Terms and conditions Working conditions and payment rules at night

Night work is regulated by Art. 96 Labor Code of the Russian Federation.

The provisions of this article do not apply to employees of the enterprise who work on reduced working hours, as well as to those who were specially hired to work at night.

Typically, the specifics of night work are regulated by individual internal acts of the enterprise or general agreements with the team of employees, but not a single local document should contradict the law.

The legislation establishes the following restrictions and features of work at night:

• working hours at night are reduced by one hour for almost all employees without any additional sanctions from the employer;
• a night shift can be equal in duration to a day shift if the performance of labor duties at night in full is necessary for the functioning of the enterprise, as well as when performing duties on shifts if the duration of work is 6 days a week;
• there is a special list of workers who cannot be assigned to night work within the framework of current legislation, for example, pregnant women or minors;
• some of the organization’s employees can be involved in work at night only with written consent, with their mandatory familiarization with the possibility of refusing to perform duties at a given time of day;
• regulation of the activities of workers in creative professions and media employees at night occurs through the conclusion of a collective labor agreement, as well as with the involvement of a tripartite commission to determine the need for work at night.

Regulation of labor relations when establishing night working hours can occur in accordance with the current provisions of labor legislation and federal regulations that directly or indirectly reflect the specifics of establishing such a schedule, as well as by issuing regulations of a municipality or enterprise.

Who is not allowed to work at night?

Many managers strive to organize continuous work activity at the enterprise, since a lot can depend on this not only for the organization itself, but also for the users of their products or services.

When an organization immediately switches to a 24-hour work schedule, the employer, together with the trade union, develops a work schedule, which should take into account not only work efficiency, but also take into account the infliction of any moral and physical harm to employees. This is expressed in establishing the maximum duration of night shifts in a row, the total time of their duration, as well as the necessary breaks in work.

Employees of the organization must have the opportunity to carry out work not only at night, but also during the day, with the exception of cases of hiring an employee at night.

The employer is obliged to warn the team of employees about changes in the procedure for carrying out work one calendar month before the actual changes, otherwise such behavior will be considered a violation of current labor legislation while respecting the rights of the employee.

The following persons cannot be admitted to the labor process at night:

1. Pregnant women who have confirmed their condition with a medical certificate.
2. For minors, an exceptional case is work for the development of cinematography, theatrical skills and any other creative professions.
3. Employees of the enterprise who, due to health reasons, are unable to perform their duties at such times.

The legislation establishes certain categories of the working population who can carry out activities at their own request and with the provision of a document confirming it - an application.

These categories of employees include the following persons:

• women who have a dependent child aged zero to three years;
• disabled people for whom working at a given time of day will not cause harm to their health;
• employees of the organization who support disabled children;
• workers who, in addition to their work duties, care for sick family members;
• parents and guardians of children under five years of age, if they carry out educational functions alone without a second spouse or guardian.

At the same time, it is established that the application for consent to work must be accompanied by a medical certificate confirming the state of health and the absence of contraindications for night work. The employer is obliged to notify these employees that they have the opportunity to refuse to perform work without any sanctions from management.

A disabled employee who wishes to work under such conditions must provide an extract or opinion from the attending physician or medical commission on the possibility of working at a given time of day and the absence of contraindications for such work.

How to attract an employee

The management of an enterprise that has a work schedule with night shifts must necessarily adhere to labor legislation in this matter and in organizing shift work.

When an employee does not fall into categories that provide for a complete ban on night work, he can work a night shift only with his consent:

• Consent is made in writing. It indicates the possibility of refusing to go on the night shift.
• It is not required for workers in creative professions.
• Consent can be obtained when hiring a new employee if the company constantly works night shifts.
• When a new employee is only interested in night shifts, this is indicated in the employment contract.
• According to the new standards, employers must require medical certificates from new employees confirming the presence or absence of contraindications for working the night shift.

Duration and number of night shifts

Art. 96 of the Labor Code of the Russian Federation establishes that the duration of night work is from 7 to 8 hours of working time. Hours are assigned to employees based on their normal working conditions and the availability of fringe benefits.

As a general rule, the night shift is work performed from ten o'clock in the evening to six in the morning the next day. An employee of an organization may be assigned a partially night working day, for example, when setting a schedule from 5 pm to 1 am.

Despite the possibility of reducing the period of night work, some categories of employees are not entitled to it.

Such workers include:

• employees who, due to other circumstances, are entitled to a reduction in long working hours during the day;
• employees specifically hired to work at night - night guards or watchmen, for example.

