Download labor code article 96 night time. Night shifts are organized. Things to Remember

Night time is from ten in the evening to six in the morning, which is determined by the first part of article 96 of the Labor Code of the Russian Federation. The general rule, spelled out in the second part of this article, states that the duration of the shift at this time is reduced by one hour without further working off.

Exceptions to the rule

Working conditions at night for some categories of workers may have certain restrictions. For example, the duration of work at night is not reduced for the following workers:

1. Hired precisely for night work (for example, a watchman). But in this case, the collective agreement may indicate a reduction in the duration for these categories of workers.
2. For those with reduced working hours:

• students of educational institutions under the age of 16 who work during the school year in their free time (no more than twelve hours);
• other employees under the age of 16 (no more than a day);
• students specified above with the same conditions (no more than seventeen and a half hours);
• other employees from sixteen to eighteen years old (no more than thirty-five hours);
• disabled people of the first or second group (no more than thirty-five hours);
• workers with dangerous and / or harmful working conditions (no more than thirty-six hours);
• women who work in the Far North or in areas equated to it (thirty-six hours);
• employees in the field of pedagogy (no more than thirty-six hours);
• medical workers (no more than thirty-nine hours).

The duration of work at night is equivalent to the duration of work during the day when it is required due to labor conditions, as well as in shift work with a work week of six days with one day off. The list of works can be spelled out in a collective agreement or local distribution regulation. What persons are not allowed to work at night?

Who should not be allowed to work at night?

Work at night is a type of work with special conditions, therefore it is not allowed to involve certain categories of workers: pregnant women and persons who have not reached the age of majority. But there is an exception to this rule. Many people wonder if teenagers are allowed to work at night?

Minors can also be involved in night work if they take part in the performance or creation of any works of art, as well as athletes whose labor role is to prepare and participate in various competitions in any kind of sport. At night, the activities of athletes are determined by the labor / collective agreement or other regulations that have local distribution. Certain categories of people are not allowed to work at night. But there are certain nuances.

Written agreement

The fifth part of Article 96 of the Labor Code of the Russian Federation identifies such categories of workers who can be recruited to work on the night shift only with their written consent:

Medical report

For employees of this category, it is possible to be involved in work at night, not only if there is his written consent, but also if there is a medical report confirming that such work is not prohibited due to his health condition. It is worth noting that the employer himself must familiarize this category of workers in writing with their right to refuse to perform work duties at night.

When an employee from the very beginning was hired for shift work or to carry out work activities only at night (for example, a watchman), then the documents that will control his relationship with the employer will be the employment contract and the shift schedule.

If an employee usually works during the day, but for some reason there is a need to work the night shift, his consent in writing is required. Since each hour of such work is paid in a larger amount, it is the employer's responsibility to properly organize the recording of the time that the employee has worked. For this purpose, uniform timesheet forms are used that take into account working hours. Those who have not signed written consent to do so are not allowed to work at night.

Pay for night work

Payment for work on the night shift is provided for by Article 154 of the Labor Code of the Russian Federation. Every hour of such work is paid in a higher amount than work under normal conditions, but at the same time not lower than established at the legislative level. If the latter requirement is violated, then an administrative fine in the amount of one to five thousand rubles for individuals, from thirty to fifty thousand rubles for legal entities, or the termination of their activities for a period of up to ninety days may be imposed on officials.

A more precise amount of increased pay for night work is established in an employment or collective agreement, as well as in a regulatory act for local distribution: orders of the chief, orders, regulations on labor payments, etc. When an employer accepts such a document, he must take into account the opinion of the body representing the interests of workers (trade union organization).

The amount is not less than the minimum

Night shifts must be paid in an amount not lower than the minimum determined by the Government of the Russian Federation, which has been in effect from 08/07/2008. Since that time, the minimum wage for night work has been twenty percent of the official salary calculated for an hour of work, or twenty percent of the hourly rate at the rate for each hour of night work. Working as a driver at night must also be paid for at a special rate.

