The 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 a shift at this time is reduced by one hour without further development.
Exceptions to the Rules
Night work conditions for certain categories of workers may have certain restrictions. For example, the duration of night work is not reduced for the following workers:
- Accepted for night work (for example, a watchman). But even in this case, the collective agreement may indicate a reduction in the duration for these categories of workers.
- Those who have a reduced working time:
- students of educational institutions under the age of 16 who work throughout 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 mentioned above with the same conditions (no more than seventeen and a half hours);
- other employees from sixteen to eighteen years of age (not more than thirty-five hours);
- invalids of the first or second group (no more than thirty-five hours);
- workers with dangerous and / or harmful working conditions (not 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 (not more than thirty-six hours);
- medical workers (not more than thirty-nine hours).
Duration of work at night is equal to the duration of work during the day when it is required due to labor conditions, as well as on work with a shift schedule during a six-week working week with one day off. The list of works may be prescribed in a collective agreement or a normative act of local distribution. What persons are not allowed to work at night?
Who should not be allowed to work at night?
Night work 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 artwork, as well as athletes whose labor role is to prepare and participate in various competitions in a particular sport. At night, the activities of athletes are determined by a labor / collective agreement or other local regulations. Certain categories of people are not allowed to work at night. But there are certain nuances.
Written agreement
In the fifth part of Article 96 of the Labor Code of the Russian Federation, such categories of workers are distinguished that they can be involved in night shifts only if they have written consent:
- women who have children under the age of three;
- men who bring up children of the same age without a mother;
- workers who have children with disabilities;
- disabled people;
- fathers and mothers raising children without a spouse (spouse) who have not reached the age of five;
- workers caring for sick households according to a medical certificate;
- guardians of children under the age of five.
Medical report
Employees of this category may be invited to work at night, not only if there is his written consent, but also if there is a medical certificate confirming that such work is not prohibited due to his state of health. It is worth noting that the employer himself must familiarize in writing this category of workers with their right to refuse to perform labor duties at night.
When an employee was accepted from the very beginning for shift work or for labor only at night (for example, a shiftman), the employment contract and the shift schedule will be the documents that will control his relations with the employer.
If the employee usually works in the daytime, but for some reason there is a need to work on the night shift, his written consent is required. Since every hour of such work is paid in a larger amount, it is the responsibility of the employer to organize the accounting of the time that the employee worked. For this purpose, uniform forms of time sheets are used. Those who have not signed written consent for this are not allowed to work at night.
Payment for night shift work
Payment for work on the night shift is provided for in Article 154 of the Labor Code of the Russian Federation. Every hour of such work is paid in a higher amount than work under ordinary conditions, but at the same time not lower than established at the legislative level. If the latter requirement is violated, then an official fine may be imposed on officials in the amount of one to five thousand rubles for individuals, thirty to fifty thousand rubles for legal entities or termination of their activities for up to ninety days.
A more accurate amount of the increased night work payment is established in the labor or collective agreement, as well as in the local distribution normative act: the order of the chief, order, regulation on labor payments, etc. When the employer accepts such a document, he is obliged to reckon with the opinion of the body representing the interests of workers (trade union organization). 
Amount not lower than minimum
Night shifts must be paid in an amount not lower than the minimum determined by the Government of the Russian Federation, which is valid from 07.08.2008. Since that time, the minimum wage for night work is twenty percent of the official salary calculated per hour of work, or twenty percent of the hourly rate for every hour of night work time. A driver at night must also be paid according to a special rate.
Prior to the entry into force of this resolution, the smallest surcharge was not clearly defined. Only those documents that were adopted during the USSR were valid. So, in the field of construction, industry, transport, agriculture, the surcharge amounted to forty percent of the hourly rate or salary for one hour of work. At trade enterprises and catering outlets - thirty-five percent. Nighttime restrictions must be clearly observed.
Thus, individual entrepreneurs or organizations that paid less than twenty percent of their night work hours must increase the amount of additional payments, otherwise the labor inspectorate may call them to account in administrative order.
Since the resolution 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 night work in the Russian Federation.
The regulation of labor at night
Features of the work of people in the creative sphere who create or perform (exhibit) any works can be determined both by collective or labor contracts, and by a normative 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 engaged in:
- in mass media;
- television and video crews;
- cinema;
- theaters, concert and theater organizations, circuses.
Other persons who create or perform (exhibit) works are also included in this list.
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 performing work at night, an employee should receive precisely an additional payment for earnings or salary, and not just increase the salary by a fixed percentage. The employer is obliged to pay in a higher amount each in fact the hour worked at night.
We examined which persons are not allowed to work at night.