Who shouldn't work the night shift. What is the hours of operation at night
Most of the employed people in Russia work on a standard schedule - from nine in the morning to five in the evening. However, the Labor Code admits that daily and other types of schedules are possible, and this automatically implies work at night. If a person works at night, then he should receive a surcharge. The main issues on working night hours are determined by the 96th article of the Labor Code. As for wages, this issue is covered in the 154th article of the Labor Code. Each company determines the exact rules for payment independently in accordance with the Labor Code of the Russian Federation, Government Decrees and other relevant acts from the legislation.
What kind of work is considered night work?
Article 96 of the Labor Code of the Russian Federation establishes what exactly can be considered night time, for which additional payment is expected. It says here that the night in labor relations is the period from 22:00 to 6:00 in the morning.
Night time from what hour is considered
This period starts at 10 pm. At the same time, the duration of labor is reduced by exactly one hour without the need for post-processing. If a reduced shift is initially set for employees, then an additional reduction by an hour is not provided. Also, shifts are not reduced if a person was specially taken to work at night.
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Payment for work at night of the Labor Code of the Russian Federation
To date, the Labor Code does not determine the minimum amount of additional payment. This information is provided in various industry-specific regulations. The final decision on the amount of payment is made by the employer by his order.
Surcharge for night work of the Labor Code of the Russian Federation
The Labor Code, or rather its 154th article, establishes that each hour of work at night must be paid more than an hour of work during the day. Most often, the exact values \u200b\u200bare mentioned in the collective agreement, which is also signed during registration.
To date the minimum amount of the surcharge is twenty percent from the standard hourly rate or salary. If the employer establishes a lower surcharge, then he thereby violates the law.
Example of surcharge calculation
It is best to consider the features of the calculation for payment on a specific example. Let us assume that in one working month a person worked 180 hours, and of these 30 hours at night. The employment contract states that the salary of this employee is 20 thousand rubles. When recalculating, you can get an hourly rate: 20 thousand / 180 hours = 110 rubles. The order contains information that the surcharge for night processing is 50% of the hourly rate. Thus, for each such hour, an additional employee will receive 55 rubles. In total, the employee will have to receive 20 thousand + 55 x 30 = 21,650 rubles.
Sample order for night work
The name of the organization is written at the very top of the order. Further, the name of the document itself is also written in the center - “Order ...”. After indicating the date of the order and its number, the wording should sound something like this:
“In accordance with the 96th Art. from the Labor Code and due to the production necessity of performing work at night.”
Then, from a new line, according to the plan, comes the word “I order”, followed by a list of established norms. In these rules, theses can be written on the establishment of the time of work, which is considered night, on the involvement of workers in accordance with the written consent and the Labor Code, on the calculation of surcharges, on the choice of persons responsible for the execution of this order. At the end is a signature.
Are pregnant women allowed to work at night?
Pregnant women may not be exploited for night work, even if they give written consent to this. At the same time, the Labor Code mentions a list of persons who can be allowed to work at a later time if they provide such consent in writing. This list includes persons with disabilities, workers raising children with disabilities, women raising children under three years of age, single mothers and single fathers raising children under five years of age.
Night time is from 22:00 to 06:00. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement. The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act. To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night. The procedure for work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.
Legal advice under Art. 96 Labor Code of the Russian Federation
Question answered by phone
Question answered by phone
Question answered by phone
they can perform in a nightclub, subject to the morality of the work and that the work does not interfere with their studies, not necessarily in the presence of their parents
- Lawyer's response:
It is not allowed at night from 22-00 to 06-00. The concept of night time is given only in the Labor Code of the Russian Federation (Article 96). But in Moscow, for example, there is a city law on silence, where repair work is just very strictly regulated in time. It ends very early and on weekends there are also some troubles. But this is in Moscow! Most likely there are no such Laws in other cities, and certainly not in Rostov-on-Don. Therefore, all law enforcement agencies (not in Moscow) proceed from the generally accepted night time.
- Lawyer's response:
The Labor Code establishes the following additional guarantees for persons with disabilities who are in an employment relationship. Article 92 of the Labor Code determines that disabled workers of groups 1 and 2 are entitled to reduced working hours. It cannot be more than 35 hours per week. Article 96 of the Labor Code of the Russian Federation restricts the work of disabled people at night. It states that persons with disabilities, in accordance with a medical report, may be involved in night work with their written consent.
- Lawyer's response:
What's the difference? They are night-time and night-time in Africa, and Article 154 of the Labor Code of the Russian Federation establishes the obligation of the employer to compensate the employee for work at night. It is 20 per cent of the hourly rate or salary (calculated on an hourly basis) for each hour of night work. The same document, as well as Article 96 of the Labor Code, determines that the interval from 22:00 to 6:00 is considered night time. A collective agreement may establish a different amount of compensation.
- Lawyer's response:
Yes you can, but only with your written consent. Here is what Part 4 of Article 96 of the Labor Code of the Russian Federation indicates about this; “Women with children under the age of three ... may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.
Worked in the usual daily 40-hour mode. If you work at night, then by law you are required to transfer to a daytime schedule. Article 96. Work at night [Labor Code of the Russian Federation] [Chapter 15] [Article 96] Night work is not allowed ...
- Lawyer's response:
Bogdan Slavonich
What types of work are allowed at 14 years old, 16 years old, 18 years old?
According to part 1 of article 63 of the Labor Code, the employment of adolescents is permissible from the age of 16. An employment contract can also be concluded with a person who has reached the age of 15 to perform light work that does not harm his health (part 2 of article 63 ...
Indeed, there are lawyers who will answer your questions accurately and give confirmation in the Labor Code. Otherwise, a conversation with superiors will turn out as a scandal, and not as a defense of one's rights.
- Lawyer's response:
Articles 96, 154 payment for hours of night work is made at an increased rate, night time is considered from 22 to 6 hours, articles 103 and 104 shift work and summarized accounting of working hours. Overtime is paid after the end of the accounting period. The accounting period can be a month, a quarter, a year. Ask about your accounting period. As a rule, in graphite work, the accounting period is a year. Even for work on non-working holidays, payment is made in double the amount of Articles 112 and 153.
Together with parents..
The second group of disability has a lot of restrictions in work, a shortened working day, physical activity is contraindicated and without night shifts, I can honestly say, as a disabled person, that it is very difficult to get a job.
have nooooooooo that doesn't mean. that they will listen to you
They tell you nonsense .... The only way they can offer you to leave the shift from 9 am If you are required to work 8 hours, then you must leave "on the day", and not on the shift. What is the point of a partially worked shift? Someone else will do the work for you...
- Lawyer's response:
Indeed, according to the Labor Code of the Russian Federation, night time is considered from 22-00 to 6-00, i.e., according to your work schedule, there are 8 night hours per shift, but it should be noted that the time sheet probably does not indicate the duration of the work shift 12 hours (from 20-00 to 8-00), and 11 hours, because there should be a lunch break, and according to the Labor Code of the Russian Federation, lunch is not included in working hours. That is, if, according to the work schedule, the lunch break falls at night, then the number of night hours should also decrease by the time of the lunch break
You signed an employment contract, the working hours are indicated there, there are no violations of the Labor Code of the Russian Federation in terms of extra pay for night work by the employer. Your refusal to work will result in dismissal. You have no legitimate grounds for dissatisfaction.
- Lawyer's response:
Article 96. Work at night [Labor Code of the Russian Federation] [Chapter 15] [Article 96] Night time - the time from 22:00 to 06:00. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement. The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act. To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night. The procedure for work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.
- Lawyer's response:
What do you mean they don't screw up? Do you work for free? Or without a coefficient? Go to the employer, show the Labor Code and say that you will complain to the labor inspectorate. What they don’t have there is their problem! According to the Labor Code: Article 96. Work at night Night time is from 10 pm to 6 am. The duration of work (shift) at night is reduced by one hour without subsequent working off. ( as amended by the Federal Law of 30.06.2006 N 90-FZ) The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided for by the collective agreement. The duration of work at night is equalized with the duration of work during the day in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of these jobs may be determined by a collective agreement, a local regulatory act. The following are not allowed to work at night: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be familiarized in writing with their right to refuse to work at night. employees of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees , approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract. (As amended by the Federal Laws of 30.06.2006 N 90-FZ, of 28.02.2008 N 13-FZ) Article 149. Remuneration of labor in other cases of performance of work in conditions deviating from normal (as amended by the Federal Law of 06.30.2006 N 90-FZ) When performing work in conditions that deviate from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, weekends and non-working holidays and when performing work in other conditions that deviate from normal), the employee receives the appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract. The amounts of payments established by the collective agreement, agreements, local regulations, labor contract cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms.
Wrong. Of course, you can write a statement, but the result is unlikely to be positive. Contact the labor inspectorate by letter or online. They will come and check if the violations are confirmed, make a decision - everyone will pay.
Dear Alexey! The Labor Code establishes a ban on working in two shifts in order. This is when you left the night to work during the day. P if all the time at night, for example, after two days, then this is permissible.
The same as for mere mortals. Take the Labor Code of the Russian Federation, study. Read the labor code. Normal conditions, you can just switch to easier work. And you can reduce the working day by an hour (but this will affect the salary) Article 93. Part-time work ...
- Lawyer's response:
I don’t know where you got that working hours are from 24-00, and before that - in the evening ... Always night was considered from 22 hours ... But I found a document that you can present in court as an argument - Letter of the Ministry of Health and Social Development of Russia and Rostrud dated 10.28.2009 N 3201-6-, which says: "If the previously adopted regulatory legal acts in relation to certain categories of workers set higher rates surcharges, then such acts should be taken into account when establishing specific amounts of surcharges by a collective agreement, a local normative act, an employment contract. I agree with you that in many industries, by this Decree, the documents providing increased surcharges for night work have lost their force.
- Lawyer's response:
Girl, bring a certificate from a doctor about pregnancy, every 3 months, give it to the employer in the presence of witnesses, whom you will familiarize with it (certificate) and work as you want, even if you don’t work at all. A pregnant woman can only be fired if the organization is liquidated. What 12 hours, you are a pregnant woman, not a horse. Tell the employer if he tries to fire you or lower your salary (salary), you will go to the GIT and the COURT, and bring the GIT to him immediately. You can’t be fired, you can’t ...) neither for absenteeism, nor for being late, nor for anything! it will still be illegal and you will easily challenge this dismissal in court. He wants to let his cantor liquidate. Sit gnaw on a carrot for 5-6 hours and go home.
So they should have a lawyer in the state, who already receives a salary! Payment of expenses for a representative is probably dependent on the decision of the judge. what did the court decide? if the decision is in YOUR favor, then accordingly YOU HAVE THE RIGHT to demand from the HOA ...
Well, their infa contradicts the TC. Apply in writing and let them answer in writing. Dear Olga! In the Labor Code there is the concept of "night time", evening - no. This was even before historical materialism... That is, under Soviet rule. Now...
