Not all organizations have the ability to stop production and dismiss workers at night. Designing activities at night is suitable for such circumstances.
The International Labor Organization has set a framework for night workers. Echoing this, the labor code regulates night work by guaranteeing benefits. In the article we will figure out what hour night time is considered from and how it is paid according to the Labor Code.
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Night time concept
Night time according to global regulations is a period of time within 7 hours that lasts from midnight to 5 am. Consultations on input are provided by unions of entrepreneurs and workers, after studying collective agreements.
Night time in labor legislation RF is defined as hours from 22 to 6 am, with the length of work or shift reduced by 1 hour.
Watch a video about night shifts:
Legislative regulation
Night work is ordered:
- Art. , , , Labor Code;
- Art. 5.27 Code of Administrative Offenses of the Russian Federation;
- Resolution “On the minimum increase in wages for work at night”;
- Resolution “On approval of the list of professions and positions of creative workers”;
- Industry agreements on the river fleet, radio-electronic industry, etc.;
- the Night Work Convention (not ratified, its provisions cannot be invoked in disputes on the territory of Russia);
- Local legal acts.
Last two cannot contradict the Labor Code of the Russian Federation.
Who is not allowed to work?
Night work is prohibited:
- Certainly (pregnant women);
- Conditional (children under 18 years of age, disabled people, women with small children, etc.).
Pregnant women
It is certainly prohibited for pregnant women to work from 10 pm to 6 am. Even if there is an application and readiness, the employer cannot leave a woman in such a job.
There are two alternatives:
- assignment to a similar job or the same one during the day;
- removal from work with retention if transfer is impossible.
The woman must bring proof of pregnancy. If she remains in her previous position, the employer may have problems, including paying a fine.
Children under 18 years old
Conditionally, night work is prohibited for children under 18 years of age, if they are not involved in the presentation of performances, musical compositions(child actors, circus performers, etc.).
Women with small children
Women with small children are divided into three categories:
- With children under 3 years of age;
- With children under 5 years of age without a spouse;
- Guardians of children under 5 years of age.
Such workers are allowed to shift at night, only if the woman has given consent and there is a medical certificate allowing her to work. The employee takes advantage of the waiver of night work, and the manager is obliged to provide her with similar work.
From night work Fathers with children under 5 years of age without a spouse are exempt according to the same rules.
Disabled people
The employer will provide privileges for:
- people with disabilities;
- having disabled children;
- caring for sick relatives (not necessarily disabled people).
These groups must also give a written agreement and provide medical information. conclusion allowing you to work at night. The employer acquaints them with the right of refusal against receipt. For other categories, consent is not required.
Sample of employee consent:
Peculiarities
Enterprises themselves adopt acts that supplement the number of days off. According to the schedule, a portion of the time may be at night. Labor time is reduced by an hour, which does not need to be completed. The shift lasts without reductions if:
- working hours are already less than 8 hours;
- The position requires being at work at night.
The local enterprise act may contain different provisions from the federal ones, so before giving consent, you need to familiarize yourself with the act.
A night shift can be equal to a day shift if:
- This ;
- Working shifts with only one day off during the week.
Internal agreements indicate forms of work where the night shift lasts the same as the day shift.
The laws of the Russian Federation do not stipulate how many night shifts can be worked per month.
The shift schedule or local rules of the organization establish the volume of shifts. The manager introduces these papers before being sent to the night shift.
The duration of rest after a night shift is not regulated by the Labor Code. In this case, the principle is universally applied: after a night shift there must be a rest period equal to two shifts, i.e. If a person has worked 8 hours, he must rest for at least 16.
How to calculate hours on a timesheet?
Work schedule sheet can be filled out using forms or documents accepted by the organization. Time can be shown separately as evening and night. The columns contain alphabetic and numeric codes. For example, alphabetic: “N” or “B”, digital “2”. The leader can accept his conventional symbols, about which an order is issued.
Example of filling out a timesheet (clickable):
You can fill out the fields for each day. In the T-12 form, fill out columns 4-6, in T-13, fill out section 4. You can enter the code with a letter or number, and in the line below them - hours and minutes of work.
If an employee works in shifts, then he must:
- Add columns to samples T-12 or T-13;
- Enter operating hours using codes.
The accounting form developed by the company is usually contains lines for night and day intervals.
You can take into account a work schedule that starts during the day and ends at night with fractional notations. The period of work is indicated in numbers through a line.
Payment
The salary for night work will be higher. This is stated in labor laws. The percentage is also indicated there, less than which the employer cannot do.
