As we said, for work on a holiday (day off), he is entitled to an additional payment. She also relies on work at night. Therefore, in this case, the company is obliged to charge both the first and second surcharges. Let us remind you that minimum size surcharges for night work is 20 percent of the hourly (daily) rate or salary, and work on a weekend or holiday is paid at double the rate.
Expert opinion
According to Article 149 Labor Code when performing work in conditions deviating from normal (in particular at night, on weekends and non-working holidays), the employee receives additional payments provided for by labor legislation and other regulations legal acts, containing norms labor law, collective agreement, agreements, local regulations, Amounts of payments that the collective agreement, agreements, local regulations, employment contract, cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms.
Persons whose work is paid at daily and hourly tariff rates, work on a non-working holiday is paid in the amount of at least double the daily or hourly rate tariff rate(Part 1 of Article 153 of the Labor Code of the Russian Federation).
According to part 1 of Article 96 of the Labor Code, night time is the time from 22:00 to 6:00. In accordance with Part 1 of Article 154 of the Labor Code, each hour of work at night is paid in increased size compared to work under normal conditions.
If the working hours fall on the night time of a non-working holiday, the employer is obliged to provide for work during such hours both types indicated simultaneously.
V. Penkin, expert of the Legal Consulting Service
I. Mikhailov, reviewer of the Legal Consulting Service GARANT
Example
Salyut CJSC has a five-day 40-hour work week (8 hours a day) with two days off (Saturday and Sunday). The standard working time in February of this year is 159 hours. At the same time, the company employee worked on February 23 (a non-working holiday) for 6 hours (from 00:00 to 6:00). The total number of hours worked in February is 165.
According to the regulations on wages, work on holidays is paid at double the rate, and wages for work at night increase by 20% of the hourly (daily) tariff rate.
Situation 1
Ivanov has an hourly tariff rate of 225 rubles/hour. Ivanov’s salary for February will be:
225 rub./hour × 159 hours = 35,775 rub.
225 rub./hour × 6 hours × 20% = 270 rub.
225 rub./hour × 6 hours × 2 = 2700 rub.
35,775 + 270 + 2700 = 38,745 rubles.
Situation 2
Ivanov was given a salary of 36,000 rubles. In this case, for additional payments for work in conditions deviating from normal conditions, an hourly rate is used, calculated as the ratio of salary to the number of hours according to the schedule of the corresponding month.
Ivanov's hourly rate in February will be:
36,000 rub. : 159 hours = 226.42 rubles/hour.
Surcharge for work at night (6 hours) will be:
226.42 rubles/hour × 6 hours × 20% = 272 rubles.
Payment for work on a holiday will be:
226.42 rubles/hour × 6 hours × 2 = 2717 rubles.
total amount wages Ivanova for February will be equal to:
36,000 + 272 + 2717 = 38,989 rubles.
Situation 3
Ivanov was given a salary of 36,000 rubles. At the same time, to calculate additional payments for work in conditions that deviate from normal, an hourly rate is used, calculated as the ratio of salary to the average monthly number of working hours in a year.
The average monthly number of working hours in the current year will be:
1986 h: 12 months = 165.5 hours
The hourly rate will be:
36,000 rub. : 165.5 hours = 217.52 rubles/hour.
Surcharge for work at night (6 hours) will be:
217.52 rubles/hour × 6 hours × 20% = 261 rubles.
Payment for work on a holiday will be:
217.52 rubles/hour × 6 hours × 2 = 2610 rubles.
Ivanov's total salary for February will be equal to:
36,000 + 261 + 2610 = 38,871 rub.
Based on the materials of the reference book "Salary and other payments to employees"
edited by V. Vereshchaki
Payments to employees performing their duties on a legal holiday or day off are calculated at a double rate (Article of the Labor Code of the Russian Federation). At each enterprise, regulations stipulate specific tariffs, rates and interest that are charged for work on weekends and non-working days. They should not be less than the tariffs indicated in the Labor Code of the Russian Federation.
When an employee agrees to work on his legal day off or holiday, he can take an additional day off (time off), but the non-working day worked will not be paid double.
Working conditions at night
If an employee goes on a shift at night, then, in accordance with Art. Labor Code of the Russian Federation, the employer is obliged to pay him an increased rate, but not less than an additional 20% of his salary.
Pay for night shifts should be guaranteed to be higher than pay for a standard shift under normal working conditions.