You have the right to take sick leave at any time and at any stage of pregnancy (at least a week))). this is the law. I advise you to do this - take a sick leave and then immediately go on maternity leave. Happy New Year!! Take care of yourself and baby.
- Lawyer's response:
Article 96 hours of work, as well as for workers hired specifically for night work, unless otherwise provided by the collective agreement. shift work with a six-day work week with one day off. The list of these jobs may be determined by a collective agreement, a local regulatory act. The following are not allowed to work at night: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night.
Another task? night work, see art. 96 tk They can attract you, because you have children over 3 years old and you are not raising them alone. dismissed under what paragraph of Art. 81? If you expressed your disagreement in connection with the change of essential working conditions...
- Lawyer's response:
Task No. 2 Article 122. New Code in Art. 122 provides for who can legally use leave before the expiration of the first six months of continuous work. Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted: for women - before maternity leave or immediately after it; for employees under the age of 18 years old; employees who have adopted a child (children) under the age of three months; in other cases provided for by federal laws. Task No. 3, Article 268 In accordance with labor legislation, it is prohibited to involve minors. The ban applies not only to night work, overtime work and weekend work, but also to work on non-working holidays and business trips. An exception is established for creative workers of the media, cinematography organizations, theaters, theatrical concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes. As can be seen from Art. 268, there should be lists of professions that are subject to an exception to the general rule, established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. Where do you learn that you can’t solve such easy tasks (I helped you only two tasks, think for yourself the rest) Don’t forget 10 points
- Lawyer's response:
Code of Criminal Procedure of the Russian Federation Article 5. Basic concepts used in this Code hours. Law of the City of Moscow dated July 12, 2002 N 42 "On maintaining the peace of citizens and silence at night in the city of Moscow" Article 1. Basic concepts For the purposes of this Law, the following basic concepts are used: Night time - the period of time from 23 hours to 7 o'clock.
- Lawyer's response:
Workers under the age of 18 have reduced working hours. establishes a normal working week of 40 hours. But it should be borne in mind that for employees under the age of 18, a reduced working week is established (Article 92 of the Labor Code of the Russian Federation), namely: for employees from 16 to 18 years old - no more than 36 hours. In addition, it also establishes for minors the maximum allowable duration of daily work (shift): for workers aged 16 to 18 years - no more than 7 hours. In addition, the Labor Code of the Russian Federation prohibits: to involve minors in overtime work; call on the night shift and on weekends: the prohibition of the use of labor of minors at night is established by article 96 of the Labor Code of the Russian Federation. The work shift of an employee under the age of 18 must begin no earlier than 6 a.m. and end no later than 10 p.m. The impossibility of concluding an agreement on full liability due to under 18 years of age is a serious obstacle to employment related to the maintenance of monetary and inventory values, other property. Thus, the work of a conductor involves work at night and on weekends, and the duration of working hours will far exceed the established norms. This means that this work for a 17-year-old is unlikely to comply with the Labor Code.
- Lawyer's response:
Article 96 - Work at night Night time is the time from 10 p.m. to 6 a.m. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement. The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act. To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night. Article 154. Payment for work at night 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 normative legal acts containing labor law norms. The minimum wage increase for night work is established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The specific amounts of wage increases for night work are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.
In fact, in January 2011, a law was passed according to which a person is not required to work out these 2 weeks, if only at will!
- Lawyer's response:
There is not enough space to list all the benefits, since you can be treated and equated as a single mother to other categories of citizens eligible for benefits. Therefore, I will give links to some rules of law that talk about benefits, etc., for mothers in the general sense and for single mothers (single mothers) in particular: 1. Articles 96, 259, 261, 263 of the Labor Code of the Russian Federation: 2. Subparagraph 2 of paragraph 3 of Article 14 of the FEDERAL LAW dated 06/24/1999 N 120-FZ (as amended on 07/23/2008) "ON THE FOUNDATIONS OF THE SYSTEM FOR THE PREVENTION OF NEGLECT AND INFRINGEMENTS INCOMPLETE SUMMER "3. FEDERAL LAW of 05/19/1995 N 81-FZ (as amended on 12/25/2008) "ON STATE BENEFITS TO CITIZENS WITH CHILDREN" (adopted by the State Duma of the Federal Assembly of the Russian Federation on 04/26/1995) (as amended and supplemented, effective from 01.01. 2009)4. FEDERAL LAW No. 256-FZ of December 29, 2006 (as amended on December 25, 2008) "ON ADDITIONAL MEASURES OF STATE SUPPORT FOR FAMILIES WITH CHILDREN" (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 22, 2006)5. Part 5 and 6 of Article 99, Article 100 of the Criminal Executive Code of the Russian Federation6. Articles 23 and 29 "FUNDAMENTALS OF THE RUSSIAN FEDERATION'S LEGISLATION ON PROTECTION OF THE HEALTH OF CITIZENS" (approved by the Supreme Court of the Russian Federation on July 22, 1993 N 5487-1) (as amended on December 30, 2008)7. Section 2 of the PROCEDURE FOR APPOINTING AND PAYING MONTHLY COMPENSATION PAYMENTS TO CERTAIN CATEGORIES OF CITIZENS, approved by the Decree of the Government of the Russian Federation of 03.11.1994 N 1206 (as amended on 04.08.2006)8. , is not entitled to request information about an employee from any organization without the written consent of this employee. On the other hand, the Labor Code of the Russian Federation provides for special grounds for terminating an employment contract due to an employee's disability. One of them is enshrined in paragraph 5 of part 1 of Art. 83 of the Labor Code is the recognition of an employee as completely incapable of working in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. I draw your attention to the fact that if you do not inform your employer about your disability, you will not incur any related sanctions. However, at the same time, you lose the right to receive some benefits under the labor law. For example, you will not be assigned reduced working hours - 35 hours a week (Article 92 of the Labor Code of the Russian Federation), you will be involved in overtime work, work at night, on weekends and holidays on a general basis (Articles 96, 99, 113 TC RF). In other words, you will perform your duties on an equal basis with other employees who are not disabled.
