Night hours on weekends. How do you get paid for working at night?

In order to ensure the safety, health and well-being of citizens, the police, security guards, doctors, and representatives of public utilities are working at night. Taxi drivers, hotline operators, service workers perform their work at night. Drivers drive trains, bakers bake bread at bakeries... It is not easy to work at night, so the regulation of such activities has its own specifics.

night work

Working at night in our country is allowed at the legislative level. Article 96 of the Labor Code of the Russian Federation defines the period from 22:00 to 06:00 as night time. Work during this period is considered employment in conditions that differ from normal, therefore, the payment of night hours according to the Labor Code of the Russian Federation to persons who fulfill their official duties during the specified period, guaranteed in an increased amount.

The specific amount of payment can be determined in the contract with each employee, collective agreement or other regulatory act of the organization. However, in any case, payment for night hours cannot be lower than the minimum established Russian legislation about labor.

The amount of payment to an employee for a similar type of employment at the end of the month depends on the mode in which he went to work shifts, as well as on what were the reasons for his involvement in execution professional duties at night time.

Working mode

The mode in which the employee will work is determined by an agreement with the employer. And this is an important condition of the employment contract, which must be agreed and prescribed in advance. It is especially important to fix the mode of labor shifts for those persons whose schedule differs from the general one established for the rest of the team members of this organization or enterprise, according to the time of work. What is the procedure for paying for night hours? It is also determined in the employment contract with the employer.

When by shift work usually some of it (or all of it) falls between 22 pm and 6 am. Night shifts are always paid at a higher rate than that established for daytime employment.

When concluding an employment contract, pay attention to important point. The document must indicate which hours of work are considered night. Also, the schedule and alternation of shifts are negotiated with the employer. According to the Labor Code of the Russian Federation, the duration of work at night should be shortened by one hour (without working off in the future).

When work occurs without shift reduction

In some cases, the duration of the shift is not reduced, even if part of it or all of it falls at night. This is allowed when working on a six-day week with one day off per week. With this mode, the duration of the night shift is equal in time to the day shift.

There is no reduction in the event that a person was specially hired for night work. This possibility is provided for in the Labor Code. Of course, the condition of permanent employment at night is fixed in the employee's contract.

Representatives of such professions as watchmen, dispatchers, operators and a number of others work out full time, without reducing its duration, but they are paid for night shifts according to the Labor Code of the Russian Federation.

Who can't work at night

According to the norms of labor legislation, not all people are allowed to work from 22 to 6 hours.

Can't work at night

• pregnant women;
• employees under the age of 18 (excluding representatives creative professions in some cases);
• women with children under the age of three;
• single parents with children under the age of five (both mothers and fathers);
• disabled people.

The last three categories of persons can be attracted to the relevant employment only with their written consent. At the same time, the employer must fulfill an important duty: to familiarize these employees with their right to refuse (in writing). And, of course, payment for night hours is made according to the Labor Code of the Russian Federation in case of consent. There is no legislatively developed form of familiarizing the employee with his rights and giving consent to work, therefore it is considered quite acceptable to simply write “agree / disagree” on the order.

When night shifts should be reduced

In general, according to the provisions of labor law, the duration of night work is reduced by 1 hour. For example, if the shift is 8 hours, its duration is reduced to 7.

Time is not reduced for the following employees:

• taken to perform professional duties only at night;
• persons who have an abbreviated work time(for example, in industries with harmful and dangerous conditions);
• employees working on a reduced day (upon their application or agreement with the employer).

The employer may exercise the right not to reduce the duration of the shift for a certain list of jobs in cases related to working conditions. At the same time, he must agree on the specified list with the staff of the organization. The list of places where working hours are not reduced is included in the collective agreement or other administrative act of the company, order, regulation, etc.).

