From what hour is night time considered? How is work at night paid according to the Labor Code of the Russian Federation?

Working at night has certain restrictions.

First of all, this concerns the time frame, as well as the impossibility of attracting certain categories of employees to work during this period. The provisions enshrined in Articles 154 and 96 of the Labor Code of the Russian Federation regulate at night. However, Article 154 raises many questions, and its implementation is often checked by the labor commission, since no one is immune from violations.

IN Russian Federation According to the labor code, night time refers to the period from 10 pm to 6 am the next day. At this time, it is officially prohibited to listen to loud music, make repairs, etc. Work during this period of the day refers to. In some organizations where shifts last until 11 pm, employers often neglect their obligations and do not pay an increased rate for hours worked. This should not be the case, even the period from 22 to 23 hours should be paid in accordance with the provisions enshrined in Article 154 of the Labor Code of the Russian Federation.

Who is contraindicated for working at night?

According to the law, working at night is considered unfavorable. Consequently, there are certain categories of citizens who are prohibited by law from working during this period, or such work requires the official consent of the employee. At the legislative level, night work is prohibited:

• pregnant women;
• employees who.

An exception may be activities related to the creation of works of art.

Who can be involved in night work only with consent?

The list of categories of citizens who need protection does not end here. The legislation identifies another category of employees, whose involvement in night work is permitted only with their written consent. In addition, workers in this category should be aware that they have the right to refuse such work.

This list includes:

• disabled people;
• employees who;
• workers raising children under 5 years of age;
• workers who care for patients.

Procedure for remuneration for night work

This issue is regulated by law, specifically Articles 154 and 96 of the Labor Code of the Russian Federation, and has its own characteristics. There are main ways that determine an increased wage rate:

• In accordance with the law, wages during the night period are regulated by the Labor Code of the Russian Federation. The provisions of Article 154 of the Labor Code of the Russian Federation stipulate that the minimum additional payment should be 20% of the salary. Previously, before the adoption of the Government resolution, this minimum rate was 40%. This payment amount may vary, but only in accordance with the regulatory legal acts. In general, the amount of payments depends solely on the organization, but a minimum of 20% must be paid in any case.
• The amounts of additional payments for night time are determined mainly employment contract or other internal documents of the organization. This can be either a one-time order or a written item in the labor or employment document.

Such conditions can most often be found in companies where the specifics of their activities require a shift work schedule.

Art. 96 of the Labor Code of the Russian Federation establishes a provision that states: work during the night period should be one hour less than the same work during the day shift.

The same applies to holidays and non-working days. Reducing the work shift is mandatory and enshrined in law. Deviation from the established provisions is possible only in the following cases:

• If the employees already work.
• Reducing shift hours is not possible due to certain characteristics of the organization. These may be specific working and production conditions.

Certain types of activities, for example, security, require work at night on an ongoing basis. In order to save management from unnecessary numbers and calculations, the employee is initially credited with 20% or more. Thus, employees who regularly work at night will have their salaries increased automatically.

Often, medical workers also work the night shift. Working in the healthcare sector has its own challenges. At the legislative level, provisions are enshrined that for medical workers an additional payment of 50% of the salary is made. Ambulance workers receive a surcharge of 100%. However, the amount of payments still depends on the solvency of the individual medical institution. However, a minimum rate of 50% must be paid in any case.

Mandatory additional payment for night work for other categories of employees cannot fall below the minimum threshold of 20%, but for certain types activities are also subject to increased tariffs. These categories include:

• Military, fire and security guards - 35%.
• Employees of housing and communal services and public services - 35%.
• Immigration checkpoint employees - 35%.
• Railway service workers - 40%.
• Employees educational institutions, as well as workers in the field of healthcare, culture and social protection - 35%.

The manager is assigned the responsibility of monitoring and recording night shifts and overtime in order to pay full wages on time. Some managers neglect this rule.

If an employee notices non-compliance with the provisions of the articles, he has every right to file a complaint.

For now, labor inspection carries out special control because the number of violations exceeds the norm. Employees are not aware of their rights, and employers are trying to hide from their responsibilities. Many employees prefer to work in the second half of the day, since wages may differ significantly from the same salary for a day shift. However, it is always worth remembering your rights and responsibilities; any work must be properly paid and not cause serious harm to human health.

Before engaging an employee to work at night, the law obliges the employer to obtain written consent from the employee. With employees for whom night time is a constant, clauses on night shifts are negotiated and enshrined in the employment contract. For one-time work, an order is issued.

Working at night directly for employees has both positive and negative aspects. The main positive points include:

• opportunity to receive high salaries;
• sufficient time for other “daytime” activities;
• low, and in some cases complete lack of management control.

The main disadvantages for employees working night shifts include:

• lack of a proper daily routine and, as a result, healthy sleep;
• lack of opportunity to communicate with family and friends due to differences in work schedules;
• if work at night is hard, then the weekend is usually spent recuperating, and, therefore, there will be virtually no free time;
• It is quite difficult to adjust the body to an unstable schedule;
• lack of communication as such with colleagues, clients, and so on.

This list is general, because each organization, each job has its own characteristics.

You might be interested

In the corporate work life of an organization, the question often arises about the need for workers to work at night. There is also a category of workers whose work is needed only at night (for example, night watchmen). However, the state provides protection for such workers, which manifests itself in the form of an increase in wages by a certain percentage, as stated in Article 154 of the Labor Code of the Russian Federation. In this article we will tell you how the additional payment for night work is calculated, and we will give an example with formulas.

When can an employee receive an allowance for night work?

When talking about night work, it is important to know the exact definition of this period of time from a legal point of view. According to Article 96 of the Labor Code of the Russian Federation, night work means the period from 22:00 to 06:00. If the employee’s work is constantly regulated by this period, then he is classified as night shift work, otherwise the employee must receive special additional payments for the time he worked at night. That is, if a company employee started his shift at 19:00 and finished work at 03:00, then, by law, he must receive an increase for the 5 hours that were worked at night (from 22:00 to 03:00).

It is also important to note that employees' night work may be reduced by 1 hour, meaning the employee will have to work 7 hours, without subsequently working out the missing hour.

However, the reduction to a seven-hour working day at night is canceled if:

• the employee is hired only to work the night shift,
• The employee is engaged in shift work and has one day off per week.

Minimum and increased rates for night work

According to Article 154 of the Labor Code of the Russian Federation, the amount of bonuses for night work must be indicated in internal documents, the provisions of which “work” in the organization. The legislation sets the minimum markup level at 20% of the hourly rate, but there are other “minimum” rates: 35% and 50% (see table).

Table “Amount of bonus for night work”:

Who is allowed to work on the night shift and who cannot be involved

To identify persons who can engage in night activities labor activity, you must refer to the legislation, which outlines the list of persons who are NOT ALLOWED TO WORK AT NIGHT:

• Pregnant employees;
• Minor employees of the organization (citizens under 18 years of age), in accordance with the provisions of Decree of the Government of the Russian Federation No. 252 of April 28, 2007 (exception: minors engaged in artistic activities). Read also the article: → "".

Article 96 defines a list of persons who may be allowed to work at night only with their voluntary consent:

• Employees raising children under 3 years of age;
• Employees and employees who are raising children under 5 years of age alone (without a spouse);
• Workers with disabilities;
• Workers raising children with disabilities;
• Employees who care for a sick family member (a medical certificate is important).

Thus, the above employees have the legal right not to work at night, and their refusal will not constitute absenteeism.

The amount of bonus for night hours for those who are paid on a time basis

Depending on the type of remuneration, the procedure for calculating the bonus for night hours also changes. There are three calculation methods, which are presented in the table “Methods for calculating bonuses for time-based wages”:

The amount of bonus for night hours for those who have piecework wages

1. First way: Regardless of the volume of products created or services provided, it is possible to calculate the hourly rate, since every enterprise has staffing table, which gives an idea of ​​the minimum hourly rate for a particular employee (it is ultimately used when calculating the allowance). Therefore, the calculation using the first method is similar to the calculation using the formula given in the previous subsection of the article (P = N (night hours) × TC hourly × % surcharge).
2. Second way: calculation of the premium at an increased rate, which is due for products produced at night. Since each production organization has normative and reference tables that outline the amount of earnings that should be accrued for any type of work. So, the formula for calculating the bonus that an employee should receive for night hours is:

P=Q of products “A” (per night) × TC for products of type “A” × % surcharge

• where Q of products “A” (per night) is the volume of products of type “A” produced per night,
• TC for products of type “A” – tariff rate for the production of products of type “A” (from corporate tables).

The minimum amount of bonus for night work depending on the minimum wage of some regions of the Russian Federation in 2017.

Continuation of the table “Minimum allowance for night work depending on the minimum wage of some regions of the Russian Federation in 2017”

An example of calculating an allowance for night work

Kuznetsov Anton Igorevich works at Granit-M LLC on a shift basis. The evening shift starts at 19:00 and ends at 03:00 (at night). According to his work schedule, Kuznetsov has a five-day work week (he works from Monday to Friday). The salary is 20,000 rubles. The number of night shifts in July is 16. Work norm for the position of Kuznetsov A.I. equal to 176 hours. Additional payment for night work at Granit-M is provided at 20% of the regular tariff. An example question regarding the calculation of additional pay for night work.

Since night time includes the period from 22:00 to 06:00, according to the law, Kuznetsov worked 5 night hours for each of his shifts. The total number of night hours for 16 shifts in July is 80 night hours (5 hours * 16 shifts).

• Based on the conditions of the example, we calculate the hourly vehicle: 20,000 rubles. /176 =113.64 rub. per hour of work.
• Additional payment for night hours (P) will be: 113.64 rubles. per hour * 80 night hours * 0.2 = RUB 1,818.24
• Result: Kuznetsov A.I. for 16 night shifts in July will receive a “night bonus” in the amount of 1,818.24 rubles.

According to part one of Art. 104 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), the introduction of summarized recording of working time is allowed when, according to the conditions of production in the organization as a whole or when performing individual species work cannot comply with the daily or weekly working hours established for this category of workers, so that the working hours for the accounting period (month, quarter and other periods) do not exceed the normal number of working hours. The accounting period cannot exceed one year.

The procedure for introducing summarized recording of working time is established by the internal rules labor regulations(Part three of Article 104). Internal labor regulations are approved by the employer taking into account the opinion of the trade union and, as a rule, are an annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation).

Consequently, the internal labor regulations must determine the order in which the summarized recording of working time is introduced. For example, it can be introduced by order of the head of the organization. If today there is no such procedure in the internal labor regulations, appropriate changes should be made to define such a procedure. At the same time, the employer is obliged to familiarize employees, against signature, with both the changes to the internal labor regulations and the order to introduce summarized recording of working time.

Pay for work at night

According to Art. 96 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) night time is considered to be the time from 22 o'clock to 6 o'clock.

By virtue of part one of Art. 154 each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.

For workers of paramilitary, professional fire and security guards, an additional payment of 35 percent of the hourly tariff rate (salary) for work at night is established by Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 08/06/1990 N 313/14-9 “On remuneration of security workers at night " Due to the absence of an act of Russian legislation establishing the amount of increased pay for night work for security guards, by virtue of Art. 423 this normative act former USSR currently applicable.

