Features of work at night. Night work Types of night work

Companies can hire employees to work at night in connection with production or involve them in night work as needed. Regardless of the reasons, working at night means an additional burden on the human body. Therefore, there is an increased payment for it. How to calculate the amount of the surcharge and what hours the employee needs to pay, read the article.

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Night work: concept and examples

Night work is considered work from 22:00 to 06:00. Such a time period is determined by article 96 of the Labor Code of the Russian Federation.

Most often, employees work during the day. This is a common practice. Labor activity during the day does not have a significant burden on the body of the employee, it contributes to greater 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 night work is typical for shops, cinemas and other organizations. Therefore, the schedule is built in such a way that employees carry out their labor function at night. However, in any case, the duration of work or shift at night should not exceed 12 hours. The norms of work at night are determined by the employer in the local regulatory act. For example, in the Regulation on wages.

Regulations on wages

It is labor at this time that is paid at an increased rate. Note that earlier, there was also the concept of evening work. And now in the field, many experts believe that work in the evening should also be paid at an increased rate. But it's not. At the federal level, the concept of "evening work" is no longer applied. Meanwhile, special rules may be determined by regional legislation or industry agreements.

For example, the Agreement for 2016-2018 between the Government of Moscow, employers in the construction industry of the city of Moscow 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 to employers to make an additional payment for this time in the amount of 20 percent of the hourly wage rate.

But, once again, we repeat that, as a general rule, the employer has no obligation to make increased wages for employees in the evening.

Features of working at night

Working at night has its own characteristics. Yes, at employees who work at night, the duration of the shift is reduced by an hour. At the same time, in order to maintain the weekly norm of working time, the employee should not work a reduced hour.

In some cases, the duration of the night shift does not need to be reduced (it is equal to the day shift). This is possible if:

the employee has a reduced working time;
the employee is hired specifically to work at night;
it is necessary to equalize the night and day shifts according to working conditions;
employees work in shifts with a six-day week with one day off (Article 96 of the Labor Code of the Russian Federation).

Also, work at night is prohibited for some categories of employees and is paid at an increased rate.

How is night work paid?

Article 96 of the Labor Code of the Russian Federation implies that night work is compensated by increased pay.

Crib. Three rules about extra pay for night work

Attention! The minimum guaranteed by labor legislation is 20 percent of an employee's hourly wage rate. In the event that salaries are established in the organization, 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 at night is established by Decree of the Government of the Russian Federation of July 22, 2008 N 554.

Note that labor legislation guarantees the necessary minimum surcharge. Organizations, in turn, can establish such a surcharge at an increased rate. So, for example, by its local act or collective agreement, the organization may provide 30 or 40 percent of the hourly rate as an additional payment.

Calculation of surcharge for night time

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

Example: The organization has a shift schedule that provides for two shifts: the first shift is from 8.00 to 20.00, the second is from 20.00 to 8.00.

When calculating, use this formula.

Here it is necessary to pay attention to the following point. There is no single procedure for calculating the hourly tariff rate. And the organization can provide such a procedure on its own, for example, fixing it in a local act. You can choose from two options.

Option 1. The hourly rate can be calculated by dividing the salary (monthly rate) by the number of working hours in a given month according to the production calendar. In such a situation, it is obvious that the hourly rate may vary from month to month.

Option 2. The hourly rate can be calculated by dividing the salary (monthly rate) by the average monthly number of working hours. It is the result of dividing the annual norm of working time by 12. And in this case, the hourly wage rate is the same for all months of the year. In this situation, you do not need to recalculate the hourly rate every month.

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

Example:

The salary of the technician Sukhorukov M.V., working at Piramida LLC on the second shift (from 20.00 to 8.00), is 40,000 rubles. In September 2019, he had four night shifts. Working time at night was 8 hours (from 22.00 to 6.00) in each shift.

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

The norm of working hours for September 2019 with a 40-hour working week was 176 hours. The norm of working hours for 2019 with a 40-hour week is 1973 hours. Consider the calculation of the surcharge for both options.

Option 1. The hourly wage rate of an employee amounted to 227.27 rubles. (40,000 rubles: 176 hours). Accordingly, the additional payment for work at night will be 1454.53 rubles. (227.27 rubles × 8 hours × 4 shifts × 20%).

Option 2. The hourly wage rate of an employee amounted to 243.23 rubles. (40,000 rubles: (1973 hours: 12 hours)). Accordingly, the additional payment for work at night will be equal to 1556.67 rubles. (243.23 rubles × 8 hours × 4 shifts × 20%).

Working conditions at night

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

Consider whether these rules are universal and whether it is always necessary to reduce the duration of work. Let's take this example. The warehouse guard works according to the schedule "day after three". 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?

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

There are many exceptions to this rule, such as:

the employee has a reduced working time;
the employee is specially hired to work at night;
the employee works at night out of necessity caused by working conditions;
The employee works in shift work with a six-day work week.

And that is not all. The duration of work at night and daytime is equalized 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 "day in three" schedule shows the dates of entry to work, which is carried out around the clock. Weekends are provided on a staggered schedule. In this case, there are no shifts as such, just as there are no shift activities (part one, article 100, article 103 of the Labor Code of the Russian Federation).