Prior to the entry into force of this decree, the lowest amount of the additional payment was not clearly defined. Only those documents that were adopted during the USSR were valid. So, in the field of construction, industry, transport, agro-industrial complex, the surcharge was forty percent of the hourly rate or salary for one hour of work. At trade enterprises and public catering outlets - thirty-five percent. Restrictions on night work must be strictly enforced.

Thus, individual entrepreneurs or organizations that paid for work at night with less than twenty percent must increase the amount of additional payments, otherwise the labor inspectorate may hold them accountable in an administrative manner.

Since the decree determines the smallest amount of payment, the employer has the right to make it higher, for example, twenty-five or forty percent of the hourly rate. This is the payment for work at night in the Russian Federation.

Regulation of the work of workers in the professions of the creative sphere at night

The peculiarities of the work of persons in the creative sphere who create or perform (exhibit) any works can be determined both by collective or labor contracts, and by a regulatory act of local distribution, which is indicated in the sixth part of Article 96 of the Labor Code of the Russian Federation. This rule applies to the following categories of workers performing activities in:

• in mass media;
• TV and video crews;
• cinema;
• theaters, concert and theatrical organizations, circuses.

This list also includes other persons who create or perform (exhibit) works.

It is necessary that the position or profession of such an employee is indicated in the corresponding List, which was approved by the Government of the Russian Federation on April 28, 2007 (No. 252).

Conclusion

It is also worth noting that for carrying out work at night, the employee should receive exactly an additional payment to earnings or salary, and not just an increase in salary by a specified percentage. The employer is obliged to pay in a higher amount for each hour worked at night.

We have considered which persons are not allowed to work at night.

1. Article 96 of the Labor Code of the Russian Federation determines the period of time that is considered night (from 22:00 to 6:00), establishes the rules for reducing the duration of work and the procedure for attracting certain categories of workers to work at night.

2. Night shift is considered a shift in which more than half of its duration falls on night time (sub. "A" clause 9 of the Resolution 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 N 194 "On the transition of associations, enterprises and organizations industry and other sectors of the national economy on a multi-shift mode of operation in order to increase production efficiency "// SP USSR. 1987. N 14. Art. 55).

Part 2 of the commented article provides that the duration of work (shift) at night is reduced by one hour without further working off.

In accordance with Part 3 of Art. 96 of the Labor Code of the Russian Federation, this rule does not apply to employees for whom a reduction in working time is already provided (see Art. 92 and comments to it). The duration of work is not reduced even when a person is hired specifically to perform work only at night, unless otherwise provided by the collective agreement.

The duration of night work is equal to day work in cases where it is necessary for the conditions of production, in particular in continuous production, as well as in shift work with a 6-day working week with one day off. The list of these works can be fixed by a collective agreement, order of the head of the organization or other local normative act.

3. According to part 5 of the commented article, pregnant women, workers under the age of 18 are not allowed to work at night, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of workers in accordance with the commented Code and other federal laws.

Women with children under the age of 3 may be allowed to such work, but only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical certificate. At the same time, women with children under the age of 3 must be informed in writing of their right to refuse to work at night.

The above conditions must be observed in relation to other categories of workers specified in Part 5 of Article 96 of the Labor Code of the Russian Federation, when the issue of staffing night shifts in organizations is being decided.

Since the law does not link the prohibition of night work for the above categories of workers with work during the entire shift, it can be concluded that these workers should not be involved in work at night and in cases where less than half of the shift falls on night hours.

4. Requirements for the organization of work at night, including restrictions on the use of night work established for certain categories of workers, also apply to creative workers and professional athletes.

A collective agreement, a local normative act, an employment contract can only establish the procedure for working at night for creative workers and professional athletes engaged in activities 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 Trilateral Commission on Social Regulation. - labor relations, from the moment of entry into force of the specified lists.

