Time on weekends and holidays. A situation is possible when an employee works on a holiday or weekend, and at night. Entering and calculating the document "Payroll"

Not always working activity can be limited to an eight-hour working day; for some professions, night shifts are a matter of course.

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Sometimes the need for night work can be temporary. But under any circumstances, payment for work at night cannot be identical to the daily rate.

Legal basis

According to the Labor Code of the Russian Federation, night work is considered the period from ten o'clock in the evening to six in the morning. During this period of time, the employee is entitled to an additional payment.

The amount of the allowance for night shifts may be established by the employer, but at the same time indicates that this allowance cannot be less than 20% of the hourly wage rate for each worker. night hour.

According to all-Russian statistics, the standard size of the compensatory allowance for night work is 40%.

So, such professional categories as:

Despite the relatively recent adoption of the Ordinance, earlier laws on extra pay for night work continue to be in force. According to them, the above employees are prohibited from establishing an additional payment of 20%.

In accordance with labor legislation, not all categories of workers can be involved in night work, so it is forbidden to work at night:

• pregnant women;
• women with children under the age of three;
• underage workers;
• single parents with children under the age of five.

Women and men with small children or raising them alone can sometimes work at night, but only with their written consent.

Moreover, the employer is also obliged to acquaint them in writing with the right to refuse night activities.

The minimum amount of additional payments for night work is established by Decree of the Government of the Russian Federation No. 554 dated July 22, 2008 “On the minimum amount of wage increases for night work”.

It is this act that provides for a minimum 20% surcharge for each night hour based on the value of the tariff rate for one hour of the day. In this case, no other allowances and surcharges are taken into account in the calculation.

Calculation of extra pay for night work

To calculate the amount of additional payment for night work, first of all, it is necessary to calculate the amount of payment for one working day, for which you need the amount of the monthly salary indicated in employment contract or staffing divided by the number of working days in a calendar month.

Then this value must be divided by the number of working hours per day. As a result, the value of the daily tariff rate will be obtained. This value must be multiplied by 20 percent. The resulting number will be the size of the tariff night rate.

An important nuance! If the number of working hours exceeds that specified in the contract, overtime is paid at a double rate.

But when calculating the amount of the allowance, one should take into account the categorical affiliation of the employee. For example, if an additional payment for work at night to watchmen is charged in the amount of twenty percent of the daily rate, this will be a direct violation of the law.

The above form of calculating the surcharge is legally established. But sometimes commercial organizations conduct "their" calculation, which is absolutely not in line with the standards.

If the employee does not agree with the size of the allowances, he has the right to appeal against this in court and demand the due payments.

To prove your innocence, you must have an employment contract in your hands, which clearly spells out the work schedule, method of payment and billing. In the absence of an official document on employment, it will not be possible to prove anything.

Weekends and holidays

As stated in the Labor Code, work on holidays and weekends is paid double or in the usual way, but with the provision of an additional day off.

If the employee works in accordance with the usual production calendar, then everything is clear here - Saturday, Sunday and public holidays are considered non-working days, that is, double payment is due for work at this time.

But at the same time, it matters important condition- if the employer wants the employee to leave on a non-working day, then he is obliged to issue a proper order. At the same time, the employee is subject to familiarize himself with it and confirm his consent in writing, by means of a signature.

When labor activity is carried out on the basis of a shift schedule, the situation is slightly complicated by the fact that the working days and days off for workers do not correspond to generally accepted ones.

That is, if according to the employee's schedule, Saturday and Sunday are working days, then they are not paid additionally in any way.

The situation is slightly different with holidays. If, according to the schedule, the employee's working day falls on a day that is a holiday, based on the Labor Code, then double payment is due.

Well, if an employee has to work on a weekend or a holiday at night, then what kind of allowance is he entitled to?

In such a situation, the employee should be charged two allowances separately - for night time and for going out on a non-working day, then these amounts are added up and added to the established daily tariff rate.

For example, medical workers Those who work at night on a holiday are charged 50% of the tariff rate for each night hour, plus one daily rate is added as a surcharge.