Decree of the Government of the Russian Federation of July 22, 2008 N 554 “On the minimum amount of increase in wages for work at night” was adopted in pursuance of part two of Art. 154 and sets only minimum size increasing pay for night work in cases where, in accordance with part one of this article, the amount of such payment is not established by law.

Thus, security guards are paid additionally for work at night in an amount not less than 35 percent of the hourly tariff rate (salary).

The legislator, establishing in Article 154 of the Labor Code of the Russian Federation the employer’s obligation to pay for work at night at an increased rate, did not indicate any exceptions, including for employees, due to the nature of the work, who are specially hired to work at night.

It is not possible to include the amount of additional payment for night work in the salary amount in advance due to the following. Part three of Art. 154 requires the establishment of specific amounts for increasing wages for night work in a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, or an employment contract.

And if the amount of the increased payment is initially included in the salary, it will be almost impossible to determine what specific amount of the increase in payment for night work has been established.

Moreover, since every hour of night work is subject to payment at an increased rate, and in each month the amount of night time worked will be different, then the amount of additional payment in each month should be different. And the salary is set in a fixed amount, and, accordingly, will not be able to take into account the amount of night work in different months in full.

Therefore, in the manner provided for in part three of Art. 154 of the Labor Code of the Russian Federation, it is necessary to establish specific amounts for increasing wages for work at night.

Overtime pay

According to part one of Art. 99 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), overtime work in the cumulative accounting of working hours is work performed by an employee at the initiative of the employer in excess of the normal number of working hours for the accounting period. The procedure and cases of involvement in overtime work, as well as its maximum duration, are provided for in Art.

99. According to Art. 152 of the Labor Code of the Russian Federation, overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least double the rate.

Specific amounts of payment for overtime work may be determined by a collective agreement, local normative act or an employment contract.

At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.

Thus, the first two hours worked in excess of the normal number of working hours during the accounting period (in your case, a month) are paid at least one and a half times the rate, the remaining hours in excess of the norm are paid at least twice the rate.

Payment for work at night on a holiday

According to Art. 153 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) employees receiving a salary for work on a non-working holiday are paid in the amount of at least a single daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary if work on a non-working holiday was carried out within the monthly working time standards, and in an amount of at least double the daily or hourly rate (part of the salary for a day or hour of work) in excess of the salary, if the work was performed in excess of the monthly working time standard. Specific amounts of payment for work on a 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 employees, or an employment contract.

If the working hours fall on the night time of a holiday, then the employer is obliged to provide both types of guarantees for work during such hours.

Let’s say the schedule provides for (and therefore falls within the limits of the monthly working hours) a work shift from 8 a.m. on November 4th to 8 a.m. on November 5th. In such a situation, in addition to the basic rate, an additional payment must be made in the amount of at least a single hourly rate in addition to the salary for each working hour that falls on a holiday (from 8 a.m. to 12 p.m. on November 4). In addition, for each hour of night work (from 22:00 on the 4th to 6:00 on the 5th of November) you must pay at least 35% of the hourly rate.

In the corporate work life of an organization, the question often arises about the need for workers to work at night. There is also a category of workers whose work is needed only at night (for example, night watchmen). However, the state provides protection for such workers, which manifests itself in the form of an increase in wages by a certain percentage, as stated in Article 154 of the Labor Code of the Russian Federation. In this article we will tell you how the additional payment for night work is calculated, and we will give an example with formulas. When can an employee receive an allowance for night work? When talking about night work, it is important to know the exact definition of this period of time from a legal point of view. According to Article 96 of the Labor Code of the Russian Federation, night work means the period from 22:00 to 06:00.

Payment for night hours during a shift work schedule

Attention

The law allows working at night Despite the fact that most organizations work during the day, the specifics of certain types of work require night (and sometimes round-the-clock) functioning. Just for such enterprises, there is a shift work schedule, according to which part of the shift or the entire shift falls during hours usually intended for sleep and rest.

The regulations for the organization and payment of such work are prescribed in Art. 96 and 154 of the Labor Code of the Russian Federation. What shifts are considered night shifts The law declares night work hours to be from 10 p.m. (10 p.m.) to 6 a.m.

Additional payment for night work: calculation formula

Nizhny Novgorod region 9,000.00 6,204.00 1800 1240.8 3150 2171.4 3600 2481.6 4500 3102 Ural Federal District (UFD) Yamalo-Nenets Autonomous District 12,431.00 2486.2 4350.85 4972 ,4 6215, 5 Tyumen region 9,300.00 7,700.00 1860 1540 3255 2695 3720 3080 4650 3850 Siberian Federal District (SFD) Altai 7,005.00 1401 2451.75 2802 3502.5 Altai Territory 8 11 6.00 6 204.00 1623, 2 1240.8 2840.6 2171.4 3246.4 2481.6 4058 3102 Far Eastern Federal District (FEFD) Khabarovsk Territory 9 485.00 1897 3319.75 3794 4742.5 Sakhalin region 16 838.00 3367, 6 5893.3 6735.2 8419 Crimean Federal District (KFD) Republic of Crimea 7,042.00 6,204.00 1408.4 1240.8 2464.7 2171.4 2816.8 2481.6 3521 3102 Sevastopol 7,343.00 6,204.00 1468 .6 1240.8 2570.05 2171.4 2937.2 2481.6 3671.5 3102 An example of calculating the allowance for night work Anton Igorevich Kuznetsov works at Granit-M LLC on a shift basis.

Payment for night hours according to the Labor Code of the Russian Federation in 2018, example of calculation

Hello! According to Article 96 of the Labor Code of the Russian Federation, night time is the time from 22 o’clock to 6 o’clock. That is, in each shift you will have 8 hours of night time.