Legislative regulation of night work

Night shifts are labor law to work in special working conditions. Unlike daytime, nighttime employment does not allow the body to rest naturally, overloads its nervous and endocrine systems, and affects the functioning of the heart. That is why the payment for night time is made in the amount increased, in comparison with the legislation stipulated for traditional hours.

Article 149 of the Labor Code of the Russian Federation indicates that an employee in conditions that are not recognized as normal (including at night) should receive additional payments provided for by both the legislation itself and internal normative documents (collective agreement, agreements). At the same time, payments for local regulations cannot be reduced in comparison with the federal legal documents.

Payment for night hours under the Labor Code of the Russian Federation is regulated by Article 154, which also establishes that the minimum threshold for the amount of payments for the relevant work cannot be less than that established taking into account state guarantees.

What determines the amount of surcharges for night work

The minimum amount of increased payment for night time is determined by Decree of the Government of the Russian Federation of July 22, 2008 No. 554 and amounts to 20 percent of the additional payment to the hourly tariff rate (salary).

In each specific case, the amount of such remuneration for night work can be found from the provisions of the internal payment document adopted by the organization, taking into account the opinion of the team, or from the employee's employment contract itself.

The legislation guarantees that, when going to night shifts, a person will receive a salary increased by 20% compared to the usual one.

night work pay

Each organization, based on its capabilities and interests, has the right to establish how to pay for night hours if the surcharge exceeds the 20% minimum guaranteed by labor legislation. The basis for this can be an internal document of the enterprise (regulation, collective agreement, employment contracts workers). Payment for night hours according to the Labor Code of the Russian Federation is calculated taking into account the cost of an hour of work of an employee (tariff, salary) without taking into account other allowances and additional payments. The tenant, however, is not tied to such a calculation procedure and can establish it in a different form and size, but only if it exceeds the legally established level.

So, for employees of medical institutions, such an additional payment is 50% of the hourly salary. And the workers of the paramilitary, fire brigade and the penitentiary system are entitled to 35% of the specified salary.

Rules for calculating the increased payment

The procedure for how night hours of work are paid is prescribed in Decree No. 554. Also, at present, the Russian Federation has the Explanation of the USSR State Committee for Labor dated 1972 No. 12/13, which establishes the rules for calculating the hourly rate for determining extra pay for work at night. According to this document, payment for night time (per 1 hour) is determined as follows:

• for employees on the tariff system, the daily rate is divided by the number of hours worked per day;
• salaried employees - by dividing the salary by the norm of hours in each particular month.

Calculation example

Consider how night shifts are paid according to the Labor Code, using the example of an organization that has a legally fixed amount of additional payment - 20% of the hourly rate (salary).

1. The watchman in the Romashka organization worked 8 daily shifts (192 hours) in a month. The tariff rate for him is set at 45 rubles per hour. Of the 192 hours worked by the watchman, 64 are on night shifts.

The calculation of the surcharge in this case will look like this: 45x0.2x64 \u003d 576 rubles.

The resulting figure is added to other types of accruals due to the watchman for the worked period.

2. A process engineer of the same organization is paid 8,000 rubles per month.

The monthly norm of hours was 176. By order of the management, he was involved in work from 24 hours to 8 in the morning. Of this time, the night period accounts for 6 hours.

The calculation will be like this:

8000/176=45.45 rub. - hourly salary of a process engineer in a given month.

45.45x0.2x6 \u003d 54.54 rubles. - surcharge received.

When calculating wages this amount is also added to all types of accruals due to the employee for the month.

Overtime work at night

Due to production needs, almost any employee can be involved in overtime work, for example, to replace a shift that has not left. How are night hours paid in this case?

Labor outside the normal amount of time is estimated, according to the Labor Code of the Russian Federation, in an increased amount. During the first two hours, the payment is increased by an amount not less than one and a half times the rate, in the next - not less than two times. The specific amounts of payment for overtime work, as well as for night hours, are established by the internal regulatory documents of the organization, the employment contract.