- Lawyer's response:
1. Why are you going to write some kind of application for exemption from night duty?? ? You are exempted from them a priori by virtue of the law. On the contrary, the employer must obtain your consent to be involved in them, and when you return to work on December 14, you must be notified in writing of the right to refuse them. 2. Before leaving, write a statement: In accordance with Art. 260 of the Labor Code of the Russian Federation, I ask you to provide me with part of the annual paid leave in the amount of 10 days, as well as provide additional days of rest, laid down in accordance with Art. 186 of the Labor Code of the Russian Federation for blood donation (indicate the days of blood donation). Reasons: certificates in the form N 402 / y dated (specify dates)
Evdokia Pavlova
Article 96 consultation Call +
Svetlana Davydova
Subject of my question: Consultation with a lawyer right now.
Lilia Nikitina
Hello! When passing through a medical examination, I was given a conclusion on the prohibition of night shifts for work as a watchman. ALL doctors signed GOODEN! He also provided computed tomography, where the conclusion reads - Condition after right-sided lobectomy from 2017. CT signs of COPD (emphysema) ICD calculi ChLS of the right and left kidneys. The attending physician oncologist has signed a pass, there are no contraindications. How to be in such a situation?
Ilya Pudovikov
After how many hours do you need to call back at night, according to labor law?
Anna Mironova
help deal with the article ??? article 96 of the Labor Code of the Russian Federation. To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws.
Evgeny Karagodin
From what time and until what time can you make repairs in an apartment in Rostov-on-Don? better link to the article .. thanks in advance
Valeria Koroleva
How many hours a week a person should work. With a second disability group (working group).
Vyacheslav Smekalkin
Is there a charge for night hours on weekends?
Natalia Stepanova
Can I go to work with night shifts if I reissue parental leave for up to 3 years to my husband?
Egor Shusherin
What mode did you work during pregnancy?
Galina Gromova
Is it possible to involve a mother with a child under 3 years of age forcibly in the night shift? I need a link to an article. Thank you in advance.
Alena Markova
is it possible for a pregnant woman to work in production on the return shift and at night, the work is standing and the same type
Maxim Cheburashkin
I am a single mother
Vasily Diligensky
Question about night shifts (sm.vn) please help with advice. ((. Work at night. The question is I work in the warehouse as an assistant storekeeper on Friday, the boss gathered the entire warehouse and said that from May 1, our warehouse is switching to night shifts, we work two days at home from 00.00 to 6 in the morning. At the same time, he said, which will very soon give us all a paper to sign that we are switching to night shifts and attach it to our already existing contract.After reading the law on night shifts there, I read that night shifts start at 22:00, and our boss told us that we will have it, it starts at 00:00? Is this a violation of the law? Or does he just not want to pay for the extra 2 hours? He spoke about shipments of all kinds of supplies, but did not talk about what kind of payment we would have for food the company does not provide us, the whole day I work on my feet. The boss also said that according to the Labor Code (although we know very well that he was banned, now the Labor Code of the Russian Federation we can refuse night shifts (but this is not recommended, we are all friends. He could also say to bring a certificate from a doctor if work at night is contraindicated. If I do not sign the annex to the contract, what will I do for it? Does he have the right to be fired? What conditions must an employer provide during inaccurate hours? On what basis are night shifts paid at a double rate? Can I refuse to work night shifts? And after this refusal, can the employer demand to write a letter of resignation? Since after 18 hours I have a mess in my head, I get tired, I can’t think normally, therefore I will only do harm at work, I’ll confuse it, I’ll put it that the thread is not right in general after 17 hours I don’t understand anything what to do how to act?
Ekaterina Komarova
Please tell me! What additional payments should an employee working in a 12-hour shift receive according to the labor code? I work as an operator for 12-hour shifts (2 through 2), in total, 15 shifts go out per month. Does my manager have to pay me for night shifts and overtime? If possible, a link to the articles of the Code.
Evgenia Mironova
Can teenagers (16 years old) perform in a nightclub?. despite the fact that their parents are in the hall with them
Pavel Romshin
what does II group of disability mean? Is it possible to work
Julia Davydova
I work 2/2 to 12 hours in the store. Do I have the right to ask to reduce the slave. time up to 8 hours due to pregnancy?
Zhanna Soboleva
Question about the 12 hour shift for HR
Fedor Skobelev
How to calculate night hours to fill out a time sheet. Does the shift work from 8:00 pm to 8:00 am?
Evgeny Volnov
Is it possible to refuse to work at night time, the whole team of the enterprise? night shifts pay 20%
Valentin Marushkevich
My child is 3 years old, I work in a state institution, do they have the right to force me to work in the evening until zero o'clock? And on New Year's Eve, and generally until 6 in the morning, I work in the House of Culture, I have two children, I can’t constantly leave them alone, for what and for whom ???? Is there any law?
Daria Makarova
I work in a supermarket 24 hours, night shifts are not paid: because the tax store is listed as not round the clock!. Can I sue them, if it makes sense to prove anything????
Evgenia Solovaeva
Compensation for dismissal .. Tell me. I work as a cashier. Every month I have 3 hours of night time in my work schedule. I used to be paid for these hours, but now I received an answer from the personnel department that the time will be paid only from 22.30. Is it correct? And can I write a letter of resignation with compensation for non-compliance with the labor law of the Russian Federation. How to do it? Thank you.