A higher percentage may be accepted by:
- collective agreement;
- local legal entities;
- labor deal.
By law the head approves additional payment, having listened to the opinion of the trade union and taking it into account.
The Russian government has appointed a 20% bonus for night work. It cannot be installed below. Industry agreements establish a higher bonus percentage (for example, 40% for multi-shift river fleet workers).
The calculation is carried out in stages:
We consider how much is allocated for work in the night part of the day:
Total time – busy time during the day = time worked at night
We calculate the hourly rate:
Rate / total number of hours = hourly rate
We calculate how much an hour of night work costs:
Hourly rate x 20% (or accepted by the organization) = amount above the rate
Hourly rate + amount above the rate = work for one hour at night
We calculate using the formula how much to pay for the work:
Cost of an hour at night x time of work at night = amount of remuneration for night work
Calculation example:
I. Taneyeva works 12 hours, from 20.00 to 08.00. Rate per day 1000 rub. The manager established a 30% increase in pay for night work. We count in stages:
Opening hours at night:
12-4 = 8 hours
Hourly rate:
1000 / 12 = 83,34
Night work hours:
83.34 x 30% = 25.01
83, 34 + 25,01 = 108,35
Remuneration for night work:
8 x 108.35 = 866.80
Such formulas are suitable for calculating wages for both watchmen and production workers.
How to calculate night hours from salary: It is necessary to calculate the cost of one hour of employee time. Next, the cost of a working hour is multiplied by an increasing factor and by the number of hours worked at night.
If an employee’s night shift falls on , both allowances must be calculated.
Registration of night shifts
Internal rules and the shift calendar are the main documents that establish periods of night and day work.
If taken specifically at night or in shifts:
- introduce you to the regime;
- sign an employment contract.
If, when hiring, it was supposed to be carried out in the daytime, but then the company switched to a shift schedule:
- 30 days before entering the schedule, familiarize everyone with it and sign it;
- issue a transfer order.
Sample order to enter night time:
If the employee is part of a group for which work at night is conditionally prohibited:
- inform about the new schedule;
- inform under signature about the right of refusal;
- ask the employee for consent;
- Afterwards the employee provides medical care. conclusion about the possibility of working at night;
- an order is issued to transfer the employee to the appropriate schedule.
Employer may hide night shifts or not pay due wages. Then the workers go to court. Any evidence of night work is admissible in court, so it is often quite easy to prove. Increases in pay for work are not included in bonuses and other incentive payments.
Many jobs require you to work at night. Security guards, dispatchers, employees of law enforcement agencies, medical staff, employees of air and other carriers, gas stations, printing houses, nightclubs, industrial enterprises and many, many others are forced to work at night. 25% of all working people in our country work in night mode. You can also remember the “chronic deadlines” who have to fulfill the “five-year plan” on the last night ...
So what threatens the shift in the rhythm of sleep and wakefulness, laid down by nature itself?
Night work ruins your health
Around the world, dozens of studies are conducted annually on how and why the body suffers due to night work. Some researchers even argue that the harmfulness of night work can be compared with excessive drinking and smoking for many years.
Scientists agree that working at night increases the risk of cardiovascular and oncological diseases, diabetes, depression and obesity.
Working at night is a serious damage to human health. By the way, you can also earn “chronic lack of sleep” - this is a habitual state of the body deprived of proper rest. After all, few people, returning after a night shift, fit into bed for 8 hours. In addition, it has been proven that daytime sleep is less deep than nighttime sleep, since it does not correspond to natural biorhythms. As a result, people become aggressive, irritable or, conversely, absent-minded and inattentive, their character deteriorates, fatigue quickly accumulates, they are more prone to “professional burnout,” and moving away from family does not lead to anything good.
However, sleep specialists (somnologists) note that these problems are typical only for those who work at night more than 2 times a week. If a person works the night shift only once a week and then gets a good night’s sleep, he is not at risk of chronic sleep deprivation.
There are people who really work better at night. These are "people with individual adaptability to night work." At night their brain works at full capacity, and during the day they are able to fully relax during sleep. But even for them, an immutable rule applies: the work schedule must be stable. If night and day shifts change haphazardly, then colossal harm will still be caused to the body.
Previously, scientists were confident that the effects of medium-term sleep loss could be offset by subsequent long periods of rest, but recent research shows that some aspects of brain function, such as focus, are not fully restored even after three days. Night work kills the brain, experts say. One week - and a person who suffers from regular lack of sleep risks losing as much as 15 points of his IQ - intelligence quotient. So what to do if there is no escape from night work?