If overtime work fell on the time from 22:00 to 06:00, then the employee's salary should be increased immediately for two reasons (night and overtime pay).

As you can see, the regulation of night work has its own characteristics, aimed at compensating a person for the conditions when the schedule of his work and rest differs from the usual. The law establishes a minimum by which wages for night work must be increased. Also, the employer can increase, at his discretion, this minimum size within your organization.

06/28/2018 The Constitutional Court issued Resolution No. 26-P, in which it clarified the procedure for remuneration on weekends and holidays civilian personnel military units and organizations of the Armed Forces of the Russian Federation. On the basis of this decision, Rostrud employees presented new clarifications on payment for work on weekends and holidays, as well as overtime work and work at night. During the consultation, we will acquaint you with the recommendations of officials, which are given on the website https://onlineinspektsiya.rf.

Payment for work on weekends and non-working holidays

According to Art. 153 of the Labor Code of the Russian Federation, work on a weekend or a non-working holiday is paid at least twice:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly rate working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

At the same time, specific amounts of payment for work on a weekend or non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, and an employment contract.

Note: all employees are paid at an increased rate for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or holiday, the hours actually worked on that day (from 0 to 24 hours) are paid at an increased rate.

Recall that according to part 1 of Art. 129 of the Labor Code of the Russian Federation (remuneration of an employee) consists of:

from remuneration for work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed by him;

from compensation payments (surcharges and allowances of a compensatory nature, including for work in conditions deviating from normal, special climatic conditions and in territories subjected to radioactive contamination, and other compensation payments);

from incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).

Employees of Rostrud base their new clarifications on payment for work on a weekend or non-working holiday on Resolution of the Constitutional Court of the Russian Federation No. 26-P.

In paragraph 3.5 of the said decision, it is noted: Art. 153 of the Labor Code of the Russian Federation, considered in the system of the current legal regulation, does not in itself imply that work on a weekend or non-working holiday performed by employees whose remuneration system, along with the tariff part, includes compensation and incentive payments, will be paid on the basis of only one component of wages - salary (official salary), and these workers, when calculating the amount of payment for work performed by them on a weekend or holiday, may be arbitrarily deprived of the right to receive appropriate additional payments which leads to an unacceptable reduction in their remuneration for work compared with payment for similar work performed on a normal working day.

Thus, when paying for work on a day off, the employer must take into account not only the tariff part of the salary, regional coefficients and percentage allowances, but also compensatory and incentive payments, as well as bonuses. This interpretation of Art. 153 of the Labor Code of the Russian Federation is given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P.

In addition, Rostrud noted: despite the fact that the court decision refers to civilian personnel of military units, it is indicated that the interpretation of Art. 153 of the Labor Code of the Russian Federation is mandatory, this conclusion of the Constitutional Court of the Russian Federation applies to all employers without exception.

Overtime and night work pay

Article 152 of the Labor Code of the Russian Federation regulates wages for overtime work. It states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least double the amount. The specific amount of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract.

Note: at the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

With regard to the payment of night hours of work, according to 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 amounts established by labor legislation and other regulatory legal acts containing labor law.

Note: currently in force is Decree of the Government of the Russian Federation dated July 22, 2008 No. 554, which establishes that the minimum wage increase at night (from 22 to 6 hours) is 20% of the hourly tariff rate (salary (official salary) calculated per hour hours of work) for each hour of night work.

Rostrud indicated that the approach in terms of remuneration, presented in Resolution of the Constitutional Court of the Russian Federation No. 26-P, is the same for all employees and employers and applies not only to double pay for work on weekends and holidays, but also to increased pay for overtime work and work at night , because otherwise it leads to an unacceptable reduction in the remuneration due to employees in comparison with payment for similar work performed on a normal working day.

How are bonuses calculated for work on weekends and holidays?