Art. 103 of the Labor Code of the Russian Federation establishes the maximum possible assignment of night work in a row. According to the rules of the Labor Code of the Russian Federation, an employer does not have the right to oblige an employee of an organization to go out at night more than twice in a row.

Night working hours: TK

According to the Russian set of labor laws, working hours lasting from ten in the evening to six in the morning are considered night, or if more than half of the working hours occur during this time period. If a person works in shifts, then when going out at night his schedule is reduced by an hour. A person should not work out these shortened sixty minutes later. The shift will not be shortened in the following cases:

1. The employee is hired to perform night duties only (does not have day shifts).
2. The employee already has a reduced schedule.
3. Works a six-day shift week with days off.
4. If reduction is impossible due to the nature of the labor process (for example, production).

Important point! The maximum number of hours worked at night cannot exceed forty per week. This is the norm established by law.

It is logical that an employee’s shift does not always fall strictly during hours considered night hours. How then can working hours be reduced? It is legally established that night work is considered to be work that occurs half or more between 22:00 and 06:00. It turns out that a person who works from midnight to eight in the morning works on the night shift, since 80% of the work time occurs at night.

Article 103. Shift work of the Labor Code of the Russian Federation

The employer should also adhere to the provisions of Article 103 of the Labor Code of the Russian Federation. It contains information that when drawing up a night work schedule, the boss must remember: night work can negatively affect a person’s personal, family and social life. The problem lies in the difficulties in coordinating with the schedule of the rest of the household and the inability to build full-fledged social contacts, because at night a person is at work and, accordingly, sleeps during the day. It is logical that an employee who works exclusively at night may experience significant discomfort. There are also people for whom night work is completely prohibited.

What hours are considered night hours?

In accordance with Art. 96 of the Labor Code of the Russian Federation, night shifts include working hours from 10 pm to 6 am. There are some exceptions to this rule, in particular, if more than half of the working time is at night, then the shift is considered a night shift.

If work is carried out, for example, from 20 pm to 4 am, the employer assigns the employee a night shift, but a shift worker who starts at 4 am will not be assigned such a shift.

As a general rule, the total duration of night shifts is regulated by the following acts, but their provisions should not contradict the law:

• local regulations of the enterprise, which establish not only the duration of the night, but also the specifics of payment for night hours;
• a collective agreement, if ever concluded;
• an individual employment contract, which specifies the employee’s duties, the time and duration of his working day or night, as well as payment terms.

Regulations under the Labor Code of the Russian Federation

Article 96 of the Labor Code states: labor activity from 22:00 to 6:00 is night work. A person, registering for an activity that involves night shifts, signs his consent to go out during this period. The Labor Code explains the duration of such work: the length of the night shift is one hour less than at other times of the day.
However, in some cases there is no reduction in the duration of the shift.

Here's what the code explains: the duration of work at night is equal to its duration during the day on a shift schedule of a six-day week with one day off. The Labor Code does not name a list of such work, explaining that this may be stipulated by the collective agreement of the enterprise and regulatory documents of local importance.

It is also clarified that the period of work at night is not reduced for those workers whose shift length has already been reduced, and for persons hired to work at night.

You can learn some of the nuances of such activities and recording working hours from the following video:

Payment for night hours

Night shifts are paid at increased rates; the size of the increasing coefficient must be established by the Government of the Russian Federation, taking into account the decisions of the tripartite Russian commission for the regulation of social and labor relations. In accordance with Art. 154 of the Labor Code of the Russian Federation, the employer is obliged to increase pay for night time, but the provisions of this article do not establish the exact increase. The provisions of the USSR, which are not repealed by regulations of the Russian Federation, are often applied, within the framework of the grounds established by Art. 423 Labor Code of the Russian Federation.

Allowances for night work are established in the following amounts and are regulated by these provisions and norms:

According to general statistics, employers apply a premium of 20% to 40% for night shifts for each hour of work.

Extra pay for night shifts

In accordance with Art. 154 of the Labor Code of the Russian Federation, an employee who works at an enterprise at night is entitled to an additional payment.

Additional payment is carried out in accordance with the provisions:

• a collective labor agreement, if it is concluded at a specific enterprise and does not contradict current legislation;
• an individual employment contract with a specific employee;
• local regulations of the enterprise where such activities are carried out;
• regulations on payment for night shifts of the USSR, which are in force today;
• Decree of the Government of the Russian Federation of July 22, 2008 No. 554.

Government Decree No. 554 establishes a mandatory minimum premium for night work. In accordance with the provisions of this act, an employee who works at an enterprise at night is entitled to a bonus of no less than 20% of the total daily tariff rate for each shift.

I. Regulatory regulation

In the operating time area: