Night time according to the labor code, legislation

Night time is the time from 22:00 to 6:00.

The duration of work (shift) at night is reduced by one hour without further work.

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 to work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations.

The following are not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in the manner 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 the specified 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 the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.

Procedure for night work of creative workers of the media, cinematography organizations, television and video film crews, theaters, theatrical 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 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, can be established by a collective agreement, a local regulatory act, or an employment contract.

What working hours are considered night hours according to the Labor Code of the Russian Federation?

Night time is determined by labor legislation - it starts at 22:00 and ends at 6:00 (paragraph 1 of Article 96 of the Labor Code of the Russian Federation).

Permissible duration of work at night

Article 96 of the Labor Code defines a reduction in night work time by 1 hour, that is, out of the required 8 hours, only 7 need to be worked - this is the standard.

We should not forget that individual employees always have their standard work hours reduced:

Category of persons/jobsMaximum duration
Minors under 16 years of age24 hours a week
Children from 16 to 18 years old35 hours per week
Citizens with disabilities of 1-2 groups
At work with harmful or dangerous working conditions36 hours a week
Teachers, on the basis of Art. 333 TK
Doctors, on the basis of Art. 350 TK 39 hours per week

There are also cases when the established duration of work cannot be reduced :

  • working conditions initially require working for less than 8 hours;
  • the employee constantly takes shifts at night (the condition is included in the employment agreement);
  • if working conditions imply such requirements (for example, in conditions of continuous production);
  • A shift schedule is used, with only 1 day off per week, the rest of the days are working days.

The list of such work should be indicated in the collective agreement or other local regulatory act.

Average Annual Number of Night Hours in 2021

The estimated working hours are established annually. On its basis, the employer determines the duration of working hours during which the employee is required to be at the workplace, draws up a work schedule (shifts), and also monitors compliance with the duration of working hours established by the Labor Code.

This calendar serves as the basis for drawing up work schedules, and also with its help, the number of working hours in a given month is determined and wages are calculated. The production calendar reliably shows which days are shortened working days, which are holidays or weekends.

Standard working hours for 2021

What is the normal length of working time is a question that is important for both personnel officers and workers. According to the Labor Code of the Russian Federation, the norm is forty hours a week. This is the maximum that an employee can work in a week, both on a five-day and a six-day schedule.

In 2021, there will be six pre-holiday days - February 22, March 7, April 30, May 8, June 11 and New Year's Day December 31. The duration of work on these days, as usual, is reduced by an hour. If a day off is moved to a weekday, this day will not be shortened.

Working hours standards in 2021: download the table

The standard working time is the number of days and hours that a person is required to work for a certain period in 2020 (month, quarter, half-year, 9 months, whole calendar year). Here is an easy-to-download table with working time standards for 2021 (in particular for the most common situation - with a 40-hour work week.

  • calculate how many weekends, holidays and working days there are according to the production calendar (taking into account all transfers);
  • determine whether there are transfers of non-working days - weekends and holidays, as well as shortened pre-holiday days;
  • understand how long the company’s employees work daily.

Working time standards for 2021 with a 40-hour week are calculated according to a five-day workday schedule with days off on Saturday and Sunday and taking into account the daily work duration of 8 hours (40 hours: 5 days). Therefore, in order to calculate the standard time, the number of working days for the period must be multiplied by 8 hours and the number of hours by which pre-holiday days are reduced is subtracted.

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Production calendar for 2021

In accordance with the “Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week,” approved by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n, this norm is calculated according to the five-day calculated schedule working week with two days off on Saturday and Sunday, based on the duration of daily work (shift):

  • calculation for a 40-hour work week: (8 hours x 19 days) – 1 hour = 151 hours;
  • with a 36-hour work week: (7.2 hours x 19 days) – 1 hour = 135.8 hours;
  • for a 24-hour workweek: (4.8 hours x 19 days) – 1 hour = 90.2 hours.

Number of night hours per year 2020

This is achieved by alternating working days and weekends according to the shift schedule. This procedure also applies to the standard hours per week and month for a 12-hour working day. The total number of hours tells little about how work is progressing month by month. That is why, for complete accounting, it is necessary to know how many hours of work there are per month.

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The form of recording working hours is chosen by the management of the enterprise based on the specifics of the company’s work and is reflected in the statutory documents. Working hours are calculated based on many important factors influencing it.

The estimated working hours for 2021 have been established in Belarus

In organizations with other operating modes, the employer independently calculates the estimated working hours for the calendar year in compliance with the norms of Art. 112-117 of the Labor Code and its local regulatory legal act establishes its value for the corresponding calendar year, which will be the full standard working time for the organization’s employees.

The estimated standard working time for 2021 with a full standard of its duration will be: for a five-day working week with days off on Saturday and Sunday - 2008 hours; for a six-day work week with a day off on Sunday - 2016 hours.

The procedure for calculating working time standards for 2021 with a 40-hour work week

The standard working time for the year is calculated in a similar way, only the number of working hours per day (eight) is multiplied by the number of working days in the year, after which it is necessary to subtract from the resulting product the number of hours by which pre-holiday days were reduced throughout the year.

According to the provisions of this regulatory document, with a 40-hour work week, the standard working time is calculated taking into account five working days and two days off - Saturday and Sunday. In this case, it is eight hours a day. On a pre-holiday day, the standard working time is reduced by one hour and amounts to seven hours.

Number of night hours in 2020

With its help, it is convenient for the employer to plan the working hours of employees, determine the required number of workers to complete the work, and also set deadlines for completing tasks. The production calendar 2021 - 2020 is a document that is drawn up on the basis of the Labor Code of the Russian Federation.

Thus, the annual standard of working time for 2021 with a 40-hour work week is 1970 hours (40 hours: 5 days × 247 days – 6 hours). The Ministry of Labor has determined how we will work and relax in 2020. The New Year holidays will be shortened, but the May holidays will be lengthened.

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How many night hours in 2021

The concept of “night work hours” is precisely defined in Article 96 of the Labor Code of the Russian Federation, which states that the hours from 22:00 to 06:00 are considered night hours. If an employee has a regular work schedule within the specified time frame in accordance with the employment contract, he is considered a night shift worker, otherwise the employee has the right to receive additional payment for the time he worked at night.

During the daytime, the highest performance is achieved, which makes it possible to improve the quality of manufactured products and/or services. However, in some cases, the specific nature of the work may require working exclusively at night.

Normal Night Hours in September 2020

Example Let us take as an example the process of manufacturing products on a continuous cycle conveyor line. Shift schedule, restrictions on its use A shift schedule is a local regulatory act that determines the working conditions of workers who work in shifts.

The very concept of working time implies the period during which the employee fulfills his labor obligations in accordance with the contract concluded with him and the principles of internal regulations.

This definition also includes other time periods called working time in the Labor Code. Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

If you want to find out how to solve your particular problem, contact a consultant:. According to Article 91 of the Labor Code of the Russian Federation, the norm cannot exceed 40 hours per week.

Source: https://nl-consalting.ru/zaklyuchenie-i-rastorzhenie-braka/srednegodovoe-kolichestvo-nochnyh-chasov-v-2019-godu

Who is not allowed to work at night?

It is prohibited by law to employ certain employees to work at night (paragraph 5 of Article 96 of the Labor Code). The following are not allowed to work:

  • pregnant women;
  • persons under 18 years of age (exceptions to this paragraph may include persons who were involved in the creation and/or performance of artistic works or who are athletes).

Some employees are not allowed to work at night without obtaining their written consent:

  • women raising children under 3 years of age;
  • workers with disabilities;
  • employees caring for disabled children;
  • if the specialist has a sick relative who, according to a medical report, requires constant care;
  • single fathers (mothers) raising children under five years of age;
  • guardians of these children.

Contraindications for health reasons are unacceptable, therefore a separate medical report is required.

From what hour is the duration of work at night calculated?

If overtime work is due to an emergency or force majeure, the employee’s consent to perform it is not required.

The law for starting work at night starts at 10 p.m. Employers are required to provide employees working night shifts with rest breaks without including them in working hours. In addition, time should be allocated for heating if work is carried out in open areas during the cold season. Pauses necessary to establish the production process must also be provided.

If there is a need to urgently complete work that has begun, and its completion will occur at night, the registration of such work will be processed in the same way as in the case of overtime activities.

Night work must be accounted for by the HR department by marking the time sheet for each employee. If there are also evening shifts (there is no such concept in the law, but it is meant that some of the work falls at night), then you can put marks in the 2nd line of the accounting sheet.

Payment for night hours according to the labor code

The minimum premium for night hours is 20% of the daily hourly rate (Article 154 of the Labor Code, RF RF No. 554 of July 22, 2008). This statutory minimum wage to an employer cannot be violated. While the maximum additional payment is not limited (regulation of the Ministry of Health and Social Development and Rostrud No. 3201-6-1 of October 28, 2009).

The procedure and amount of additional payment for night time is recorded in writing at:

  • employment agreement;
  • collective agreement;
  • regulations on wages;
  • other local acts.

Now let’s look at how night shifts that fall on a holiday are paid. In this case, several additional payments are required:

  1. For night working hours (Articles 149, 154 of the Labor Code).
  2. For going to work on a holiday (Article 153 of the Labor Code).

For some categories, an increased level of additional payment for night work was initially fixed. For a number of structures, the amount of additional payments is approved by higher authorities. For example, for law enforcement agencies (order No. 65 of January 31, 2013). In other cases, increased additional payments are determined by law (Rostrud letter No. 3201):

  • military, security (sentry and fire) – 35%;
  • Federal Penitentiary Service specialists – 35%;
  • medical specialists – 50%;
  • employees working in emergency (ambulance) care – 100%.

If various regulations provide for several additional payments for a certain category of employees, the largest of them is selected.

What are the standard working hours for 2021?

The standard working time is the number of hours that a citizen must work in a certain period of time. These standards are established by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n “The procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week.”

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Examples of night wage calculations

Additional payments for night work depend on a number of factors:

  • minimum wage for night work (it is determined by the state);
  • indicators that are approved in the organization and enshrined in a local act;
  • time worked.

How are hourly wages calculated?

The organization operates a five-day workweek – 8 hours a day + two days off. The work is based on three eight-hour shifts. One of N.’s employees starts at 17:00 and finishes work by 01:00 at night. Minimum surcharge accepted (20 percent). She is paid extra only for 3 hours worked in a shift (from 22:00 to 01:00).

During the quarter, a shift of three workers completed the full work quota:

  • for September – 17 days (136 hours);
  • for October – 18 days (144 hours);
  • for November - 19 days (152 hours).

At an hourly rate of 160 rubles per hour, N.’s salary will be calculated as follows:

  • September (51 hours of work at night)
    (160 rubles/hour x 85 hours) + (160 rubles/hour x 51 hours x 20%) = 13600 + 9792 = 23392 rubles.
  • for October (54 hours of work at night)
    (160 rubles/hour x 90 hours) + (160 rubles/hour x 54 hours x 20%) = 14400 + 10368 = 24768 rubles.
  • for November (57 hours of work at night)
    (160 rubles/hour x 95 hours) + (160 rubles/hour x 57 hours x 20%) = 15200 + 10944 = 26144 rubles.

How to calculate during a shift work schedule?

Payments for night work when working on a shift schedule are equivalent to the standard schedule.

For example, an employee worked a five-day week with standard working hours (8 hours/day). His salary was 72,240 rubles. The employer asked him to work at night in February from 23:00 to 01:00. The supplement is standard. For February they will pay:

  • 72240/168 = 430 rubles/hour – daily hourly rate.
  • 430 rubles/hour * 2 hours (number of hours worked at night) * 20% = 1032 rubles – bonus.
  • 72240 + 1032 = 73272 rub. - salary for February.

How to calculate salary?

Specialist M. works with a salary of 26,000 rubles. The shift schedule is five days a day. Working days do not fall on weekends. He takes over at 21:00 and takes over at 05:00. In a month he takes over 10 shifts. Additional payment is minimal (20%). During the accounting month, M. fully fulfilled the monthly hourly requirement according to the production calendar (160 hours).