Article 135 of the Labor Code of the Russian Federation stipulates that the salary for an employee is established by an employment contract in accordance with the employer's remuneration systems. At the same time, remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are established by collective agreements, agreements , local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.

Employees of Rostrud explained that when paying for work on a day off, the employer must take into account all bonuses. Thus, if monthly bonuses are established by the wage system and the employment contract, the amounts of which are predetermined, they are components of the employee's salary.

Note: does not meet these criteria, it is not possible to take it into account when calculating wages on a day off.

Thus, if the amount of the monthly bonus is known in advance, it is taken into account when paying for work on a day off. It does not matter how long the premium is paid. It must be doubled.

In its clarifications, Rostrud noted that the employer may provide for other compensation payments such as food and travel expenses, gas and car wash allowances, material aid to vacation. As already mentioned, when paying for work on a day off, the employer must take into account not only the tariff part of the salary, regional coefficients and percentage allowances, but also compensatory and incentive payments, including bonuses. However, compensation for the cost of food and travel, including the cost of gasoline and car washing, material assistance for vacation are not components of wages, do not apply to compensation and incentive payments, therefore, when calculating wages on a day off, as well as average earnings during a business trip, do not are taken into account.

Is the additional payment for work in conditions of an irregular working day taken into account when calculating wages on a weekend or holiday?

According to Art. 101 of the Labor Code of the Russian Federation - a special mode of operation, in accordance with which individual workers may, by order of the employer, if necessary, occasionally be involved in the performance of their labor functions outside the established working hours for them. The list of positions of employees with irregular working hours is provided for by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

It should be noted that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations. However, it cannot be less than three calendar days(Article 119 of the Labor Code of the Russian Federation).

At the same time, the introduction of an irregular working day for employees does not mean that they are not subject to the rules that determine the start and end time of work, the procedure for recording working time, etc. These workers common grounds are released from work on weekly rest days and holidays.

Thus, the involvement of employees who have an irregular working day to work on weekends and non-working holidays should be carried out using the provisions of Art. 113 and 153 of the Labor Code of the Russian Federation. Such clarifications are presented in the Letter of Rostrud dated 06/07/2008 No. 1316-6-1.

labor law financial compensation(Supplementary payment) for work in irregular working hours is not provided. However, the employer may establish such an additional payment in a collective agreement or local regulation.

So, if an organization has established an additional payment for working in irregular working hours, when paying for work on a weekend or non-working holiday, the employer must take into account not only the tariff part of the salary, but also all compensation and incentive payments, including this additional payment. This interpretation of Art. 153 of the Labor Code of the Russian Federation, given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P, applies to all employers and employees without exception.

In conclusion, we repeat that with increased wages on weekends, holidays, overtime and night work, it is necessary to take into account not only the tariff part of the salary, but also compensation and incentive payments that are included in the wage system. This procedure for calculating weekend work had to be applied from June 30, since the decisions of the Constitutional Court are final, not subject to appeal and come into force from the day of official publication (Part 1, Article 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ , paragraph 4 of Resolution of the Constitutional Court of the Russian Federation No. 26-P), and the resolution in question was published on 06/29/2018.

The human body is designed in such a way that the moments of greatest efficiency are achieved in the daytime. The night is meant primarily for rest and sleep.

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Most employees work in organizations during the daytime, but there are firms in which the specifics of the activity provide for the presence labor activity at night time.

Consider the main nuances and features of the payment of such labor.

What does the law say?

The order of work at night is regulated by some articles of the Labor Code. Let's take a closer look at what the law says about this.

Normative base

All features, working conditions and payment for night hours are regulated by articles 96 and 154 of the Labor Code of the Russian Federation.

What hours are considered night time?

Article 96 of the Labor Code of the Russian Federation 2019 states that night hours are from 22 pm to 6 am.

Who should not be involved in this work?

You can't force it to work at night:

• pregnant women;
• persons under the age of majority (with the exception of those working on the creation or performance of works of art).