5. As follows from the content of Part 5 of Art. 96 of the Labor Code of the Russian Federation, the categorical prohibition of night work applies only to pregnant women, workers under 18 years of age (with the exception of some individuals). However, before the adoption of the new Labor Code, workers with tuberculosis were also not involved in work at night (clause 3 of the Instruction on the employment of workers and employees with tuberculosis diseases, approved by the Decree of the Council of People's Commissars of the USSR dated January 5, 1943, according to which the sick tuberculosis workers, according to the conclusion of the VKK of the tuberculosis dispensary, should be released from work in the night shifts and transferred to the day shift, and where possible - to the morning shift (Collection of normative acts on labor. Part 1. M., 1984. S. 268)). This practice is consistent with the state policy in the field of tuberculosis prevention (the Law on the Prevention of the Spread of Tuberculosis), and it is advisable to use it when concluding collective agreements and agreements.

At the local level, it can also be borne in mind that the ILO Recommendation No. 178 "On Night Work" (1990) proposes to exempt older workers, persons undergoing vocational training, etc. from night shifts.

6. Work at night is paid at an increased rate (see Art. 154 and comments to it).

The Labor Code establishes a supplement for night work, but the differences from normal day work do not end there. Read about who is not allowed to work at night, download sample documents

In this article, you will learn:

From what hour is the night work time

Night time according to the Labor Code is from ten in the evening to six in the morning. There is no need to issue a special order on recruiting to work at night.

For every nighttime hour, management will have to pay the employee at an increased rate. At the same time, the Labor Code says nothing about "evening time" or "evening shift". Because of this, the bosses are trying to pay those who are late at work after 18.00, the same money as the rest of the employees.

In its own way, the employer is right, since the law does not protect "evening parties" unlike "night lights" and does not oblige the management to raise rates. However, injured workers' rights can be defended by sectoral agreements; they quite often provide for payment for night hours.

How to arrange

The condition of the need to work at night is negotiated when applying for a job. To attract to work at night, an employment contract, a shift schedule, etc. are required. The mode of work and rest must be prescribed in an employment contract (Article 57 of the Labor Code of the Russian Federation);

If an employee works at night at the end of his shift (delayed due to production needs), arrange such work in the same way as any overtime work (Article 99 of the Labor Code of the Russian Federation).

The employee must agree to night work before taking the shift, and must agree in writing. To do this, a notification is sent, which indicates the reasons why you need to go on the night shift, and consent is requested.

The letter indicates that the person has the right to refuse. The notice is drawn up in two copies - one for each party. If the employee is ready to work at night, he gives written consent.

We must not forget that the employee can withdraw his consent at any time. If an agreement was concluded with him on the transfer to night work, then the withdrawal of consent will automatically be equated to the termination of this agreement unilaterally. In this case, it is necessary to return the specialist to work during the day.

Payment for night hours

The existing legislation is silent on the extremely large amount of the allowance for work on night shifts, leaving this decision at the mercy of the employer. There is only a lower bar, below which the allowance cannot be lowered. In accordance with the Decree of the Government of the Russian Federation of July 22, 2008 N 554, the smallest additional payment for work in the evening is 20% for each hour.

The bonus is paid to all workers at night. The surcharge is calculated based on the hourly rate. If, in addition to this, some other payments are due to a person, they are not taken into account and do not affect the amount of payment for night work.

When approving the amount of additional pay for work at night, one must be guided by industry agreements, internal regulations of the enterprise (which take into account the opinion of people working at this enterprise) and a collective or labor agreement (part 3 of article 154 of the Labor Code of the Russian Federation).

Theme of the issue

Also read about how to safely pay for work on holidays and weekends, how to behave during the GIT check and what conditions need to be urgently removed from the employment contracts of your employees.

The conditions are as follows:

• the state of human health allows you to work at night - there is a corresponding medical report;
• notified in writing of going to work at night;
• written consent for the night watch has been obtained.