Night shift workers
1. Watch how you feel. Complete preventive examinations and medical examinations on time; do not treat medical examinations before your shift as serfdom. Moreover, they will not be canceled and even, on the contrary, will be strengthened. New inspection rules are being developed, and penalties for ignoring them are being tightened. Costing us too much human factor» in case of accidents, so as not to pay attention to the health of those responsible.
And if, on the contrary, no one at work is interested in your health, take care of it yourself. Take your blood pressure and count your pulse before changing. Check if you have forgotten your usual medications. If you have diabetes, make sure you bring sweets and a blood sugar monitor. If you have hypertension, have a blood pressure monitor handy. A patient with bronchial asthma needs to check that the medication canisters are full. All these are little things, at first glance, but they are the ones that lead to the most serious consequences in your life and the lives of people who in one way or another depend on your performance.
2. Get enough sleep. An adult healthy person needs to sleep 7-8 hours a day. At night. It is when the body's circadian rhythms are fully tuned to rest. For daytime sleep, the time is extended by 1 hour. What they usually do is not quite right: in the morning they sleep as much as they want, and then, sleepy, they go to the night shift. Scientists have proven that it is best to get enough sleep immediately before work, and about 2 hours is enough. Therefore, in the morning you should sleep about 4–6 hours or a little more, and closer to your shift, get a couple more hours. Maintain good sleep hygiene: ventilate the room, buy thick curtains, insert earplugs. Scientists advise wearing dark glasses in the morning when you return home so that bright sunlight does not “wake up” the brain and put it in a state of combat readiness.
3. Follow the daily routine. Agree with management on the most orderly shift schedule - this will allow the body to develop a rhythm of sleep and wakefulness. Plan a schedule for the days you come home. If you work only at night, then you can roughly plan your routine after the shift like this: warm, soothing bath, hearty breakfast, sleep about 4-6 hours, lunch, personal time, two-hour sleep, dinner, invigorating shower. And - to replace. If the next day is a non-working day, your morning sleep time should be increased to 8 hours, after which you need to eat a hearty meal and invigorate yourself as much as possible. It’s better to go to bed a little early that day so that your free day the next day will be most effective. If you can’t go to bed earlier, then you need to carve out half an hour or an hour for quiet time: take a nap, read, meditate.
4. Eat according to science! Doctors who work on the night shift are advised to make a hearty and light breakfast (to better sleep well) with the maximum amount of carbohydrates (porridge, pasta), then lunch, quite late and therefore the most high-calorie, with the maximum amount of fat, and a light and hearty dinner before the shift with a predominance of protein (meat, fish).
People who work at night often eat more in the evening and at night and consume a lot of sweets. This inevitably leads to weight gain or even obesity. Therefore, at night it is best to limit yourself to a “snack” (sandwich, cheese, vegetables) and eat some dark chocolate.
Constant attempts to cheer yourself up with a cup of coffee usually only lead to the habit of excessive consumption. By the way, it was noted that freeze-dried coffee invigorates only the first hour, then the next component of the drink comes into effect - theobromine, which causes drowsiness and decreased attention. Tonic drinks are good only at the beginning and middle of the night shift; taking them in the morning will make it difficult to fall asleep later.
5. Take a multivitamin. Most doctors advise those who work at night to choose vitamins with a high content of vitamins B and C, since it has been proven that when the regime is disrupted, they are consumed the most.
Night work is contraindicated for you if you...
- are going to get pregnant. It has been proven that women who work night shifts are more likely to experience infertility due to sharp fluctuations in hormone levels in the blood;
- are expecting a child. You shouldn't agree to work the night shift for any money! Such changes in daily routine threaten premature birth and a number of pathological conditions for both the expectant mother and the fetus;
- breastfeed. Nursing mothers work at night is categorically contraindicated;
- have not reached the age of 18. It is illegal for children and teenagers to work night shifts.
Valentina Saratovskaya
Photo by thinkstockphotos.com, photo collage by Alina Trout
Night work - Labor Code defines the term and regulates the conditions for organizing labor protection in such a situation. The amount of working time and the problems of calculating remuneration for work during night work are discussed in our article.
Work at night according to the Labor Code of the Russian Federation
Mode of operation of enterprises in many industries modern production and the service sector dictates the feasibility of a 24-hour work schedule. In this regard, there is a need legal regulation night work of employees providing such a schedule.
