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Night work ban. Night shifts organised. Things to Remember

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 these works may be determined by a collective agreement, a 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.

Legal advice under Art. 96 Labor Code of the Russian Federation

Evdokia Pavlova

Article 96 consultation Call +

Svetlana Davydova

Subject of my question: Consultation with a lawyer right now.

Question answered by phone

Lilia Nikitina

Hello! When passing a medical examination, I was given a conclusion on the prohibition of night shifts for work as a watchman. ALL doctors signed GOODEN! He also provided computed tomography, where the conclusion reads - Condition after right-sided lobectomy from 2017. CT signs of COPD (emphysema) ICD calculi ChLS of the right and left kidneys. The attending physician oncologist has signed a pass, there are no contraindications. How to be in such a situation?

Question answered by phone

Ilya Pudovikov

After how many hours do you need to call back at night, according to labor law?

Question answered by phone

Anna Mironova

help deal with the article ??? article 96 of the Labor Code of the Russian Federation. 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.

they can perform in a nightclub, subject to the morality of the work and so that the work does not interfere with their studies, not necessarily in the presence of their parents

Evgeny Karagodin

From what time and until what time can you make repairs in an apartment in Rostov-on-Don? better link to the article .. thanks in advance

Lawyer's response:
It is not allowed at night from 22-00 to 06-00. The concept of night time is given only in the Labor Code of the Russian Federation (Article 96). But in Moscow, for example, there is a city law on silence, where repair work is just very strictly regulated in time. It ends very early and on weekends there are also some troubles. But this is in Moscow! In other cities, there are most likely no such Laws, and in Rostov-on-Don there certainly are none. Therefore, all law enforcement agencies (not in Moscow) proceed from the generally accepted night time.

Valeria Koroleva

How many hours a week a person should work. With a second disability group (working group).

Lawyer's response:
The Labor Code establishes the following additional guarantees for persons with disabilities who are in an employment relationship. Article 92 of the Labor Code determines that disabled workers of groups 1 and 2 are entitled to reduced working hours. It cannot be more than 35 hours per week. Article 96 of the Labor Code of the Russian Federation restricts the work of disabled people at night. It states that persons with disabilities, in accordance with a medical report, may be involved in night work with their written consent.

Vyacheslav Smekalkin

Is there a charge for night hours on weekends?

Lawyer's response:
Who cares? They are night-time and night-time in Africa, and Article 154 of the Labor Code of the Russian Federation establishes the obligation of the employer to compensate the employee for work at night. It is 20 per cent of the hourly rate or salary (calculated on an hourly basis) for each hour of night work. The same document, as well as Article 96 of the Labor Code, determines that the interval from 22:00 to 6:00 is considered night time. A collective agreement may establish a different amount of compensation.

Natalia Stepanova

Can I go to work with night shifts if I reissue parental leave for up to 3 years to my husband?

Lawyer's response:
Yes you can, but only with your written consent. Here is what Part 4 of Article 96 of the Labor Code of the Russian Federation indicates about this; “Women with children under the age of three ... 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 informed in writing of their right to refuse to work at night.

Egor Shusherin

What mode did you work during pregnancy?

Worked in the usual daily 40-hour mode. If you work at night, then by law you are required to transfer to a daytime schedule. Article 96. Work at night [Labor Code of the Russian Federation] [Chapter 15] [Article 96] Night work is not allowed ...

Galina Gromova

Is it possible to involve a mother with a child under 3 years of age forcibly in the night shift? I need a link to an article. Thank you in advance.

Lawyer's response:

Bogdan Slavonich

What types of work are allowed at 14 years old, 16 years old, 18 years old?
- According to part 1 of article 63 of the Labor Code, the employment of adolescents is permissible from the age of 16. An employment contract can also be concluded with a person who has reached the age of 15 to perform light work that does not harm his health (part 2 of article 63 ...

Alena Markova

is it possible for a pregnant woman to work in production on the return shift and at night, the work is standing and the same type

Maxim Cheburashkin

I am a single mother

Vasily Diligensky

Question about night shifts (sm.vn) please help with advice. ((. Work at night. The question is I work in the warehouse as an assistant storekeeper on Friday, the boss gathered the entire warehouse and said that from May 1, our warehouse is switching to night shifts, we work two days at home from 00.00 to 6 in the morning. At the same time, he said, which will very soon give us all to sign a paper that we are switching to night shifts and attach it to our already existing contract.After reading the law on night shifts there, I read that night shifts start at 22:00, and our boss told us that we will have it, it starts at 00:00? Is this a violation of the law? Or does he just not want to pay for the extra 2 hours? He spoke about shipments of all kinds of supplies, but did not talk about what kind of payment we would have for food the company does not provide us, the whole day I work on my feet. The boss also said that according to the Labor Code (although we know very well that he was banned, now the Labor Code of the Russian Federation we can refuse night shifts (but this is not recommended, we are all friends. He could also say to bring a certificate from a doctor if contraindicated ra bot at night. If I do not sign the annex to the contract, what will I do for it? Does he have the right to be fired? What conditions must an employer provide during inaccurate hours? On what basis are night shifts paid at a double rate? Can I refuse to work night shifts? And after this refusal, can the employer demand to write a letter of resignation? Since after 18 hours I have a mess in my head, I get tired, I can’t think normally, therefore I will only do harm at work, I’ll confuse it, I’ll put it that the thread is not right in general after 17 hours I don’t understand anything what to do how to act?

Indeed, there are lawyers who will answer your questions accurately and give confirmation in the Labor Code. Otherwise, a conversation with superiors will turn out as a scandal, and not as a defense of one's rights.

Ekaterina Komarova

Please tell me! What additional payments should an employee working in a 12-hour shift receive according to the labor code? I work as an operator for 12-hour shifts (2 through 2), in total, 15 shifts go out per month. Does my manager have to pay me for night shifts and overtime? If possible, a link to the articles of the Code.

Lawyer's response:
Articles 96, 154 payment for hours of night work is made at an increased rate, night time is considered from 22 to 6 hours, articles 103 and 104 shift work and summarized accounting of working hours. Overtime is paid after the end of the accounting period. The accounting period can be a month, a quarter, a year. Ask about your accounting period. As a rule, in graphite work, the accounting period is a year. Even for work on non-working holidays, payment is made in double the amount of Articles 112 and 153.

Evgenia Mironova

can teenagers (16 years old) perform in a nightclub?. despite the fact that their parents are in the hall with them

Together with parents..

Pavel Romshin

what does II group of disability mean? Is it possible to work

The second group of disability has a lot of restrictions in work, shortened working hours, physical activity is contraindicated and without night shifts, I will honestly say that as a disabled person it is very difficult to get a job.

Julia Davydova

I work 2/2 to 12 hours in the store. Do I have the right to ask to reduce the slave. time up to 8 hours due to pregnancy?

have nooooooooo that doesn't mean. that they will listen to you

Zhanna Soboleva

Question about the 12 hour shift for HR

They tell you nonsense .... The only way they can offer you to leave the shift from 9 am If you are required to work 8 hours, then you must leave "on the day", and not on the shift. What is the point of a partially worked shift? Someone else will do the work for you...

Fedor Skobelev

How to calculate night hours to fill out a time sheet. Does the shift work from 8:00 pm to 8:00 am?

Lawyer's response:
Indeed, according to the Labor Code of the Russian Federation, night time is considered from 22-00 to 6-00, i.e., according to your work schedule, there are 8 night hours per shift, but it should be noted that the time sheet probably does not indicate the duration of the work shift 12 hours (from 20-00 to 8-00), and 11 hours, because there should be a lunch break, and according to the Labor Code of the Russian Federation, lunch is not included in working hours. That is, if, according to the work schedule, the lunch break falls at night, then the number of night hours should also decrease by the time of the lunch break

Evgeny Volnov

Is it possible to refuse to work at night time, the whole team of the enterprise? night shifts pay 20%

You signed an employment contract, the working hours are indicated there, there are no violations of the Labor Code of the Russian Federation in terms of extra pay for night work by the employer. Your refusal to work will result in dismissal. You have no legitimate grounds for dissatisfaction.

