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 accrue both the first and second surcharges. Recall that minimum size surcharges for night work is 20 percent of the hourly (daily) rate or salary, and work on weekends or holidays is paid at double the rate.
Expert opinion
Article 149 Labor Code when performing work in conditions that deviate from normal (in particular, at night, on weekends and non-working holidays), the employee receives additional payments provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, The amount 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 daily or hourly wages. 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 working 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, Legal Consulting Service Expert
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 norm of working time in February of the current year is 159 hours. At the same time, an employee of the company worked on February 23 (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 regulation on wages, work on holidays is paid at a double rate, and wages for work at night are increased by 20% of the hourly (day) wage rate.
Situation 1
Ivanov has an hourly rate of 225 rubles per hour. Ivanov's salary for February will be:
225 rubles / h × 159 h = 35,775 rubles.
225 rubles/hour × 6 hours × 20% = 270 rubles
225 rubles / h × 6 hours × 2 = 2700 rubles.
35,775 + 270 + 2,700 = 38,745 rubles
Situation 2
Ivanov was given a salary of 36,000 rubles. At the same time, for additional payments for work in conditions that deviate from normal, 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 h \u003d 226.42 rubles / h.
Surcharge for work at night (6 hours) will be:
226.42 rubles / h × 6 hours × 20% = 272 rubles.
Payment for work on a holiday will be:
226.42 rubles / h × 6 h × 2 = 2717 rubles.
total amount wages Ivanov 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 h \u003d 217.52 rubles / h.
Surcharge for work at night (6 hours) will be:
217.52 rubles / h × 6 hours × 20% = 261 rubles.
Payment for work on a holiday will be:
217.52 rubles / h × 6 h × 2 = 2610 rubles.
Ivanov's total salary for February will be equal to:
36,000 + 261 + 2610 = 38,871 rubles
Based on the materials of the reference book "Salary and other payments to employees"
edited by V. Vereshchaka
Payments to employees who perform their duties on a legal holiday or day off are calculated at a double rate (Art. Labor Code of the Russian Federation). At each enterprise, regulations prescribe specific tariffs, rates and interest that are charged for work on weekends and non-working days. They should not be less than those tariffs that are indicated in the Labor Code of the Russian Federation.
When an employee agreed 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 the employee left the 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 a night shift must be guaranteed to be higher than the pay for a shift for a standard schedule under normal working conditions.
The rates for payments to employees for working at night are prescribed in Resolution No. dated 07/22/2008. Just like work on a day off, the performance of official duties at night is described in the regulations of the enterprise, where more precise amounts of payments are indicated together with the opinion of the trade union body.
Weekend night work
As mentioned earlier, for a worked shift on a day off, the employee is entitled to a day off, or he is required to pay for work at a double rate. For going out of work night shift The surcharge is increased by at least 20%. Accordingly, if an employee went to a shift at night on his non-working day, the enterprise is obliged to pay him a double rate + 20% of his salary for one shift.
When an employee goes to the night shift on a holiday, the payment goes to special conditions non-standard workflow, more details in Art. TK RF.
The company is not entitled to set rates for night work below the above 20% above hourly wages. In Art. The Labor Code of the Russian Federation describes the working conditions of night shifts, namely a clear schedule from 22:00 to 06:00.
So, if an employee went on a night shift on his day off or a public holiday, he is supposed to receive double pay, namely double the rate (hourly work) and 20% of his standard salary per shift.
On June 28, 2018, the Constitutional Court issued Resolution No. 26-P, in which it clarified the procedure for remuneration of work on weekends and holidays for civilian personnel of military units and organizations of the Armed Forces of the Russian Federation. On the basis of this decision, Rostrud employees presented new clarifications on payment for work on weekends and holidays, as well as overtime work and work at night. During the consultation, we will acquaint you with the recommendations of officials, which are given 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 weekend or a non-working holiday is paid at least twice:
pieceworkers - at least at double piecework 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;
employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working hours.
At the same time, specific amounts of payment for work on a weekend or non-working holiday may be established by a collective agreement, local normative act adopted taking into account the opinion of the representative body of employees, an employment contract.
Note: 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.
Recall that according to part 1 of Art. 129 of the Labor Code of the Russian Federation (remuneration of an employee) consists of:
from remuneration for work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed by him;
from compensation payments (surcharges and allowances of a compensatory nature, including for work in conditions deviating from normal, special climatic conditions and in territories subjected to radioactive contamination, and other compensation payments);
from incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).
Employees of Rostrud base their new clarifications on payment for work on a weekend or non-working holiday on Resolution of the Constitutional Court of the Russian Federation No. 26-P.
In paragraph 3.5 of the said decision, it is noted: Art. 153 of the Labor Code of the Russian Federation, considered in the system of the current legal regulation, does not in itself imply that work on a weekend or non-working holiday performed by employees whose remuneration system, along with the tariff part, includes compensation and incentive payments, will be paid on the basis of only one component of wages - salary (official salary), and these employees, when calculating the amount of pay for work performed by them on a weekend or holiday, may be arbitrarily deprived of the right to receive appropriate additional payments, which leads to an unacceptable reduction in their remuneration for work compared to payment for similar work performed on a normal 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 allowances, but also compensatory 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 in the court order we are talking on the civilian personnel of military units, but it is indicated that the interpretation of Art. 153 of the Labor Code of the Russian Federation is obligatory, this conclusion The Constitutional Court of the Russian Federation applies to all employers without exception.
Overtime and night work pay
Article 152 of the Labor Code of the Russian Federation regulates remuneration for overtime work. It states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least double the amount. Specific fees for overtime work may be determined by a collective agreement, a local regulation or an employment contract.
Note: at the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
With regard to the payment of night hours of 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 under normal conditions, but not lower than the rates established by labor legislation and other regulatory legal acts containing labor law norms.
Note: currently in force is Decree of the Government of the Russian Federation dated July 22, 2008 No. 554, which establishes that the minimum wage increase at night (from 22 to 6 hours) is 20% of the hourly tariff rate (salary (official salary) calculated per hour hours of work) for each hour of night work.
Rostrud indicated that the approach in terms of remuneration, presented in Resolution of the Constitutional Court of the Russian Federation No. 26-P, is the same for all employees and employers and applies not only to double pay for work on weekends and holidays, but also to increased pay for overtime work and work at night , because otherwise it leads to an unacceptable reduction in the remuneration due to employees in comparison with payment for similar work performed on a normal working day.
How are bonuses calculated for work on weekends and holidays?
Article 135 of the Labor Code of the Russian Federation stipulates that the salary for an employee 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 that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are established by collective agreements, agreements , local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.
Employees of Rostrud explained that when paying for work on a day off, the employer must take into account all bonuses. Thus, if monthly bonuses are established by the wage system and the employment contract, 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. It does not matter how long the premium is paid. It must be doubled.
In its clarifications, Rostrud noted that the employer may provide for other compensation payments, such as payment for meals 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 allowances, but also compensatory and incentive payments, including bonuses. However, compensation for the cost of food and travel, including the cost of gasoline and car washing, material assistance for vacation are not components of wages, do not apply to compensation and incentive payments, therefore, when calculating wages on a day off, as well as average earnings during a business trip, do not are taken into account.
Is the additional payment for work in conditions of an irregular working day taken into account when calculating wages on a weekend or holiday?
According to Art. 101 of the Labor Code of the Russian Federation - special treatment work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside of their working hours. 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.
It should be noted 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 workers does not mean that they are not subject to the rules determining the start and end time of work, the procedure for recording working time, etc. These workers are generally released 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.
The labor legislation does not provide for monetary compensation (surcharge) for working in irregular working hours. However, the employer may establish such an additional payment in a collective agreement or local regulation.
So, if an organization has established an additional payment for working in irregular working hours, when paying for work on a weekend or 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 calculating weekend work had 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 day of official publication (Part 1, Article 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ , paragraph 4 of Resolution of the Constitutional Court of the Russian Federation No. 26-P), and the resolution in question was published on 06/29/2018.
On many manufacturing enterprises installed shift work work, which implies labor activity not only during the day, but also at night, the most common options are such modes as “day / night / 48 hours of rest”, or “three days later”. Regardless of the principle by which the regime and routine are built, the Labor Code of the Russian Federation obliges to pay for labor activities at night in an increased amount, because. this is not considered normal operation.
Here is an example where an employer miscalculated paid time and the employee managed to get unpaid money:
Maksimenko S.A. Employed in LLC "Alliance" as a seller. The organization operates around the clock, staff work schedule - day / night / 48. In February working shift Maksimenko S.A. dropped out at 20:00. 00 min. 22nd until 08:00 00 min. 23 numbers. The head paid only the time of work from 00 h. 00 min. till 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 norms of the Labor Code, because. work at night and during public holidays must be paid separately.
Thus, even if the shift of the employee falls at night, while the date is a holiday, the employer must pay wages for separate items: for night hours and for holidays.
It also happens that you have to involve employees who work on a daily daily schedule to work at night. Most often this occurs when it is necessary to eliminate the consequences of an accident at the enterprise, inventory, etc. To do this, the head must issue an order to engage in 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 for the required number of hours in double size;
- Signature of the director, accountant and persons involved in overtime work at night or on a day off.
Payment at weekend night hours: what does the Labor Code of the Russian Federation say?
According to the norms of the Labor Code of the Russian Federation, for work at night, employers are required to pay their subordinates at least 20% of the daily salary or tariff rate. Labor activity on holidays and weekends is paid separately at a double rate, due to which 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 surcharges, 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;
- Collective agreement certified by the representative of the trade union organization;
- Labor agreements concluded with the personnel;
- Additions 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, respectively, both types of surcharges are due to employees. So, according to Art. 96 of the Labor Code of the Russian Federation, “night time” should be understood as the period from 22 h. 00 min. till 06 o'clock. 00 min. For example, if an employee works from 8 p.m. 00 min. till 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 pm. till 06 o'clock. morning - double.
What kind of norms of the Labor Code of the Russian Federation should be guided by when calculating payment for work on holidays and at night:
- Art. 96 of the 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 regulatory legal acts. The exact amount of wages at night is set by collective agreement, taking into account the opinion of the representatives of the Trade Union and can only be deviated to a large extent.
It is worth noting that, even if employees are employed on the condition of a shift schedule, which implies work 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, the surcharges are canceled.
Art. 153 of the Labor Code of the Russian Federation, which regulates the peculiarities of wages on weekends or holidays, obliges to make additional payments of at least double the amount:
- Employees working at hourly or daily tariff rates - at least one daily rate in accordance with the tariff;
- Employees working under the deal - at least double the amount of piecework wages;
- Employees who receive a salary in accordance with the 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 at the monthly rate. Double payment is made if processing exceeded the monthly rate.
Thus, the labor legislation allows for increased bonuses for overtime work, but they must be doubled. Also, the law does not prohibit the establishment of increased surcharges for work during holidays and weekends, but this should 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 surcharges?
To understand the principle of calculating additional payments for night work, you should read a more detailed example:
Pavin S.Yu. works in Master LLC at an hourly rate, the size of which is 300 rubles. At the direction of the head, he had to go to work on January 1 (the official holiday date) from 20:00. 00 min. until January 2 at 06:00 00 min. Thus, he worked 8 holiday hours, which also fell on 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 hours of work at night on public holidays?
In order to attract employees to work at night or on holidays, if they do not have a shift schedule, the employer must issue an appropriate order or instruction in writing. Sometimes the consent of the employees belonging to special socially protected categories is required for work outside of school hours. Which citizens are:
- Women raising children under the age of three;
- Disabled people and workers with dependent children with disabilities;
- Subordinates providing care for elderly or sick family members;
- Employees involved in the upbringing of a child under 5 years of age alone.
It is also worth highlighting the categories of citizens who, by law, cannot be involved in labor activity at night, even with their written consent:
- Underage employees;
- Pregnant women.
Particular attention should be paid to the time sheet, because It is on him that the correct payment of the hours worked by each of the employees depends. As a rule, the heads of departments or personnel officers are responsible for maintaining this document, but other employees can be appointed responsible at the direction of the head. In the report card on days when employees worked outside of work and holiday time, you must enter the code "03" or the letter designation "PB", both options are considered correct.
Due to the fact that the legislation allows additional surcharges for overtime work, organizations can independently establish increased payments, which should be reflected in local acts. If the minimum payments established by the Labor Code of the Russian Federation are not made to the employees, they can apply to several competent organizations:
- Trade union (if employees are members of this body);
- the State Labor Protection Inspectorate;
When applying as evidence, you can use salary certificates, testimonies of witnesses and other facts confirming a systematic violation labor law employer. Based on the results of the check, an order will be drawn up in his address 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 acting: 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 payment of night 20% 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 a holiday on June 12, he worked 15 hours, incl. night 2 hours. We paid: according to the salary 5205/151 * 186 = 6411.16 rubles. for 186 hours, 5205/151*20%*80=551.52 rubles for the night 80 hours. Plus for work on a holiday double payment 5205/151 * 15 = 517.05 rubles. for 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 work on holidays;
For work 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 the schedule, he is entitled to a double surcharge for working on a holiday (15 hours), and a surcharge 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 to accrue to an employee who had both overtime hours and hours of work on a day off (holiday) during the month. The employee has a summarized accounting of working hours
The answer to this question depends on whether the employee worked on weekends (holidays) according to the working time schedule or over the schedule.
