Night shift on weekends. How is night work paid on public holidays? Pros and cons for the employee

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 work time— 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 activity, 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Only with the written consent of the employees themselves can be withdrawn: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 hours of overtime work fell on the night, they are increased by both factors.

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 in holidays 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. Thus, the duration of the 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 for night shift accounts for 6 hours. 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 organizations;
• 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. There is no jurisprudence 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. loved one. Therefore, when deciding to work at night, especially on a permanent basis, each person is guided by his 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:

About what is in labor relations is understood as night time, who cannot work at night and how night work is paid, we told in ours. And we talked about paying for work on holidays in this. How do you pay for overnight hours on holidays?

Night hours on a holiday: payment

Since both night work and work on holidays provide for increased pay, night work on holidays implies the summation of the following surcharges:

• additional payment for work on holidays;
• extra pay for night work.

Recall that payment in an increased amount is made for hours actually worked on a non-working holiday (part 3 of article 153 of the Labor Code of the Russian Federation). Specific amounts of payment for work on a holiday are established by a labor or collective agreement, but not less than double the amount (parts 1.2, article 153 of the Labor Code of the Russian Federation).

Additional payment for each hour of work at night (from 22.00 to 6 o'clock) is also made in the amount established by the labor or collective agreement, but not less than 20% of the hourly tariff rate (salary calculated per hour of work) for each hour of work at night ( part 1, article 96, article 154 of the Labor Code of the Russian Federation, Government Decree of July 22, 2008 No. 554).

We remind you that work on holidays can be replaced by an employee at his request by providing time off. Then work on a holiday is paid at a single rate. Moreover, if the employee worked on holidays in accordance with his schedule, then such work cannot be replaced by a single payment and a day of rest (Recommendations of the Federal Service for Labor and Employment of 06/02/2014).

Payment for night hours on a holiday: an example

Here is an example of calculating the payment for night work on a holiday.

Suppose an employee's hourly rate is $250. Payment for work on holidays is made at double the rate, and surcharge for night work is 20% of the hourly tariff rate.

In accordance with the schedule, the employee worked from 16:00 on February 23, 2018 to 09:00 on February 24, 2018.

The pay for hours worked is made up of the following amounts:

In total, payment for work at the indicated time amounted to 6,650 rubles (3,000 + 1,100 + 1,800 + 750).

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 working on a day off, doing official duties at night it 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 on a non-working night shift, the surcharge increases 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 on a night shift on a holiday, the payment goes on special conditions of a non-standard workflow, for more details, see 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.

06/28/2018 The Constitutional Court issued Resolution No. 26-P, in which it clarified the procedure for remuneration on weekends and holidays of civilian personnel 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;

workers who are paid on a daily and hourly basis 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 the 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, a local regulatory act adopted taking into account the opinion of the representative body of workers, and 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 payment 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 decrease in their remuneration for work compared to the payment similar work performed on a normal business 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 the court ruling refers to the civilian personnel of military units, it is indicated that the interpretation of Art. 153 of the Labor Code of the Russian Federation is mandatory, this conclusion of 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 rates established by labor legislation and other regulatory legal acts containing labor law norms.

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 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 food and travel costs, compensation for the cost of gasoline and car wash, material aid to 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 - a special mode of operation, 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 employees 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 exempted from work on days weekly rest 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 work 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 a shift work schedule has been established, which implies work activities not only during the day, but also at night; the most common options are such modes as “day / night / 48 hours of rest”, or “a day in three”. Regardless of the principle by which the regime and routine are built, Labor Code The Russian Federation obliges to pay for labor activities at night in an increased amount, tk. 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, the 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 night work, 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 every hour of work outside established schedule must be paid in an increased amount, 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 are paid according to 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 labor activity during holidays and weekends, however, this should be reflected in the local acts of 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 the systematic violation of labor laws by the 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 work.