, a tendency to depression, digestive disorders - symptoms of circadian rhythm disturbances significantly impair quality of life.


Ideally, to improve sleep and maintain health, you should give up working at night. But if you can’t leave a shift night schedule, you can at least try to reduce its harmful effects. The following tips will help. Work with shift schedule.

Organization of night shift work and its payment

TC RF). In this regard, if an employee was hired specifically to work at night, it is necessary to enter a condition about this in the employment contract. Special conditions should be provided for in the section on wages. There you need to specify the amount of additional payment for work at night. Download completed sampleDownload to .doc Who can work at night? Certain categories of workers are not allowed to work at night. An absolute ban on night work has been established for:

  • pregnant employees;
  • underage workers.

They should not be involved in night work, even if they themselves do not mind it. The rest of the employees can be involved in night work, but for certain categories it is important that such work is not medically contraindicated for them.

How to organize the night shift

After the change

  1. On the way home, if it's sunny outside, put on dark glasses; darkness contributes to the production of the sleep hormone, and this is exactly what is needed at the time of preparation for rest.
  2. If it’s far from home, it’s better to get there by transport, otherwise, firstly, you will lose time that you could spend sleeping, and secondly, you will cheer up because of fast walking and may not want to sleep at home.
  3. If due to night work you have slept less than 5-6 hours in total per night, it is recommended to sleep after it. Wherein:
  • Do not fall asleep in transport on the way home; sleep after a night shift should not be interrupted, it is better to sleep once and for a long time than several times a little.
  • Provide yourself with full-fledged conditions for relaxation: good darkening of the bedroom, silence, sleep without outerwear and in your own bed.

A work shift that starts after 22:00 is called a night shift. Night staff appeared due to the peculiarities of the technologies of many industries: for example, steel shops cannot be stopped for a minute.

Labor code on night work

The legislator has formulated a list of categories that are allowed to work after 10 p.m., payment terms, and has defined the term "night work". The Labor Code states that the period of time from 22.00 to 6.00 is considered night time (part 1 of article 96 of the Labor Code of the Russian Federation).

Night mode affects biorhythms, endangers the normal functioning of body systems. Therefore, the law introduced restrictions on work other than daytime for certain categories. It is forbidden to work at night:

  • pregnant women;
  • under 18 years of age.

At the same time, the law provides for the possibility of involving persons who are legally allowed not to work to work on the night shift, but they have the right to accept the offer of the employer and give written consent, if health permits. It:

  • mothers with children under 3 years old;
  • raising children under 5 years old in an incomplete family with one parent, guardians;
  • disabled people and those with children with disabilities.

Workers in these categories have the right not to agree to work at night. The employer is obliged to familiarize employees with this item of the work schedule against signature once, if night work is permanent, arising from the needs of production technology. If night shifts are one-time, then each time such a need arises, the employee must confirm in writing the fact of familiarization with the right to refuse the night shift.

An employee can indicate his attitude to night work immediately when applying for a job, c. At the same time, he must specify the details medical document indicating that there are no contraindications for such work. The form of such a certificate is provided for by Order of the Ministry of Health and Social Development of the Russian Federation No. 441n of 05/02/12.

If a person applying for a job does not belong to any of the above categories, but has contraindications for working at night, which he does not notify the employer, he does not have the right to demand a certificate confirming the absence of contraindications. Except when the need to provide such information is established by law.

If the employer is aware of the contraindications for night work and is involved in it, the employer bears administrative responsibility.

With a shift schedule, it is forbidden to draw up a schedule according to which you need to work out two shifts at once. For example, having gone out at night, an employee cannot start work on the day after the end of the shift. The employer is obliged to communicate to the staff the schedule of exits at least a month in advance.

It is worth noting: it is necessary that the employee has the opportunity to change day and night shifts. This will improve the worker's ability to work and increase productivity in the workplace.

Night shift duration

Depends on the status of the worker and the type of activity and can be regular or reduced.

It is fixed by law (part 2 of article 96 of the Labor Code of the Russian Federation) that the duration of the night shift is less than the day shift by an hour. If the daily work shift lasts 8 hours and is given an hour of time for rest and lunch, at night the employee works 7 hours, also receiving an hour of rest for lunch. Thus, the harmful effect on the human body of a work and rest schedule unusual for its biorhythm is leveled.

At the same time, night time according to the Labor Code (part 3 of article 96) is established without reduction for the following categories:

Additionally

Part 2 of Article 96 of the Labor Code of the Russian Federation specifically notes that in the case when the duration of work at night has been reduced, then there is no need to subsequently work out the missing hours during the day. Accordingly, the weekly norm of the employee's working time is reduced.

  1. Already working on a shortened schedule (for example, mines, where each shift lasts 6 hours). For this category of workers, the employment contract reflects this fact and the impossibility of reducing the night period.
  2. Taken exclusively for night work. This condition is prescribed in the employment contract (Article 57 of the Labor Code of the Russian Federation).

The legislator does not mind if the size of the night shift is reduced for such categories of workers. The decision of the issue is in the competence of the head and can be approved by the local regulatory document.

With a six-day working week with one day off, the night shift lasts no more than 5 hours.

The working regime of artists (cinema, radio, TV, etc.) is regulated by local regulations.

Pay for night work

How night work is paid according to the Labor Code is regulated by article 154. According to the norm, for work at night, a benefit is assigned in the form of an additional payment in the amount not lower than that provided for by the Labor Code of the Russian Federation and other legislative acts containing labor law norms.

According to Decree of the Government of the Russian Federation No. 554 of July 22, 08, it must exceed the daily wage by at least 20% for each hour of work (salary calculated per hour of work).

That is, if the daily rate is 100 rubles per hour, then for an hour of night work you need to pay at least 120 rubles.

Note: employers have the right to assign payment based on the possibilities, but not lower than the bar established by the legislator.

The amount of payment for night hours is negotiated when hiring in an employment contract, some local document of the organization. The preferential nature of payment for night work applies both to those who are constantly involved in the night shift, and to those who perform work once, from time to time.

How is hourly wage determined?

In order to establish the amount of additional payment for night work hours under the Labor Code of the Russian Federation in 2020, you need to determine the amount of hourly pay. There are two ways to calculate it:

  1. When paid on a daily basis, its size is divided by the duration. For example. Daily rate - 800 rubles, day shift - 8 hours. Hourly rate - 100 rubles.
  2. When paid on a monthly salary, it is divided by the number of hours worked for a particular month.

In addition to the mandatory allowances established by the legislator, the employer may adopt local regulations providing for material or other remuneration of their employees for harmful conditions.

What categories of workers are legally established a different surcharge

For work at night, the surcharge is established by law and cannot be different (letter of Rostrud dated 10.28.09 No. 3201) for:

  • employees of paramilitary, fire and guard guards - 35% of the salary;
  • employees of the Federal Penitentiary Service - 35% of the salary;
  • medical workers -- 50% of the tariff rate (salary);
  • ambulance workers and emergency care- 100% hourly base rate (salary).

There are categories of workers to whom night bonuses are assigned by industry agreement. If and regulations establish night surcharges for this category, the employer is obliged to choose one of them that is more beneficial for the employee.

If work on the night fell on a holiday or weekend, while the schedule is not sliding, the employee is entitled to an additional payment on this basis as well. Find out more about wages on weekends and holidays according to the Labor Code.

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