The following categories of employees may be involved, but only with their consent:

• disabled people;
• employees who have children with disabilities;
• workers who care for the sick;
• a parent or guardian who is raising a child or children under the age of 5.

Permissible duration of shifts

The working shift at night should be shorter than that in the daytime by one hour.

This provision is regulated by Article 96 of the Labor Code of the Russian Federation.

When can the time be reduced?

You can reduce the time of the night shift by one hour in all cases, except for the following:

• the employee works on a reduced schedule;
• the employee was purposefully hired to work at night;
• if it is impossible to reduce the shift due to working conditions or production;
• when working in shifts on a 6 to 1 schedule.

Pros and cons for the employee

Night work has both its pros and cons:

This is not an exhaustive list of the pros and cons of working at night. In specific situations and under certain circumstances, this list may be supplemented.

Pay for night work at the enterprise

Article 154 of the Labor Code of the Russian Federation regulates that for each hour of the night shift you need to pay an increased amount.

The size of the surcharge can be set by the heads of the enterprise at their own discretion. However, the increased payment for night shifts should not be less than the level established by the current labor legislation - 20%.

Let us consider in more detail in which documents it is necessary to fix the main provisions on wages at night, and also give some practical examples.

What documents are attached?

The organization has the right to fix the basic provisions on wages at night in some local acts. Let's take a look at which ones.

Position

The heads of an organization or enterprise can establish the payment procedure and working conditions at night in one of the following documents:

• in the regulation on wages;
• in the Regulations on wages at night.

Order

An order to work at night is issued only if the employee needs to be involved once.

In other cases, the issuance of an order is not required, and the relevant clauses are fixed in the Regulations.

The order is also drawn up if a person included in a special list is involved in night work.

For an employee to work in night shift must obtain his written consent.

Already on the basis of this document, the head issues an order in free form.

Order example:

Labor contract

The order and working conditions at night can be fixed with a particular employee.

An example of such a document is shown below:

What determines the amount of payment for night hours?

Payment at night depends on:

• determined on state level the minimum wage for night work;
• from the amount of increase established by the local act;
• from the number of hours worked for the period from 22 pm to 6 am.

Features and calculation examples

Under certain working conditions, pay at night will be calculated differently.

Let's consider the most common cases.

With shift work schedule

Let's take an example of how night hours are paid to an employee with a shift work schedule.

Example #1:

Baranov A.E. works in the organization on a shift schedule. The evening shift is from 5:00 pm to 1:00 am. According to the schedule, Baranov works five days a week - from Monday to Friday. The monthly salary is 15,000 rubles. The number of shifts in April is 12. In April, Baranov worked out the norm, which is equal to 172 hours. The company has set a surcharge for night hours in the amount of 20% of the regular rate. You need to calculate the surcharge for the night schedule.

Decision:

According to the current labor legislation, night time is the period from 22 to 6 hours. At night, three hours fall out of the evening shift (from 22 pm to 1 am).

Multiply the number of shifts by the number of night hours: 12 * 3 = 36 night hours in April.

Let's calculate the rate for an hour of normal work: 15,000 / 172 = 87.2 rubles per hour.

Let's calculate the surcharge for night hours: 87.2 * 36 * 0.2 = 627.9 rubles.

With a fixed salary

With a fixed salary, the hourly rate is calculated to calculate the pay for night hours. tariff rate.

The found value must be multiplied by the surcharge coefficient established in the organization.

On a business trip

If the employer instructed the employee to perform a work assignment at night, then such hours worked must be paid.

But in what size?

According to the current legislation, the surcharge must be at least 20% of the tariff rate per hour of work.

At the same time, it is not necessary to pay for the night hours that the employee spent on the way to the place of destination.

There is no such provision either in the Labor Code or in Decree No. 749.

Moreover, the Ministry of Labor claims that employers can pay for night hours on the road at their own discretion.