DECISION of July 22, 2008 N 554 On the minimum amount of increase in wages for work at night In accordance with Article 154 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides: Establish that the minimum increase in wages for work at night (from 22 hours to 6 hours) is 20 percent of the hourly tariff rate (salary ( official salary), calculated per hour of work) for each hour of work at night. Chairman of the Government of the Russian Federation V. Putin Calculate how many night hours a particular watchman worked in a month.
For example, Ivanov worked 64 hours. His tariff rate is 70 rubles per hour.

This agreement is binding only for those organizations that have joined it (clause 1.3 of the Industry Agreement dated December 13, 2013). At the same time, organizations in the oil and gas industry are considered to have acceded to the agreement if, within 30 calendar days from the date of official publication of the relevant proposal, they have not sent a reasoned refusal to accede to the agreement to the Ministry of Labor of Russia (letter from the Ministry of Health and Social Development of Russia dated March 29, 2011.

No. 22-5/10/2-3015). Establishment of additional payments in local regulations If for any cases additional payments are not established by law, they must be specified in the internal documents of the organization (Articles 48 and 8 of the Labor Code of the Russian Federation). For example, surcharges established by the Government of the Russian Federation are designed for temporary workers. If an employee works on piecework system, indicate the amount of additional payments for night work in the Regulations on remuneration or other local act.

How to calculate night work hours

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

• in the Regulations on remuneration;
• in the Regulations on pay for night work.

Order An order to work at night is issued only if an employee needs to be involved once. In other cases, the issuance of an order is not required, and the relevant points are enshrined in the Regulations.

An order is also drawn up if a person included in a special list is involved in night work. In order for an employee to work the night shift, his written consent must be obtained.

Payment for night hours according to the Russian Labor Code. how to pay for night time

You can reduce your night shift time by one hour in all cases except those listed below:

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

Pros and cons for the employee Night work has both its pros and cons: Advantages Disadvantages The employee can receive increased wages Health damage caused by disruption of sleep schedule Opportunity to devote the day to other activities Family problems associated with different work schedules among family members Less strict control by management at night With heavy night work, days free from work will be practically “wasted.” This is not an exhaustive list of the pros and cons of working at night.

How are night work hours paid during a shift schedule according to the Labor Code of the Russian Federation?

In this article you will find information about the minimum possible amount of such an additional payment, the procedure for calculating the total amount to be paid to the employee, and also familiarize yourself with the list of persons whose night work is paid at increased rates. Night work allowance - what is it? What determines the amount of extra pay for night work? Categories of employees for whom an increased minimum amount of bonus for night work has been established Additional payment for night work for employees with irregular schedules How to calculate additional payment for night hours for hourly workers? The procedure for calculating the amount of additional payment for night work for piece workers Subscribe to our channel in Yandex.Zen! Subscribe to the channel Summing up Allowance for night work - what is it? Often in practice situations arise that entail the need for employees to work at night.

If an employee constantly works at night, it is enough to multiply the salary accrued for similar activities during the daytime by an increasing factor and subsequently pay the employee exactly this amount. This allows you to reduce the time spent on determining the amount of the premium and reduce the load on employees of the company’s settlement departments.

The procedure for calculating the amount of additional payment for night work for piece workers Current legislation does not determine the procedure in which the amount of the bonus should be calculated for workers whose work is paid according to the rules of the piecework system.

In practice they are used following methods Calculation of additional pay for night work for piece workers:

1. Algorithm similar to the one above.

How to calculate extra pay for night hours when working daily

IN specific situations and under certain circumstances this list may be supplemented. Remuneration for night work at an enterprise Article 154 of the Labor Code of the Russian Federation regulates that for each hour of the night shift you must pay at an increased rate.

The amount of additional payment can be set by the company's managers at their own discretion. However, increased pay for night shifts should not be less than the level established by current labor legislation - 20%.

Let’s take a closer look at which documents need to contain the basic provisions on night wages, and also give some practical examples.

What documents is it secured by? The organization has the right to consolidate the basic provisions on wages at night in some local acts.

Let's look at which ones exactly.

Category: News

*a) collect urine during the day, deliver 200 ml of urine from daily diuresis to the laboratory.

b) urine collection during the day, deliver the entire volume of collected urine to the laboratory

c) urine collection during the day, deliver 1 liter of collected urine to the laboratory

d) deliver urine collected within 10 hours to the laboratory

d) deliver urine collected within 3 hours to the laboratory

Please indicate the wrong answer. "A contraindication for placing mustard plasters is"

a) myalgia

b) pain in the heart area

*c) temperature over 39 C

d)bronchitis

e) hypertension

The Labor Code of the Republic of Kazakhstan has been adopted

Time is considered night

a) from 23 to 7 am

*b) from 22 o'clock to 6 o'clock in the morning

c) from 24 to 8 am

d) from 20 pm to 8 am

d) all answers are correct

Are pregnant women allowed to work at night?

a) is allowed only with their consent

*b) not allowed

c) allowed on the basis of a medical report

d) by order of the organization’s management

d) at the request of the pregnant woman

After switching to artificial feeding, a 3-month-old child developed bright hyperemia of the cheeks, gneiss on the scalp and brow ridges, and frequent regurgitation began to be noted.
What disease can you think about?

a) pylorospasm

b) pyloric stenosis

c) anomaly of the colon

d) acute intestinal infection

*e) exudative-catarrhal diathesis

A one-year-old child became acutely ill, the temperature rose to 38.9°C, inspiratory shortness of breath, frequent barking cough, and tachypnea up to 60 breaths per minute appeared.