Valentin Marushkevich

My child is 3 years old, I work in a state institution, do they have the right to force me to work in the evening until zero o'clock? And on New Year's Eve, and generally until 6 in the morning, I work in the House of Culture, I have two children, I can’t constantly leave them alone, for what and for whom ???? Is there any law?

Lawyer's response:
Article 96. Work at night [Labor Code of the Russian Federation] [Chapter 15] [Article 96] Night time - the time 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 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, may be established by a collective agreement, a local normative act, an employment contract.

Daria Makarova

I work in a supermarket 24 hours, night shifts are not paid: because the tax store is listed as not round the clock!. Can I sue them, if it makes sense to prove anything????

Lawyer's response:
What do you mean they don't screw up? Do you work for free? Or without a coefficient? Go to the employer, show the Labor Code and say that you will complain to the labor inspectorate. What they don’t have there is their problem! According to the Labor Code: Article 96. Work at night Night time is from 10 p.m. to 6 a.m. The duration of work (shift) at night is reduced by one hour without subsequent working off. ( as amended by the Federal Law of 30.06.2006 N 90-FZ) The duration of work (shift) at night is not reduced for employees who have reduced working hours, as well as for employees hired specifically for work at night, unless otherwise provided for by the collective agreement. The duration of work at night is equalized with the duration of work during the day 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 these jobs may be determined by a collective agreement, a local regulatory act. The following are not allowed to work at night: 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 familiarized in writing with their right to refuse to work at night. employees 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. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008) Article 149. Remuneration of labor in other cases of performance of work in conditions deviating from normal (as amended by Federal Law of 06.30.2006 N 90-FZ) When performing work in conditions that deviate from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, weekends and non-working holidays and when performing work in other conditions that deviate from normal), the employee receives the appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract. The amounts of payments established by the collective agreement, agreements, local regulations, labor contract cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms.

Evgenia Solovaeva

Compensation for dismissal .. Tell me. I work as a cashier. Every month I have 3 hours of night time in my work schedule. I used to be paid for these hours, but now I received an answer from the personnel department that the time will be paid only from 22.30. Is it correct? And can I write a letter of resignation with compensation for non-compliance with the labor law of the Russian Federation. How to do it? Thanks.

Not right. Of course, you can write a statement, but the result is unlikely to be positive. Contact the labor inspectorate by letter or online. They will come and check if the violations are confirmed, make a decision - everyone will pay.

Diana Kolesnikova

How many night shifts in a row are allowed to work under the labor legislation of the Russian Federation?

Dear Alexey! The Labor Code establishes a ban on working in two shifts in order. This is when you left the night to work during the day. P if all the time at night, for example, after two days, then this is permissible.

Tatyana Dmitrieva

What are the working conditions for pregnant women??? according to the law!! ! how long should a working day be for pregnant women? ?

The same as for mere mortals. Take the Labor Code of the Russian Federation, study. Read the labor code. Normal conditions, you can just switch to easier work. And you can reduce the working day by an hour (but this will affect the salary) Article 93. Part-time work ...

Svetlana Semenova

In what amount and why should the employer pay me night hours at an increased rate if I work 22 hours ... I worked as a projectionist - therefore I refer in part to Article 96. Work at night [Labor Code of the Russian Federation] [Chapter 15] [Article 96 ] Night time - time from 10 p.m. to 6 a.m. worked in difficult conditions - and this is recognized - the work of a projectionist is difficult - how much they should have been paid interest for work at night? 2008? 554 are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, an employment contract. The LAW signed by Putin was adopted in 2008 and made for the employer 20% is guaranteed to us by the state, but the rest up to 50% can be obtained only after the attestations - and as we know, the employer always reduces such a payment. Let's look at Art. 423 of the Labor Code of the Russian Federation, which states that all normative, legal acts and laws that existed before the collapse of the Soviet Union are still in force today, are applied without contradicting the code and are determined by specific consideration and appropriate interpretation. Conclusion - the law signed by Putin is not legal - we should also be paid at least 40 % when working at night from 10 p.m. to 6 a.m.

Lawyer's response:
I don’t know where you got that working hours are from 24-00, and before that - in the evening ... Always night was considered from 22 hours ... But I found a document that you can present in court as an argument - Letter of the Ministry of Health and Social Development of Russia and Rostrud dated 10.28.2009 N 3201-6-, which says: "If the previously adopted regulatory legal acts in relation to certain categories of workers establish higher sizes additional payments, then such acts should be taken into account when establishing specific amounts of additional payments by a collective agreement, a local regulatory act, an employment contract. I agree with you that in many industries, by this Decree, documents providing increased surcharges for night work have lost their force.

Georgy Pozvonkov

how can a pregnant woman be transferred to light work? reduce working hours? (if I work 12 hours 2/2) or transfer to another position? can I choose to reduce the time myself or another position?

Lawyer's response:
Girl, bring a certificate from a doctor about pregnancy, every 3 months, give it to the employer in the presence of witnesses, whom you will acquaint with it (certificate) and work as you want, even if you don’t work at all. A pregnant woman can only be fired if the organization is liquidated. What 12 hours, you are a pregnant woman, not a horse. Tell the employer if he tries to fire you or lower your salary (salary), you will go to the GIT and the COURT, and bring the GIT to him immediately. You can’t be fired, you can’t ...) neither for absenteeism, nor for being late, nor for anything! it will still be illegal and you will easily challenge this dismissal in court. He wants to let his cantor liquidate. Sit gnaw on a carrot for 5-6 hours and go home.

Artur Kozakov

The HOA filed a lawsuit for recovery. owe on whom. boards. I have documented that there is no debt. Require payment of representation expenses. Legal?

So they should have a lawyer in the state, who already receives a salary! Payment of expenses for a representative is probably dependent on the decision of the judge. what did the court decide? if the decision is in YOUR favor, then accordingly YOU HAVE THE RIGHT to demand from the HOA ...

Yuri Semernik

Paying for night hours

Well, their infa contradicts the TC. Apply in writing and let them answer in writing. Dear Olga! In the Labor Code there is the concept of "night time", evening - no. This was even before historical materialism... That is, under Soviet rule. Now...

Egor Vinyarsky

before maternity leave 1 month they don’t give easy work worked (officially) at night as a baker.

You have the right to take sick leave at any time and at any stage of pregnancy (at least a week))). this is the law. I advise you to do this - take a sick leave and then immediately go on maternity leave. Happy New Year!! Take care of yourself and baby.

Elizaveta Borisova

Lawyer's response:
Article 96 hours of work, as well as for employees hired specifically for night work, unless otherwise provided by the collective agreement. shift work with a six-day work week with one day off. The list of these jobs may be determined by a collective agreement, a local regulatory act. The following are not allowed to work at night: 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.

Natalya Efimova

I have two children (3 and 4 years old). I was recruited for night work due to business necessity...

Another task? night work, see Art. 96 tk They can attract you, because you have children over 3 years old and you are not raising them alone. dismissed under what paragraph of Art. 81? If you expressed your disagreement in connection with the change of essential working conditions...

Larisa Gromova

People help me to answer the questions rightly.... Question №1Sixteen-year-old K. came to work as a courier in the editorial office of the city newspaper. However, after looking at his documents, the boss refused to hire K., referring to the fact that the editorial office needed a full-time employee, and K. would continue to study and would have to be released from work earlier. Is the leader's action correct? What should K. do in this case? Question No. 2 Sixteen-year-old draftswoman T., having worked at the research institute for three months, asked the administration to grant her another vacation in July. Her immediate supervisor refused to sign the leave application on the grounds that the employee's first regular leave is granted no earlier than six months after the start of work. Is the leader right? Justify your answer. Question #3 The workshop director issued an order to transfer a seventeen-year-old worker to work on the night shift. The worker turned to the trade union committee with a request to explain to him whether he must comply with this order. The trade union committee explained to him that in accordance with labor laws ... (Finish the sentence.) Question No. 4 A woman with two small children turned to the personnel department of the plant with a request to hire her, but take into account that the children need care . What mode of working time should be offered to her at the plant, taking into account her situation? a) normal duration; b) reduced duration; c) part-time workQuestion No. 5 Driver V. went to work with the state. car depots in a small business. Six months later, in the summer, he asked me to introduce him to another vacation, to which the owner said: "Now is the hottest time. So you will go on vacation in the fall." The owner objected to V.’s attempt to refer to labor law: “It was at your motor depot that you could“ download rights ”, but here I am the owner, and for you my decision is the law.” Question No. 6 While repairing the fence at his summer cottage, locksmith Sh. hand with a hammer, fell ill for two weeks and asked to pay for the days missed due to illness. At the plant, he was told that he had a domestic injury and therefore it was not possible to pay for the ballot. Whose position is in line with labor law? Justify your answer.