Diana Kolesnikova
How many night shifts in a row are allowed to work under the labor legislation of the Russian Federation?
Tatyana Dmitrieva
What are the working conditions for pregnant women??? according to the law!! ! how long should a working day be for pregnant women? ?
Svetlana Semenova
In what amount and why should the employer pay me night hours at an increased rate if I work 22 hours ... I worked as a projectionist - therefore I refer in part to Article 96. Work at night [Labor Code of the Russian Federation] [Chapter 15] [Article 96 ] Night time - time from 10 p.m. to 6 a.m. worked in difficult conditions - and this is recognized - the work of a projectionist is difficult - how much interest should they be paid for work at night? 2008? 554 are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, an employment contract. The LAW signed by Putin was adopted in 2008 and made for the employer 20% is guaranteed to us by the state, but the rest up to 50% can be obtained only after the attestations - and as we know, the employer always reduces such a payment. Let's look at Art. 423 of the Labor Code of the Russian Federation, which states that all normative, legal acts and laws that existed before the collapse of the Soviet Union are still valid today, are applied without contradicting the code and are determined by specific consideration and appropriate interpretation. Conclusion - the law signed by Putin is not legal - we should also be paid at least 40 % when working at night from 10 p.m. to 6 a.m.
Georgy Pozvonkov
how can a pregnant woman be transferred to light work? reduce working hours? (if I work 12 hours 2/2) or transfer to another position? can I choose to reduce the time myself or another position?
Artur Kozakov
The HOA filed a lawsuit for recovery. owe on whom. boards. I have documented that there is no debt. Require payment of representation expenses. Legal?
Yuri Semernik
Paying for night hours
Egor Vinyarsky
before maternity leave 1 month they don’t give easy work worked (officially) at night as a baker.
Elizaveta Borisova
Natalya Efimova
I have two children (3 and 4 years old). I was recruited for night work due to business necessity...
Larisa Gromova
People help me to answer the questions rightly.... Question №1Sixteen-year-old K. came to work as a courier in the editorial office of the city newspaper. However, after looking at his documents, the boss refused to hire K., referring to the fact that the editorial office needed a full-time employee, and K. would continue to study and he would have to be released from work earlier. Is the leader's action correct? What should K. do in this case? Question No. 2 Sixteen-year-old draftswoman T., having worked at the research institute for three months, asked the administration to grant her another vacation in July. Her immediate supervisor refused to sign the leave application on the grounds that the first regular leave is granted to the employee no earlier than six months after the start of work. Is the leader right? Justify your answer. Question #3 The workshop director issued an order to transfer a seventeen-year-old worker to work on the night shift. The worker turned to the trade union committee with a request to explain to him whether he must comply with this order. The trade union committee explained to him that in accordance with labor laws ... (Finish the sentence.) Question No. 4 A woman with two small children turned to the personnel department of the plant with a request to hire her, but take into account that the children need care . What mode of working time should be offered to her at the plant, taking into account her situation? a) normal duration; b) reduced duration; c) part-time workQuestion No. 5 Driver V. went to work with the state. car depots in a small business. Six months later, in the summer, he asked me to introduce him to another vacation, to which the owner said: "Now is the hottest time. So you'll go on vacation in the fall." To V.’s attempt to refer to labor law, the owner objected: “It was at your motor depot that you could“ download rights ”, but here I am the owner, and for you my decision is the law.” Question No. 6 While repairing the fence at his summer cottage, mechanic Sh. injured hand with a hammer, fell ill for two weeks and asked to pay for the days missed due to illness. At the plant, he was told that he had a domestic injury and therefore it was not possible to pay for the ballot. Whose position is in line with labor law? Justify your answer.
Zhanna Bogdanova
What is the correct way to call the time? Does anyone know if our legislation fixes the periods of the day? I know that: from 6 to 11:59 in the morning, from 12:00 to 17:59 in the afternoon, from 18:00 to 22:59 in the evening, from 23:00 to 5:59 night. but for the life of me, I can't find where it's fixed? who knows? with reference to regulation
Vladimir Bulgak
Is it possible to work as a conductor of passenger cars from the age of 17?
Vadim Chetvertinsky
if the organization introduced night shifts, should they be paid at a different rate?
Fedor Khomishin
URGENTLY!!! One of my acquaintances has been working as a janitor for less than 3 months. How can he quit without working 2 weeks? The main issue is that he found another better paid job (security guard) and has already signed a contract. Tomorrow he will go out into the night, and the former employer says that he must definitely work for 2 weeks. Since he himself is still a schoolboy and got a job as a janitor during the summer holidays, I offered him the following options for resolving the issue: 1) Write an application for a 2-week unpaid leave for personal reasons, then just come and quit, taking money for the work done; 2) Just leave, leaving a work book, since, I think, he doesn’t really need a three-month experience as a janitor.) But, in this case, he will not receive money for the month worked (approximately 3,750 rubles), but at his future place of work he will be able to return everything in full; 3) Try to take the money for the time worked and just leave ... Maybe you can suggest something else? Many thanks in advance!
Vasily Krutiporoh
what payments, allowances and subsidies are made to single mothers? what are the benefits? announce the whole list, please!... and also a student... I know about the lump sum... and that's it...