If the evening worker provides a certificate of pregnancy, the boss is obliged to immediately remove her and provide the same job, but during the day.

It may happen that there is no such place at the enterprise, then the woman needs to be offered an occupation that, given her pregnancy, will be within her power.

If the employer does not have a suitable position at all, the pregnant woman should be released, while her average earnings should be retained.

Employees of law enforcement agencies, medical institutions, convenience stores, as well as enterprises that carry out the technological process continuously - all of them work at a time when the main population of the country is sleeping. Naturally, it is much harder to work at night than during the day, so such energy costs must be compensated by the employer.

The procedure for engaging to work at night

First, not everyone is allowed to work at night. strictly prohibits the involvement of pregnant women and employees under the age of 18 in night work, regardless of their gender.

However, if in the case of women awaiting the birth of an heir, no exceptions are provided - she is pregnant, which means she can only work during the day, then with minors the situation is not so strict. Young media workers, theater or film performers, or other workers involved in the creation or performance of works of art may work at night. The main thing is that they turn 14 years old, because before this age, employment in Russia is not provided.

Persons with disabilities, mothers or single fathers whose child has not yet reached the age of five, or the guardians of a child of the same age group, as well as women with children under three years of age and parents of children with disabilities, can be attracted to work at night only with their written consent. This rule is clearly spelled out in part three of Art. 96 of the Labor Code of the Russian Federation, it is immutable and there are no exceptions to it. Therefore, any threats from the employer in response to the refusal of such an employee to go to work at night are illegal and unfounded.

The duration of the night work shift and the procedure for its payment

The night shift should be exactly one hour shorter than the day shift. At the same time, no further modifications are provided. This rule, in accordance with the provision of part 2, part 3 of article 96 of the Labor Code of the Russian Federation, does not apply to those employees who were initially hired at the enterprise exclusively for night work or workers in shifts during a six-day working week. In such cases, all working conditions and remuneration are mandatorily prescribed in the collective agreement or established by local regulations of the organization.

It obliges the employer to pay an increased amount for every hour of work at night. The specific amount of payments is determined directly by the employer, but it should not be lower than that provided by law.

Russian legislation lacks general norms containing provisions on the amount of additional payments for night work, which is often used by unscrupulous and stingy managers. The way out of the situation is simple - Russia is the direct successor of the former USSR, some of the normative legal acts of which have not been canceled, which means they are currently in force.

In this case, Article 55 of the Decree of the Council of Ministers of the USSR of 12.02.1987 No. 14 should be applied, according to which the additional payment for night work is not less than 40 percent of the hourly salary. In other words, the salary for one hour of night work is paid on the basis of the hourly salary plus at least another 40 percent of it, for a total of 140 percent. This is a minimum, since for certain categories of workers, for example, for employees of the printing or textile industry, such a premium is already 50 and 75 percent, respectively.

Representatives of such spheres as health care and social protection of the population are not subject to the above Resolution. This is the only category of workers whose night work is paid in accordance with the norms adopted already in Russia. So, by the Decree of the Ministry of Labor of the Russian Federation No. 17 of June 8, 1992, additional payments and allowances for such employees are carried out in the amount of 50 percent of the hourly wage rate for each nightly hour of work. Moreover, drivers of medical transport are also included in this category. The only exception is the field staff of emergency medical services, who receive double wages for night work.

Night work is paid at an increased rate and has a number of peculiarities. For details on how to organize and pay for such work, read our article.

From the article you will learn:

What is night work?

Most often, employees work during the day. This is a common practice. Labor activity during the day does not exert a significant load on the employee's body; it contributes to greater labor productivity.

But it is not always possible to comply with the standard work schedule. So, for example, at those enterprises that do not interrupt their activities, the labor process does not stop and continues around the clock.

In addition, round the clock, m as a result, typical for shops, cinemas and other organizations. Therefore, the schedule is built in such a way that employees perform their work function at night.