Lawyer's response:
Task No. 2 Article 122. New Code in Art. 122 provides for who can legally use leave before the expiration of the first six months of continuous work. Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted: for women - before or immediately after maternity leave; for employees under the age of 18 years old; employees who have adopted a child (children) under the age of three months; in other cases provided for by federal laws. Task No. 3, Article 268 In accordance with labor legislation, it is prohibited to involve minors. The ban applies not only to night work, overtime work and weekend work, but also to work on non-working holidays and business trips. An exception is established for creative workers of the media, cinematography organizations, theaters, theatrical concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes. As can be seen from Art. 268, there should be lists of professions that are subject to an exception to the general rule, established 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. Where do you learn that you can’t solve such easy tasks (I helped you only two tasks, think for yourself the rest) Don’t forget 10 points

Zhanna Bogdanova

What is the correct way to call the time? Does anyone know if our legislation fixes the periods of the day? I know that: from 6 to 11:59 in the morning, from 12:00 to 17:59 in the afternoon, from 18:00 to 22:59 in the evening, from 23:00 to 5:59 night. but for the life of me, I can't find where it's fixed? who knows? with reference to regulation

Lawyer's response:
Code of Criminal Procedure of the Russian Federation Article 5. Basic concepts used in this Code hours. Law of the City of Moscow dated July 12, 2002 N 42 "On maintaining the peace of citizens and silence at night in the city of Moscow" Article 1. Basic concepts For the purposes of this Law, the following basic concepts are used: Night time - the period of time from 23 hours to 7 o'clock.

Vladimir Bulgak

Is it possible to work as a conductor of passenger cars from the age of 17?

Lawyer's response:
Workers under the age of 18 have reduced working hours. establishes a normal working week of 40 hours. But it should be borne in mind that for employees under the age of 18, a reduced working week is established (Article 92 of the Labor Code of the Russian Federation), namely: for employees from 16 to 18 years old - no more than 36 hours. In addition, it also establishes for minors the maximum allowable duration of daily work (shift): for workers aged 16 to 18 years - no more than 7 hours. In addition, the Labor Code of the Russian Federation prohibits: to involve minors in overtime work; call on the night shift and on weekends: the prohibition of the use of labor of minors at night is established by article 96 of the Labor Code of the Russian Federation. The work shift of an employee under the age of 18 must begin no earlier than 6 a.m. and end no later than 10 p.m. The impossibility of concluding an agreement on full liability due to under 18 years of age is a serious obstacle to employment related to the maintenance of monetary and inventory values, other property. Thus, the work of a conductor involves work at night and on weekends, and the duration of working hours will far exceed the established norms. This means that this work for a 17-year-old is unlikely to comply with the Labor Code.

Vadim Chetvertinsky

if the organization introduced night shifts, should they be paid at a different rate?

Lawyer's response:
Article 96 - Work at night Night time is the time from 10 p.m. to 6 a.m. 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. Article 154. Payment for work at night 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 labor legislation and other normative legal acts containing labor law norms. The minimum wage increase for night work is established 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. The specific amounts of wage increases for night work are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

Fedor Khomishin

URGENTLY!!! One of my acquaintances has been working as a janitor for less than 3 months. How can he quit without working 2 weeks? The main issue is that he found another better paid job (security guard) and has already signed a contract. Tomorrow he will go out into the night, and the former employer says that he must definitely work for 2 weeks. Since he himself is still a schoolboy and got a job as a janitor during the summer holidays, I offered him the following options for resolving the issue: 1) Write an application for a 2-week unpaid leave for personal reasons, then just come and quit, taking money for the work done; 2) Just leave, leaving a work book, since, I think, he doesn’t really need three months of experience as a janitor.) But, in this case, he will not receive money for the month worked (approximately 3,750 rubles), but at his future place of work he will be able to return everything in full; 3) Try to take the money for the hours worked and just leave... Maybe you can suggest something else? Many thanks in advance!

In fact, in January 2011, a law was passed according to which a person is not required to work out these 2 weeks, if only at will!

Vasily Krutiporoh

what payments, allowances and subsidies are made to single mothers? what are the benefits? announce the whole list, please!... and also a student... I know about the lump sum... and that's it...

Lawyer's response:
There is not enough space to list all the benefits, since you can be treated and equated as a single mother to other categories of citizens eligible for benefits. Therefore, I will give links to some rules of law that refer to benefits, etc., for mothers in the general sense and for single mothers (single mothers) in particular: 1. Articles 96, 259, 261, 263 of the Labor Code of the Russian Federation: 2. Subparagraph 2 of paragraph 3 of Article 14 of the FEDERAL LAW dated 06/24/1999 N 120-FZ (as amended on 07/23/2008) "ON THE FOUNDATIONS OF THE SYSTEM FOR THE PREVENTION OF HOME SUPERVISION AND MINOR OFFENSES"3. FEDERAL LAW dated 05/19/1995 N 81-FZ (as amended on 12/25/2008) "ON STATE BENEFITS TO CITIZENS WITH CHILDREN" (adopted by the State Duma of the Federal Assembly of the Russian Federation on 04/26/1995) (as amended and supplemented, effective from 01.01. 2009)4. FEDERAL LAW No. 256-FZ of December 29, 2006 (as amended on December 25, 2008) "ON ADDITIONAL MEASURES OF STATE SUPPORT FOR FAMILIES WITH CHILDREN" (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 22, 2006)5. Part 5 and 6 of Article 99, Article 100 of the Criminal Executive Code of the Russian Federation6. Articles 23 and 29 "FOUNDATIONS OF THE RUSSIAN FEDERATION'S LEGISLATION ON THE HEALTH OF CITIZENS" (approved by the Supreme Court of the Russian Federation on July 22, 1993 N 5487-1) (as amended on December 30, 2008)7. Section 2 of the PROCEDURE FOR APPOINTING AND PAYING MONTHLY COMPENSATION PAYMENTS TO CERTAIN CATEGORIES OF CITIZENS, approved by the Decree of the Government of the Russian Federation of 03.11.1994 N 1206 (as amended on 04.08.2006)8. , is not entitled to request information about an employee from any organization without the written consent of this employee. On the other hand, the Labor Code of the Russian Federation provides for special grounds for terminating an employment contract due to an employee's disability. One of them is enshrined in paragraph 5 of part 1 of Art. 83 of the Labor Code is the recognition of an employee as completely incapable of working in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. I draw your attention to the fact that if you do not inform your employer about your disability, you will not incur any related sanctions. However, at the same time, you lose the right to receive some benefits under the labor law. For example, you will not be assigned reduced working hours - 35 hours a week (Article 92 of the Labor Code of the Russian Federation), you will be involved in overtime work, work at night, on weekends and holidays on a general basis (Articles 96, 99, 113 TC RF). In other words, you will perform your duties on an equal basis with other employees who are not disabled.

Maxim Myskov

sample letter of request for employment without nights. I am an ambulance worker! Our employment contract has a schedule of 8 hours, 12 hours, 24 hours. (you can choose). 1. I leave as I wrote - December 14 - so I can not write what date I leave, because once I wrote ahead of schedule I'm not going to .... Right? 2. But I want to write to be released from the night because I am a parent raising a daughter alone (Article 96 of the Labor Code of the Russian Federation) and preferably for 8 hours. How should this be reflected in the application? 3. there is a certificate from the medical commission that it is exempt from night stays for health reasons ... - is it necessary to attach it to the application and mention it if the exemption from night stays is regulated by the Labor Code of the Russian Federation, is it not better to provide it after the child is five years old - when TC expires?