Part of the working time with the “day after three” schedule falls at night from 22.00 to 6.00 (part one, 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, as the warehouse is guarded around the clock. Therefore, the duration of labor activity at night is not reduced by an hour.

How to specify the condition of working at night in an employment contract

If an employee was hired specifically to work at night, it is necessary to enter a condition about this in the employment contract. Special conditions should be provided for in the section on wages. There you need to specify the amount of additional payment for work at night.

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

Specify that the worker is accepted for work at night. Include the condition on the duration of the night shift and reflect the percentage of the surcharge, which was determined by the head of the organization in the local act.

List of employees who cannot work at night

Certain categories of workers are not allowed to work at night.

An absolute ban on night work has been established for:

pregnant employees;
underage workers.

They should not be involved in night work, even if they themselves do not mind it. The rest of the employees can be involved in night work, but for certain categories it is important that such work is not medically contraindicated for them.

The list of employees who may refuse to work at night is closed.

Medical contraindications are possible in relation to:

women with children under three years of age;
disabled people;
employees with disabled children;
employees caring for sick family members;
single parents (guardians) raising children under five years of age.

The listed workers have the right to refuse to work at night. Moreover, the employer must inform them in writing of the right to refuse night work.

Night work cancellation notice

The Labor Code of the Russian Federation does not say how to formalize the consent of an employee to work at night. In practice, it is formalized in one of the following ways:

in the form of an employee statement;
in the form of an employee's mark on the notification: "I agree to be hired."

Application for consent to work at night

Women are allowed to work at night with their written consent. The main thing is that such a working condition should be provided for in the employment contract with the employee.

Can a disabled person work at night?

But the most common question is related to the possible night work of disabled people. Heads of organizations are often interested in whether they can accept a disabled person for shift work, in conditions where part of the shift falls at night.

Let's start with the fact that a disabled person can be hired with night shifts. But in this case, each time before the night shift, you will need to obtain the written consent of the employee to work at night.

And it will also be necessary to carefully study the medical documents of a disabled worker. This type of work should not be contraindicated for medical reasons. Additionally, the employee is introduced against signature with the right to refuse such work (part five of article 96 of the Labor Code of the Russian Federation).

When hiring, an employee has the right to submit (clause 36 of the Rules approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95):

a certificate confirming disability, indicating the group (Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n);
an individual program of rehabilitation or habilitation (hereinafter referred to as IPR). It indicates the group of disability and the degree of limitation of the ability to work (Appendix 2 to the order of the Ministry of Labor of Russia dated July 31, 2015 No. 528n).

Now, regarding the provision of additional benefits. For a working disabled person, working conditions are created in accordance with the IPRA and the duration of the daily shift is reduced if the program contains such a requirement (part one, article 94, article 224 of the Labor Code of the Russian Federation, part 1, article 23 of the Federal Law of November 24, 1995 No. 181-FZ).

Working week for disabled people of groups I and II

Disabled people of groups I and II are given a reduced working week - no more than 35 hours. At the same time, they are entitled to full wages. In addition, disabled people are provided with annual leave of at least 30 calendar days, leave without pay at the request of the employee up to 60 calendar days a year, etc.

As a rule, work at night is reduced by an hour without further working off. This right does not apply if the employee is specially hired to work at night, works in shift work during a six-day working week, etc. In the employment contract with an employee who is hired to work at night, indicate the mode of work. Also reflect how the extra pay for night work is calculated. The minimum amount of additional payment for night work is 20 percent of the tariff rate, the salary calculated per hour of work. Determine the specific size in the collective agreement, local act or employment contract.

New edition Art. 96 Labor Code of the Russian Federation

Night time is from 22:00 to 06:00.

The duration of work (shift) at night is reduced by one hour without subsequent working off.

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.

To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night.

The procedure for work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.

Commentary on Article 96 of the Labor Code of the Russian Federation

There are enterprises where the technological process should not be interrupted even for a minute, and they work around the clock. For example, bakeries or steel mills. Employees of such enterprises regularly go to work at night.

Night time is considered from 10 p.m. to 6 a.m. (Article 96 of the Labor Code of the Russian Federation).

It is known that night work has an adverse effect on human health. Therefore, such work is subject to limitation. All of them are given in the previously mentioned article 96 of the Labor Code of the Russian Federation.

The duration of work (shift) at night is reduced by one hour. For employees who have a reduced working time, as well as for employees hired specifically for night work, unless otherwise provided by the collective agreement, the duration of work (shift) is not reduced. The maximum norm of working time for employees working during the week on the night shift cannot exceed 35 hours.

In article 96 of the Labor Code of the Russian Federation there is a provision that the duration of work at night is reduced by one hour without subsequent working off.

The duration of work at night is equalized with the duration in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.

Certain categories of citizens are not allowed to work at night, these include: pregnant women; employees under the age of 18, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws.

Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, these employees must be in writing, against receipt, familiarized with their right to refuse to work at night. The refusal of workers of this category to work at night cannot be considered as a violation of labor duties.