For overtime hours

Example #2:

There are situations when, with a shift schedule, an employee works overtime. Let's take some conditions from Example #1 and give an example calculation for overtime hours.

Let's say that an employee in April worked not 172 hours, but 176. The norm of working time is 172 hours, respectively, Baranov worked 4 hours.

The coefficient for the first two hours is 1.5, for the next - 2.

Let's calculate the surcharge: 87.2 * 2 * 1.5 + 87.2 * 2 * 2 = 261.6 + 348.8 = 610.4 rubles.

Holidays

Example #3:

To understand how night hours are calculated when working on holidays, let's take the condition of example No. 1 and add some changes.

Let's establish that one of the shifts was on a holiday. It is necessary to calculate the surcharge for night hours that were on a holiday.

Decision:

First, we calculate the surcharge for the holiday: 87.2 * 8 * 2 = 1395.2 rubles.

We summarize the obtained values: 1395.2 + 52.32 = 1447.52 rubles.

Specialists labor inspectorate recently gave clarifications on how pay is made for work on weekends and holidays, at night and overtime. The recommendations were published on the website https://onlineinspektsiya.rf. New clarifications were given in connection with the issuance by the Constitutional Court of Resolution No. 26-P dated June 28, 2018, which refers to the rules for paying overtime, as well as work on weekends, holidays and night shifts of civilian personnel of military units of the RF Armed Forces.

Pay for work on weekends and holidays

Accounting for bonuses for wages on weekends and holidays

Pay for night work and overtime work

Important! The employee has the right to choose between increased pay for overtime work and additional rest time (duration not less than the time that was worked overtime). If additional rest time is chosen, the working day will be paid as usual.

The procedure for remuneration for overtime work is described in the text of Art. 152 of the Labor Code of the Russian Federation. Work in excess of the working time set at the enterprise must be paid for the first 2 hours at least 1.5 times the amount, and for subsequent hours - at least 2 times the size. If the employer wants to set his own multipliers, he has the right to enter specific pay rates into individual labor contracts, a collective agreement or other internal normative act. But it is impossible to worsen the position of workers - the multiplier must be greater than that established by law, but not less.

Time worked at night, according to article 154 of the Labor Code of the Russian Federation, is paid at an increased rate when compared with work under normal conditions, but not lower than the amounts approved by the Labor Code of the Russian Federation and other regulatory legal acts. Again, the approach in terms of remuneration, described in the text of the Resolution of the Constitutional Court of the Russian Federation No. 26-P, applies to the calculation of wages for work not only on weekends and holidays, but also at night and overtime. And the Decree of the Government of the Russian Federation of July 22, 2008 No. 554 states that the minimum increase in night work pay (from 22:00 to 06:00) is equal to 20% of the salary calculated for 1 hour of work, or the hourly tariff rate for each hour night shift work.

Even experienced accountants can make a mistake when calculating surcharges for night holidays. To prevent this from happening, it is necessary to study what the legislation says regarding this type of surcharge. Today we will look at legal documents, regulating the calculation of surcharges, as well as find out how night hours are paid on holidays, how to arrange it, who is not entitled to night work and surcharges, whether it is possible to increase the surcharge ratio from 20% to 100%. Read about all this in our today's article. So, you will learn:

• what does the Labor Code say about pay at weekends at night;
• what is the amount of payment for night hours on holidays;
• What is the procedure for paying night hours on holidays.

At enterprises, sometimes there is a need for employees to work at night on holidays. There is an additional charge for work during this time.

Payment for night hours on holidays

In the timesheet on the days when employees worked during non-working and public holidays, it is necessary to enter the code “03” or the letter designation “РВ”, both options are considered correct. Due to the fact that the legislation allows additional surcharges for overtime work, organizations can independently establish increased payments, which should be reflected in local acts. If the minimum payments established by the Labor Code of the Russian Federation are not made to the employees, they can apply to several competent organizations:

• Trade union (if employees are members of this body);
• the State Labor Protection Inspectorate;

When applying as evidence, you can use salary certificates, testimonies of witnesses and other facts confirming the systematic violation of labor laws by the employer.