Lawyer's response:
1. Why are you going to write some kind of application for exemption from night duty?? ? You are exempted from them a priori by virtue of the law. On the contrary, the employer must obtain your consent to be involved in them, and when you return to work on December 14, you must be notified in writing of the right to refuse them. 2. Before leaving, write a statement: In accordance with Art. 260 of the Labor Code of the Russian Federation, I ask you to provide me with part of the annual paid leave in the amount of 10 days, as well as provide additional days of rest, laid down in accordance with Art. 186 of the Labor Code of the Russian Federation for blood donation (indicate the days of blood donation). Reasons: certificates in the form N 402 / y dated (specify dates)

Night time is considered from 22.00 to 6.00. This is indicated in part 1 of article 96 of the Labor Code of the Russian Federation. According to the general rule established in part 2 of the said article, the duration of work (shift) at night is reduced by one hour without subsequent working off. However, there are several exceptions to this rule. So, the duration of work (shift) at night is not reduced for workers (part 3 of article 96 of the Labor Code of the Russian Federation):

Which established a reduced working time (see table);

Adopted specifically for work at night (for example, a night watchman). However, in the collective agreement, the parties may provide that for the listed categories of workers, the duration of the night shift is also subject to reduction.

Table. Categories of employees who, according to the labor code, have reduced working hours

	Working hours per week	Norm of the Labor Code
Students of educational institutions under the age of 16 who work during the school year in their free time	No more than 12 hours	Part 2 of Article 92
Other employees under the age of 16	No more than 24 hours	Part 1 of Article 92
Students of educational institutions aged 16 to 18 who work during the school year in their free time	No more than 17.5 hours	Part 2 of Article 92
Other employees aged 16 to 18	No more than 35 hours	Part 1 of Article 92
Disabled people of I or II group	No more than 35 hours	Part 1 of Article 92
Workers engaged in work with harmful and (or) dangerous working conditions	No more than 36 hours	Part 1 of Article 92
Women working in the Far North and equivalent areas	36 hours (unless a shorter workweek is provided for by federal laws)	Article 320
Teaching staff	No more than 36 hours	Article 333
Medical workers	No more than 39 hours	Article 350

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 these works may be determined by a collective agreement or a local normative act. This is stated in part 4 of article 96 of the Labor Code.

Who shouldn't work at night

As with other work in conditions that deviate from normal, certain categories of workers cannot be involved in night work.

So, pregnant women and persons under the age of 18 are not allowed to work at night (part 5 of article 96 of the Labor Code of the Russian Federation). However, there is an exception to this rule. Underage workers can be involved in work at night if they participate in the creation or performance of works of art, as well as underage athletes whose labor function is to prepare and participate in sports competitions in certain types or sports (part 3 of article 348.8 of the Labor Code RF). The labor activity of athletes at night is regulated by a collective or labor agreement or other local regulations.

Who can be involved in night shift work only with written consent

Part 5 of Article 96 of the Labor Code of the Russian Federation separately identifies categories of workers whom the employer has the right to involve in work at night only with their written consent. Let's call them:

women with children under the age of three;
fathers raising children under the age of three without a mother;
disabled people;
workers 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 five without a spouse;
guardians of children under the age of five.

Such an employee can be allowed to work at night not only with his written consent, but also with a medical certificate confirming that this work is not prohibited to him for health reasons. In addition, the employer is obliged to inform the said employees in writing of their right to refuse to work at night.

How to pay for night shift work

The rules for paying for work at night are established in article 154 of the Labor Code of the Russian Federation. Each hour of such work is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by labor legislation and other normative legal acts containing labor law norms.

Violation of labor legislation entails the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles, on legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation)

The specific size of the increase in wages for work at night is determined in the labor, collective agreement, local regulatory act - order, order of the head, regulation on wages, etc. When accepting such a local document, the employer is obliged to take into account the opinion of the representative body of workers (primary trade union organization) . The procedure for taking into account such an opinion is regulated by Article 372 of the Labor Code of the Russian Federation.

However, payment for night shift work should not be less than the minimum amount established by the Government of the Russian Federation (part 2 of article 154 of the Labor Code of the Russian Federation). The corresponding Decree of the Government of the Russian Federation No. 554 dated July 22, 2008 (hereinafter referred to as Decree No. 554) came into force on August 7, 2008. Starting from this date, the minimum wage increase for night work (from 10 pm to 6 am) is 20% of the salary (official salary) calculated per hour of work, or 20% of the hourly wage rate for each hour of night work.

Until August 7, 2008, the minimum amount of additional payment for work on the night shift was not clearly defined. Only sectoral documents adopted during the existence of the USSR were in force. For example, in organizations of industry, construction, transport, communications and in the processing industries of the agro-industrial complex, an additional payment for working on a night shift was set at a rate of 40% of the hourly wage rate (official salary) for each hour of work in the corresponding shift. At trade and public catering enterprises, the amount of this additional payment was 35% of the hourly tariff rate or salary.

So, those organizations and individual entrepreneurs who previously paid less than 20% of the hourly rate for each hour for night work are required to increase the amount of additional payments. Otherwise, the labor inspectorate may bring them to administrative responsibility.

Since Decree No. 554 stipulates only the minimum amount of increased pay, the employer has the right to establish a higher supplement for night work. Its size may, for example, be 25% or 40% of the hourly rate.

How is the work of creative workers on the night shift regulated?

The procedure for night shift work of creative workers participating in the creation or performance (exhibition) of works may be established by a collective agreement, a local normative act, an employment contract. This is indicated in part 6 of article 96 of the Labor Code of the Russian Federation. This rule applies to employees:

mass media;
cinematography organizations;
TV and video crews;
theaters, theater and concert organizations, circuses;
other persons involved in the creation or performance (exhibition) of works.

In this case, the profession or position of the employee must be indicated in the List of professions and positions of creative workers, approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

Please note: for night work, the employee is entitled to an additional payment to salary or earnings, and not an increase in salary by 20% or another amount accepted by the company. The fact is that Article 154 of the Labor Code of the Russian Federation provides for the obligation of the employer to pay an increased amount for every hour actually worked at night.

Example 1

Grocery store LLC "Ryabinushka" is open around the clock. In the regulation on remuneration in the organization, which has been in force since 2005, it is established that sellers and cashiers for each hour of work at night are additionally paid an allowance of 10% of the hourly tariff rate. In connection with the entry into force of Decree No. 554, from August 7, 2008, the amount of payment for night work was increased in the organization. Now 20% of the hourly wage rate is paid for such work. In Ryabinushka LLC, cashiers have a summarized accounting of working hours. The hourly rate of a cashier is 150 rubles.

In August 2008, the store's cashier N.I. Vakhrusheva worked 168 hours, including 56 hours at night. Of these, 12 hours were worked until August 7, 2008.

For work at night, the employee is accrued:

In total for August 2008 N.I. Vakhrusheva is entitled to 26,700 rubles. (168 hours × 150 rubles + 180 rubles + 1320 rubles).

What documents to issue

Shift work is work in two, three or four shifts (part 1 of article 103 of the Labor Code of the Russian Federation)

In organizations working in several shifts, it is necessary to draw up shift schedules. They, as a rule, are an annex to the collective agreement. When drawing up shift schedules, the employer is obliged to take into account the opinion of the representative body of employees.

Work for two shifts in a row is prohibited (part 5 of article 103 of the Labor Code of the Russian Federation).

In accordance with Article 103 of the Labor Code of the Russian Federation, shift work is introduced in two cases. Firstly, when the duration of the production process exceeds the allowable duration of daily work. Secondly, if the organization's activities are not interrupted in order to more efficiently use equipment, increase the volume of products or services provided.

During shift work, each group of workers performs their duties during the established working hours in accordance with the shift schedule (part 2 of article 103 of the Labor Code of the Russian Federation).