The Labor Code defines the time between 22:00 and 6:00 as night time (Article 96). In general, the legislator sets the duration of night work to be 1 hour less than normal. This reduction does not require working out in subsequent periods. However, the Labor Code of the Russian Federation provides for situations where the duration of night work can be equal to normal:
- employee employment in a shortened work week;
- hiring an employee to work at night;
- objective requirements of working conditions or shift work with a 6-day working week.
Night work is not allowed: legislative restrictions
Legislation limits the possibility of night work or introduces special permitting procedures for certain workers due to their age, marital status or health status.
It is prohibited to use the labor of pregnant women and adolescents under 18 years of age at night (Article 96 of the Labor Code of the Russian Federation).
With the written consent of the employee, the employer may use the following labor during night employment:
- women who have children under 3 years of age;
- disabled people (for this group there must be no medical contraindications);
- single parents and guardians with children under 5 years of age;
- parents with disabled children;
- workers who, according to a medical certificate, are caring for seriously ill family members.
Employees from the listed groups have the right to refuse night work. And if they agree, they must confirm in writing that they have been notified by their employer of their legal right not to work at night.
Payment for night hours with a shift work schedule: the rule of law, nuances
Salary for work performed between 22:00 and 06:00 is paid at increased size(Article 154 of the Labor Code of the Russian Federation). The legislator establishes the following norm: an hour of working time at night should cost more than an hour of work under normal daytime conditions. The minimum coefficient of increase in payment is established by the Government of the Russian Federation based on the recommendations of specialists from the Russian Tripartite Commission for the Regulation of Social labor relations.
Today the coefficient is at least 20% of the amount of payment for an hour of daily work for each night hour in accordance with the Decree of the Government of the Russian Federation of July 22, 2008 No. 554.
Important! If the employer is willing to compensate for a large amount of additional payment, this should be reflected in the collective agreement.
Thus, the legislator establishes a two-pronged approach to the principle of calculating remuneration for work at night:
- on the one hand, the state guarantees a minimum level of extra pay for night work;
- on the other hand, the legislator invites the parties to labor relations to agree on the use of higher additional payments, enshrining such an agreement in the local regulatory legal act.
The following is accepted as the basis for calculating the amount of remuneration for shift work:
- monthly salary;
- or daily (hourly) rate.
When, when working on a shift, the accounting period for the summarized accounting of working hours is 1 month, the employer, as a rule, uses the monthly salary for calculations. In this situation, the number of hours worked is subject to separate control, which should not differ from the norm according to production calendar, as well as the number of hours worked in conditions other than normal (for example, at night).
For more information about working time tracking, see the article.
If the accounting period is more than 1 month, for example 2 months, then it is quite possible that in the 1st month of work the normal working hours will not be observed, and the deviation will be compensated by working hours in the 2nd month, so that the duration of the actual working hours for the accounting period the period was normal (Article 104 of the Labor Code of the Russian Federation).
If the salary system is used for calculation, each month is paid in the same amount equal to the monthly salary. An employee receives the same reward for different amounts of work, which is wrong. The choice of calculation principle based on the daily (hourly) rate in this case is more logical.
For the working time schedule and the procedure for compiling it, see the article.
Thus, the regulations for calculating payment for night hours when shift schedule the work appears to be as follows:
- based on the data from the working time sheet, the number of night hours worked is recorded (it is important to note that the calculation takes into account the number of hours falling in the period from 22 to 6 o’clock);
- the cost of an hour is determined based on the adopted system;
- an increasing factor is applied, which is at least 20% of the cost of an hour of daily labor (its actual amount is determined in the employer’s legal regulations).
How night work is paid: actual additional payments for work in industries
IN existing practice payment for night work in many industries, industry agreements are used, which establish a surcharge coefficient of 40% (federal industry agreement on road infrastructure, machine-building complex, etc.).
And although this contradicts the literal reading of the norm of the Labor Code of the Russian Federation, which indicates that the source of establishing additional pay can be a collective agreement, it is important to understand that the agreement protects the rights of the employee and will certainly be taken into account in the event of a labor dispute.
Results
Night work is classified by the legislator as work performed in conditions other than normal, therefore, the performance of labor duties during the period established by the Labor Code of the Russian Federation as night time is paid at an increased rate.
The legislator sets standards minimum size additional payments for night work. The actual amount of the additional payment is established in the collective agreement between the employer and employees.
You are probably already tired of watching videos in which I swing various pieces of iron and show off my shrunken body. Let's change the record and talk about working at night.
The conversation will go not only about night shifts, but also about those who simply like to stay late, or even well after midnight. How harmful it can be and how to deal with it.
