Work overtime is rather strictly regulated by the Labor Code. In order to compensate employees for the inconvenience that they experience, the legislation provides for a whole system of surcharges. Consider how wages are paid at night, what features it has.
Who is not allowed to be involved in night work?
To begin with, it should be said that the period under consideration includes the period starting at 22.00 and ending at 6.00. And there are categories of people who are not allowed to such work:
- citizens who are not yet 18 years old;
- pregnant women.
These provisions are legislatively fixed in the Labor Code of the Russian Federation.
Moreover, there are even exceptions for minors. If these persons are members of creative groups (theater, cinematography, circus) and participate in recreational activities, then they are allowed to work in the evening. Of course, subject to labor protection standards. It is noteworthy that coaches and professional athletes also fulfill their duties when everyone else is resting, but they have no benefits.
And who is attracted only with his consent?
The Labor Code determines that individual workers may be involved in labor only with their consent to night work.
This list includes:
- women with children up to 3 years old;
- guardians of children under 5 years old;
- mothers (fathers) who do not have a spouse (s) and raise children under the age of 5 years;
- Workers with children with disabilities;
- persons with disabilities;
- Workers caring for sick relatives or family members.
But this is not all - in order to engage in activity, the written consent of such an employee is required. Moreover, he has the right to refuse to participate in the labor process at night, and this will not be followed by any punishment.
Copayment principles
Remuneration at night is necessarily higher than when working in standard conditions. Moreover, the size of surcharges should be determined by the following documents: a collective agreement, an industry normative act, a separate protocol adopted taking into account the position of the trade union or an employment contract. It is better, of course, if such records are contained in all such documents.
At the same time, no matter what tariffs are used in the usual mode, an extra charge for night work , at least in the minimum amount, will be made. The state guarantees this right to every citizen. You must pay at least 20% of the salary or hourly rate. It is impossible to fall below this bar, this is strictly monitored by the labor inspectorate.
However, in some sectors quite high rates are already set. For example, in housing and communal services and automobile enterprises, on the basis of separate industry-specific tariff agreements, wages are paid at night with a 40% surcharge to the tariff rate. Ordinary health workers have 50%, while ambulances generally 100%. In addition, the state has insured workers in the sense that if different documents establish surcharges that differ from each other, the most favorable option is applied.
How was it before?
Nevertheless, for all the seemingly significant size of these additives, compared with surcharges practiced in the Soviet era, all this does not make a very good impression. Judge for yourself: in the clothing and footwear industries, an additional 50% of the tariff rate was paid , and in the baking and textile industries, all 75%.
It is noteworthy that night shifts (even they are ordered at the enterprise and are not something extraordinary) also fall into this category. Overtime pay is one thing; night time pay is another. They can complement each other in case of unforeseen circumstances, but they are never excluded.