The duration of a weekly uninterrupted rest cannot be less than 42 hours (Article 110 of the Labor Code of the Russian Federation).

The shift schedule must be brought to the attention of employees no later than one month before its entry into force (part 4 of article 103 of the Labor Code of the Russian Federation). This document is mandatory for both employees and the employer. An employee who has read and agreed with the shift schedule cannot change the sequence of shifts provided for in it without additional agreement with the immediate supervisor. The employer, in turn, has no right to call the employee to work outside the schedule, with the exception of emergency and emergency situations.

A unified form of shift work schedule has not been approved. Therefore, the organization develops such a schedule on its own. It can be based on a time sheet (form No. T-12 or T-13). It should be supplemented with two columns designed to familiarize each employee with the shift schedule. In one of them, employees will put the date of familiarization, in the other - their signature.

To reflect in the time sheet the duration of work during the day, the letter code I or the numeric 01 is used, the duration of work at night is indicated by the code H or 02

As already noted, certain categories of workers named in Part 5 of Article 96 of the Labor Code of the Russian Federation can be recruited to work at night only with their written consent. In addition, they have the right to refuse the specified work. This means that the employer must obtain the written consent of such employees to work on the night shift, and also inform them against signature that they have the right to refuse this work. This requirement applies in particular to persons with disabilities and women with children under the age of three.

Suppose an employee was initially hired to work in shifts or to work exclusively at night (for example, as a night watchman). Then the documents regulating his relationship with the employer are an employment contract and a shift schedule.

If an employee works during the day, but due to emergency circumstances it became necessary to involve him in night shift work, it is advisable to obtain the written consent of this employee for such work. Since each hour of night work is paid at an increased rate, the employer must organize accurate records of hours worked. For this, standardized forms are used. time sheet(Form No. T-12 or T-13).

How to reflect in tax accounting

The internal labor regulations are a local normative act that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, as well as other issues of regulating labor relations with a given employer (Article 189 of the Labor Code of the Russian Federation)

Surcharges for night work are included in labor costs that reduce taxable income. The fact is that these payments are specified in paragraph 3 of Article 255 of the Tax Code of the Russian Federation. In accordance with the above paragraph, labor costs, in particular, include allowances for tariff rates and salaries for night work, made in accordance with the legislation of the Russian Federation.

Decree No. 554 establishes only the minimum amount of additional payment for each hour of work at night - at least 20% of the hourly wage rate or official salary calculated per hour of work.

Consequently, employers who make additional payments in a larger amount are entitled to include in expenses that reduce taxable income the amounts actually accrued. To do this, the amount of increased pay must be prescribed in the labor (collective) agreement or local regulatory act, for example, in the internal labor regulations, the regulation on remuneration or a separate regulation on remuneration in conditions that deviate from normal.

Suppose the amount of additional payment for work at night is set in the regulation on wages in force in the organization. Then, in employment contracts with employees, it is enough to make a reference to this provision.

Example 2

In CJSC "Kiparis" warehouse watchmen work around the clock in two shifts: from 7.00 to 19.00 and from 19.00 to 7.00. The official salary of a watchman is 17,600 rubles. per month. In the regulation on remuneration in CJSC "Kiparis" it is established that for each hour of work at night, in addition to the official salary, 30% of the employee's hourly wage rate is paid.

In September 2008, the warehouse watchman O.A. Gavrilov worked at night (from 22.00 to 6.00) 63 hours, the rest of the time - 105 hours. The norm of working hours this month is 176 hours.

The watchman's hourly rate in September 2008 was 100 rubles. (17,600 rubles: 176 hours). For work at night O.A. Gavrilov received an additional payment of 1,890 rubles. (100 rubles × 63 hours × 30%).

In total, in September 2008, the employee was paid wages in the amount of 18,690 rubles. . In September 2008, when calculating income tax, CJSC Kiparis included this amount in labor costs.

Suppose a company pays employees for every hour worked at night at 50% of the hourly wage rate. However, she did not reflect the specific amount of the additional payment either in employment contracts or in any local regulatory act. In this case, starting from August 7, 2008, she is entitled to include in expenses that reduce taxable income, a surcharge in the amount of only 20% of the hourly tariff rate. The rest of the amount is not taken into account for income tax purposes.

Example 3

The guards of the parking lot of LLC "Kashtan" work in shifts. On the oral order of the head of the organization for work at night (from 22.00 to 6.00), security guards are paid an allowance in the amount of 40% of the hourly wage rate. Its payment is not spelled out in employment contracts, and there is no provision on remuneration in the organization.

In September 2008, parking lot guard V.E. Smirnitsky worked 172 hours, including 80 hours at night. The hourly rate of a security guard is 120 rubles.

In September 2008, V.E. Smirnitsky for work at night is entitled to an allowance in the amount of 3840 rubles. (120 rubles × 80 hours × 40%). In total for this month, he received a salary of 24,480 rubles. (120 rubles × 172 hours + 3840 rubles).

Since the additional payment for night work in the amount of 40% is not fixed in the labor (collective) agreement or local regulatory document, when calculating income tax, Kashtan LLC includes an allowance in labor costs that does not exceed 20% of the hourly tariff rate. That is, in September the company takes into account only 22,560 rubles in expenses that reduce taxable profit. (120 rubles × 172 hours + 120 rubles × 80 hours × 20%). The additional payment accrued to the employee is 1920 rubles. (RUB 24,480 -RUB 22,560) is not recognized for income tax purposes.

What payroll taxes to charge

Compensations are monetary payments established in order to reimburse employees for the costs associated with the performance of their labor or other duties provided for by the Labor Code and other federal laws (Article 164 of the Labor Code of the Russian Federation)

Unified social tax payments and other remuneration accrued in favor of individuals under labor, copyright contracts, as well as civil law contracts, the subject of which is the performance of work or the provision of services, are subject to taxation. This is indicated in paragraph 1 of Article 236 of the Tax Code of the Russian Federation. In accordance with paragraph 3 of the said article, these payments and remunerations (regardless of the form in which they are made) are not subject to UST, if taxpaying organizations do not classify such payments as expenses that reduce taxable profit in the current reporting (tax) period.

It is not necessary to pay UST from the payments listed in Article 238 of the Tax Code of the Russian Federation, including from all types of compensation established by the legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of representative bodies of local self-government (within the limits determined in accordance with the legislation of the Russian Federation) related to the implementation individual labor duties.

However, the increased night work payment is not a compensatory payment. After all, it does not meet the definition of compensation given in Article 164 of the Labor Code of the Russian Federation. Thus, extra payments for night shift work are subject to UST along with other accruals under employment contracts.

Tax agents for personal income tax are Russian organizations, individual entrepreneurs, notaries engaged in private practice, lawyers who have established lawyer offices, separate divisions of foreign organizations in the Russian Federation, from which or as a result of relations with which the taxpayer received income (Article 226 of the Tax Code of the Russian Federation)

Moreover, the UST tax base also includes allowances for night work in an amount exceeding 20% of the hourly wage rate or official salary calculated per hour of work. The main thing is that these surcharges should be established in the manner prescribed in part 3 of article 154 of the Labor Code of the Russian Federation. That is, they must be spelled out in an employment or collective agreement or in a local regulatory document.

If the amount of the surcharge is not specified in these documents, from August 7, 2008, the employer will charge UST only for bonuses in the amount of 20% of the hourly wage rate. The remaining amount of the surcharge is not subject to UST, since it cannot be taken into account in expenses when calculating corporate income tax. The basis is paragraph 3 of Article 236 of the Tax Code of the Russian Federation.

Objects of taxation of UST and insurance premiums for compulsory pension insurance match. This is established in paragraph 2 of Article 10 of the Federal Law of December 15, 2001 No. 167-FZ. Consequently, insurance premiums to the Pension Fund for the amount of additional payments for night work are accrued according to the same rules as the UST.