The tariffs for payments to employees for working at night are prescribed in Resolution No. dated July 22, 2008. Just like work on a day off, the performance of official duties at night is described in the regulations of the enterprise, where clearer amounts of payments are indicated together with the opinion of the trade union body.
Work at night on weekends
As mentioned earlier, for a shift worked on a day off, the employee is entitled to time off, or he is required to pay double the rate for work. For going off work night shift the surcharge increases by at least 20%. Accordingly, if an employee goes on a shift at night on his non-working day, the company is obliged to pay him double the rate + 20% of his salary for one shift.
When an employee goes on a night shift on a holiday, payment goes to special conditions non-standard work process, more details in Art. Labor Code of the Russian Federation.
The company does not have the right to set rates for night work below the above 20% above the hourly salary. In Art. The Labor Code of the Russian Federation describes the working conditions for night shifts, namely a clear schedule from 22:00 to 06:00.
So, if an employee goes on a night shift on his day off or a public holiday, he is entitled to receive double pay, namely double the rate (hourly work) and 20% of his standard salary for the shift.
On June 28, 2018, the Constitutional Court issued Resolution No. 26-P, in which it clarified the procedure for remuneration of civilian personnel of military units and organizations of the Armed Forces of the Russian Federation on weekends and holidays. Based on this resolution, Rostrud employees presented new clarifications on payment for work on weekends and holidays, as well as overtime and night work. During the consultation, we will familiarize you with the recommendations of officials, which are listed on the website https://onlineinspektsiya.rf.
Payment for work on weekends and non-working holidays
According to Art. 153 of the Labor Code of the Russian Federation, work on a day off or a non-working holiday is paid at least double the amount:
for piece workers - at no less than double piece rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.
In this case, specific amounts of payment for work on a day off or a non-working holiday can be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.
For your information: All employees are paid at an increased rate for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or holiday, the hours actually worked on that day (from 0 to 24 hours) are paid at an increased rate.
Let us remind you that according to Part 1 of Art. 129 of the Labor Code of the Russian Federation (employee remuneration) consists of:
from remuneration for labor depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed by him;
from compensation payments (additional payments and bonuses of a compensatory nature, including for work in conditions deviating from normal, special climatic conditions and in territories exposed to radioactive contamination, and other payments of a compensatory nature);
from incentive payments (additional payments and incentive allowances, bonuses and other incentive payments).
Rostrud employees base their new clarifications on payment for work on a day off or a non-working holiday on Resolution of the Constitutional Court of the Russian Federation No. 26-P.
In paragraph 3.5 of the said resolution it is noted: Art. 153 of the Labor Code of the Russian Federation, considered in the system of the current legal regulation, in itself does not imply that work on a day off or a non-working holiday performed by employees whose remuneration system, along with the tariff part, includes compensation and incentive payments, will be paid based on only one component of wages - salary (official salary), and When calculating the amount of payment for work performed on a weekend or holiday, these employees may be arbitrarily deprived of the right to receive appropriate additional payments, which leads to an unacceptable reduction in the remuneration due to them for work compared to payment for similar work performed on a regular working day.
Thus, when paying for work on a day off, the employer must take into account not only the tariff part of the salary, regional coefficients and percentage bonuses, but also compensation and incentive payments, as well as bonuses. This interpretation of Art. 153 of the Labor Code of the Russian Federation is given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P.
In addition, Rostrud noted: despite the fact that the court ruling we're talking about on civilian personnel of military units, but it is indicated that the interpretation of Art. 153 of the Labor Code of the Russian Federation is generally binding, this conclusion The Constitutional Code of the Russian Federation applies to all employers without exception.
Payment for overtime and night work
Article 152 of the Labor Code of the Russian Federation regulates wages for overtime work. It says that overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific fees for overtime work may be determined by a collective agreement, local regulation or employment contract.
For your information: at the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.
Regarding payment for night work, according to Art. 154 of the Labor Code of the Russian Federation, each hour of work at night is paid at an increased rate compared to work in normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.
For your information: Currently, the Government of the Russian Federation Resolution No. 554 of July 22, 2008 is in force, which establishes that the minimum increase in wages at night (from 10 p.m. to 6 a.m.) is 20% of the hourly tariff rate (salary (official salary) calculated per hour work) for each hour of night work.