Download related documents:

In practice, the question often arises: night time work from what hour is it counted? The answer to it is contained in the Labor Code of the Russian Federation.

What is night time

Night time is the period from 10 pm to 6 am. This time period is determined by article 96 of the Labor Code of the Russian Federation.

It is labor at this time that is paid in an increased amount. Note that earlier, there was also the concept of evening work. And now on the ground, many experts believe that work in the evening should also be paid at an increased rate. But this is not the case.

At the federal level, the concept of "evening work" is no longer used. Meanwhile, special rules can be determined by regional legislation or industry agreements.

For example, the Agreement for 2016-2018 between the Moscow Government, employers of the Moscow construction industry and the Territorial Organization of the Trade Union of Construction Workers and the Building Materials Industry contains the concept of “evening work”. This is the period of labor activity from 18 to 22 hours. And in this Agreement there are recommendations for employers to make an additional payment for this time in the amount of 20 percent of the hourly tariff rate.

But, we repeat once again that, as a general rule, to produce increased workers in the evening, the employer has no obligation.

Supplement for night work

This type of work is certainly the least comfortable for workers. And it is quite obvious that such a mode of work must be compensated for by higher wages.

The minimum guaranteed by labor legislation is 20 percent of the employee's hourly wage rate. In the event that the organization has established salaries, it will be necessary to calculate the hourly rate. And based on it, the surcharge is calculated for each hour of work.

Legislatively, the minimum additional payment for work activities at night is established by the Decree of the Government of the Russian Federation of July 22, 2008 N 554

Note that labor legislation guarantees the required minimum of additional payments. Organizations, in turn, can establish such a surcharge in an increased amount. So, for example, its or collective agreement, the organization can provide 30 or 40 percent of the hourly tariff rate as a surcharge.

Surcharge calculation

And now, using a practical example, we will consider the procedure for calculating an additional payment for work at night.

Let's take this example. The organization has a shift schedule that provides for two shifts: the first shift - from 8.00 to 20.00, the second - from 20.00 to 8.00.

When calculating, you should use this formula.

Here we must pay attention to the following point. There is no uniform procedure for calculating the hourly wage rate. And the organization can provide for such a procedure independently, for example, fixing it in a local act. You can choose from two options.

For details on how the additional payment for night work is calculated, read our .

The hourly wage rate can be calculated by dividing the salary (monthly wage rate) by the number of hours worked in a given month according to the production calendar. In such a situation, it is obvious that the hourly rate may differ from month to month.

The hourly wage rate can be calculated by dividing the salary (monthly wage rate) by the average monthly working hours. It is the result of dividing the annual rate of working time by 12. And then the hourly wage rate is the same for all months of the year. In this situation, it is not necessary to recalculate the size of the hourly rate every month.

Note that the Decree of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of December 27, 1972 N 383/35, it is recommended to use the first option. But the organization has the right to choose the settlement mechanism that it deems more appropriate.

Example

The salary of the technician Sukhorukov MV, working in LLC "Pyramida" in the second shift (from 20.00 to 8.00), is 40,000 rubles. In October 2017, he had four night shifts. Working hours at night were 8 hours (from 22.00 to 6.00) in each shift.

According to the Regulations on the remuneration of labor of LLC Pyramida, the additional payment for each hour of work at night is 20% of the salary calculated per hour of labor.

The standard working time for October 2017 with a 40-hour work week was 176 hours. The norm of working hours for 2017 with a 40-hour week is 1973 hours.

Let's consider the calculation of the surcharge for both options.

Option 1. The hourly wage rate of the employee was 227.27 rubles. (40,000 rubles: 176 hours). Accordingly, the additional payment for work at night will amount to 1,454.53 rubles. (227.27 rubles × 8 hours × 4 shifts × 20%).

Option 2. The hourly wage rate of the employee was 243.23 rubles. (40,000 rubles: (1973 h: 12 h)). Accordingly, the additional payment for work at night will be equal to 1,556.67 rubles. (243.23 rubles × 8 hours × 4 shifts × 20%).