Important Points

For night work, an allowance is due, but only for those hours that are legally considered night hours.

For example, if an employee's work shift starts at eight o'clock in the evening and ends at four in the morning, then only the time after ten o'clock in the evening specified by law will be additionally paid.

If an employee works constantly on a night shift, then it is not necessary to constantly calculate allowances for night time. It is enough to multiply the salary by the percentage of the increase, and you get the amount of the salary to be issued.

If it is impossible to determine the amount of the surcharge in some cases due to the lack of a proper definition in the law, then it is possible to prescribe the amount of such in the internal documents of the organization.

For example, legally defined surcharges are calculated for time workers, that is, with piecework payment for activities, it is possible to indicate the amount of the surcharge for night time in the Regulations of the organization on wages.

Labor legislation determines only the minimum amount of additional payment, nothing is said about the maximum.

That is, the organization can personally determine how much interest to pay for work at night. The main thing is that the set value is not less than the minimum.

For workers, workers on a rotational basis, the provision on increased pay for night work also applies. In this case, the surcharge is charged on the amount of the salary or rate, the increase for shift work are not taken into account in the calculation.

Separately, it is worth considering the activities of workers with an irregular work schedule. If this condition is provided for by the contract, the employer is free to involve some employees in work duties without work time. Such involvement is formalized by order of the head.

Based on the provisions and the Labor Code, processing with an irregular schedule is compensated by the provision of additional vacation time, the duration of which is established by a collective agreement or the Internal Regime Rules of the organization.

However, payment labor activity at night, it applies to all categories of workers and no restrictions are provided.

That is, if an employee performs his duties at night, then he must receive the required allowance, even if his schedule is not normalized.

If activity at night is predetermined directly by the work schedule, for example, when there are several shifts for the night period during the shift schedule, then it is possible once, at the time the work schedule is established, to acquaint the employee with the document on his right to not accept night shifts.

If execution labor functions arises sporadically, then every time it is necessary to give the employee the right to refuse and obtain his written consent to work at night.

For women

Women who are pregnant and women with children under the age of three are not entitled to work at night.

If a woman has a child in the age category from three to thirteen years, she can work at night, but only on condition that she confirms in writing that she is familiar with the right to refuse night work and also expresses her desire to work at night in writing.

However, it should be taken into account that in this case the duration night work should not exceed a four-hour period for two days, and for a year the duration cannot be more than one hundred and twenty hours.

The human body is designed in such a way that the moments of greatest efficiency are achieved in the daytime. The night is meant primarily for rest and sleep.

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Most employees work in organizations during the daytime, but there are firms in which the specifics of the activity provide for the presence of labor activity at night.

Consider the main nuances and features of the payment of such labor.

What does the law say?

The order of work at night is regulated by some articles of the Labor Code. Let's take a closer look at what the law says about this.

Normative base

All features, working conditions and payment for night hours are regulated by articles 96 and 154 of the Labor Code of the Russian Federation.

What hours are considered night time?

Article 96 of the Labor Code of the Russian Federation 2019 states that night hours are from 22 pm to 6 am.

Who should not be involved in this work?

You can't force it to work at night:

• pregnant women;
• persons under the age of majority (with the exception of those working on the creation or performance of works of art).

The following categories of employees may be involved, but only with their consent:

• disabled people;
• employees who have children with disabilities;
• workers who care for the sick;
• a parent or guardian who is raising a child or children under the age of 5.

Permissible duration of shifts

The working shift at night should be shorter than that in the daytime by one hour.

This provision is regulated by Article 96 of the Labor Code of the Russian Federation.

When can the time be reduced?

You can reduce the time of the night shift by one hour in all cases, except for the following:

• the employee works on a reduced schedule;
• the employee was purposefully hired to work at night;
• if it is impossible to reduce the shift due to working conditions or production;
• when working in shifts on a 6 to 1 schedule.

Pros and cons for the employee

Night work has both its pros and cons:

This is not an exhaustive list of the pros and cons of working at night. In specific situations and under certain circumstances, this list may be supplemented.

Pay for night work at the enterprise

Article 154 of the Labor Code of the Russian Federation regulates that for each hour of the night shift you need to pay at increased size.

The size of the surcharge can be set by the heads of the enterprise at their own discretion. However, the increased payment for night shifts should not be less than established by the current labor law level - 20%.

Let us consider in more detail in which documents it is necessary to fix the main provisions on wages at night, and also give some practical examples.

What documents are attached?

The organization has the right to fix the basic provisions on wages at night in some local acts. Let's take a look at which ones.

Position

The heads of an organization or enterprise can establish the payment procedure and working conditions at night in one of the following documents:

• in the regulation on wages;
• in the Regulations on wages at night.

Order

An order to work at night is issued only if the employee needs to be involved once.

In other cases, the issuance of an order is not required, and the relevant clauses are fixed in the Regulations.

The order is also drawn up if a person included in a special list is involved in night work.

In order for an employee to work the night shift, his written consent must be obtained.

Already on the basis of this document, the head issues an order in free form.

Order example:

Employment contract

The order and working conditions at night can be fixed with a particular employee.

An example of such a document is shown below:

What determines the amount of payment for night hours?

Payment at night depends on:

• the minimum wage determined at the state level for work at night;
• from the amount of increase established by the local act;
• from the number of hours worked for the period from 22 pm to 6 am.

Features and calculation examples

At certain conditions work pay at night will be calculated differently.

Let's consider the most common cases.

With shift work schedule

Let's take an example of how night hours are paid to an employee with a shift work schedule.

Example #1:

Baranov A.E. works in the organization on a shift schedule. The evening shift is from 5:00 pm to 1:00 am. According to the schedule, Baranov works five days a week - from Monday to Friday. monthly salary is 15,000 rubles. The number of shifts in April is 12. In April, Baranov worked out the norm, which is equal to 172 hours. The company has set a surcharge for night hours in the amount of 20% of the regular rate. You need to calculate the surcharge for the night schedule.

Solution:

According to the current labor legislation, night time is the period from 22 to 6 hours. At night, three hours fall out of the evening shift (from 22 pm to 1 am).

Multiply the number of shifts by the number of night hours: 12 * 3 = 36 night hours in April.

Calculate the rate per hour normal work: 15000 / 172 = 87.2 rubles per hour.

Let's calculate the surcharge for night hours: 87.2 * 36 * 0.2 = 627.9 rubles.

With a fixed salary

With a fixed salary, an hourly rate is calculated to calculate the payment for night hours.

The found value must be multiplied by the surcharge coefficient established in the organization.

On a business trip

If the employer instructed the employee to perform a work assignment at night, then such hours worked must be paid.

But in what size?

According to the current legislation, the surcharge must be at least 20% of the tariff rate per hour of work.

At the same time, it is not necessary to pay for the night hours that the employee spent on the way to the place of destination.

There is no such provision either in the Labor Code or in Decree No. 749.

Moreover, the Ministry of Labor claims that employers can pay for night hours on the road at their own discretion.

For overtime hours

Example #2:

There are situations when, with a shift schedule, an employee works overtime. Let's take some conditions from Example #1 and give an example calculation for overtime hours.

Let's say that an employee in April worked not 172 hours, but 176. The norm of working time is 172 hours, respectively, Baranov worked 4 hours.

The coefficient for the first two hours is 1.5, for the next - 2.

Let's calculate the surcharge: 87.2 * 2 * 1.5 + 87.2 * 2 * 2 = 261.6 + 348.8 = 610.4 rubles.

Holidays

Example #3:

To understand how night hours are calculated when working on holidays, let's take the condition of example No. 1 and add some changes.

Let's establish that one of the shifts was on a holiday. It is necessary to calculate the surcharge for night hours that were on a holiday.

Solution:

First, we calculate the surcharge for the holiday: 87.2 * 8 * 2 = 1395.2 rubles.

We summarize the obtained values: 1395.2 + 52.32 = 1447.52 rubles.

Human physiology is such that at night he needs rest. In most cases, work coincides with the usual biorhythms, and problems arise only with an early awakening. However, there are situations when the interests of the company require night work.

This could be planned continuous production or an emergency. But in any case, staying awake at night is quite difficult for many. In this regard, the law provides for bonuses for employees, namely, additional pay for working at night.

Night working hours - from 22.00 to 6.00

The concept of "night time" is defined in accordance with Art. 96 of the Labor Code of the Russian Federation. According to her, this concept includes the interval from 22.00 to 6.00 the next day.

The working shift must be one hour shorter than the day shift, and this hour is not subject to working out in the future. But there are exceptions to this rule:

• the worker is hired specifically to work at night;
• already working on a reduced schedule;
• a person works on a six-day schedule with one day off;
• when it is required by the specifics of production.

Who can work at night

Employees are involved in night work depending on the production needs and shift schedules. The employer does not have the right to leave the following categories of employees at work after 22.00:

• pregnant women;
• persons with medical contraindications;
• minors.

There is an exception to the last paragraph. If the activity of a person under the age of 18 is related to artistic or creative activities, his work at night is permissible. Usually this rule is used when minors are required to participate in performances or filming. In all other cases, it is prohibited to involve pregnant women and minors in night work even when they themselves express such a desire.

Only with the written consent of the employees themselves can be withdrawn:

1. disabled people;
2. parents caring for a disabled child;
3. a single parent or guardian raising a child under 5 years of age;
4. mother of a baby who is under 3 years old;
5. persons who, according to a medical report, are caring for a sick family member.

At the same time, the law obliges not only to offer them to go to work at night, but also to notify them in advance of the right to refuse this. In case of refusal, he has no right to force him even in cases where the need for night work is dictated by an urgent need - an accident, a shift absenteeism, etc.

How is night work paid?

Night work should be paid much more!

Since work at night contradicts the physiological needs of the body for rest and causes discomfort to a person, the employer is obliged to compensate for it with increased pay. The amount of the allowance is regulated by internal local acts of the organization (collective agreement, Regulations on wages), but cannot be less than 20% of the normalized wages(Article 106 of the Labor Code of the Russian Federation). It does not matter whether a person works on a piece-work basis, at an hourly rate or on a salary. But if there is a lunch break at night, it is not paid.

The increased payment is subject to every hour that the employee spent at the workplace between 22.00 and 6.00, performing official duties. But if it involves the presence at the workplace beyond this time, for example, from 20.00-8.00, the time that goes beyond the legal night period is paid in the usual way. The exception is cases where local acts provide for additional payments, for example, for evening hours.

Example. Seller V. worked for a full month of 20 working days (160 hours). Of these, 10 fell on the second shift, which lasts from 16.00-24.00. Thus, the number of night hours each shift is 2 hours, and for the whole month 10*2=20. Let's say her salary is 20 thousand rubles, and the night coefficient in the company is 20%. Then the additional payment for work at night will be: 20,000/160*20*0.2=500 (rubles).

There are nuances of wages at night regarding travel allowances. So, if the assigned tasks require night work, this time is paid on a general basis. But if night time falls on the road, the additional payment for this is not provided for by law and remains at the discretion of the employer. Also, the following to the place of work is not included in the payment, even if it falls at night.

Night overtime pay

There are situations when the need to stay after 22.00 is not caused by the work schedule, but by an emergency situation: failure to fulfill the plan, lack of a shift, accident, etc. According to the Labor Code of the Russian Federation, overtime work is also paid at an increased rate: the first 2 hours with a coefficient of 1.5, the next - at a double rate. If at the same time the clock overtime hit at night, they increase by both coefficients.

Example. K. works as a fitter. His working day ends at 20.00. But due to an accident at the site, he had to stay at work until 23.00. Thus, overtime work was 3 hours. Let's say the rest of the time he worked according to the schedule. In this case, he has 1 hour of night work in his report card (from 22.00-23.00). In addition to the overnight rate increase, this time is subject to double pay as the third hour of overtime. Suppose K.'s salary is 30,000 rubles, and the company has a 30% overnight allowance. If for the current month the norm of working time K. is equal to 168 hours, then the additional payment for work at night will be:

30000/168*2=357.14 (rubles) - additional payment for overtime;

30000/168 * 0.3 = 53.57 (rubles) - surcharge for night time.

Plus, an additional payment for the first two hours of overtime work will be added to this: 30,000/168*1.5*2=535.71 (rubles). Thus, the total surcharge will be 357.14 + 53.57 + 535.71 = 946.42 (rubles).

Night work on weekends and holidays

All the nuances of payment depend on the organization for which you work.

As well as overtime, pay for work at night on a day off is subject to a double increase - as night and as after hours. At the same time, if a person works on a shift schedule, the day off is not a calendar one, but the days of rest provided for by this schedule. Work on public holidays is paid at double the rate, regardless of the schedule.

For example, a company has a continuous shift work, in which the second shift falls on the time from 19.00-7.00 the next day with a lunch break from 24.00-1.00. So the duration work shift is 11 hours and night work is 7 hours. Due to the fact that L. went on another vacation, the management asked O. to go to his shift on his day off.

Thus, work on the weekend will be paid at double the rate plus the standard allowance for night hours. If O.'s salary is 25 thousand rubles, the standard of working time in the current month is 176 hours, and the company has adopted a standard allowance of 20%., for night work on a day off, he will receive for that day:

• 25000/176*11*2=3125 (rub.) - payment for work on a day off;
• 25000/176*7*0.2=198.86 (rubles) - payment for night hours.

The total surcharge will be equal to: 3125 + 198.86 = 3323.86 (rubles).

Another example. The company has a continuous shift schedule. Employees whose night shift falls on a day between 4/11 (public holiday) and 5/11, in addition to the standard 20% surcharge, will receive pay with a multiplier for 2 hours of work on 4/11 (22:00-24:00). Those whose shift fell from 3.11-4.11. will receive a surcharge for hours from 24.00-6.00.

Example. S. went to work in accordance with his schedule from 7.03 to 8.03. The shift lasts from 18.00-5.00, lunch break from 23.00-24.00. Thus, 5 hours fall on a holiday, in total there are 6 hours for the night shift. With a salary of 20 thousand rubles. and 176 working hours in a month, for work that fell on a holiday, S. will receive:

• 20000/176=113.64 (rubles) - average hourly salary;
• 113.64 * 5 * 2 = 1136.4 (rubles) - additional payment for work during public holidays;
• 113.64 * 6 * 0.2 \u003d 113.64 (rubles) - additional payment for work at night;

The total surcharge for this day will be: 1272.82 (rub.)

Industry agreements

The law defines a minimum surcharge of 20%. above this coefficient, the employer sets at its discretion. But there are exceptions: if commercial organization signed an industry agreement, she must pay night shifts according to it. The following numbers are currently valid:

• 40% for construction companies;
• 35% for employees railway transport, metro, catering organizations;
• 75% for textile and plywood industries;
• 100% in the production of bread, cereals or flour.

In addition, some industry agreements, in addition to higher pay for the night, provide bonuses for working in the evening hours. They also have other financial guarantees for employees, for example, timely salary indexation.

Rules for bringing to work

To take an employee to work at night, his prior notification and consent is required.

Night work, like other irregular working conditions, requires prior notification of workers and obtaining their consent. The exception is when the night mode is scheduled. In this case, the signature of the employee in the employment contract or in the appendix to it is sufficient (if the change in work mode occurred after).

If the need to stay at work after 22.00 appears sporadically and is not related to the work schedule, an order must be drawn up. Before doing this, you must obtain the consent of the employee to this. For this, a document is drawn up in which the employee confirms with his signature that he is ready to go to work at night. Based on this document, an order is issued.

It indicates the full name of the employees, the time and date of unscheduled work, the payment procedure. All employees specified in the order must also sign to confirm familiarization. In the future, on the basis of this order, the accounting department will make the necessary additional payments.

The consent of employees for overtime work, including at night, is not required in the following cases:

• when it is necessary to prevent an accident or eliminate its consequences;
• when the activities of the organization are related to the defense of the state;
• when the consequences of natural disasters are eliminated;
• when the work is related to providing people with the necessary communications and household services: electricity, heat supply, gas, etc.