The inadmissibility of employing these categories of workers to work at night also extends to those cases where only part of the shift falls at night (paragraph 7 of the Decree of the Plenum of the Supreme Court of the RSFSR dated December 25, 1990 N 6 "On some issues arising from the application by courts of legislation regulating the work of women").

Also, disabled people can be involved in night work with their written consent, if such work is not prohibited to them for health reasons in accordance with a medical report (in the recent past, it was impossible to involve disabled people in night work even with their consent).

In addition to the persons mentioned in Article 96 of the Labor Code of the Russian Federation, the following are not allowed to work at night:

1) according to the general rule of a woman (Article 253 of the Labor Code of the Russian Federation);

2) employees suffering from tuberculosis - if there is a relevant conclusion of the EEC;

3) single mothers raising children - in the absence of round-the-clock children's preschool institutions;

The procedure for night-time work of creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, mass media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, a local normative act or an agreement between the parties to an employment contract.

Each hour of work at night is paid at an increased rate compared to the same work under normal conditions (Article 154 of the Labor Code of the Russian Federation), but not lower than the amounts established by laws and other regulatory legal acts. Thus, by the Decree 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 of industry and other sectors of the national economy to a multi-shift mode of operation in order to increase production efficiency" (which is valid in the part that does not contradict the labor legislation of the Russian Federation), the additional payment for each hour of work at night for enterprises with multi-shift operation is determined at a rate of 40% of the rate or salary worker. In this case, the employment contract may provide for a higher allowance for night work than established by law.

The labor code only talks about increased pay for night shift workers. At the same time, it is possible to include in the text of the collective agreement a condition on increased wages for workers working on the evening shift.

In this case, you can focus on paragraph 9 of the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions N 194, which was already discussed earlier. It states that the amount of additional payments for work on the evening shift is 20% of the hourly tariff rate (official salary) for each hour of work, and for the night shift - 40% for each hour of work.

The employer must make additional payments for night work to employees (for example, gas station operators) who have a summarized accounting of working hours and shift work (for example, work in the “day after three” mode), since it follows from Article 154 of the Labor Code of the Russian Federation that the increased amount of payment for each hour of work at night does not depend on the working time and rest time. The introduction of summarized accounting of working hours or shift work in organizations does not affect the payment for work at night.

In relation to individual complexes of the national economy, there are sectoral tariff agreements that establish the amount of additional payments (surcharges) for work at night or a night shift (for example, the Industry Agreement on the Timber Industry Complex of the Russian Federation for 2003 - 2005, registered by the Ministry of Labor of Russia on December 23, 2002 N 8671-VYa, the Industry Tariff Agreement for Road Transport for 2002 - 200 4 years, registered by the Ministry of Labor of Russia on March 22, 2002 N 1641-VYA, Industry tariff agreement for the chemical, microbiological complex, registered by the Ministry of Labor of Russia on February 15, 2002 N 892-VYa).

Another commentary on Art. 96 of the Labor Code of the Russian Federation

1. Limiting the hours of work at night is a special case of reducing working hours. Night work adversely affects human health, which is why a number of ILO recommendations call for limiting night work. However, to date, in today's economy, night work is necessary. This is due to the peculiarities of technological processes, the requirements of public services (power plants, water supply, hospitals, transport, etc.).

2. Part 2 of Art. 96 of the Labor Code of the Russian Federation emphasizes that the reduction in the duration of work at night is carried out without subsequent working off, i.e. with a corresponding reduction in the weekly norm of working time (norm of working time for the accounting period).

3. Parts 3 and 4 of Art. 96 of the Labor Code of the Russian Federation contain lists of cases when the duration of night work is equal to daytime. The possibility of legal regulation provided for in these norms with the help of a collective agreement and local regulations makes it possible to find the best ways to regulate the duration of work at night.

4. In accordance with Part 5 of Art. 96 of the Labor Code of the Russian Federation, pregnant women and workers under the age of 18 cannot be allowed to work at night (with the exception of persons involved in the creation and (or) performance of works of art).

5. A special procedure for engaging in night work has been established for certain categories of workers listed in Part 5 of Art. 96 of the Labor Code of the Russian Federation (women with children under the age of three, disabled people, workers with disabled children, workers caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under the age of five without a spouse (wife), as well as guardians of children of this age). If night work is not forbidden to them for health reasons in accordance with a medical report, they may be involved in night work only with their written consent, while the employer is obliged to inform them in writing of the right to refuse to work at night.

The requirements of the law to obtain the written consent of the employee to involve him in night work and to familiarize the employee in writing with the right to refuse to work at night must be met by the employer every time the need arises to involve employees in such work.

6. Each hour of work at night is paid at an increased rate compared to work under normal conditions (see article 154 of the Labor Code of the Russian Federation and commentary thereto).

7. The procedure for working at night for creative workers and professional athletes (according to the lists of categories of workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations), established by a collective agreement, local regulatory act, labor contract, may differ from the general rules for working at night.

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In accordance with the international classification, the term "night work" means any work that is carried out for a period of at least 7 hours in a row, including the interval between midnight and 5 o'clock in the morning *.

Part one of Article 96 of the Labor Code of the Russian Federation provides for a clearer framework for night time - this is the period from 22 hours to 6 hours.