In this case, you can think about the disease

a) ARVI, obstructive bronchitis

b)bronchial asthma

c) ARVI, bronchopneumonia

*d) ARVI, laryngotracheitis, laryngeal stenosis

e)foreign body of the upper respiratory tract

A 1.5-year-old child, while playing with small objects, suddenly developed an attack of convulsive cough against the background of complete health. Inspiratory shortness of breath appeared. What happened to the child

a) attack of false croup

b) acute bronchitis

c) acute pneumonia

*d) foreign body of the respiratory tract

d) attack of bronchial asthma

A patient was admitted to the emergency room with complaints of abdominal pain and suspected gastrointestinal bleeding. General condition is satisfactory.

How to transport a patient to the department

a) on foot, accompanied by a nurse

b) on foot, accompanied by relatives

c) independently without accompaniment

d) in a wheelchair

*d) only on a gurney

The nurse, having mixed up the outwardly similar bottles, administered a large dose of insulin to the patient instead of heparin, which resulted in a sharp deterioration in the patient’s condition (hypoglycemic coma). How can you evaluate the actions of a nurse?

a) negligence

b)medical error

c) an accidental mistake

d) unintentional actions

*d) professional incompetence

A 40-year-old man, a smoker, complains of a dry cough for many months. Over the past four weeks I have lost 4 kg. Objectively: the neck and face are puffy, cyanosis of the lips, enlarged dense axillary lymph nodes are palpable.

In the blood test - ESR - 70 mm Hg. What disease can you think about?

a) Cushing's disease

*b) lung cancer

c) chronic pneumonia

d) pulmonary echinococcosis

e) pulmonary tuberculosis

A 17-year-old patient was admitted to the hospital in the morning due to an acute illness that developed at night. Appeared loose stool, watery, then the stool became more frequent, more abundant, gradually taking on the appearance of “rice water.” What disease can you think about?

a) dysentery

b) salmonellosis

c) yersiniosis

*d) cholera

d) food poisoning

After a car accident, the victim complains of chest pain and inability to breathe deeply. Objectively: pallor of the skin and acrocyanosis are noted. There is a wound on the left side of the chest, which the victim is trying to cover with his hand. The blood in the wound is scarlet and foamy. In this case, it is possible to assume the presence

*a) pneumothorax

b) heart injuries

c) injuries of large vessels

d) cessation of breathing

d) rib fracture

The man suffered a hip injury and complains of sharp pain that gets worse with movement. On examination, the femur is deformed. When trying to move, mobility in the middle third of the thigh is determined. What complication primarily accompanies this injury?

a) suppuration

*b) traumatic shock

c) obliterating endarteritis

d) thrombophlebitis

e) osteomyelitis

A cardiac aneurysm is

a) left ventricular hypertrophy

b) hypertrophy of the right ventricle

c) reduction of the left ventricle

*d) bulging of the heart area

e)hypotrophy of the left ventricle

Extrasystole is

a) decrease in heart rate

b)increase in heart rate

c) conduction disturbance

*d) premature contraction of the heart

e) disturbance of the rhythm of cardiac contractions

If blood stagnates in the pulmonary circulation, the patient should be placed in a position

a) horizontal

b) horizontal with raised legs

c) knee-elbow

d) semi-seated

*d) horizontal with head raised

Massive swelling spread throughout the body is

*a) anasarca

c) hydropericardium

d) hydrothorax

e) exudate

Read also:

CALCULATION PROCEDURE FOR SUPPLEMENTAL PAYMENT FOR NIGHT WORK

Performing work in conditions deviating from normal conditions also includes working at night. Night working hours are considered to be from 22.00 to 6.00. Increased amounts of pay for night work are established by a collective agreement, but these amounts should not be lower than the amounts provided for by law. The minimum wage increases for night work were established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission social and labor relations. By Decree of the Government of the Russian Federation of July 22, 2008. N 554 “On the minimum increase in wages for work at night” establishes the minimum increase in wages for work at night (from 10 p.m. to 6 a.m.) and is 20 percent of the hourly tariff rate (salary (official salary) calculated for hour of work) for each hour of night work. For organizations various fields activities, increased payment may be determined by industry agreements governing labor relations at the federal, regional and territorial levels. In the communications industry, such legal acts have not yet been adopted, so telecom operators have the right to establish a specific amount of salary increases, taking into account the opinion of the representative body of employees. Since some businesses operate around the clock, accountants are faced with the task of calculating wages for night work based on timesheet data. It is also necessary to differentiate between night work in multi-shift and short-shift modes, since such work is paid according to different rules. Thus, a multi-shift regime does not include, in particular, work when dividing the working day into parts, daily shifts, only night or only evening shifts, one-time, systematic or occasional trips to work on night or evening shifts.

For example, an employment contract has been concluded with an employee of a bakery factory, according to which the employee is hired specifically to work on the night shift. For this employee, the duration of work (at night) is not reduced.

Let's look at examples of calculating payment for night time.

Example 1.

The security guard worked 160 hours in a month. Of these, 40 hours were worked at night. The additional payment for night work in the organization is set at 35% of the hourly tariff rate. The hourly wage rate for an employee is 42 rubles.

Payment according to the norm: 42 rubles. x 160 = 6720 rub.

The additional payment for night work was: 42 rubles. x 40 x 35% = 588 rub.

Payment for the month was: 6720 + 588 = 7308 rubles.

Please note that if night hours fall on a non-working holiday, then additional payments are made: for work at night - in the manner established by the collective agreement (local regulatory act), for work on a non-working holiday - in the manner established by Article 153 of the Labor Code of the Russian Federation . Thus, payment for work on a holiday does not cancel the accrual of additional payments for work at night.

Example 2.