In each shift, he works 7 hours at night (from 22:00 to 05:00). 10 shifts equal 70 hours.

  1. We calculate the average rate per hour: 26000/160 = 162.5 rubles.
  2. We calculate the rate per hour of work at night: 162.5 x 1.2 = 195 rubles.
  3. For 70 hours at night, an additional payment is obtained: 70 x 195 = 13,650 rubles.

Average number of night hours in 2021

As always, we will try to answer the question "Average number of night hours in 2021." You can also consult with lawyers for free online directly on the website without leaving your home.

In accordance with the Procedure approved by the order of the Ministry of Health and Social Development of Russia dated August 13.

2009 N 588н, the standard working time is calculated depending on the established duration of working time per week according to the calculated schedule of a five-day work week with two days off on Saturday and Sunday based on the duration of daily work (shift). So, with a 40-hour work week, the standard working time is 8 hours, with a work week of 36 hours it will be 7.2 hours, with a 24-hour work week - 4.8 hours.

In accordance with part two of Article 112 of the Labor Code of the Russian Federation, if a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

The exception to this rule is weekends that coincide with non-working holidays from January 1 to January 8.

The Government of the Russian Federation transfers two days off from these days to other days in the next calendar year.

Working hours standards in 2021

In accordance with part five of Article 112 of the Labor Code of the Russian Federation, for the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation

The immediate superior is not always to blame. Sometimes errors occur at the time of payroll calculation in the accounting department.

If the employer does not refuse to commit violations and does not want to eliminate them, it is necessary to write a complaint to the labor safety and protection inspectorate. They will conduct an inspection, and if violations are identified, the employer will be obliged to completely eliminate them.

If, after the decision of the commission sent by the labor inspectorate, the boss does not want to comply with the instructions, you can safely contact the Prosecutor’s Office or the court.

Employees are often concerned about the issue of pay during shift work, in particular when they are busy at night. Let's consider how the laws of the Russian Federation relate to this issue, how accounting occurs when working outside of normal hours, how to calculate payment, and we will show this with a specific example.

How to calculate night hours from salary: formula

A shift will be considered a night shift if at least half of it consists of work within the specified time period.

Payment at the night rate will be only for the hours that make up this period; the rest will be rewarded, as is customary in day shifts.

The definition of “night shift” in this case is significant for deciding the issue of attracting or not attracting a certain category of employees.

The February calendar of working hours standards, which is officially approved by the government, contains all the standards and working hours of February 2020, as well as working days, weekends and holidays, transfers and standards for a 24, 36 and 40 hour work week. It also contains all the New Year's holidays, shortened working days and the transfer of holidays to other days of rest, in a word, everything that is needed for the work of an accountant, personnel officer and economist.

For the accounting month Polivanov K.I. fully worked the hourly quota corresponding to the production calendar (170 hours).

Night hours each shift account for 6 hours (from 22:00 to 04:00), for a month this will be 6 x 10 = 60 hours. We need to find the average hourly tariff rate: 25,000 / 170 = 147 rubles.

Let's calculate the amount of the night supplement for each hour: 147 x 0.2 = 29.4 rubles. For 60 odd hours you will need to pay an additional salary of 60 x 29.4 = 1,764 rubles.

  • mothers of young children (under 3 years old);
  • disabled people of any group;
  • employees who care for disabled people;
  • workers caring for unhealthy family members (according to medical opinions);
  • single parents with children under 5 years of age;
  • guardians of children under 5 years of age.

Factors determining the amount of pay for night shifts

Despite the fact that most organizations operate during the day, the specifics of certain types of work require night (and sometimes round-the-clock) operation. 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.

!

Based on Article 112 of the Labor Code, if a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday. The exception is weekends that coincide with non-working holidays in January.

For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation decides:

Move the following holidays to 2021:

  • from Saturday 4 January to Monday 4 May
  • from Sunday 5 January to Tuesday 5 May

Working time standards for students

Since 2013

The Government of the Russian Federation has the right to transfer two days off from the number of days off that coincide with non-working January holidays to other days in the next calendar year.