The main motive that guides the employer when attracting employees to work at night is the desire to achieve high economic results: production growth, increasing its efficiency, increasing production potential, reducing the need for capital investments, etc.

From the point of view of loading production capacities, the employer needs the physical wear and tear of the equipment used to prevail over its obsolescence.

In addition, the use of night work may be due to other reasons: for example, the need to ensure a continuous production process, when technology does not allow the employer to stop production at night (for example, maintenance of a blast furnace), the duration of the production process exceeding the daily work rate, the need to ensure the protection of the employer's property, the obligation to monitor the operation of equipment around the clock, etc.

Thus, in most cases, the goals of introducing a night mode of operation have their justification. However, since the endurance of the human body is still not comparable with the wear resistance of equipment, and also due to social, ethical and other aspects at the legislative level, there are restrictions on the will of the employer to use the night work of workers.

Let's consider these restrictions in detail.

* Article 1 of the ILO Convention on night work dated 26.06.1990 No. 171.

Organization of work of workers at night

First of all, the legislator outlined the boundaries of night time, defining in the first part of Article 96 of the Labor Code of the Russian Federation that time from

22 hours to 6 hours (i.e. as in the ILO Convention of 06.26.1990 No. 171).

In addition, part of the second named article of the Code establishes a rule according to which the duration of work (shift) at night is reduced by 1 hour without additional working off in order to exclude cases of forcing employees to work the “night” hour (by which the night shift was reduced) on the next day shift.

This approach is explained, first of all, by biological reasons: the night shift is the most difficult in terms of physiological addiction, sleep and well-being. During the night shift, the number of errors in the performance of work especially increases, and fatigue accumulates.

Studies show that after several night shifts in a row, sleep deprivation usually accumulates, which affects work productivity and increases the likelihood of an accident. Also, according to research, the number of pronounced "larks" and "owls" is only 5% of the population. Most workers need more than 1 week for their body to fully get used to night work. Any partial addiction is lost on the weekend following the night shift. Thus, the biorhythms of permanent night workers are always in a state of disturbance*.

*Peter Knauth. Duration of work // Encyclopedia of Safety and Occupational Health. T. 2. - International Labor Office, Ministry of Health and Social Development of Russia, 2001. - S. 309.

That is why the legislator reduced the duration of work (shift) at night by 1 hour - in order to improve the tolerance of night work - and banned its working off.

The exception is employees who have already established a reduced working time (for example, employees employed in work with harmful and (or) dangerous working conditions, etc.), as well as employees who are hired specifically to work at night (part three of Article 96 of the Labor Code of the Russian Federation). For these workers, night work is not reduced, unless otherwise provided by the collective agreement.

According to the fourth part of Article 96 of the Labor Code of the Russian Federation, the duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off.

The list of the specified works can be determined by the collective agreement, the local normative act.

For employees of some industries, the legislation provides for a clarification of the above rule, in particular, the Regulations on the peculiarities of the working hours and rest time of communications workers with a special nature of work, approved by order of the Ministry of Communications of Russia dated 08.09.2003 No. 112, it is established that with continuous round-the-clock operation of communication facilities, the duration of work at night is equalized with the duration of work in the daytime, when it is necessary for working conditions.

As follows from the Decree of the Council of Ministers of the USSR dated February 12, 1987 No. 194 “On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift mode of operation in order to increase production efficiency”, which is applied to the extent that it does not contradict the Labor Code of the Russian Federation, the introduction of this regime, in which work (shift) at night is reduced by 1 hour, is carried out by the organization without reducing targets in terms of production volume and labor productivity. That is, in this case, the employer himself should be interested in providing the most favorable conditions for highly productive work and good rest for employees.

In order to fully utilize the potential of the staff, it is necessary to start solving all related production and social issues already at the stage of planning the transfer of production to a multi-shift operation.

When redistributing workers across shifts, the proposals and wishes of the team should be taken into account to the maximum extent, using polls, questionnaires and other forms of identifying public opinion for this. World practice follows the same path: before the introduction of work schedules requiring the use of night work, the employer consults with representatives of the workers concerned regarding the specific content of such schedules and forms of organization of work at night, which are most suitable for the enterprise and its personnel, as well as regarding the necessary measures for occupational health and social services *. Exactly

* Article 10 of the ILO Convention on night work dated 26.06.1990 No. 171.

Article 103 (part three) of the Labor Code of the Russian Federation directly instructs the employer, when drawing up shift schedules, to take into account the opinion of the representative body of employees. At the same time, shift schedules, as a rule, are an annex to the collective agreement.

Night work can have a negative impact on family life, social participation and social contacts. The depth of the problems may depend on many factors, such as: type of shift system, gender, age, marital status, composition of the worker's family, etc. Compared to other shift systems, a constant night shift has the most negative effect on family members, who must adjust their lifestyle to this schedule, on the worker's ability to fulfill their family functions. However, some workers see certain benefits in night work. So, in the night shift, workers usually feel more independent due to the weakening of control from the authorities. In addition, the night shift can be chosen for economic reasons - working at night means an increase in income due to increased pay for night hours.