Security guard in May 2008 worked only 160 hours. In accordance with the shift schedule, the security guard worked 8 hours on a holiday (May 9) without being given a day off instead of the holiday worked. 40 hours were worked at night (2 hours of which were on May 9).

The hourly rate of a security guard is 35 rubles.

Payment according to the norm: 35 rubles. x 160 = 5600 rub.

Additional payment for work on a holiday: 35 rubles. x 8 = 280 rub.

Additional payment for night work (35%): 35 rubles. x 40 x 35% = 490 rub.

Monthly payment: 5600 + 280 + 490 = 6370 rubles.

A situation is possible when the driver works at night - from 22 to 6 o'clock (Article 96 of the Labor Code of the Russian Federation). Every hour of work at night, in accordance with the requirements of Art. 154 of the Labor Code of the Russian Federation, must be paid in an increased amount, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms. Thus, transport enterprises, when establishing the amount of pay for night work for employees working in two- and three-shift modes, can be guided by the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR, the All-Russian Central Council of Trade Unions dated February 12, 1987 N 194 “On the transfer of associations, enterprises and organizations of industry and other sectors national economy for a multi-shift operating mode in order to increase production efficiency” (hereinafter referred to as Resolution No. 194). This regulatory act is applied if the work schedule clearly defines a multi-shift regime (working during the day in two or more shifts) (Letter of the USSR Ministry of Communications dated 09/08/1989 No. 185-D). The specific amounts of increased wages for night work are 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.

Example 3.

Driver Vorobiev I.S. worked 180 hours in March 2008, including 5 hours at night. The accounting period is a month. The normal number of working hours for the accounting period is 159. The driver is given an hourly tariff rate of 200 rubles. For each hour of work at night, the driver is paid 40% of the hourly tariff rate. Overtime hours are paid at the minimum rates established by the Labor Code.

Salary Vorobyov I.S. will include:

— remuneration for actual time worked—RUB 36,000. (180 h x 200 rub.);

— additional payment for night work — 400 rubles. (200 rub. x 40% x 5 h);

— overtime payment — 4,000 rubles. (200 rubles x 2 hours x 0.5 + 200 rubles x (180 - 159 - 2) hours x 1).

The total salary for March will be 40,400 rubles. (36,000 + 400 + 4000).

Example 4.

Store cashier V.V. Solovyova worked 182 hours in April 2008, including 58 hours at night. Accounting period: a month. The normal number of working hours for an accounting period is 175. The cashier is given an hourly rate of 100 rubles. For each hour of work at night, she is paid 35% of the hourly wage rate. Payment for overtime work is made at one and a half times the hourly wage rate for the first two hours of work in the accounting period and double for subsequent ones.

The store cashier received the following salary for work in April 2008:

- for actual time worked - 18,200 rubles. (100 rub. x 182 h);

— for work at night — 2030 rubles. (RUB 100 x 35% x 58 h);

— for overtime work — 600 rubles. (100 rubles x 2 hours x 0.5 + 100 rubles x (182 - 175 - 2) hours x 1).

There are cases when an employee sent on a business trip performs an official task at night. In such a situation, the question arises as to whether he needs to pay for work per night at an increased rate. Let's try to figure it out. For work in conditions deviating from normal (in particular, work at night), an additional payment is due (Art.

149 of the Labor Code of the Russian Federation). But while on a business trip, the employee is only guaranteed average earnings(Article 167 of the Labor Code of the Russian Federation). What about surcharges?

Let's turn to p.

8 Instructions of the Ministry of Finance of the USSR, the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated 04/07/1988. No. 62 “On business trips within the USSR.” It says that an employee specially sent to work on weekends or holidays, they are paid at a higher rate. In Art. 149 of the Labor Code of the Russian Federation, among the conditions deviating from normal, work is named, including on weekends and holidays, as well as at night. Following the logic of the Instructions, additional payment is due in all cases, including for night work. In order for the employer to be able to pay extra for such work, he will need documents confirming the number of hours worked by the posted worker after 22:00. Such a document could be a letter from the company to which the employee was posted. It indicates the number of night hours worked by this employee. Based on this document, the employer determines the amount of additional payment. Considering that the employee retains his average earnings during a business trip, it is logical to calculate the additional payment for night work based on the average earnings.

However, the issue of additional payment for night work during a business trip is still controversial. There is no regulatory act that would clearly establish additional pay for night work on a business trip. Tax inspectors may, during an audit, exclude the amount of additional payment from the tax base for income tax and assess additional tax.

Let's look at a few more questions as an example: does the monthly standard of working hours decrease if there are night shifts in the shift schedules, and how to calculate compensation for extra time rest during the night shift.

Example 5.

During August 2008, the employee worked 5 night shifts with a 40-hour working week. The standard working time for this month is 168 hours. For each hour of work on the night shift, an additional payment of 35% is established.

What is the length of time worked on the night shift that is used to calculate additional pay: 7 hours x 5 shifts = 35 hours or 8 hours x 5 shifts = 40 hours?

What will be the monthly salary amount: a) at an hourly tariff rate of 60 rubles: 60 rubles. x 168 hours + (60 rub. x 35 hours x 40%) = 10,920 rub. or 60 rub. x 168 hours + (60 rubles x 40 hours x 40%) = 11,040 rubles? b) with a salary of 10,000 rubles: 10,000 rubles. + (10,000 rubles: 168 hours x 35 hours x 40%) = 10,833 rubles. or 10,000 rub. + (RUB 10,000: 168 hours x 40 hours x 40%) = RUB 10,952?

Increased payment is subject to each hour of work at night (Part 1 of Article 154 of the Labor Code of the Russian Federation). This rule applies whether night work hours are reduced by one hour or not. Therefore, in this case, the employee must receive additional payment for all hours worked at night. The additional payment for night work will be:

— at an hourly tariff rate of 60 rubles. — (60 rubles x 40 hours x 40%) = 960 rubles;

- with a salary of 10,000 rubles. — (10,000 rubles: 168 hours x 40 hours x 40%) = 952 rubles.

Thus, the total amount of the employee’s salary will be:

— at an hourly tariff rate of 60 rubles. — 11040 rub. (60 RUR x 168 hours + 960 RUR);

- with a salary of 10,000 rubles. — 10,952 rub. (RUB 10,000 + RUB 952).

We also note that violation of labor legislation by an employer may result in bringing him to administrative liability under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of a fine or suspension of activities.

The fine imposed is: on officials or on individual entrepreneurs- 500 - 5000 rubles, for organizations - 30,000 - 50,000 rubles. Suspension of activities is applied for a period of up to 90 days.

Melikova Daria Pavlovna, consultant at Audit, Consulting and Law+ LLC, expert at the Russian Tax Courier magazine

How is night work paid?

How labor legislation encourages night work

An increase in wages for workers at night is guaranteed to citizens by the Labor Code of the Russian Federation. Night hours are considered to be the hours from 10 pm to 6 am.

The duration of the third (night) shift of the enterprise is reduced by 1 hour (from 8 to 7), but not in all cases. There are two exceptions:

those for whom it is already established working hours reduced duration;

those who are specially hired to carry out night work.

The rules on increasing wages at night apply to all employees of the enterprise, regardless of what wage system they have established: piece-rate commission, non-tariff, time-based, etc.

If not the entire employee’s shift, but only part of it, occurs at night, the additional payment is calculated hourly, depending on what part of the working day is between 22:00 and 6:00.

How to pay for night work

Article 154 of the Labor Code of the Russian Federation sets out guarantees of increased pay for work at night. In this case, the additional payment should not be lower than that established by labor legislation and other legal regulations that contain labor law norms. By special resolution Russian Government No. 554 of July 22, 2008, the minimum increase in pay for night work is set at 20% of the basic tariff rate. Thus, for each hour of night work, the surcharge cannot be less than 20%, but it can be more. Each enterprise can increase the amount of additional payments to its employees for night work. This fact must be recorded in the internal documents of the enterprise:

The amounts of additional payments for certain professional categories of workers for night work are established by law. For example:

paramilitary security, professional firefighting and security guards - 35% of salary;

employees of the penal system - 35% of salary;

healthcare workers - 50% of official salary.

As All-Russian statistics show, the average amount of additional payments for work at night in the Russian Federation is 40%.

Who can't earn extra money at night?

According to Russian labor legislation, not all categories of workers are allowed to work at night. You cannot work at night:

pregnant women;

minor employees under the age of 18 (rare exceptions are those who create and perform artistic works);

women with children under three years of age;

single parents (both women and men) with children under five years of age;

disabled people

The last three categories of workers can be involved in night work only with their written consent. Moreover, the employer will also have to familiarize them with the right to refuse night shifts in writing.

Daily work - according to Labor Code rest time under this regime is not specifically regulated; employers are guided by general rules Section V of the Labor Code of the Russian Federation. How many and what kind of breaks should there be? daily work, read this article.

The concept of daily work

Daily work means the employee’s performance of his labor responsibilities within 24 hours. With regard to such a regime, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) does not contain any prohibitions, but when establishing it, the following must be taken into account:

• per week, the employee must work no more than 40 hours - part 2 of Art. 91 of the Labor Code of the Russian Federation (read about those who have a shorter working week in our article “Reduced working hours (nuances)”);
• During the week, the employee must have continuous rest for at least 42 hours (Article 110 of the Labor Code of the Russian Federation).
• not all categories of workers can be involved in shift work lasting a day due to the presence of restrictions on the length of the working day/week for certain categories of workers (minors, disabled people, etc. - Articles 92, 94 of the Labor Code of the Russian Federation) - see block - diagram below;
• not all categories of workers can be involved in work according to such a schedule due to the ban on involving them in work at night - Art. 96 of the Labor Code of the Russian Federation (more details in our article “Payment for night work under the Labor Code (nuances)”).

How to create a work and rest schedule during daily shifts?

The most common schedules in practice are a day after 2 and a day after 3. With such schedules, the requirement for a 40-hour week is violated, so the employer introduces summarized time tracking provided for in Art. 104 Labor Code of the Russian Federation.

Risks! According to Art. 104 of the Labor Code of the Russian Federation, if it is not possible to comply with daily and weekly working time limits, the employer counts the hours worked for the accounting period and controls that they do not exceed the established norm for the accounting period.

The procedure for introducing summarized recording of working time is regulated by internal labor regulations. Accordingly, these rules also determine the accounting period - month, quarter, six months or year. It is not permitted by law to take into account hours worked in more than a year (for industry workers with harmful conditions the limit is 3 months - part 1 of Art. 104 Labor Code of the Russian Federation).

Pay attention! Thanks to working time tracking, unworked hours can be covered by overworked ones.

The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers.

Let's look at specific example rules for drawing up a daily work schedule, for example, for April 2019:

• scheme - after 3 days;
• accounting period - month;
• number of working days according to the calendar of a five-day working week - 22;
• the number of hours per month that accounts for the reduction in working hours in April 2019 is 1 hour.

Calculation of the standard working hours for a month is carried out in accordance with the Calculation Procedure..., approved. by order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n:

Standard hours = (40 hours x 5 / 22) - 1 hour = 175 hours.

The shift schedule for the month is presented below (C - shift, B - day off).

Work time and rest time with a daily schedule

The start and end times of work are indicated in the rules internal regulations and, if necessary, in the employment contract.