Injury insurance premiums wages of employees accrued for all reasons are subject to taxation. This is stated in paragraph 3 of the Rules for the calculation, accounting and spending of funds for the implementation of compulsory social insurance against accidents at work and occupational diseases. The specified contributions are not subject to those types of payments that are named in the List of payments for which insurance premiums are not charged to the FSS of Russia. Surcharges for night work are not included in this list. This means that for any amount of allowances for work at night (including in the amount of more than 20% of the hourly wage rate), it is necessary to accrue insurance premiums for injuries.

When determining the tax base for personal income tax all incomes of the taxpayer received by him both in cash and in kind, or the right to dispose of which he has arisen, as well as income in the form of material benefits (clause 1 of article 210 of the Tax Code of the Russian Federation) are taken into account. At the same time, the tax base does not include those types of income that are not subject to taxation and are listed in Article 217 of the Tax Code. So, compensation payments established by the current legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of representative bodies of local self-government (within the limits established in accordance with the legislation of the Russian Federation) are not subject to personal income tax. As already noted, higher wages at night are not compensation. Therefore, such surcharges are subject to personal income tax in the generally established manner.

Suppose a part of the allowance for night work (in an amount exceeding 20% of the hourly tariff rate) was not included in expenses that reduce the tax base for income tax, and UST was not charged on it, since the full amount of this surcharge was not prescribed in a labor (collective) agreement or a local regulatory act. Despite this, personal income tax must be paid on the entire amount of increased payment for night work.

An employer paying wages to an individual must fulfill the duties of a tax agent, that is, calculate personal income tax, withhold it from the employee and pay it to the budget. This is the requirement of paragraph 1 of Article 226 of the Tax Code.

Example 4

Let's use the condition of example 2. Let's calculate the salary taxes that the organization must pay from the salary of O.A. Gavrilova (born in 1952). The rate of insurance premiums for injuries, established by ZAO Kiparis, is 0.2%. For the amount of additional payment for night work, the organization accrues UST, insurance premiums to the Pension Fund and for injuries. UST from the salary of O.A. Gavrilov for September 2008 amounted to:

to the federal budget - 3738 rubles. (18,690 rubles × 20%);
FSS of Russia - 542.01 rubles. (18,690 rubles × 2.9%);
FFOMS - 205.59 rubles. (18,690 rubles × 1.1%);
TFOMS - 373.8 rubles. (18,690 rubles × 2%).

In total, UST was accrued in the amount of 4859.4 rubles. (3738 rubles + 542.01 rubles + 205.59 rubles + 373.8 rubles).

From the salary of O.A. Gavrilov's company pays contributions to the PFR to finance only the insurance part of the labor pension. In September 2008, it pays 2616.6 rubles from the employee's salary. (18,690 rubles × 14%) as insurance contributions to the FIU.

The UST payable to the federal budget is reduced by the organization by the amount of insurance premiums accrued to the Pension Fund for the same period. That is, it is obliged to transfer 1,121.4 rubles to the federal budget. (3738 rubles - 2616.6 rubles).

from the salary of O.A. Gavrilov for September 2008 amounted to 37.38 rubles. (18,690 rubles - 0.2%).

From the salary of O.A. Gavrilov this month the company holds personal income tax in the amount of 2430 rubles. (18,690 rubles × 13%).

Example 5

Let's use the condition of example 3. Let's say that in 2008 LLC "Kashtan" set the rate of insurance premiums for injuries - 0.4%.

The 40% allowance for night work paid to the employees of the organization is not fixed either in the labor (collective) agreement or in the local regulatory document. Therefore, the company accrues UST and insurance premiums to the Pension Fund only for that part of the surcharge that does not exceed 20% of the hourly tariff rate. After all, the rest of the surcharge does not apply to expenses that reduce taxable income.

The organization calculated the UST from the salary of V.E. Smirnitsky for September 2008 in this way:

to the federal budget - 4512 rubles. (22,560 rubles × 20%);
FSS of Russia - 654.24 rubles. (22,560 rubles × 2.9%);
FFOMS - 248.16 rubles. (22,560 rubles × 1.1%);
TFOMS - 451.2 rubles. (22,560 rubles × 2%).
In total, UST was accrued in the amount of 5865.6 rubles. (4512 rubles + 654.24 rubles + 248.16 rubles + 451.2 rubles).

Insurance contributions to the Pension Fund from the employee's salary amounted to 3158.4 rubles. (22,560 rubles × 14%). Since the UST payable to the federal budget is reduced by the amount of insurance premiums accrued to the Pension Fund for the same period, the organization will transfer 1353.6 rubles to the federal budget. (4512 rubles - 3158.4 rubles).

Injury insurance premiums are paid from the amount of wages accrued for all reasons. This means that in September 2008 the company will accrue 97.92 rubles. (24,480 rubles × 0.4%).

to the tax base personal income tax the organization will also include the entire amount of wages of V.E. Smirnitsky, that is, 24,480 rubles. From the salary for this month, Kashtan LLC will withhold a tax in the amount of 3182 rubles. (24,480 rubles × 13%)

Often, business leaders in pursuit of super-profits decide to establish continuous production. In some cases, such a mode of operation is not due to the desire of the management, but to the peculiarities of the technological process of manufacturing products (when a stop will lead to damage to the entire batch). A natural consequence of this is the exit of part of the employees to perform their duties at night. However, the conditions of such work should differ from the standard regime, and labor payments are made in a larger amount. The first related problem that arises is what time is considered night time according to the Labor Code.

The concept of work at night is considered by the Labor Code as the performance of the direct duties of employees from 10 pm to 6 am. The basic provisions of working conditions at night are reflected in article 96. In the event that a person was hired to work precisely during this period, then the provisions of the code do not apply to him. Sometimes entrepreneurs try to independently determine the working conditions in the dark, drawing up internal acts and regulations. But each such document must be compiled on the basis of the original source - Article 96 of the Labor Code of the Russian Federation with comments. If there is at least one contradiction between the two norms, the internal act is recognized as invalid.

Because sleep deprivation is detrimental to health, the law prohibits this type of work for pregnant women and underage employees. If such facts are revealed, serious fines and other sanctions are imposed on the management of the organization.

According to the labor code, individual citizens are allowed to work in night shifts only with their consent to:

parents with dependent children under 14 years of age and raising them alone;
parents of disabled people;
mothers of young children;
employees who have a restriction on this type of work due to medical contraindications.

Theoretically, they can be involved in such work, but for this you need to obtain their written consent each time. There is no single unified form for such a document, so employers often use their own night shift agreement forms for this. It is also allowed to write it in any format.

If there are contraindications for working at night, the subordinate may not report this to his superiors. And the employer, for its part, has no right to demand a medical report. But in case of deterioration of the employee's well-being during the performance of his duties, the employer is not responsible for this.

Although working at night causes some harm to health and sometimes causes psychological problems (stress, detachment, depression), workers have their own advantages of night shifts:

reduction of actual work time;
average salary increase from 20 to 50%;
additional time off;
unoccupied daytime and evening hours;
often more lenient requirements of the employer.

The task of a competent leader is to ensure the preponderance of the positive aspects of work in atypical conditions.

Night work is defined in labor law as work in difficult conditions. In this regard, when assigning a round-the-clock operation, one should adhere to the legal framework. When drawing up work schedules, it is necessary to take into account the individual workload of each employee and avoid overtime. Therefore, at the stage of planning the schedule, the presence of representatives of the trade union is mandatory. State regulations forbid immediately after night work to go to the day shift without rest. In addition, the authorities are obliged to inform subordinates about the upcoming work schedule at least one month in advance. To reduce the negative impact of working at a time unusual for the human body, it is necessary to draw up a schedule in such a way that each employee has the opportunity to alternate work at different times of the day.

In 2019, a standard is in force on the territory of Russia, according to which the interval of the night shift must be 1 hour less than the day shift, with a rest break.

But there are exceptions to this rule:

if a citizen works under the conditions of a shortened working week, then the period of his night work may be equal to the day shift;
the impossibility of reducing the shift time due to the peculiarities of the production process;
the work of the employee exclusively at night, prescribed in the employment contract;
shift work with a 6-day work week.