At the same time, when deciding on the composition of night shifts, one should not only be guided by considerations of the expediency of using certain workers, but also take into account the specifics of the work of workers with family responsibilities and other categories of workers that the legislator established in the relevant articles of the Labor Code of the Russian Federation.

So, according to part five of Article 96 of the Labor Code of the Russian Federation, the following are not allowed to work at night:

Pregnant women;

Employees under the age of 18 (with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with the Labor Code of the Russian Federation and other federal laws).

These restrictions are caused by the psycho-physiological and age characteristics of these categories of workers, and the establishment of prohibitions is the implementation of the state policy for the protection of motherhood and childhood, ensuring the health of young people.

The legislator also established certain protection against arbitrary involvement in work at night in relation to other categories of workers listed in the same norm of the Labor Code of the Russian Federation (part five of Article 96):

Women with children under the age of 3;

Disabled;

Employees with disabled children;

Employees caring for sick members of their families in accordance with a medical report;

Mothers and fathers raising children under the age of 5 without a spouse, as well as guardians of children of this age.

The listed employees may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. This is explained by the fact that when caring for a child or another family member, such workers, due to objective circumstances, reduce the amount of free time and the duration of sleep. In order to create favorable conditions that allow them to combine work with social life, labor legislation grants them the right to work at night at their own discretion.

As for the disabled, their right to choose night work is also limited by their state of health. However, not every disability prevents normal work at night, for example, this, as a rule, is not prevented by a disorder in the functions of the organs of vision and hearing, and in some cases, the musculoskeletal system. In addition, there are many jobs, the performance of which at night requires less physical and emotional stress from the employee. Therefore, the ban applies only to disabled people with medical contraindications, and the involvement of disabled people who do not have medical contraindications to work at night is subject to their written consent.

According to part five of Article 96 of the Labor Code of the Russian Federation, when deciding on the issue of engaging in night work, the above workers must be familiarized in writing with their right to refuse to work at night. These requirements predetermine a special approach to formalizing the involvement of these categories of workers. The most common form is obtaining a statement of consent from the employee

to work at night. Such a statement can be drawn up in any form or on a template developed by the personnel department. In a number of organizations, the execution of documents called “Consent to work at night” is practiced.

The name of this document is not of fundamental importance - it is important that it contains the explicit consent of the employee to perform his work duties at night, an indication of the absence of medical contraindications and confirmation that the employee was familiar with his right to refuse to work at night (an approximate version of this document is given in the section "GI PAPER" on page 73). It seems that the employer must request such consent in each case when he intends to involve the employee in night work, as well as in writing to acquaint the employee with his right to refuse to work at night (an approximate form of such consent is given in the section "PAPERS" - p. 74).

This method is acceptable for registering the involvement of employees already working in the organization to work at night (for example, when placing an employee on a night shift, etc.).

Due to the fact that part five of Article 96 of the Labor Code of the Russian Federation provides for obtaining the consent of an employee for any work at night, it seems that this rule also applies when an employee is hired specifically for work at night. In this case, the relationship is formalized in a different way. First of all, the condition on working at night should be included directly in the employment contract as a feature of the work and rest regime, which, according to part two of Article 57 of the Labor Code of the Russian Federation, must be reflected in the contract as a mandatory condition if this regime differs from the general rules in force for this employer.

The consent of the employee can also be expressed in a separate document (for example, an application for employment), the details of which, together with the details of a medical report indicating that work at night is not prohibited to the employee for health reasons, are indicated in the employment contract.

In practice, certain difficulties arise when deciding whether an employer can involve an employee in night work, based on his oral message that night work is not prohibited to him for health reasons. Based on the fact that the legislator formulated it in

as a separate but indispensable condition for engaging in night work, the employer must not rely on the words of the employee and, together with the employee’s statement of consent to work at night, ask the latter to submit a medical report, from which it would follow that there are no contraindications for working at night.

Part six of Article 96 of the Labor Code of the Russian Federation provides for the possibility of deviating from the generally established rules in relation to creative and other categories of workers: according to this norm, the procedure for working at night for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.

The list of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of their work activity are established by the Labor Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252 (given in the section "PAPERS" - p. 75).

With regard to other employees, it should be borne in mind that if the work and rest regime established for them does not involve working at night, then the involvement of such workers in night work should be carried out according to the rules provided for in Article 721 of the Labor Code of the Russian Federation (individual cases) or Article 74 of the Code (for example, the introduction of a shift regime that provides for work at night).

When choosing a shift system (developing a schedule), the following provisions should be followed. The transition from one shift to another is recommended to be carried out regularly after a certain number of working days in accordance with the shift schedule. In this case, a direct (day, evening, night, day, evening, etc. "in a circle") order of alternation of shifts or a reverse one (day, night, evening, day, night, etc.) is allowed. Intersectoral recommendations for the development of rational work and rest regimes, approved by the USSR Ministry of Health *, recognize the direct order of shift alternation (day, evening, night, day, evening, etc.) as preferable, since it corresponds to the natural daily rhythm of human natural processes. In any case, shift rotation should be preferred over full-time night work.