I have a very negative attitude towards working at night. While still at the institute, we were told about a comprehensive study of metro construction workers who have been working at night for 20 years or more.
It turned out that regardless of the length of night work experience, no adaptation to the new regime was observed. All the same, the body requires rest at night and wakefulness during the day. Definitely.
So working at night undermines your health. And if it is possible to avoid such work, then do not get into the loop yourself. You'll just ruin your health. If, of course, you have it.
It is clear that as a doctor I had to work a lot at night. And if in my youth this was tolerated more or less easily, then by the age of 30, night duty in the ambulance was quite exhausting.
Well, then “Perestroika” came, and Gorbachev abolished vodka, but allowed private activities, which I had dreamed of all my adult life. And I, crossing myself (even though I was an atheist), went there.
Since then I haven't worked at night. True, for some time, he still liked to stay up late, but here in the USA he stopped doing that. I get up at dawn, go to bed at sunset, and feel OK.
But I’ve rambled too much, now read the article. Everything is correct there, except that they don't give advice on how to get a day job. Well, it’s up to you to decide for yourself.
A short course on a happy life for all night workers.
Contrary to popular belief, it's not just long-legged go-go dancers who work at night, but also a variety of other professionals, from doctors, police officers and firefighters to flight attendants and nightly news reporters in the media.
All these people are united by a certain ability to competently build their lives during daylight hours, without sacrificing communication with family and friends.
How to organize your daily routine so you can work productively at night
First of all, it is necessary to understand that the vast majority of people have an internal biological clock that “works” in accordance with natural light rhythms. Daylight triggers many biochemical processes in the body, stimulates the endocrine system, and activates wakefulness centers.
Therefore, systematic disruption of natural biorhythms often leads to malfunction of the body. The main rule of working at night is clear planning of work and rest schedules. It is necessary to minimize the number of hours of night work and distribute your time in such a way that a certain number of hours allocated for sleep fall at night. Also, be sure to follow a daytime sleep schedule to restore the body's reserves.
How to build a career working at night
When working for a long time on the night shift, adaptation processes are launched in the human body and psyche. There is a so-called partial addiction. Man adapts to night work. However, this addiction is lost on weekends, when the employee does not have to go to work and can get enough sleep as usual. As a result, human biorhythms are constantly undergoing restructuring, shifting and changing in a chaotic manner.
This causes a serious blow to the body and mental state. The employee needs to clearly determine for himself how long he is ready to work at night, whether it is realistic to move up the career ladder within the specified period and how significant this promotion will be, how much he assesses the resource capacity of his body and the stability of the nervous system. It is necessary to make a decision about building a career in this mode of work only after a thorough analysis of all the pros and cons.
How to keep in touch with family and friends
Communication with family and friends is an important component of every person’s life - it helps to cope with stress, recharge with positivity and energy, feel the joy and fullness of life, which is especially important for a person working on the night shift.
Of course, the night shift can have some negative effect on the family members and friends of such an employee, since they have to adapt to the night schedule and change their lifestyle. Therefore, time for communication must be selected in accordance with the needs, interests and work schedules of all interested parties.
And it is necessary to remember that for full communication a person must be rested and full of energy, so it is better to choose the time for communication after a nap.
What are the negative effects of working at night on the psyche?
Working at night brings significant harm to human health, as the natural rhythms of sleep and wakefulness established by nature are disrupted. As a result, the immune, cardiovascular system, and human psyche suffer.
Irritability, inattention, apathy, and lethargy occur. A person feels overwhelmed, which, of course, negatively affects his sense of self and mood: negative thoughts, pessimistic and depressive states appear. Working capacity decreases significantly.
Without exaggeration, chronic lack of sleep is detrimental to the psyche, so an employee needs to closely monitor his physical and mental state, and if his health worsens, seek qualified help and strive to reduce work hours at night as much as possible.
How long can you maintain such a rhythm of work?
The work and rest schedule of a night worker usually does not coincide with the schedules of other people around him. For this reason usual way of life public life, the number of meetings and communication with friends and family may be reduced from the very beginning of night work. You need to be prepared for this and be understanding of the reluctance of others to adapt to an inconvenient pace of life for them.
To minimize negative influence working for a lifestyle, it is necessary to carefully plan the daily routine or working week: how many hours per day/week will be devoted to social life, meetings, communication, maintaining connections, what time of day is convenient for both the employee and his entourage to organize meetings, how weekends will be planned, Is it possible to use remote means of communication to conduct social life (Skype, social networks, etc.).
In the future, you should try to stick to the planned schedule. This will help you structure your time and work without compromising your social life.
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