Labor law is a very relevant industry in the legal system, 90% of people face it. Knowing all the nuances and features is very difficult, and keeping them in your head is even harder. Questions about paying extra hours of work or those relating to the night time period have always been of interest to many workers. After reading the provisions of the law, some questions remain open, because an article of the Code cannot cover all situations and details. Let's see how the night hours are paid, what are the minimum sizes, who sets their boundaries and what it really is.
What is a night watch?
In order to answer this question, you need to turn to article 96 of the Labor Code, which refers to night work. Part one talks about the hour at which night time begins and when it ends. Time frames are formed from 22 hours to 6 hours in the morning. At the same time, the duration of the shift should be reduced by 1 hour. Mining and arrears to the employer are excluded. The duration of the shift should not be reduced if it is established by the contract, if the shift is already reduced, or if the employee is accepted for night work, that is, he has all the shifts during the night without going to work during the day.
Positive and negative sides for the employee
Such a phenomenon as night work has its drawbacks and advantages in comparison with the general order. The pluses, undoubtedly, include the increased rate and increase in the size of the salary, a free day during which you can devote yourself to children, family, other affairs, there is an opportunity to combine with other work. At night, contact with management is minimized, it is unlikely that the boss will go at night to check the quality of the work performed.
However, there are significant disadvantages that the employee must also take into account. Firstly, this is a violation of the sleep schedule, which means problems with health and condition. Different working hours for members of the same family cause problems in communication, communication and joint management. And of course, unproductive after a night shift during the day. Especially this provision applies to situations when an employee performs heavy physical labor. The forces of the body will dry up, the mood deteriorates, and productivity during the day is reduced to zero.
Who can not be involved in night work?
To answer the question of how night hours are paid, you need to understand in detail what it is and what are the exceptions. If we decided on a concept, then we did not mention exceptions before. There are categories of people who under no circumstances can be brought to work at night:
- Women who are expecting a baby - pregnant women are strictly forbidden to work at night, regardless of how long they are.
- Minor workers - children need a full and healthy sleep for normal development, which is why they are also prohibited from working at night at the legislative level.
These categories can be involved in night working hours only if they are involved in the development or production of works of art. In this case, the consent of the employee is considered a prerequisite.
Night work with consent
In addition to these categories of workers, there are those that can be brought to work only with consent. It must be recorded in writing, this is a requirement of the law, the violation of which is unacceptable. These categories include the following groups of people:
- Women in whose care there are children under the age of 3 years.
- People with disabilities are disabled.
- Workers who have children with disabilities. This is not only about women, but also about men.
- Workers who have certain family obligations are caring for sick or infirm relatives.
- Workers who raise children up to 5 years old on their own, that is, there is no spouse. here again, we are talking about men and women.
- People who have children under the age of 5 under guardianship. The emphasis is on guardianship, that is, individuals should be guardians.
When employing representatives of such categories of the population, the employer must take into account the health and capabilities of people. If there are contraindications or restrictions on work, it is not advisable to attract such people.
Right to refuse
An important nuance is the right of the employee to refuse to perform this type of work. The employer must explain to the ward why he can refuse to go to work from 22 to 6 hours. As a result, the employee makes a conclusion and makes a decision. In writing, he must confirm that he agrees to work and does not use the right of refusal.
The Supreme Court in its decisions more than once stated that refusal to work at night is not an offense, it is a legitimate choice of a person. That is why the employer is not entitled to bring to disciplinary action, impose a fine, deprive of a bonus, reprimand or something else.
General rule of additional payment
How are night hours paid? Due to the fact that night work is more difficult than day work, as well as the fact that it affects the health of citizens, the legislator has established surcharges for those who go to work at night. In general, surcharges for night time are governed by a collective agreement, a local act that operates in a specific area, or taking into account the opinion of the employee. Section 154 merely indicates the minimum surcharge threshold, showing that the employer cannot set benefits below this threshold. The minimum wage increase is 20% of the hourly wage for each hour. That is, the amount of wages in the daytime per hour is taken, 20% is calculated and added to the original wage amount.