Maxim Myskov
sample letter of request for employment without nights. I am an ambulance worker! Our employment contract has a schedule of 8 hours, 12 hours, 24 hours. (you can choose). 1. I leave as I wrote - December 14 - so I can not write what date I leave, because once I wrote ahead of schedule I'm not going to .... Right? 2. But I want to write to be released from the night because I am a parent raising a daughter alone (Article 96 of the Labor Code of the Russian Federation) and preferably for 8 hours. How should this be reflected in the application? 3. there is a certificate from the medical commission that it is exempt from night stays for health reasons ... - is it necessary to attach it to the application and mention it if the exemption from night stays is regulated by the Labor Code of the Russian Federation, is it not better to provide it after the child is five years old - when TC expires?
Night work is necessary to ensure a continuous production process or due to its duration and a number of other reasons. However, employees of not only commercial structures, but also state and municipal institutions are involved in work at night. In the article, we recall the main points of applying this mode of operation, taking into account the nuances existing in the legislation, we will talk about the guarantees provided, and we will also deal with wages and give examples of its calculation.
Fundamentals of getting to work at night
The main provisions regarding night work are listed in Art. 96, 149, 154, 224, 259, 268 of the Labor Code of the Russian Federation. At the same time, Part 1 of Art. 96 stipulates that night work is considered to be work in the interval from 22.00 to 6.00. Labor legislation establishes restrictions on engagement in night work. So, in Art. 96 names the categories of persons who cannot be involved in work at night, even if only part of the work falls on this time:
- pregnant women (Article 259 of the Labor Code of the Russian Federation);
- employees under the age of 18, with the exception of persons involved in the creation and (or) performance of works of art, and athletes (Articles 268, 348.8 of the Labor Code of the Russian Federation).
Article 96 of the Labor Code of the Russian Federation also establishes categories of persons who are allowed to work at night only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. These include:
- women with children under the age of three;
- disabled people and employees with disabled children;
- employees caring for sick members of their families in accordance with a medical certificate issued in the prescribed manner;
- mothers and fathers raising children under the age of five without a spouse (wife), as well as guardians of children of this age.
The named persons must be familiarized in writing with their right to refuse to work at night, in connection with which the form of the document, under which the employee’s consenting signature is placed, must contain excerpts from Art. 96 of the Labor Code of the Russian Federation on his right to refuse to work at night.
For your information. Guarantees provided to women in connection with motherhood, in particular, the restriction of night work, apply to fathers raising children without a mother, as well as to guardians (custodians) of minors (Article 264 of the Labor Code of the Russian Federation).
Note that in terms of familiarizing employees with the right to refuse to work at night, the following options are possible.
If work at night is due to the mode of working hours itself (for example, shift work), then it is possible to familiarize the employee with his right to refuse such work once - at the moment when the appropriate work mode is established for the employee.
If the need to work at night arises from time to time, then the employee should be acquainted in writing with the right to refuse such work each time.
Consent to night work can also be expressed in the job application. The details of such an application, together with the details of a medical report indicating that the employee is not prohibited from working at night for health reasons, should be indicated in the employment contract.
Let us clarify that the Procedure for issuing certificates and medical reports by medical organizations to the categories of employees under consideration is currently established by Order of the Ministry of Health and Social Development of the Russian Federation of 02.05.2012 N 441n. Disabled workers in accordance with Art. 11 of the Federal Law of November 24, 1995 N 181-ФЗ “On the Social Protection of Disabled Persons in the Russian Federation”, an individual rehabilitation program is issued, which is mandatory for organizations of all forms of ownership and provides recommendations for performing work at night.
It should also be noted that, for personal reasons, employees may hide the fact that night work is contraindicated for them, for example, for health reasons or due to the fact that they provide for disabled children. Here the employer's hands are tied - he cannot verify the accuracy of the information provided by the employee and is not entitled to ask the applicant for other documents, in addition to those provided for in Art. 65 of the Labor Code of the Russian Federation, except for the case when the obligation to request additional documents is established by federal laws, decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation. And if during the course of work it turns out that the employee’s right to work at night is limited, the employer will not be liable. But such an employee will need to be transferred in accordance with Art. 73 of the Labor Code of the Russian Federation for other available work that is not contraindicated for him for health reasons. If the employee refuses the proposed transfer or there are no suitable jobs in the institution, the employment contract can be terminated on the basis of paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.
If the employer knew about medical contraindications, but still involved an employee to whom such work is contraindicated for health reasons, then he may be held administratively liable.
When engaging in night work, it must be remembered that, depending on the category of employees and the type of work performed, the duration of duties at night may be normal or reduced.
It should also be borne in mind that according to parts 4 and 5 of Art. 103 of the Labor Code of the Russian Federation in a situation where employees are hired for shift work, the following are established:
- prohibiting them from working for two shifts in a row (for example, immediately after working on the night shift, you cannot continue to work on the next shift);
- the obligation of the employer to bring the shift schedules to the attention of employees no later than a month before the entry into force.
Working time
According to part 2 of Art. 96 of the Labor Code of the Russian Federation, the total duration of work (shift) at night is reduced by one hour without further revision. For example, if during the day shift an employee is at the workplace for eight hours and one hour is allotted to him for a break, then during the night shift such an employee will work only seven hours and he will also be given an hour for a break. The fact is that, taking into account its specifics, work at night is difficult, unusual for a person, affects his well-being (more fatigue, less stress resistance, mistakes may become more frequent). These factors not only affect productivity, but also increase the likelihood of accidents.
For your information. The employee must be provided with a break for rest and meals of no more than two hours and no less than 30 minutes, which is not included in working hours. For some types of work, additional breaks for rest and heating are provided, which are included in working hours. At the same time, the time for providing a break and its specific duration are established by the internal labor regulations or by agreement between the employee and the employer (Articles 108, 109 of the Labor Code of the Russian Federation).