How is night work paid on public holidays?

Important

His evening shift is from 20:00 to 04:00. According to the schedule, he has 10 such shifts per month. local act enterprises set a 20% share of additional payment for work after hours. Let's calculate the amount of the surcharge. For the accounting month Polivanov K.I.

fully worked out the hourly rate corresponding to the production calendar (170 hours).

At night, each shift falls on 6 hours (from 22:00 to 04:00), for a month it will be 6 x 10 = 60 hours. We need to find the average hourly tariff rate: 25,000 / 170 = 147 rubles. Let's calculate the amount of the night surcharge for each hour: 147 x 0.2 = 29.4 rubles.

For 60 non-working hours, you will need to pay extra to the salary 60 x 29.4 = 1764 rubles. Example 2. Paying night hours to an hourly worker when working overtime Production calendar for the accounting month provides for 172 hours worked, and the employee Belchenko L.A. worked 176.

Implementation of payment for night hours in the Labor Code of the Russian Federation in 2018, an example of calculation

Labor Code. Work on a weekend or holiday is paid double. Therefore, we can say that as many as two surcharges are due for work during the festive night hours. What the Labor Code says about pay at weekends at night Article 149 of the Labor Code says that when performing work in conditions that deviate from normal, the employee receives additional payments provided for:

• labor legislation - Labor Code of the Russian Federation;
• other normative legal acts containing labor law norms;
• collective agreement signed by representatives of the trade union;
• agreements between employer and employees;
• local regulations or addition to the TD;
• labor contract.

The amount of payments cannot be lower than those established by labor legislation (20%) and other regulatory legal acts containing labor law norms.

Overnight pay for shift work

At the same time, Belchenko has a shift work schedule with an hourly salary of 100 rubles. per hour, at which 3 hours fall every shift at night. In the accounting month, Belchenko had 12 shifts. The "night" coefficient adopted by the company is standard - 20%. We will calculate the fee. Let's find the number of night hours for a given month: multiply the number of shifts by the amount of after-hours - 12 x 3 = 36 hours.
Let's find how much time is processed in excess of the norm: 176 - 172 \u003d 4 hours. For night hours of work, a surcharge of 36 x 100 x 0.2 = 720 rubles is provided. For overtime: for the first two hours in one and a half times 100 x 1.5 x 2 = 300 rubles; for the remaining two hours 100 x 2 x 2 = 400 rubles.
Total 300 + 400 = 700 rubles. In addition to the usual daily earnings, Belchenko L.A. should receive 720 + 700 = 1420 rubles.

Remuneration for work on weekends, non-working days and at night, overtime work

The law allows night work Despite the fact that most organizations work during the day, the specifics certain types labor provides for night (and sometimes round-the-clock) functioning. Just for such enterprises, there is a shift work regime, according to which part of the shift or the entire shift falls on the hours usually intended for sleep and rest. The regulation of the organization and payment of such work is prescribed in Art.

96 and 154 Labor Code RF. What shifts are considered night shifts The law proclaims night work hours from 10 pm (10 pm) to 6 am. A shift will be considered a night shift if at least half of it is labor during the specified time period. The night rate will be paid only for the hours that make up this period, the rest will be rewarded as is customary for day shifts.

Pay at night: provisions of the Labor Code of the Russian Federation and calculation rules

What arguments should we present to management? We are talking about a violation of the TK, and in response to teachers they promised to increase their salaries by 30% from September 1, and they increased them by 6.5%. Night on a business trip If an employee has to be busy at night while on a business trip, this does not change the obligation of the additional payment. The only difference is that the employer is not obliged to pay extra for the night hours spent on the way to the place of business trip, although he can do this on his own initiative and desire.
What if the night is overtime? It is one thing when night hours are provided for by the work schedule, and a slightly different situation is when they are worked out in excess of the norm, even with a shift schedule. How to pay in such cases? Both the overnight surcharge and the overtime factor must be applied, which is 1.5 for the first two hours of processing and 2 for thereafter.