Certain categories of employees

If the employee belongs to the category of persons specified in Art. 96 of the Labor Code of the Russian Federation, the employer must not only obtain their consent, but notify in writing of the right to refuse such work. Only after they put a signature on, you can draw up an order.

There are discussions among lawyers about whether advance notice is required about the right of employees to refuse night work if they take a shift schedule. Some believe that the signature of a person in an employment contract automatically means their agreement with the proposed mode of work. Others note that formally the signature in the document does not indicate their awareness of their rights.

Perhaps they would have chosen another activity that did not require attendance at night. Litigation no on these issues. But if the employer wants to insure himself against possible troubles in the future, before signing an employment contract with the relevant categories of workers, he can notify them against signature of the right to refuse to work at night.

Working at night has its pros and cons. It allows you to get higher pay. For people whose activity falls on the second half of the day, nighttime wakefulness is quite easy, and at the same time they give free time during the day. At the same time, it can lead to health problems.

Also, not all family members are ready to put up with such a work schedule for a loved one. Therefore, when deciding to work at night, especially on permanent basis Each person has their own motives. The main thing is that material compensation for the inconvenience caused is guaranteed at the legislative level. The law also provides for the protection of citizens for whom work at night is harmful or inconvenient. It is permissible to involve them in it only with their written consent, and in some cases it is impossible at all.

Watch the video about pay at night:

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 the amount:

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 time, 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 time.

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.

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.

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. The specific amount of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract.

For your information: 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 amounts established by labor legislation and other regulatory legal acts containing labor law.

For your information: currently in force is Decree of the Government of the Russian Federation dated July 22, 2008 No. 554, which establishes that minimum size wage increase at night (from 22:00 to 06:00) is 20% of the hourly tariff rate (salary (official salary) calculated per hour of work) for each hour of work at night.

Rostrud indicated that the approach in terms of remuneration, presented in the Decree 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, wage 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 allowances 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.

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 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 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.

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 that determine 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 pay on weekends, holidays, overtime and night work, it is necessary to take into account not only the tariff part of the salary, but also compensatory and incentive payments that are included in the wage system. Such a 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.

Often includes night work. For an employee, such work carries an increased burden, therefore, the payment for it should be higher. Employees often worry about pay when shifting, in particular when they are busy at night.

Let's consider how the laws of the Russian Federation relate to this issue, how accounting is carried out when working after hours, how to calculate payment, and we will show this with a specific example.

The law allows you to work at night

Despite the fact that most organizations work during the daytime, the specifics certain types labor provides for night (and sometimes round-the-clock) functioning. Just for such enterprises, there is a shift work regime, according to which part of the shift or the entire shift falls on the hours usually intended for sleep and rest.

The regulation of the organization and payment of such work is prescribed in Art. 96 and 154 Labor Code RF.

What shifts are considered night shifts

The law proclaims night hours of work from 10 pm (10 pm) to 6 am.

A shift will be considered a night shift if at least half of it is labor during the specified time period. The night rate will be paid only for the hours that make up this period, the rest will be rewarded as is customary for day shifts. The definition of "night shift" in this case is significant for deciding whether or not to attract a certain category of employees.

ATTENTION! According to Art. 96 of the Labor Code of the Russian Federation, the night shift should be 1 hour shorter than the corresponding day shift.

The night shift is not reduced by an hour in some special cases, namely:

• the employee was specially accepted for night work, and this is reflected in the employment contract;
• the employee has a reduced schedule;
• compiled according to the scheme 6:1;
• when the shift cannot be reduced due to the nature of production.

Documents for the payment of night work

The enterprise must necessarily regulate the conditions for organizing and calculating remuneration for work after hours. This should be done in the following local acts:

• in the regulation on wages (general or issued specifically for night hours);
• in the collective agreement (it is necessary to take into account the opinion of the trade union body)
• in an employment contract with a single employee;
• in the order to attract an employee to work at the specified hours (if this is done one-time or an employee from a special contingent is involved).