Here we note that even with a reduction in the time of work at night, the Labor Code of the Russian Federation does not contain provisions on the reduction of the established norm of working time - it should not decrease if the duration of the work shift is reduced at night. That is, the work schedules should be calculated in such a way as to ensure working out in compliance with the monthly (quarterly, annual) norm of working hours.
However, there are exceptions to every rule. So, part 3 of Art. 96 of the Labor Code of the Russian Federation provides that at night, working hours are not reduced for employees of the following categories:
- for whom a reduced working time was initially set (for example, persons employed in work with harmful and (or) dangerous working conditions, medical, pedagogical workers, minors). In labor contracts with employees in this case, it is necessary to indicate that they belong to a category for which the law establishes reduced working hours. It is also possible to additionally prescribe the condition that during night work their working hours are not reduced in accordance with the Labor Code;
- for those taken specifically for work at night. Their employment contracts should include a clause on night work - this is mandatory due to the provisions of Art. 57 of the Labor Code of the Russian Federation.
At the same time, the legislation does not prohibit the establishment of reduced hours of work at night in the listed cases; for this, an appropriate condition must be prescribed in the local regulatory act of the institution.
For your information. The reduced duration of work (shift) at night should be distinguished from the reduced duration of working hours established by Art. 92 of the Labor Code of the Russian Federation.
Also, in some cases, the duration of work at night and during the day - for example, when it is necessary for working conditions, in shift work with a six-day working week with one day off. The list of these works may be determined by a collective agreement, a local normative act (part 4 of article 96 of the Labor Code of the Russian Federation).
It should be noted that the procedure for the work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, local normative act, labor contract. The list of these professions and positions of creative workers was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.
Accounting for night work
According to part 3 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. For this, the unified form T-13 "Timesheet" approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 can be used. In this case, the timesheet is filled out as follows. In the upper lines of column 4, opposite the name of the employee, the code of work at night (code "H" or "02") is put down, and the duration of work in hours, minutes is indicated in the lower lines. If an employee starts working during the day and then continues at night, then a second line can be provided in the time sheet for the same employee. In these lines, you should separately indicate the time of work during the day (code "I" or "01") and at night (code "H" or "02").
However, for this it is necessary to know the norm of working hours for certain periods (month, quarter, year), which is calculated on the basis of the estimated schedule of a five-day working week with two days off in accordance with clause 1 of Order N 588n * (1). It is calculated based on the duration of daily work (shift) and is:
- with a 40-hour work week - 8 hours;
- if the duration of the working week is less than 40 hours - the number of hours obtained by dividing the established duration of the working week by 5.
We add that on the eve of non-working holidays, the working time is reduced by one hour.
In accordance with Part 2 of Art. 112 of the Labor Code of the Russian Federation, if a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday. If the suspension of work in the institution is not possible on non-working holidays due to production, technical and organizational conditions, then the transfer of days off, provided for in Part 2 of Art. 112, is not carried out (clause 2 of Order N 588n).
The norm of working time calculated in the prescribed manner applies to all modes of work and rest.
Ensuring conditions for the passage of workers
When introducing night work, the employer should take into account a number of factors:
1) coordinate the beginning and end of night shifts with the schedules and routes of public transport in order to create maximum convenience for employees;
2) take appropriate measures to eliminate or reduce additional costs associated with travel and improve the safety of employees during night crossings;
3) provide means of transport if public transport does not operate at this time of the day;
4) to provide compensation for additional transportation costs at night.
Note: if the need to deliver employees is related to the mode of operation or the location of the enterprise, or if employees do not have the opportunity to get to and from work by public transport, then the provision of free delivery or reimbursement of travel expenses for employees in this case is not considered as their economic benefit (income). Accordingly, there is no need to withhold personal income tax from such income. This position is confirmed by the letters of the Ministry of Finance of the Russian Federation of March 6, 2013 N 03-04-06/6715 and October 20, 2011 N 03-03-06/1/680. We also believe that labor or collective agreements should provide for payment or travel conditions for employees.
Pay at night
In accordance with paragraph 7 of Art. 2 of the European Social Charter of 05/03/1996 (in the Russian Federation this document entered into force on 12/01/2009), in order to ensure the effective exercise of the right to fair working conditions, it is necessary that workers employed in night work receive benefits that take into account the special nature of this work . This provision is reflected in 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 both labor legislation and other regulatory legal acts. At the same time, the specific size of the increase is established by the employer in the collective agreement or other local regulatory act of the institution (Decision of the Armed Forces of the Russian Federation of December 24, 2009 N GKPI09-1403). Recall that it does not matter whether the employee works at night constantly (accepted specifically to perform work at night) or from time to time.
It should be noted that payments of a compensatory nature in accordance with paragraph 3 of the List of types of payments of a compensatory nature in federal budgetary, autonomous, state-owned institutions, approved by Order of the Ministry of Health and Social Development of the Russian Federation of December 29, 2007 N 822, include payments for work in conditions that deviate from normal (with performance of work of various qualifications, combination of professions (positions), overtime work, work at night and when performing work in other conditions that deviate from normal). That is, the employees of these institutions are subject to all provisions for wages at night.
For your information. According to Decree of the Government of the Russian Federation of July 22, 2008 N 554 "On the minimum amount of wage increases for work at night", the minimum amount of additional payment for work at night is 20% for each hour of work at night and is determined based on the hourly tariff rate (salary calculated per hour of work) excluding other surcharges and allowances.
Accordingly, if the surcharge for night work is set by regulatory legal acts at a rate greater than 20%, then the surcharge must be made based on the terms of the regulatory legal act (Letter of Rostrud dated 10.28.2009 N 3201-6-1).