Rostrud indicated that the approach to wages presented in Resolution No. 26-P of the Constitutional Court of the Russian Federation is the same for all workers and employers and concerns not only double pay for work on weekends and holidays, but also increased pay for overtime work and night work , since otherwise this leads to an unacceptable reduction in the remuneration due to employees for work compared to payment for similar work performed on a regular working day.
How are bonuses taken into account when paying workers on weekends and holidays?
Article 135 of the Labor Code of the Russian Federation stipulates that an employee’s salary is established by an employment contract in accordance with the employer’s remuneration systems. At the same time, remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements and agreements , local regulations in accordance with labor legislation and other regulations containing labor law norms.
Rostrud employees explained that when paying wages on a day off, the employer must take into account all bonuses. Thus, if the remuneration system and the employment contract establish monthly bonuses, the amounts of which are predetermined, they are components of the employee’s salary.
Note: does not meet these criteria, it is not possible to take it into account when calculating wages on a day off.
Thus, if the amount of the monthly bonus is known in advance, it is taken into account when paying for work on a day off. In this case, the payment period of the bonus itself does not matter. It must be charged double.
In its explanations, Rostrud noted that the employer may provide for other compensation payments, such as payment for food and travel, compensation for the cost of gasoline and car washing, financial assistance for vacation. As already mentioned, when paying for work on a day off, the employer must take into account not only the tariff part of the salary, regional coefficients and percentage bonuses, but also compensation and incentive payments, including bonuses. However, compensation for the cost of food and travel, including the cost of gasoline and car washing, financial assistance for vacation are not components of wages, do not relate to compensation and incentive payments, therefore, when calculating wages on a day off, as well as average earnings during a business trip, it is not are taken into account.
Is additional payment for work under irregular working hours taken into account when calculating wages on a weekend or holiday?
According to Art. 101 Labor Code of the Russian Federation – special regime work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is provided for by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.
Please note that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations. However, it cannot be less than three calendar days(Article 119 of the Labor Code of the Russian Federation).
At the same time, the introduction of an irregular working day for employees does not mean that they are not subject to the rules determining the start and end times of work, the procedure for recording working hours, etc. These employees are generally exempt from work on weekly rest days and holidays.
Thus, the involvement of employees who have an irregular working day to work on weekends and non-working holidays should be carried out using the provisions of Art. 113 and 153 of the Labor Code of the Russian Federation. Such clarifications are presented in the Letter of Rostrud dated 06/07/2008 No. 1316-6-1.
Labor legislation does not provide for monetary compensation (additional payment) for work on irregular working hours. However, the employer can establish such an additional payment in a collective agreement or local regulation.
So, if an organization has established an additional payment for work under irregular working hours, when paying for work on a day off or a non-working holiday, the employer must take into account not only the tariff part of the salary, but also all compensation and incentive payments, including this additional payment. This interpretation of Art. 153 of the Labor Code of the Russian Federation, given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P, applies to all employers and employees without exception.
In conclusion, we repeat that with increased wages on weekends, holidays, overtime and night work, it is necessary to take into account not only the tariff part of the salary, but also compensation and incentive payments that are included in the wage system. This procedure for paying for work on weekends had to begin to be applied from June 30, since the decisions of the Constitutional Court are final, not subject to appeal and come into force from the date of official publication (Part 1 of Article 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ , clause 4 of the Resolution of the Constitutional Court of the Russian Federation No. 26-P), and the resolution in question was published on June 29, 2018.
On many manufacturing enterprises A shift work schedule has been established, implying work not only during the day, but also at night; the most common options are such modes as “day/night/48 hours of rest” or “every day after three”. Regardless of the principle on which the regime and routine are based, the Labor Code of the Russian Federation obliges payment for work at night at an increased rate, because this is not considered work under normal conditions.
Below is an example where the employer incorrectly calculated the paid time, and the employee managed to obtain unpaid money:
Maksimenko S.A. employed at Alliance LLC as a salesperson. The organization operates around the clock, staff work schedule is day/night/48. In February work shift Maksimenko S.A. fell from 20 o'clock. 00 min. 22nd to 08:00 00 min. 23rd. The manager paid only for work time from 00 o'clock. 00 min. until 06 o'clock 00 min., i.e. only night hours. Maksimenko S.A. filed a complaint with the Trade Union, and the commission came to the conclusion that the employer violated the Labor Code norms, because Work at night and on holidays must be paid separately.
Thus, even if the employee’s shift occurs at night, and the date is a holiday, the employer must pay wages according to separate items: for night hours and for holidays.
It also happens that you have to involve employees who work on a daily daytime schedule to work at night. Most often this occurs when it is necessary to eliminate the consequences of an accident at an enterprise, take inventory, etc. To do this, the manager must issue an order to hire people to work on a day off, containing the following information:
- In this connection, employees must go to work at night or on their day off;
- Date and time when it is necessary to be present at the workplace after hours;
- An order to pay double for the required number of hours;
- Signature of the director, accountant and persons involved in overtime work at night or on weekends.
Payment on weekends at night: what does the Labor Code of the Russian Federation say?
According to the norms of the Labor Code of the Russian Federation, for night work, employers are required to pay their subordinates at least 20% of the daily salary or tariff rate. Work on holidays and weekends is paid separately at double the rate, so employees actually receive two additional payments.
If the working conditions of employees deviate from normal, i.e. they have to perform their duties at night, when calculating additional payments, they must be guided by the following standards:
- Labor Code of the Russian Federation and other acts containing labor standards, but not contradicting the Code;
- A collective agreement certified by a representative of the Trade Union organization;
- Labor agreements concluded with personnel;
- Addendums to employment contracts with employees;
- Local documents of the organization.
Payment for work at night and on holidays is regulated by different articles of the Labor Code of the Russian Federation; accordingly, employees are entitled to both types of additional payments. So, according to Art. 96 of the Labor Code of the Russian Federation, “night time” should be understood as the period from 22:00. 00 min. until 06 o'clock 00 min. For example, if an employee works from 8 p.m. 00 min. until 08 o'clock 00 min. the next day, then the time from 8 to 10 pm is paid at the usual rate, and from 22 o'clock. until 06 o'clock in the morning - double.
What specific norms of the Labor Code of the Russian Federation must be followed when calculating payment for work on holidays and at night:
- Art. 96 Labor Code of the Russian Federation;
- Art. 154 of the Labor Code of the Russian Federation on payment for night work;
- Art. 153 of the Labor Code of the Russian Federation on payment on weekends and official holidays.
The last two articles should be considered in more detail. Yes, Art. 154 of the Labor Code of the Russian Federation indicates that each hour of work outside the established schedule must be paid at an increased rate, and it cannot be lower than the monetary base regulated by legal acts. The exact amounts of remuneration for night work are established by collective agreement, taking into account the opinion of representatives of the Trade Union and can only deviate to a greater extent.
It is worth noting that, even if employees are employed on a shift schedule that involves working at night, they are still entitled to compensation for this, as well as additional payments for holidays. The only exception is the situation when, instead of cash payments, the employer provides subordinates with time off for overtime: in this case, additional payments are canceled.
Art. 153 of the Labor Code of the Russian Federation, which regulates the specifics of remuneration on weekends or holidays, obliges additional payments to be made in at least double the amount:
- For employees working at hourly or daily tariff rates - at least one daily rate in accordance with the tariff;
- For employees working on a transaction basis - a minimum of double piecework wages;
- For employees receiving a salary in accordance with their official salary - at least one hourly or daily rate in excess of the salary, provided that the work was performed within the established number of working hours according to the monthly norm. Double payment is made if processing exceeds the monthly norm.
Thus, labor legislation allows increased additional payments for overtime work, but they must be made at double the rate. It is also not prohibited by law to establish increased additional payments for work on holidays and weekends, but this must be reflected in local acts enterprises: labor or collective agreements, additional agreements to them, etc.
Payment for night hours on holidays: what is the amount of additional payments?
To understand the principle of calculating additional payments for night work, it is worth familiarizing yourself with a more detailed example:
Pavin S.Yu. works at Master LLC at an hourly rate of 300 rubles. By order of his manager, he had to go to work on January 1 (an official holiday) from 20:00. 00 min. until January 2, 06:00 00 min. Thus, he worked 8 holiday hours, which also occurred during the night time periods. The calculation will look like this:
300 (payment per hour of work) x 8 (number of hours worked) x 2 (double size) +2400 x 0.35 (surcharge coefficient) = 5,640 rubles.
What is the procedure for paying for hours worked at night on public holidays?
To attract employees to work at night or on holidays, if they do not have a shift schedule, the employer must issue a corresponding order or instruction in writing. Sometimes the consent of employees belonging to special socially protected categories is required to work outside of working hours. Which citizens are:
- Women raising children under three years of age;
- Disabled people and employees with dependent disabled children;
- Subordinates caring for elderly or sick family members;
- Employees raising a child under 5 years of age alone.
It is also worth highlighting categories of citizens who, by law, cannot be involved in labor activity at night, even with their written consent:
- Minor employees;
- Pregnant women.
Particular attention should be paid to the time sheet, because... It is on him that the correct payment for the hours worked of each employee depends. As a rule, heads of departments or personnel officers are responsible for maintaining this document, but other employees can also be appointed responsible at the direction of the manager. On days when employees worked during non-working and holiday hours, you must enter the code “03” or the letter “RV” on the timesheet, both options are considered correct.
Due to the fact that the law allows additional payments for overtime work, organizations can independently establish increased payments, which must be reflected in local regulations. If the minimum payments established by the Labor Code of the Russian Federation are not made to employees, they can contact several competent organizations:
- Trade union (if employees are members of this body);
- State Labor Protection Inspectorate;
When applying as evidence, you can use salary certificates, witness statements and other facts confirming a systematic violation labor legislation employer. Based on the results of the inspection, an order will be issued to him or judgment, on the basis of which a fine is imposed on violators, as well as an obligation to pay unpaid money for certain periods of work.
Please explain how legally I am doing: We pay the security guards at the enterprise for the hours worked and plus 20% of the salary for night hours from 18-00 to 06-00. For hours worked on holidays, double salary and plus double nightly pay 20% of salary. Is it necessary to pay for double night hours worked on a holiday? Example: Kiselev A.A. worked 186 hours in June, incl. night 80 hours On the holiday of June 12, he worked 15 hours, incl. night 2 hours. We paid: salary 5205/151*186=6411.16 rubles. for 186 hours, 5205/151*20%*80=551.52 rub. for night 80 hours. Plus for working on a holiday double pay 5205/151*15=517.05 rubles. in 15 hours and for night hours 5205/151 * 20% * 2 = 13.78 rubles. Is it necessary to pay double night hours worked on a holiday of 13.78 rubles?.
it all depends on whether work is provided on holidays according to the working time schedule or not:
If work on a holiday is carried out beyond the schedule, the additional payment is doubled;
If the schedule provides for work on holidays, you need to accrue a surcharge in a single amount.
For working on holidays;
For working at night.
Therefore, when paying for work on a holiday night, it is necessary to separately calculate each of the additional payments, and then add the resulting amounts
Thus, if an employee worked on a holiday night over schedule, he is entitled to a double additional payment for work on a holiday (15 hours), and an additional payment for night time (2 hours) in the amount of 20%.
The rationale for this position is given below in the materials of the Glavbukh System, commercial version.
1.Situation: What additional payments should be accrued to an employee who during the month had both hours of overtime work and hours of work on a day off (holiday). The employee is provided with summarized working time tracking
The answer to this question depends on whether the employee worked on weekends (holidays) according to the work schedule or over the schedule.
If work on a day off (holiday) is at the same time overtime for an employee (carried out beyond the schedule), then pay immediately for work on a day off (holiday). When calculating overtime hours for the accounting period, do not take into account work on a day off (holiday), since it is already paid double* (clause 4 of the explanation of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated August 8, 1966 No. 13/P-21, decision of the Supreme Court Russian Federation dated November 30, 2005 No. GKPI 05-1341).
If an employee worked on a day off (holiday) as part of the work schedule, then consider the following. If the schedule includes work on holidays, add both an additional payment for work on a holiday and an additional payment for overtime work (taking into account the number of overtime hours during the accounting period)*. If the work schedule includes work on Saturday (Sunday), these days will not be considered days off. Therefore, only charge extra pay for overtime work. This conclusion can be made on the basis of articles and the Labor Code of the Russian Federation and paragraph 4 of the explanation of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated August 8, 1966 No. 13/P-21.
Example of salary calculation. The employee is provided with a summarized recording of working time. He had both overtime and holiday hours during the month.
Driver of Alfa CJSC Yu.I. Kolesov, working on official passenger car manager, a summarized recording of working time has been established. The accounting period is a month. Kolesov’s salary is 20,000 rubles.
According to Kolesov’s work schedule, in June 2010 he was supposed to work 167 working hours, including 12 hours on the holiday of June 12. In fact, the employee worked 180 hours.
Since the work on the holiday was carried out according to schedule, the accountant accrued to Kolesov:
– salary for June;
– additional payment for work on a holiday (12 hours) in a single amount;*
– additional payment for overtime work (180 hours – 167 hours = 13 hours): 2 hours – at one and a half times, and 11 hours – at double.
To calculate additional payments for overtime work and for working on holidays, Alpha’s accountant calculated the employee’s hourly rate based on the average monthly number of working hours. This procedure is enshrined in the Regulation on the remuneration of the organization. With a 40-hour work week, the average monthly number of working hours is 165.58 hours.
The hourly rate is:
20,000 rub. : 165.58 hours = 121 rub./hour.
The accountant calculated the additional payment for overtime work as follows:
– 121 rub./hour? 2 hours? 1.5 = 363 rub. – additional payment for the first two hours of overtime work;
– 121 rub./hour? (13 h – 2 h) ? 2 = 2662 rub. – additional payment for the following hours of overtime work.
The total amount of surcharge for overtime work is:
363 rub. + 2662 rub. = 3025 rub.
Thus, Kolesov’s salary for June amounted to 24,477 rubles. (RUB 20,000 + RUB 3,025 + RUB 1,452).
Nina Kovyazina
Work at night (from 10 pm to 6 am) is paid at increased rates. In its internal documents, an organization can establish any amount of additional payments for night shifts. However, in any case, they should not be less than those established by law*. This is stated in the Labor Code of the Russian Federation.
Minimum amount of additional payments
The minimum amounts of additional payments for work at night are established by the Government of the Russian Federation (Part 2 of Article 154 of the Labor Code of the Russian Federation). Currently, the minimum additional payment is 20 percent of the hourly tariff rate (salary calculated per hour of work) for each hour of work at night (Resolution of the Government of the Russian Federation of July 22, 2008 No. 554).
Situation: how to pay for work on a holiday night
An employee who worked on a holiday night is entitled to two additional payments:
- for work at night (Article , Labor Code of the Russian Federation).
Therefore, when paying for work on a holiday night, it is necessary to separately calculate each of the additional payments, and then add the resulting amounts.
Example payment for an employee's work on a holiday night
CJSC "Alfa" is guarded around the clock. The guard security service works in shifts. The work is performed on the basis of summarized working time recording. The shift starts at 20.00 on April 30 and ends at 10.00 on May 1. The hourly tariff rate is 50 rubles. For night work, employees are paid an additional 20 percent of the rate.
According to internal documents, the employee is entitled to three one-hour breaks for rest and nutrition, including one break at night. Therefore, in total, he worked 11 hours on this shift, which should be paid based on the hourly tariff rate:
50 rub./hour? 11 hours = 550 rub.
Breaks for rest and meals (3 hours) are not paid.
The time from 00.00 to 10.00 on May 1st is considered a non-working holiday. Since during this time there are three unpaid hours of breaks, the number of “holiday” hours will be 7 (10 hours - 3 hours). The additional payment for them will be equal to:
50 rub./hour? 7 hours = 350 rub.
The employee worked 7 hours at night (including the exception of break time - 1 hour). The additional payment for this time is:
50 rub./hour? 7 o'clock? 20% = 70 rub.
The total salary of an employee per shift will be:
550 rub. + 350 rub. + 70 rub. = 970 rub.
Nina Kovyazina
Deputy Director of the Department of Education and
human resources of the Ministry of Health of Russia
Additional payments for work on rest days are established by a collective and (or) employment agreement (other internal documents of the organization) (). The amount of such additional payments can be any, but not lower than the minimum level established by the Labor Code of the Russian Federation. That is, pay for work on a weekend or holiday:
- for piece workers - at no less than double piece rates;
- employees whose work is paid at daily and hourly tariff rates - in the amount of double daily or hourly tariff rates;
- for employees receiving a salary - in the amount of a single daily or hourly rate in excess of the salary, if the person worked within the monthly working time limit, and in the amount of at least double the daily or hourly rate in excess of the salary, if the work was performed in excess of the monthly working time standard.*
Nina Kovyazina
Deputy Director of the Department of Education and
human resources of the Ministry of Health of Russia
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