IMPORTANT! The order is necessary only in special cases, with a constant schedule with night shifts, it is enough to fix the payment procedure in the Regulations.

Special contingent of personnel

Certain categories of employees do not have the right to work on night shifts, without taking into account their opinion on this matter. Another list defines the circle of workers who can be involved in night work if they express their consent.

It is forbidden to work at night:

• women who are expecting additions;
• minor workers, except for the special categories provided for by the Labor Code of the Russian Federation and separate federal laws, for example, employed in performances or other events.

You can work at night with written consent:

• mothers of young children (up to 3 years);
• disabled persons of any group;
• employees in whose care there are disabled people;
• workers caring for unhealthy family members (according to the conclusion of physicians);
• single parents with children under 5;
• guardians of children under 5 years of age.

FOR YOUR INFORMATION! An employee belonging to this category must be warned in writing that he has the right to refuse to work at night, and in turn, endorse his consent.

Factors that determine the amount of pay for night shifts

The law establishes higher than daytime pay for each night hour worked. The amount of this increase depends on several important nuances:

• the minimum wage for night work established by the state;
• figures fixed in the relevant local act (usually the surcharge is a percentage of the daily salary or tariff);
• the number of night hours during which the employee was busy.

Surcharge amount for each night hour of work, it cannot be less than a fifth of the usual daily salary (Article 154 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of July 22, 2008 No. 554).

NOTE! A shift schedule or a regular schedule is accepted in the organization, night hours are paid according to the same principle - with a surcharge.

Night on a business trip

If an employee has to be busy at night while on a business trip, this does not change the obligation of the additional payment. The only difference is that the employer is not obliged to pay extra for the night hours spent on the way to the place of business trip, although he can do this on his own initiative and desire.

What if the night is overtime?

It is one thing when night hours are provided for by the work schedule, and a slightly different situation is when they are worked out in excess of the norm, even with a shift schedule. How to pay in such cases?

Both the overnight surcharge and the overtime factor must be applied, which is 1.5 for the first two hours of processing and 2 for thereafter.

Examples of payroll calculations at night

Example 1. Payment for night hours with a fixed salary

Officer Polivanov K.I. with a salary of 25 thousand rubles. per month Works in shift mode 5 days a week (from Monday to Friday). His evening shift is from 20:00 to 04:00. According to the schedule, he has 10 such shifts per month. local act enterprises set a 20% share of additional payment for work after hours. Let's calculate the amount of the surcharge.

For the accounting month Polivanov K.I. fully completed the hourly rate corresponding to production calendar(170 hours). At night, each shift falls on 6 hours (from 22:00 to 04:00), for a month it will be 6 x 10 = 60 hours. We need to find the average hourly tariff rate: 25,000 / 170 = 147 rubles. Let's calculate the amount of the night surcharge for each hour: 147 x 0.2 = 29.4 rubles. For 60 non-working hours, you will need to pay extra to the salary 60 x 29.4 = 1764 rubles.

Example 2. Paying night hours to an hourly worker when working overtime

The production calendar for the accounting month provides for 172 hours worked, and the employee Belchenko L.A. worked 176. At the same time, Belchenko has a shift work schedule with an hourly salary of 100 rubles. per hour, at which 3 hours fall every shift at night. In the accounting month, Belchenko had 12 shifts. The "night" coefficient adopted by the company is standard - 20%. We will calculate the fee.

Let's find the number of night hours for a given month: multiply the number of shifts by the amount of after-hours - 12 x 3 = 36 hours.

Let's find how much time is processed in excess of the norm: 176 - 172 \u003d 4 hours.

For night hours of work, a surcharge of 36 x 100 x 0.2 = 720 rubles is provided.

For overtime: for the first two hours in one and a half times 100 x 1.5 x 2 = 300 rubles; for the remaining two hours 100 x 2 x 2 = 400 rubles. Total 300 + 400 = 700 rubles.

In addition to the usual daily earnings, Belchenko L.A. should receive 720 + 700 = 1420 rubles. surcharges.