Table of payment for night hours for watchmen

Instruction 1 The company can increase the payment of employees for work at night. This is established by the collective agreement and prescribed in the regulations of the enterprise. 2 If the employee is paid a salary, and not a base rate, then the payment for one hour of work in a given month should be determined. To do this, the salary should be divided by the number of working hours in a month.

Multiply the resulting number by the number of hours worked per night and by the percentage set for night work. Unless otherwise established by the regulations of the enterprise, then by 20% as required by the legislative regulations. 3 When working at night on holidays and weekends, you should multiply the amount of salary by 2 or provide an additional day off.

Specific amounts of payment for work on a holiday are established by a labor or collective agreement, but not less than double the amount (parts 1.2, article 153 of the Labor Code of the Russian Federation). Additional payment for each hour of work at night (from 22.00 to 6 o'clock) is also made in the amount established by the labor or collective agreement, but not less than 20% of the hourly tariff rate (salary calculated per hour of work) for each hour of work at night ( part 1, article 96, article 154 of the Labor Code of the Russian Federation, Government Decree No. 554 dated July 22, 2008). We remind you that work on holidays can be replaced by an employee at his request by providing time off.

Then work on a public holiday is paid at single size. Moreover, if the employee worked on holidays in accordance with his schedule, then such work cannot be replaced by a single payment and a day of rest (Recommendations Federal Service on labor and employment dated 02.06.2014).

Guessing riddles: paying nightly on holidays

1. The law allows you to work at night
2. What shifts are considered night shifts
3. Documents for the payment of night work
4. Special contingent of personnel
5. Factors that determine the amount of pay for night shifts
6. Night on a business trip
7. Examples of payroll calculations at night

Shift work often includes night work. For an employee, such work carries an increased burden, therefore, the payment for it should be higher. Employees often worry about pay when shifting, in particular when they are busy at night.

Let's consider how the laws of the Russian Federation relate to this issue, how accounting is carried out when working after hours, how to calculate payment, and we will show this with a specific example.
The only exception is the situation when, instead of cash payments, the employer provides subordinates with time off for overtime: in this case, the surcharges are canceled. Art. 153 of the Labor Code of the Russian Federation, which regulates the peculiarities of wages on weekends or holidays, obliges to make additional payments of at least double the amount:

• Employees working at hourly or daily tariff rates - at least one daily rate in accordance with the tariff;
• Employees working under the deal - at least double the amount of piecework wages;
• Employees who are paid according to official salary- at least one hourly or daily rate in excess of the salary, provided that the work was performed within the established number of working hours at the monthly rate.

Regulations for payment of holidays and payment for night hours

Nikolaeva M.I.: - salary: 35,000 rubles, - hourly tariff rate for March: 35,000 rubles. : 159 h \u003d 220.13 rubles / h, - surcharge for work at night: 220.13 rubles / h x 6 hours x 20% \u003d 264 rubles, - payment for work on a holiday: 220.13 rubles ./h x 6 hours x 2 = 2,642 rubles, - total amount wages: 35,000 rubles. + 264 rub. + 2 642 rub. = 37,906 rubles. 3) locksmith Alekseev S.N.: - basic salary for March: 215 rubles / hour x 159 hours = 34,185 rubles, - surcharge for night hours: 215 rubles / hour x 6 hours x 20% = 258 rubles ., - payment for work on a holiday: 215 rubles / hour x 6 hours x 2 \u003d 2,580 rubles, - total wages: 34,185 rubles. + 258 rub. + 2 580 rub. = 37,023 rubles. Read more about weekend pay here. For more information on night work, see here.