When determining the surcharge for night work, one should not forget about the norms of departmental regulations. For example, Order of the Federal Drug Control Service of the Russian Federation dated October 30, 2008 N 364 approved the Regulations on the remuneration of medical and pharmaceutical workers of medical institutions of the Federal Drug Control Service of the Russian Federation and medical divisions of territorial bodies, educational institutions of the Federal Drug Control Service of the Russian Federation, according to clauses 7 and 8 of which:
- employees of medical institutions and departments are given an additional payment of 50% of the hourly tariff rate (official salary) for each hour of work at night;
— employees of medical institutions and departments engaged in the provision of emergency, emergency and emergency medical care, field personnel and communications workers of the emergency medical department are paid extra for night work in the amount of 100% of the hourly tariff rate (official salary).
We also want to draw your attention to the fact that employees of some categories of extra pay for night work in an increased amount are provided for by industry agreements. And if surcharges for night work are established by both the normative act and the industry agreement, then the employer is obliged to apply the most favorable provisions for the employee.
In addition, night workers are subject to rules providing for additional payment if overtime work is performed on weekends or holidays. That is, employees are entitled to appropriate surcharges for each of these grounds.
Note! If the institution uses a rolling work schedule, then work that falls on weekends should be paid in a single amount.
At the same time, hourly tariff rates for determining additional wages for work at night are calculated * (2):
- employees whose work is paid at daily tariff rates - by dividing the daily rate by the corresponding length of the working day (in hours);
- employees whose work is paid at monthly rates (salaries), - by dividing the monthly rate (salary) by the number of working hours according to the calendar in a given month.
Separately, we note that in addition to the additional payments considered by local regulations, the employer may provide for other, additional forms of material compensation for work at night in order to motivate staff. However, the employer should also use "moral" incentives - for example, provide additional social services (voluntary medical insurance).
Consider examples of calculating wages at night.
Example 1
In a health care institution, drivers of ambulances have a summarized record of working hours with an accounting period of a month.
Surcharge for night work is 50% of the hourly rate.
In September 2013, the driver worked 168 hours, 56 of them at night.
The hourly tariff rate for drivers is set at 100 rubles.
During the daytime, the driver worked 112 hours (168 - 56).
Wages for daily hours of work will be 11,200 rubles. (112 hours x 100 rubles).
Salary for night hours - 8,400 rubles. (56 hours x 100 rubles x 50%).
That is, for September 2013, the driver will be paid a salary of 19,600 rubles. (11,200 + 8,400).
Example 2
The official salary of an employee is 15,000 rubles. With a 40-hour working week established in the institution, according to the time sheet in September 2013, the employee worked 112 hours during the day and 56 hours at night. The working hours for this month are 168 hours. For each hour of work at night, the collective agreement establishes an additional payment of 30% of the hourly tariff rate.
The employee worked the normal working hours.
The hourly rate of an employee in September 2013 was 89.29 rubles per hour (15,000 rubles / 168 hours).
The amount of additional payment for work at night will be 6,500.31 rubles. (89.29 rubles per hour x 56 hours x 30%).
During the daytime hours, the employee should accrue 10,000.48 rubles. (89.29 rubles / hour x (168 hours - 56 hours)).
Accordingly, the accrued amount of remuneration will be 16,500.79 rubles. (6,500.31 + 10,000.48).
Night time is from 22:00 to 06:00.
The duration of work (shift) at night is reduced by one hour without subsequent working off.
The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.
To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night.
The procedure for work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.
Commentary on Article 96 of the Labor Code of the Russian Federation
1. Night work adversely affects human health, so a number of ILO recommendations call for its limitation.
To mitigate the unfavorable factors of working at night (from 10 p.m. to 6 a.m.), the commented article establishes a rule according to which, when working at night, the duration of a shift is reduced by 1 hour. . Night work is paid at an increased rate (Article 154 of the Labor Code).
The duration of work at night can be equated with work during the day only in cases where this is caused by the conditions of production (for example, in shift work with a 6-day working week; in continuous production, etc.).
The hours of work at night are not reduced for employees for whom a reduced working time limit has been established.
2. According to part 3 of the commented article, the duration of work at night is not reduced even if the employee is hired specifically for work at night. So, the duration of night work of a night watchman is calculated on the basis of a 40-hour work week. Consequently, the weekly norm of hours of working time is not reduced. Therefore, the shift schedule should ensure the development of a 40-hour work week.
3. The commented article contains only an approximate list of workers who cannot be allowed to work at night. In addition to the categories of workers named in the article, pregnant women, workers with tuberculosis (according to the conclusion of the medical commission), and other categories of workers are exempted from night work. In accordance with labor legislation or on the basis of a collective agreement, fathers, guardians and caregivers raising children without a mother, and certain other workers are exempt from night work.
4. The refusal of employees to work at night cannot be considered as a violation of labor duties. The inadmissibility of attracting these categories of workers to work at night also applies to those cases where only part of the shift falls at night.
5. Work at night is paid at an increased rate established by the collective agreement (regulation on wages) of the organization, but not lower than provided by law.
Women with children under the age of 3 may be allowed to do such work, but only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report.
At the same time, women with children under the age of 3 must be informed in writing of their right to refuse to work at night.
Recommendation No. 178 of the ILO contains the provision that at any time during pregnancy, as soon as it becomes known, female workers working at night are assigned, at their request, to day work, if this is practicable.
In cases of shift work, the composition of night shifts should take into account the special circumstances of workers with family responsibilities, workers in training and older workers.