If work on a weekend (holiday) is at the same time overtime for an employee (carried out over the schedule), then immediately pay for work on a weekend (holiday). When calculating overtime hours for the accounting period, do not take into account work on a day off (holiday), since it has already been paid in double size * (clause 4 of the clarification of the USSR State Committee for Labor 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 provides for work on holidays, calculate both the additional payment for working on a holiday and the additional payment for overtime work (taking into account the number of overtime hours for the accounting period)*. If the work schedule provides for work on Saturday (Sunday), these days will not be considered days off. So only pay extra for overtime. Such a conclusion can be drawn on the basis of articles, and the Labor Code of the Russian Federation and paragraph 4 of the clarification of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated August 8, 1966 No. 13 / P-21.
Payroll example. The employee is assigned a summarized accounting of working hours. During the month, he had both overtime and public holiday hours.
The driver of CJSC Alfa Yu.I. Kolesov, who works at the office passenger car head, a summarized accounting of working hours is established. The accounting period is a month. Kolesov's salary is 20,000 rubles.
According to Kolesov's work schedule in June 2010, he had to work 167 working hours, including 12 hours on a holiday on June 12. In fact, the employee worked 180 hours.
Since the work on the holiday was carried out according to the schedule, the accountant charged Kolesov:
- salary for June;
– additional payment for work on a public holiday (12 noon) in a single amount;*
- surcharge for overtime work (180 hours - 167 hours = 13 hours): 2 hours - one and a half times, and 11 hours - double.
To calculate the additional payment for overtime work and for work on a holiday, Alfa'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 work hours is 165.58 hours.
The hourly rate is:
20 000 rub. : 165.58 h \u003d 121 rubles / h.
The accountant calculated the overtime pay as follows:
- 121 rubles / hour? 2 h? 1.5 \u003d 363 rubles. - additional payment for the first two hours of overtime work;
- 121 rubles / hour? (13h – 2h) ? 2 = 2662 rubles. - additional payment for the following hours of overtime work.
The total overtime pay is:
363 rub. + 2662 rub. = 3025 rubles.
Thus, Kolesov's salary for June amounted to 24,477 rubles. (20,000 rubles + 3025 rubles + 1452 rubles).
Nina Kovyazina
Work at night (from 22 to 6 hours) pay at higher rates. In its internal documents, the organization can set any amount of extra 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.
The minimum amount of surcharges
The minimum amount of additional payments for night work is established by the Government of the Russian Federation (part 2 of article 154 of the Labor Code of the Russian Federation). Currently, the minimum amount of additional payment is 20 percent of the hourly wage rate (salary calculated per hour of work) for each hour of work at night (Decree 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 (Art., 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 the work of an employee on a holiday night
CJSC Alfa is guarded around the clock. The security guard works in shifts. The work is performed on the basis of the summarized accounting of working hours. The shift starts at 20.00 on April 30 and ends at 10.00 on May 1. The hourly rate is 50 rubles. Employees are paid 20 percent of the rate for night work.
According to internal documents, an employee is entitled to three one-hour breaks for rest and meals, including one break at night. Therefore, in total, he worked 11 hours on this shift, which should be paid based on the hourly wage rate:
50 rub/h? 11 h = 550 rubles
Breaks for rest and meals (3 hours) are not paid.
The time from 00.00 to 10.00 on May 1 refers to non-working holidays. Since there are three unpaid hours of breaks during this time, the number of "holiday" hours will be 7 (10 hours - 3 hours). The fee for them will be:
50 rub/h? 7 hours = 350 rubles
At night, the employee worked 7 hours (taking into account the exclusion of the break time - 1 hour). The fee for this time is:
50 rub/h? 7 o'clock? 20% = 70 rubles.
The total salary of an employee per shift will be:
550 rub. + 350 rub. + 70 rub. = 970 rubles.
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 contract (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, work on a weekend or holiday pay:
- pieceworkers - at least at double piecework rates;
- employees whose work is paid at daily and hourly tariff rates - in the amount of a double daily or hourly tariff rate;
- 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 norm of working hours, 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 norm of working hours.*
Nina Kovyazina
Deputy Director of the Department of Education and
human resources of the Ministry of Health of Russia
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