It is also worth thinking about how to reduce the amount of night work and its negative impact on workers, for example, by:

Reducing individual unusual hours of work;

Reducing the unnecessary part of night work (some activities can be moved to the morning or evening when reviewing the production process and technology);

Using a mixed shift schedule (for example, at least 1 month a year without shift work);

Transition from 2-shift to 3-shift or from 3-shift to 4-shift;

Introduction of additional shift teams; etc.

When solving the issues of organizing the work of workers at night, when drawing up shift schedules, one should also remember the requirements of Article 103

of the Labor Code of the Russian Federation, which establishes, among other things, a ban on working for two shifts in a row (part five), and the obligation of the employer to bring shift schedules to the attention of employees no later than 1 month before they enter into force (part four).

* Moscow, publishing house "Economics", 1975.

Providing conditions for rest, food and travel of employees.

Night shifts must necessarily provide for breaks in work (this follows from Article 100 of the Labor Code of the Russian Federation), despite the fact that some employers consider such breaks "unproductive interruption of working time."

Work and rest time during the shift should be in the optimal ratio in order to minimize fatigue. We must not forget about the social aspect of the rest period (meaning communication between employees).

The schedule and the total duration of breaks should take into account the burden that workers bear due to the peculiarities of night work. A break is also needed for eating, for which the employer should take care of organizing hot meals for employees, establishing a convenient working mode for canteens and buffets at work, or coordinating the break time with the opening hours of third-party catering establishments.

It should be borne in mind that working at night leads to a change in the sequence of hours of eating (at night, the stomach cannot cope with the composition and quality of a typical daytime meal). Therefore, during night work, it is recommended to set the main meal time before 1.00 am. This food should

be rich in proteins rather than carbohydrates and have a low fat content. At around 4:00-4:15, nutritionists advise snacking on fresh fruit or dairy products*.

*Peter Knauth. Duration of work // Encyclopedia of Safety and Occupational Health. T. 2. - International Labor Office, Ministry of Labor and Social Development of the Russian Federation, 2001. - P. 317.

It is well known that night shift productivity is reduced if the work consists of boring, repetitive, monotonous tasks. Therefore, it is necessary to try to provide a break in the production process for physical education, which will increase the tolerance of night work.

When introducing night work, the employer should also take into account social factors and carry out a number of the following organizational measures:

Coordinate the beginning and end of night shifts with the schedules and routes of ground public transport in order to create maximum convenience for workers working at night;

Take measures to limit or reduce the amount of time night workers spend traveling from their place of work to their place of residence, as well as eliminate or reduce the additional costs associated with their travel and improve their safety when traveling at night;

Provide collective means of transport for persons working at night, if public transport does not operate at this time of the day;

Provide appropriate compensation for additional overnight travel costs.

magazine "Personnel of the enterprise" №3, 2011

HR records management

Keywords:

1 -1

Daily work - according to the Labor Code, rest time under this regime is not specifically regulated, employers are guided by the general rules of section V of the Labor Code of the Russian Federation. How many and what should be breaks during daily work, read in this article.

The concept of daily work

Daily work is understood as the performance by the employee of his labor duties within 24 hours. With regard to such a regime, there are no prohibitions in the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), but when establishing it, the following must be taken into account:

per week, the employee must work no more than 40 hours - part 2 of Art. 91 of the Labor Code of the Russian Federation (for information on who has a shorter working week, read our article “Reduced working hours (nuances)”);
during the week, the employee must have a continuous rest of at least 42 hours (Article 110 of the Labor Code of the Russian Federation).
not all categories of workers can be involved in shift work lasting a day due to the presence of restrictions on the length of the working day / week for certain categories of workers (minors, disabled people, etc. - Articles 92, 94 of the Labor Code of the Russian Federation) - see the flowchart below;
not all categories of workers can be involved in work according to such a schedule due to the ban on involving them in work at night - Art. 96 of the Labor Code of the Russian Federation (more details in our article “Payment for night work under the Labor Code (nuances)”).

How to schedule work and rest for daily shifts?

The most common schedules in practice are a day after 2 and a day after 3. With such schedules, the requirement for a 40-hour week is violated, so the employer introduces a summarized time accounting provided for in Art. 104 of the Labor Code of the Russian Federation.

Risks! According to Art. 104 of the Labor Code of the Russian Federation, if it is not possible to comply with the daily and weekly working time limits, the employer considers the hours worked for the accounting period and controls that they do not exceed the established norm for the accounting period.

The procedure for introducing summarized accounting of working time is regulated by the internal labor regulations. Accordingly, these rules also determine the accounting period - a month, quarter, six months or a year. It is not allowed by law to take into account hours worked for more than a year (for workers in the industry with harmful conditions, the limit is 3 months - part 1 of article 104 of the Labor Code of the Russian Federation).

Note! Thanks to the accounting of working hours, unworked hours can be covered by overworked ones.

The normal number of working hours for the accounting period is determined on the basis of the weekly working hours established for this category of employees.

Consider, using a specific example, the rules for scheduling daily work, for example, for April 2019:

scheme - in 3 days;
accounting period - month;
the number of working days according to the calendar of the five-day working week - 22;
the number of hours per month that accounted for the reduction in working hours in April 2019 is 1 hour.