According to the Labor Code of the Russian Federation, with a daily work schedule, rest time is no different from rest time under other work modes. It is established taking into account the provisions of Chapter. 18 Labor Code of the Russian Federation:

• During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours (Part 1 of Article 108 of the Labor Code of the Russian Federation). If an employee is on a shift lasting 24 hours, then during this time, then, for example, internal labor regulations may provide for 2 breaks of 1 hour each or 4 breaks of 30 minutes each. etc.;
• if the employer cannot provide the employee with the opportunity to leave workplace and use rest time at your own discretion (which most often happens when working daily), then the time for eating and rest will be included in working hours.

Pay attention! In accordance with the above, a shift lasting 22 hours may be indicated in the time sheet (for example, if the employee is given 2 hours for a break during the shift and the employee can leave the workplace) or 24 hours (if the employee was not allowed to leave the workplace). workplace).

Weekends are 2 or 3 days (depending on the mode) after 24 hours worked.

Important! Generally accepted weekends (Saturday, Sunday) or holidays when a shift falls on them are not days off, because The employee works according to his own schedule and his days off are determined precisely in accordance with this shift schedule.

Is the daily schedule considered shift work?

The daily schedule can be set not only during shift work, but also in flexible schedule, provided for in Art. 102 Labor Code of the Russian Federation. How they differ - see the table below.

Pay attention! Regardless of the type of regime in force at the enterprise, the employee retains his labor rights and guarantees. For example, if you fail to show up for work good reasons(sick leave, etc.) the employee is not required to work a missed shift. Of course, all other guarantees provided for by the Labor Code of the Russian Federation are also preserved (the right to annual paid leave, due to a reduction in compensation and payments, etc.)

Wages for daily work

Pay for flexible and shift schedule The work has the following features:

• actual hours worked are paid: salary or rate;
• Night work is paid at an increased rate in accordance with Art. 154 of the Labor Code of the Russian Federation (in 2019, the increase occurs at least 20% of the salary / hourly rate for each hour of night time - see Decree of the Government of the Russian Federation dated July 22, 2008 No. 554);
• The holiday on which the shift falls is paid at double rate (except for cases where the employee is given a day of rest for working on a holiday - in this case payment is made at a single rate). If only part of the shift falls on a public holiday, then only the hours actually worked on that day are paid at double rate (Part 3 of Article 153 of the Labor Code of the Russian Federation) - you can read about the intricacies of the calculation in the article “How to pay for holidays on a shift schedule ? ;
• overtime work for the first 2 hours is paid at 1.5 times the rate, subsequent ones at double rates (Article 152 of the Labor Code of the Russian Federation).

Pay attention! All rates/surcharges/increases can be changed by local acts in a direction greater than those established by the Labor Code of the Russian Federation.

Shift work has such specificity that when calculating the amount of hours actually worked, the employee accumulates overtime hours. In this regard, the employer needs to carefully consider the following points:

• he is responsible for accurately recording the overtime of each employee (Part 7, Article 99 of the Labor Code of the Russian Federation);
• overtime work should not exceed 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation);
• work on weekends and holidays does not count as overtime (Part 3 of Article 152 of the Labor Code of the Russian Federation).

To determine the exact amount of payment for overtime work, it is recommended to make calculations for this item at the end of the accounting period.

So, rest time with a daily work schedule is lunch breaks, the next few days after work (established by internal labor regulations), and vacation. Saturday, Sunday and holidays that fall during shifts are not considered days off or overtime. In this case, weekends worked according to the schedule and holidays are paid in double amount (or in single amount, provided that the employee is additionally given a day of rest).

For a number of reasons, work can be carried out not only during the day, but also at night. How, in this case, is the employee paid? We'll talk about this in our consultation.

What is night time

Labor legislation defines that night time is the time from 22 o'clock to 6 o'clock (part 1 of article 96 of the Labor Code of the Russian Federation). In this case, the duration of work (shift) at night is reduced by one hour without further work. This means that if, with an established working time of 40 hours a week (8 hours a day), the work occurred at night, then instead of 8 hours a day the employee must work 7 (for example, from 22 to 5), and the working hours will be be considered fully worked and this lost 1 hour cannot be worked off (Part 2 of Article 96 of the Labor Code of the Russian Federation).

This procedure does not apply to employees who have been assigned reduced working hours or employees who were specifically hired to work at night.

Who shouldn't work at night

There is another category of workers who can work at night, but only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical certificate. At the same time, these employees must be informed in writing of their right to refuse to work at night (Part 5 of Article 96 of the Labor Code of the Russian Federation):

How to pay for night work

Each hour of night work is paid more than daytime work. The specific amount of the increase is established by a collective agreement, a local regulatory act adopted taking into account the opinion of the trade union, an employment contract and cannot be less than 20% of the hourly tariff rate (salary calculated per hour of work) for each hour of work at night (Article 154 of the Labor Code of the Russian Federation , Decree of the Government of the Russian Federation dated July 22, 2008 No. 554).

At the same time, payment for night hours during a shift work schedule is no different from payment for night hours during a regular schedule: night time is subject to additional payment.

For example, an employee’s salary is set at 75,000 rubles with a five-day working week and normal working hours (40 hours per week). In September, the employee, at the request of the employer, worked additional night time from 22 to 00. The additional payment for night time is set at 20%.

Therefore, the employee’s salary for September will be: 76,022.73 = 75,000 rubles (salary for September) + 1,022.73 (additional pay for night hours).

This surcharge was calculated as follows:

75,000 (salary) / 176 (number of “normal” working hours in September according to the production calendar) * 2 (number of night hours) * 1.2 (hourly rate increased by 20%)