The human body is structured in such a way that it can engage in vigorous activity only during the day, and at night it is suitable for a good rest. However, due to the fast rhythm of modern life, people do not always have the opportunity to adhere to the rhythm of life provided for by nature, so many workers are forced to perform their labor functions on night shifts.
Since such work is extremely harmful, especially for women and young people, labor legislation establishes a certain list of guarantees for employees performing their functions at this time. And many of these workers are interested in how the night shift is paid.
general information
In accordance with labor legislation, an increased amount is required to pay all working hours from 22:00 to 6:00 in the morning. At this time, there are night shifts according to the Labor Code. Moreover, the very time of the beginning and end of the work depends on the regime established in a particular organization.
International practice
In international law, great attention is paid to the implementation of labor functions in night time. The main document, on which many subsequently adopted international conventions - This is the "International Labor Organization", which was adopted back in 1946.
Many of the internationally accepted documents have not been ratified in Russia, however, Convention No. 171 was of such great importance that it was immediately translated into Russian and is still actively used. She appeared because of the need to take specific measures in relation to a certain circle of workers performing their labor functions outside of school hours.
Convention 171
This legal act contains the following guarantees provided for all workers at night:
- free medical examination;
- the ability to get quick first aid;
- obtaining special protection measures, for example, protection from dismissal or transfer to another job;
- the provision of compensation, bonuses and benefits for night work;
- providing good living conditions for the performance of labor functions.
How is the payment for night hours
The exact amount of payment for night hours is established in the labor legislation, in particular, in the Labor Code of the Russian Federation, in article 96. The employer does not have the right to pay such shifts in a smaller amount.
In addition, it is worth noting separately that the total duration of the night shift should be 1 hour less than the usual day shift. That is, the maximum time that an employee must perform his labor functions is 7 hours. But there are some cases in which the duration of the night shift remains exactly the same as when working in the usual, for example:
- if the employee performs his labor functions, on the abbreviated work week;
- if the employee has been specially hired to perform labor functions at night.
It is also required to clarify separately the fact that the Labor Code does not indicate the specific amount of wages for work at a specified time. This regulatory legal act establishes only the minimum wage, but the employer himself must establish a specific level by registering it in a collective or labor contract.
In addition, the Labor Code indicates the obligation of the head of the organization to pay wages performed at night, in an increased amount, clearly defined in various regulatory acts of the legislation.
Minimum wage at night
The minimum wage for the described work is established by the current Government of the Russian Federation. But since at the moment he has not issued any regulatory document containing such norms, the standards for remuneration of work at night, adopted even in the Soviet Union, are applied.
Different industries use different pay ratios. For example:
- for security workers, when calculating the payment for night hours, an additional charge of 35% of their salary is assigned;
- medical workers the size of such surcharges is set at 50% of salary.
According to the Labor law, the salary is 35-40% of the salary specified in the labor contract.
Calculation Example
To better understand how the calculation of wages for night shifts is carried out correctly, we take a hypothetical employee who works in an organization with a three-shift work system:
- From 8 a.m. to 4 p.m.
- From 16:00 to 24:00.
- From 24:00 to 8:00.
Suppose that the supplement for night shifts is 35 percent.
The salary of an employee is 5 thousand rubles, in a month this employee worked 21 days. If we take in the calculations that the second shift, the employee performed his labor functions for 2 hours at night, and the third shift - 8 hours, in total, this employee performed his labor functions for 70 hours on night shifts during the month.
The cost of one working hour for this employee is 29 rubles 76 kopecks. Getting this amount is easy enough. To do this, it is enough to make the following simple calculations - divide the employee’s salary (5000) by the number of days worked (21) and divide by the number of working hours per day (8).
Next, you need to calculate the allowance paid for work on night shifts. It is 29 rubles 76 kopecks. You can get this amount if you multiply the wage per hour (29.76) by the number of hours worked at night (70), and multiply the number received by the premium coefficient adopted by the organization (35%).
In total, it turns out that in just this month the employee will receive a salary of 5,729 rubles 12 kopecks.
Night shifts for pregnant women
We should also pay attention to how such shifts are prescribed for pregnant women. Many employers mistakenly assume that pregnant women can go to work at night until a certain time. But according to labor legislation, in particular, article 259 of the Labor Code, pregnant women are prohibited:
- Send on business trips.
- Engage overtime.
- Engage in night shifts.
- Engage in work on holidays and non-working days.
In addition, in labor legislation, pregnant women may be lowered on the basis of a medical opinion of production rates or service rates. In some cases, their transfer to another job with absent harmful production factors is allowed.
Can pregnant women work night shifts?
Based on this, it can be concluded that the legislation does not determine the exact gestational age when a woman has special guarantees. Accordingly, the current term does not matter.
All guarantees, in particular, the release of the pregnant woman from work on night shifts, should arise with the expectant mother as soon as she has presented a certificate of her position in the organization. Accordingly, in order not to work on night shifts, she just needs to have the status of a pregnant woman. As soon as an employee brings a medical report about her pregnancy to work, she must immediately be transferred to another job.