Increasing Surcharges
We have established how the night hours are paid according to the general rule, but does it work in the territory of the Russian Federation or are the norms still higher? Conducting an analysis of modern statements, we can say that there is a practice of increasing the threshold for surcharges from 20 to 40%. Most employers pay extra for night shifts at this rate, but recall that this is not established by the Labor Code. Specialists and scientists emphasize that the payment of night hours by shopping mall is minimal, while the maximum sizes are not set. That is, the legislator gives this right to local, local levels. Often this issue is discussed at the conclusion of an employment contract, collective agreement.
On the territory of the USSR, a decree was in force that established, on the contrary, the maximum amount of surcharge for night shifts. In the modern world, the legislator has taken a different path and sets only the minimum size, while the maximum can reach 100%, it all depends on the agreement between the employer and the employee or on a local act.
The practice of national football associations, subsidiaries of FIFA, the federal football union is interesting. All the labor activity of these enterprises was concentrated on holding the Confederations Cup, which was in 2017, and the World Cup in 2018. In this area, the specific wage for night shifts was established by a collective agreement. This is primarily due to the fact that in this field of activity there are details and nuances that simply cannot be reflected in the Code or other law. To this end, in many areas and areas of work, their local acts are actively operating.
Shift work
In practice, such working conditions as a shift schedule with night hours are often found. How to calculate the amount of payment in this case? As we noted earlier, surcharges are calculated separately for each hour, and then added up. This system is not so convenient when it comes to such professions in which the employee regularly or constantly works at night. For example, night watch is paid to the caretakers using the tariff rate for a shift, which already takes into account night work, and also fixes the amount of payment.
What is a time sheet?
In planning the duration and remuneration of the employee, the employer must keep special records. The law imposes this obligation on him in article 91. There are several forms of time sheets, the most common of which are those that record the length of the working day and the amount of wages. Such time sheets must be kept with individual entrepreneurs, government organizations or any other enterprises. The report card is separately marked every day when the worker worked, and at the end of the month everything is summed up and wages are paid.
Data entry
Night hours in a report card differ in their features. The duration of work in a given period of time is indicated in the timesheet by the code "H", otherwise it can be indicated by the numbers "02". The line is marked with these pointers, and below is the number of hours that an employee works on a certain day. In this case, not only hours, but also minutes are indicated. There are cases when a person has reworked the daily norm and “enters” the night norm for 1.5 hours, then they should be noted on the report card. At the end of the month, a calculation is made and the size of the surcharge is calculated.
Night shifts and holidays, weekends
The amounts of payment for night working hours and weekends, holidays have some difference, so let's figure out what to do if these categories coincide. The key word in the holidays and weekends is the day, that is, at this rate, daytime is paid from 6 am to 00 hours. The time from 00 to 6 am is charged at the night rate. These calculations are very important, because for going to work on a weekend, the rate from 20% rises to 100% plus the original cost.
Night hours in round-the-clock enterprises
In the modern world, round-the-clock stores are opening more and more often, which operate 24 hours a day, 7 days a week. At the same time, the employer who arranges for an employee to work in such a store should know how the night hours are paid. In this case, it is advisable to apply the tariff rule, that is, pre-set a separate fee for the night shift. This is convenient primarily because the duration of the shifts is always fixed, you will not need to constantly calculate the number of hours and the rate. It is necessary to set the tariff in advance and include all the data in the time sheet, which we mentioned earlier. This is the peculiarity of remuneration in a convenience store. This applies not only to the latter, but also to any enterprise that operates both at night and in the daytime.
It is necessary to distinguish between multi-shift and non-shift modes. The latter include situations where the employee has a divided day into evening and afternoon, daily shifts on a one-time basis, occasional visits to work, regardless of the time of day. The first type includes constant night shift work.
Calculation Examples
In order to understand in practice how the payment of night shifts takes place according to the Labor Code, we give one example.
The salary of an employee for a month of work is exactly 75,000 rubles. Moreover, he works 5 days a week, every day at work he spends no more than 8 hours. First of all, we calculate how many hours a week a worker works. Multiply 8 and 5, we get 40 hours a week.
The following situation occurs. In September, the employee began to work at night at the request of the head. He worked up to 00 hours once a month. According to the production calendar, the normal duration of work per month is 176 hours. Divide the salary by the number of hours and get the amount of payment per hour - 426.14 rubles. We calculate the premium in the amount of 20% and we get 85.22 rubles. Summarize - it comes out 511.4 rubles. We multiply by 2 and we get the size of the premium to the monthly salary - 1,022.73 rubles.