The calculation of the norm of hours of working time for a month is carried out in accordance with the Calculation Procedure ..., approved. by order of the Ministry of Health and Social Development of August 13, 2009 No. 588n:

Norm hours \u003d (40 hours x 5 / 22) - 1 hour \u003d 175 hours.

The shift schedule for the month is presented below (C - shift, B - day off).

Working hours and rest time with a daily schedule

The start and end times of work are indicated in the internal regulations and, if necessary, in the employment contract.

According to the Labor Code of the Russian Federation, with a daily work schedule, the rest time is no different from the rest time under other modes of operation. It is established subject to the provisions of Sec. 18 of the Labor Code of the Russian Federation:

during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and no less than 30 minutes, which is not included in working hours (part 1 of article 108 of the Labor Code of the Russian Federation). If an employee is on a 24-hour shift, then during this time, for example, the internal labor regulations may provide for 2 breaks of 1 hour or 4 of 30 minutes. etc.;
if the employer cannot provide the employee with the opportunity to leave the workplace and use the rest time at his own discretion (which most often happens with daily work), then the time for eating and rest will be included in the working time.

Note! In accordance with the above, the time sheet may indicate a shift lasting 22 hours (for example, if the employee is given 2 hours for a break during the shift and the employee can leave the workplace) or 24 hours (if the employee was not allowed to leave the workplace).

Weekends are 2 or 3 days (depending on the mode) after 24 hours worked.

Important! Generally accepted days off (Saturday, Sunday) or holidays, if a shift falls on them, they are not days off, because the employee works according to his own schedule and the days off for him are determined precisely in accordance with such a shift schedule.

Is the daily schedule a shift work

The daily schedule can be set not only for shift work, but also in the flexible schedule mode provided for in Art. 102 of the Labor Code of the Russian Federation. How they differ - see the table below.

Criteria	Shift work	Flexible working hours
How the schedule is made	Employer with union approval, etc.	By agreement of the parties
Is it possible to put an employee in 2 shifts in a row		Yes, with the consent of the employee
What is overtime (overtime)	Of the hours of work after the shift under Art. 99 of the Labor Code of the Russian Federation + in excess of the norm established for the accounting period	Hours in excess of the norm established for the accounting period
Whether the summarized accounting of working hours is introduced	Necessarily	Necessarily
Is the shift that falls at night reduced by an hour?	shrinking	Not shrinking
How is a shift that falls on a public holiday paid?		At least double
Who can not be put on a day	Pregnant women, minors, disabled people with children under 3 years old, etc.

Note! Regardless of the type of regime in force at the enterprise, the employee retains his labor rights and guarantees. For example, in case of non-attendance at work for good reasons (sick leave, etc.), the employee is not required to work off the missed shift. Of course, all other guarantees provided for by the Labor Code of the Russian Federation are also preserved (the right to annual paid leave, laid down in the reduction of compensation and payments, etc.)

Pay for daily work

Remuneration for flexible and shift work has the following features:

actual hours worked are paid: salary or rate;
night work is paid at an increased rate in accordance with Art. 154 of the Labor Code of the Russian Federation (in 2019, the increase occurs at least in the amount of 20% of the salary / hourly rate for each hour of night time - see Decree of the Government of the Russian Federation of 07.22.2008 No. 554);
the day off on which the shift fell is paid at a double rate (except when an employee is given a day of rest for working on a holiday, in which case payment is made at a single rate). If only a part of the shift fell on a public holiday, then only the hours actually worked on that day are paid at a double rate (part 3 of article 153 of the Labor Code of the Russian Federation) - you can read about the intricacies of the calculation in the article “How are holidays paid with a shift schedule?” ;
overtime for the first 2 hours is paid at 1.5 times, the next - at a double rate (Article 152 of the Labor Code of the Russian Federation).

Note! All rates / surcharges / increases can be changed by local acts in a direction greater than those established by the Labor Code of the Russian Federation.

Shift work has such a specificity that when calculating the amount of hours actually worked, the employee accumulates overtime hours. In this regard, the employer should carefully consider the following points:

he is responsible for accurately accounting for the overtime of each employee (part 7 of article 99 of the Labor Code of the Russian Federation);
overtime work should not exceed 120 hours per year (part 6 of article 99 of the Labor Code of the Russian Federation);
work on weekends and holidays does not apply to overtime (part 3 of article 152 of the Labor Code of the Russian Federation).

To determine the exact amount of payment for overtime work, it is recommended that calculations be made under this item at the end of the accounting period.

So, rest time with a daily work schedule is lunch breaks, following several days after work (established by the internal labor regulations), vacation. Saturday, Sunday and public holidays that fell on the shift are not days off and overtime. At the same time, the worked days off according to the schedule and holidays are paid at a double rate (or at a single rate, provided that the employee is additionally provided with a rest day).