How to arrange an attraction to night work and what documents you need to complete for this, read in our .

Decrease in work at night

Duration of work at night is reduced by 1 hour. This rule is established by part 2 of article 96 of the Labor Code of the Russian Federation.

Read about whether it is necessary to reduce the work shift by one hour if it falls into the night time only partially in our .

Consider whether this rule is universal and whether it is always necessary to reduce the duration of labor. Let's take this example. The warehouse guard works according to the schedule “in three days”. In this regard, part of the working time falls on the night period. The question arises: is it necessary to reduce the work at night by one hour?

Immediately, we note that - no, it is not necessary. Indeed, the duration of work at night is reduced by one hour without subsequent working off.

And that is not all. The duration of work at night and during the day is equal in some sectors of the economy. For example, with continuous round-the-clock operation of communication facilities, in the continuous production of food concentrates, dried vegetables.

The chart “three days later” shows the dates of starting work, which is carried out around the clock. Weekends are provided on a rolling schedule. In this case, there are no shifts as such, just as there is no shift activity (part one of Art. 100, Art. 103 of the Labor Code of the Russian Federation).

Part of the working time with the schedule "a day after three" falls on the night from 22.00 to 6.00 (part one of article 96 of the Labor Code of the Russian Federation). The watchman was initially accepted on the condition that he would work at night. This is required by working conditions, since the warehouse is guarded around the clock. Therefore, the duration of work at night is not reduced by an hour.

Read about whether it is necessary to pay for work at night if an employee has an irregular working day, read our .

How to specify the condition of work at night in the employment contract?

Another question that arises in practice when introducing a night schedule. How to fix the condition on the night work schedule in the employment contract?

The employee's working hours must be reflected directly in the employment contract. But this obligation is valid only if the working mode of a particular employee differs from that generally established in the company (paragraph 6 of part two of article 57 of the Labor Code of the Russian Federation).

In this regard, if the employee was hired specifically for work at night, it is necessary to write a condition about this in the employment contract. Special conditions must be provided for in the section on ... There it is necessary to indicate the amount of the additional payment for work at night.

an individual program of rehabilitation or habilitation (hereinafter - IPRA). It indicates the disability group and the degree of restriction of the ability to work (Appendix 2 to the order of the Ministry of Labor of Russia ).

Now, with regard to the provision of additional benefits. Working disabled people create working conditions in accordance with the IPRA and reduce the duration of the daily shift, if the program contains such a requirement (part one of article 94, article 224 of the Labor Code of the Russian Federation, ).

Working week for disabled people of I and II groups

Disabled persons of groups I and II are assigned a shortened working week - no more than 35 hours. At the same time, they are entitled to full remuneration. In addition, people with disabilities are provided with annual leave of at least 30 calendar days, unpaid leave at the request of the employee for up to 60 calendar days a year, etc.

For details on who is contraindicated to work at night according to the Labor Code of the Russian Federation and what are the mandatory actions of the employer, read our .

Check yourself

1. What is the minimum allowance for each hour of work at night:

• 10% of salary or wage rate;
• 50% of the federal minimum wage;
• 20% of salary or wage rate.

2. What shift is considered to be night in case of multi-shift operation:

• at least two hours of which falls for the period from 23.00 to 6.00;
• at least half of which falls on the period from 22.00 to 6.00;
• it lasts from 21.00 to 5.00.

3. What category of workers can be involved in night work without their written consent:

• parents of minor children;
• disabled people;
• women with children under the age of three.

4. As a general rule, what is the maximum threshold for the total duration of work at night:

• 5 hours a day;
• 35 hours a week;
• 30 hours a week.

5. In what cases can a minor employee be involved in night work:

• in the event that a minor participates in the creation or performance of works of art;
• if a minor professional athlete prepares for the competition at night;
• in both cases mentioned.