If an employee works 6 days a week every day, then the duration of his night duty cannot exceed 5 hours.

It should be noted that with a decrease in the duration of work at night, the employer does not have the right to demand subsequent working off of the cut hours. As a result, the total working time of the employee will be significantly less than he would have worked only on the day shift.

The Labor Code (Labor Code) does not apply to cultural workers. In connection with the specifics of employment, the procedure for their labor activity is regulated by internal acts.

The employer has the right to assign a partial night shift. In this mode, the employee will not work all night, but, for example, from 7 pm to 3 am. The same requirements apply to him as to the standard night shift. However, a shift worker who starts at 3 a.m. will have to work on standard day shift conditions.

The procedure for selecting employees for night work:

If the employee is already working in the organization, then he is introduced to the work schedule 1 calendar month before they begin. It is also necessary to enlist his signature on the document - consent, in which it is clearly stated that the employee has familiarized himself with the upcoming mode of work and has reason to refuse it.
In the case of attracting a new employee, the fact of the presence of night shifts is prescribed in the employment contract (section of the daily routine) or in the attached supplementary agreement.
When hiring personnel exclusively for night shift work, appropriate applications for admission must be submitted. The state has not developed standard forms for such papers. Therefore, the preparation of the necessary templates is in the competence of the personnel department of the enterprise.

The employer, for its part, may ask the employee to confirm the absence of health problems. However, he is not required to provide such information. The employer cannot force him.

In some cases, the manager has the right to involve ordinary employees in overtime performance of their duties.

Such situations include:

unplanned delay in carrying out the work assigned to the employee, in order to avoid the risk of damage to products, property of the organization or third parties;
failure in the performance of work of national importance;
stopping work can harm people's health;
carrying out urgent repairs to eliminate the threat of disruption of the production process;
the need to replace a production line employee who is absent from the workplace for unknown reasons.

The duration of overtime work cannot be set for more than 4 hours per day (in total, no more than 5 days per year).

In addition to the above conditions, personnel are involved in additional work in cases of emergencies, cataclysms, industrial accidents that pose a threat to the population. An increase in the length of the working day also occurs if it is necessary to eliminate the consequences of catastrophes and natural disasters, including for the restoration of heat and gas supply, as well as the provision of the population with water, electricity and the restoration of transport links.

In such critical force majeure circumstances, no temporary restriction on the employee's stay at the workplace has been established.

Every employee who performs overtime work must know how night hours are paid according to the labor code. Article 154 serves as the main regulation, according to which the calculation of payment for night work should be carried out taking into account multiplying coefficients. For one night shift, the employer must pay more than for work in normal conditions. The Government of the Russian Federation, with the participation of a tripartite commission, has established the minimum value of the surcharge indicator. It is 20% of the salary calculated for each hour of work. For example, if the daily salary is 200 rubles per hour, then, taking into account the increased coefficient, it will be 240 rubles.

The head of the enterprise has the right to assign a different value of the indicator, based on his own financial capabilities. However, its value should not be less than 20%.

100% salary for ambulance workers;
50% of the daily wage rate for medical workers;
35% of the salary of military personnel, firefighters, watchmen and employees of the penitentiary services.

This calculation system was inherited from the USSR, since Russian legislation did not correct the issue of paying personnel for work in adverse conditions. Thus, the amount of daily payment for night hours is determined by: a legislative standard, an employment contract or other local official paper.

Additional payments are due both to those who work overtime constantly and on a one-time basis.

To determine the amount due to the employee, it is necessary to calculate the payment for one hour of his work.

This can be done in two ways:

It is applied when paying the average monthly salary. To do this, the employee's salary is divided by the number of hours actually worked for a particular month.
Applies to one day wages. In this case, the daily rate is divided by the number of hours of one shift.

The use of a monthly salary as a form of calculation with an employee who periodically works on night shifts is incorrect. With such a payment system, he does not receive part of the payments due to him.

The procedure for correctly determining the payment for work on a night shift consists of a number of steps:

according to the information contained in the accounting sheet, the number of night hours worked upon is determined;
the amount of hourly wages is calculated;
the value of night earnings is considered, taking into account the necessary multiplying factor;
nightly payment is summed up with daytime payment and transferred to the employee.

If the night work also fell on a holiday, then this fact is also taken into account when paying. But this happens only if the schedule of the employee's duties is not sliding. The employer can use other bonuses and incentives along with the increasing coefficient to compensate employees for uncomfortable working conditions.

According to statistics, the heads of organizations apply a bonus in the amount of 20% to 40% of the daily salary. Sometimes industry agreements serve as the basis for receiving a surcharge. As a rule, they are used in cases where the financial benefit of the employee is obvious. Otherwise, all allowances are calculated based on the terms of the employment contract.

The manager is quite capable of ensuring the normal round-the-clock functioning of the enterprise. However, you should not only adhere to the norms established by the state, but also independently encourage employees for hard work at night. This will make it possible to exclude as much as possible the possibility of complaints to higher authorities and increase the return of each employee.

Working at night has certain restrictions.

First of all, this concerns the time frame, as well as the impossibility of attracting certain categories of employees to work during this period. The provisions enshrined in Articles 154 and 96 of the Labor Code of the Russian Federation are regulated at night. However, Article 154 raises many questions, and its implementation is often checked by the labor commission, since no one is immune from violations.

In the Russian Federation, according to the labor code, night time is the period from 22 pm to 6 am the next day. At this time, it is officially forbidden to listen to loud music, make repairs, etc. Work during this period of the day refers to. In some organizations, where the shift lasts until 11 pm, employers often neglect their obligations and do not pay the hour worked at an increased rate. This should not be so, even the interval from 22 to 23 hours must be paid in accordance with the provisions enshrined in Article 154 of the Labor Code of the Russian Federation.

Who should not work at night?

In accordance with the law, work at night is considered unfavorable. Consequently, there are certain categories of citizens who are prohibited by law from working during this period, or for such work the official consent of the employee is required. At the legislative level, night work is prohibited:

pregnant women;
employees who.

An exception may be activities related to the creation of works of art.

Who can be involved in night work only with consent?

The list of categories of citizens who need protection does not end there. The legislation singles out one more category of employees, who can be involved in night work only with their written consent. In addition, workers in this category should be aware that they have the right to refuse such work.

This list includes:

disabled people;
employees who;
workers raising babies under the age of 5 years;
workers who care for the sick.

Payroll at night

This issue is regulated by law, and specifically by Articles 154 and 96 of the Labor Code of the Russian Federation, and has its own characteristics. There are main ways that determine the increased wage rate:

In accordance with the law, wages at night are regulated by the Labor Code of the Russian Federation. The provisions of Article 154 of the Labor Code of the Russian Federation stipulate that the minimum surcharge should be 20% of the salary. Previously, prior to the adoption of a government decree, such a minimum rate was 40%. This amount of payment may vary, but only in accordance with regulatory legal acts. In general, the amount of payments depends solely on the organization, but a minimum of 20% must be paid in any case.
The amounts of additional payments for night time are determined mainly by the employment contract or other internal documents of the organization. This can be either a one-time order or a prescribed item in a labor or.

Such conditions are most often found in companies where the specifics of the activity imply a shift work schedule.

Art. 96 of the Labor Code of the Russian Federation establishes a provision that says: work during the night period should be one hour less than the same work during the day shift.

The same applies to public holidays. The reduction of the working shift is obligatory and fixed at the legislative level. Derogation from the established provisions is possible only in the following cases:

If the employees are working.
Reducing shift hours is not possible due to certain features of the work of the organization. These may be specific working and production conditions.

Certain types of activities, for example, security, involve working at night on an ongoing basis. In order to save management from unnecessary numbers and calculations, an employee is initially charged 20% or more. Thus, for employees who work regularly at night, the salary increases automatically.

Often, medical workers also work on the night shift. Working in the healthcare sector has its own characteristics. At the legislative level, provisions are fixed that for medical workers an additional payment of 50% of the salary is made. Ambulance workers receive a surcharge of 100%. However, the amount of payments still depends on the solvency of a particular medical institution. However, a minimum rate of 50% must be paid in any case.