According to the Labor Code of the Russian Federation, hours of work from 3 a.m. to 6 a.m. are considered night hours and must be paid at an increased rate. But if the relevant norm of the Decree were left in force, it would turn out that the employee should not receive any additional payments. After all, the duration of his shift is 7 hours. At the same time, only three of them occur at night, and this is less than half. As mentioned above, there are quite a lot of legal acts that establish the amount of surcharges in other industries. Therefore, we will not list them all. Let's say that, for example, for workers employed in the production of newspapers in the printing industry, the surcharge is 50% of the hourly wage rate; textile industry workers - 75% of the hourly wage rate (Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 03/01/1982).

Night shifts organised. what should be remembered?

Help Medical contraindications are possible in relation to:

women with children under three years of age;
disabled people;
employees with disabled children;
employees caring for sick family members;
single parents (guardians) raising children under five years of age.

The listed workers have the right to refuse to work at night. Moreover, the employer must inform them in writing of the right to refuse night work. Can a disabled person work at night? But the most common question is related to the possible night work of disabled people.

Here is a question from practice: Heads of organizations are often interested in whether they can accept a disabled person for shift work, in conditions where part of the shift falls at night.

Changeable night schedule and healthy sleep

At the conclusion of the employment contract, we wrote in it that the employee was hired specifically to work on the night shift. Accordingly, for this waiter, the duration of work on the night shift will not be reduced. The Labor Code does not say whether this unfinished hour on the night shift is subject to working off.
But for most organizations (industry, transport, communications, processing industries of the agro-industrial complex, etc.), back in 1987 it was provided that the total number of working days per year with a reduction in night work by one hour under a three-shift regime should not exceed the total number of working days with one- and two-shift work (clause 10 of the above-mentioned 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).

Work at night

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Khachaturyan Yu.A. | lawyer, magazine expert

After reading this article, you will learn how to properly organize work on the night shift, who absolutely should not be involved in it, and who should be, but subject to a number of conditions. Several options are proposed to confirm the fact that certain categories of workers are familiarized with their right to refuse to work on the night shift. Talk about pay for night shift. An example of payroll calculation is given.
for Electronic subscription for 8400 rubles. Printed version for YYY rub.

If it is in your power, try to plan your employment schedule in such a way ...

So that you do not have "one and a half" shifts when you work day, night and the next day. Only a day or 12 hours, and after that - rest. Otherwise, poor sleep due to work is simply guaranteed.
So that night shifts alternate with day shifts not randomly, but in the prescribed manner. For example, it is convenient to plan a shift night schedule in the “day after three” or “one night shift - rest - two day shift” modes.
To make the graph rotate "clockwise".
Example: one day you work during the day, one in the evening, one at night.

According to it, each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by laws and other regulatory legal acts. The specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, the collective agreement, the labor contract. When deciding how much to set a surcharge, the following should be taken into account.

Info

Firstly, there is no single legal act that would establish the minimum amount of additional payments for night shift work. Therefore, we use the normative acts of the former USSR. There are quite a lot of them. And they set different amounts of surcharges depending on the industry in which the employee works.

Night shift work: how to survive. secrets of professionals and advice from doctors

So, the duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement (see examples 2 - 3). Example 2. According to Art. 92 of the Labor Code of the Russian Federation, the normal working hours are reduced by 4 hours a week or more for workers employed in work with harmful or dangerous working conditions. Imagine that we have hazardous production and the duration of the shift of each employee is 7 hours.
Accordingly, if we involve a "harmful", and so working less than expected, to work on the night shift, then for him the duration of this shift will not be reduced. Example 3. We were looking for a waiter to work in a nightclub.

How to work the night shift

Attention

If you've ever taken a long-haul flight, remember how it felt to be a few hours "before" or "after" your usual time. Approximately the same thing is experienced by an employee who has an uncomfortable schedule, with the only difference being that he does not “jump in time” occasionally, but several times a week. Daytime sleepiness, trouble falling asleep, low mood, a tendency to depression, digestive disorders - symptoms of circadian rhythm disturbances significantly impair quality of life.

Ideally, to improve sleep and maintain health, you should give up working at night. But if you can’t leave a shift night schedule, you can at least try to reduce its harmful effects. The following tips will help. Work with shift schedule.

Organization of night shift work and its payment

TC RF). In this regard, if an employee was hired specifically to work at night, it is necessary to enter a condition about this in the employment contract. Special conditions should be provided for in the section on wages. There you need to specify the amount of additional payment for work at night. Download completed sampleDownload to .doc Who can work at night? Certain categories of workers are not allowed to work at night. An absolute ban on night work has been established for:

pregnant employees;
underage workers.

How to organize the night shift

After the change

On the way home, if it's sunny outside, put on dark glasses; darkness contributes to the production of the sleep hormone, and this is exactly what is needed at the time of preparation for rest.
If it’s far from home, it’s better to get there by transport, otherwise, firstly, you will lose time that you could spend sleeping, and secondly, you will cheer up because of fast walking and may not want to sleep at home.
If due to night work you have slept less than 5-6 hours in total per night, it is recommended to sleep after it. Wherein:

Do not fall asleep in transport on the way home; sleep after a night shift should not be interrupted, it is better to sleep once and for a long time than several times a little.
Provide yourself with full-fledged conditions for relaxation: good darkening of the bedroom, silence, sleep without outerwear and in your own bed.