Mandatory night work allowance for other categories of employees cannot fall below the minimum threshold of 20%, however, higher rates are also set for certain types of activities. These categories include:

Military, fire and guard protection - 35%.
Employees of housing and communal services and public services - 35%.
Employees of the immigration control post - 35%.
Railway service workers - 40%.
Employees of educational institutions, as well as workers in the field of healthcare, culture and social protection - 35%.

The manager is assigned the responsibility, which consists in monitoring and accounting for night shifts and overtime in order to pay full wages on time. Some managers neglect this rule.

If an employee notices non-compliance with the provisions of the articles, he has every right to file a complaint.

At the moment, the labor inspectorate conducts special control, because the number of violations exceeds the norm. Employees are not aware of their rights, and employers are trying to hide from their responsibilities. Many employees prefer to work in the second half of the day, as wages can differ significantly from the same salary for the day shift. However, it is always worth remembering your rights and obligations, any work must be adequately paid and not cause serious harm to human health.

Working conditions at night

Before engaging an employee to work at night, the legislation obliges the employer to obtain written consent from the employee. With employees for whom it is permanent at night, clauses on night shifts are negotiated and fixed in the employment contract. An order is issued for one-time work.

Working at night directly for employees has both positive and negative aspects. The main positives include:

the possibility of obtaining high wages;
enough time for other, "day" affairs;
low, and in some cases a complete lack of management control.

The main disadvantages of employees working on night shifts include:

lack of a full day regimen and, as a result, healthy sleep;
inability to communicate with family, friends due to differences in work schedules;
if work at night is heavy, then the weekend is usually spent on recuperation, and, consequently, there will be virtually no free time;
it is quite difficult to adjust the body to an unstable schedule;
lack of communication as such with colleagues, clients, and so on.

This list is general, because each organization, each work has its own characteristics.

How the Labor Code of the Russian Federation determines night work

To get answers on questions related to labor rights, of course, you should refer to the Labor Code of the Russian Federation (Labor Code of the Russian Federation). Here are collected the fundamental rules that describe, in particular, the features of working at night. And first of all, Art. 96 of the Labor Code of the Russian Federation gives a definition of what exactly labor law refers to the concept of "night time".

This is the period from 22:00 to 06:00. Such duration is clearly defined by law and does not allow any ambiguous interpretation. It is this time period that is taken into account, for example, when the surcharge for night work is determined. In other words, any work shift that starts after 10 pm already belongs to the night shift.

Application features

It is clear that working at night does not have the best effect on human health. The body's natural functioning is disrupted. And the law takes this into account.

The regulatory framework regulates for any night shift a shortened duration in comparison with similar work during the day. It is shorter by one hour.

So, if the duration of a shift in a workshop is determined at eight hours during the day, then at night in the same workshop it is enough for personnel of the same specialty to work seven hours. Consequently, the length of the working week is also reduced.

However, there are certain features of the application of this rule. The Code regulates that the application of other norms of the duration of the working week is also allowed. They depend on the working conditions of the employee and the type of his activity. Among such exceptions are:

Staff, and without it working on a reduced schedule. This applies, for example, to miners who in any case have shifts lasting no more than six hours. The night shift for them will be the same time, it is not reduced. It is recommended that such a condition be included in the provisions of the employment contract in advance.
Personnel initially hired by the company to operate only on night shifts. The conditions of his work, including the duration of night shifts, are also reflected in the employment contract.
Personnel who work 6 days a week. For such employees, the shift at night cannot be more than 5 hours.
Representatives of creative professions when working in theaters, film crews of filmmakers, circuses, the media, etc. They are expected to have a special procedure for working on night shifts. It is usually introduced by local regulations, labor contracts, collective agreements.

However, for all these categories of personnel, the administration has the right to establish a different duration of shifts at night. The main thing is that it cannot be more than the restriction imposed by the TC. But the legislator does not prohibit introducing a shorter work schedule for them at night based on the company's local regulatory documents. It is important that further working off of the withdrawn working time is not required.

Who is not allowed to work at night

However, there are categories of citizens whom the law expressly prohibits sending to the workplace at night. This is due to concern for their health, since such a shift in the work schedule has an obvious negative impact. The ban (Article 96 of the Labor Code of the Russian Federation) applies to:

minors.

An exception to this strict prohibition may again be representatives of creative professions. But at the same time, all working conditions in any case should be prescribed in local regulations and be based on the norms of federal laws, as well as tripartite commissions for the regulation of social and labor relations. In addition, a special work schedule should be prescribed directly in the employment contracts of such creative employees.

The Labor Code of the Russian Federation also provides for a circle of persons for whom, in relation to night shifts, not direct prohibitions are introduced, but some restrictions.

The list of such people is spelled out clearly and does not imply an extended interpretation. Among them:

disabled people;
parents raising children with disabilities;
mothers whose children have not yet reached the age of three;
employees who have to care for disabled relatives or seriously ill family members;
parents and guardians who are single-handedly raising children less than five years of age.

All of these persons may be assigned to work on the night shift. However, the employer has the right to do this only on condition that written consent has been obtained from citizens. Moreover, when hiring, a potential employee belonging to one of these categories has the right to declare in advance that, for objective reasons, he refuses to work at night.

Overtime work at night

The Labor Code of the Russian Federation gives the employer the right to involve personnel in labor activities in excess of the working time limits established for him (Articles 97 and 99). This may be the case if, during a normal working day, it became necessary to perform an additional amount of work. Or a citizen initially works according to the schedule of an irregular working day.

The category of overtime includes the work that is performed outside the norm established for the daily working day (or shift). This also applies to the work that is done in excess of the established total number of working hours during the accounting period (week, month). Such overtime work may fall, including during the night.

When is night overtime allowed?

As a rule, this is carried out at the initiative of the administration. However, this is possible only with the consent of the employee himself, which is expressed in writing. When working beyond the standard time at the initiative of the employee, this is not considered overtime.

And overnight overtime is possible for a variety of reasons. For example:

work cannot be left unfinished, as this will cause harm to people or property;
long downtime of the equipment and subsequent losses should be avoided, and therefore, it should be repaired as soon as possible;
the employee is forced to stay for overtime due to the non-appearance of the shift.

Situations can be very different. They require an individual approach from the employer. The main thing at the same time is to remain within the framework of the current legislation.

In addition, there are cases when staff can be involved in overtime even without their written consent. This happens, for example, when eliminating the consequences of natural disasters or man-made disasters, to restore the operation of utility systems, to prevent emergencies, etc. In any case, we are talking about some kind of emergency critical situations.

Rules for registration and payment of night overtime

The Labor Code of the Russian Federation establishes the duration of permissible work. For two working days in a row, one employee must not work overtime for a total of more than four hours. In general, the period of overtime work permitted by law may not exceed 120 hours per year.

Regulatory authorities strictly apply this rule. In addition, the payment of such working hours has a certain order. All this forces the employer to provide accurate accounting. Involving an employee in overtime is issued by order of the head. If there is a trade union organization at the enterprise, it is also necessary to take into account the opinion of its elected body. If this does not happen, the trade union has the right to appeal the relevant order to the labor inspectorate or to the court.

Upon receipt of the written consent of the employee and the trade union, an appropriate order is issued. Make the necessary notes in the time sheet. Strict accounting is necessary for the correct calculation of payment.

The law establishes a minimum limit for the surcharge. Provisions may be made that determine a different, higher, amount of payment. By default, for the first two hours of working time, wages are set at 1.5 times the standard daily rate. When working in the following hours, the payment is doubled compared to the daytime.

Paying overtime at night has its own characteristics

The employee is also entitled to receive time off for overtime. In this situation, he still receives payment for the work - at a single daily rate. In addition, he also receives a day off - commensurate with the number of hours worked in excess of the norm.

Separate calculation - for weekends and holidays. Its rules are spelled out in Soviet documents from 1966. However, in 2005 the Supreme Court of the Russian Federation recognized the norms contained therein as valid. This means that on such days and nights, overtime is paid at least double the amount.