The standard working time in April 2021 is 175 hours. In this case, the standardization of working time is applied equally for both a five-day and a six-day work week.

The difference is in the number of days of work and rest, but not in the duration during the reference period. We take the production calendar and see that there are 22 working days in April.

The product of the norm by the number of days of labor will show us the duration, which in this case will be 8 hours (7 hours 59 minutes 40 seconds).

This calendar serves as the basis for drawing up work schedules, and also with its help, the number of working hours in a given month is determined and wages are calculated. The production calendar reliably shows which days are shortened working days, which are holidays or weekends.

Average Annual Number of Night Hours in 2021

What is the normal length of working time is a question that is important for both personnel officers and workers. According to the Labor Code of the Russian Federation, the norm is forty hours a week. This is the maximum that an employee can work in a week, both on a five-day and a six-day schedule.

  • New Year holidays and Christmas - from January 1 to January 8;
  • Defender of the Fatherland Day - February 23;
  • International Women's Day - March 8;
  • Spring and Labor Holiday and Victory Day - May 1 and 9;
  • Russia Day - June 12;
  • National Unity Day - November 4.

We have collected information about all official holidays and transfers of days off in the coming year and remind you of the rules for calculating working hours for a week, month and year. At the end of the article you will find a production calendar that you can download or print.

Working time standards: how to calculate?

  • from 1 (Wednesday) to 8 January (Wednesday);
  • from 22 (Saturday) to 24 February (Monday);
  • from 7 (Saturday) to 9 March (Monday);
  • from 1 (Friday) to 5 May (Tuesday);
  • from 9 (Saturday) to May 11 (Monday);
  • June 12 (Friday);
  • November 4 (Wednesday).

Nowadays, in the work activities of a manager, accountant or HR specialist, a huge number of different indicators are used. One of the most used is average earnings.

However, indicators that are in one way or another directly related to the working time that an employee spends at the workplace or spent during a certain period also have a certain significance.

Average number of working days in a month - why know it

However, as stated earlier, this number is not practical for use in HR and will be of little use to the employer, accountant or HR officer. It is much more efficient to calculate directly by working hours - with a normal 40-hour week, their number in 2021 will be 1979 hours during the year.

How to find out the average number of working days per month in 2020

Finding out the average number of working days per month in 2021 is quite simple.

To do this, you need to familiarize yourself with the current production calendar for 2021, approved by the Government of the Russian Federation, in order to find out the full number of working days during the year.

So, in 2021, there are 248 working days for a standard five-day working week. Accordingly, if you calculate the average number of working days per month in 2021, then such a calculation will be made using the following formula:

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The standard working time for a particular month is calculated as follows: length of the working week (40, 39, 36, 30, 24, etc.

hours) is divided by 5, multiplied by the number of working days according to the calendar of the five-day working week of a particular month, and from the resulting number the number of hours in a given month by which working hours are reduced on the eve of non-working holidays is subtracted.

Thus, the duration of the “New Year's holiday” will be 8 days - from January 1 to January 8, 2021. In May 2021, the rest period coinciding with the celebration of the Spring and Labor Day will have 5 non-working days - from May 1 to May 5, and on coinciding with the celebration of Victory Day - 3 days - from May 9 to 11.

Second quarter

The standard working time for certain calendar periods is calculated according to the calculated schedule of a five-day work week with two days off on Saturday and Sunday, based on the duration of daily work: for a 40-hour work week - 8 hours; with a 36-hour work week - 7.2 hours (36:5); with a 24-hour working week - 4.8 hours (24:5) (see clause 1 of the Procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week, approved. by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n, hereinafter referred to as the Procedure).

The production calendar for accountants has been agreed upon for 2021. The Simplified magazine prepared it taking into account all the transfers approved by the Government. For convenience, we have made a design document that can be printed on either a color or black-and-white printer: holiday dates are clearly visible and will not be lost! All popular formats for downloading are available: Excel, Word, PDF, Jeep.

Holidays and weekends in 2021

Since several holidays coincide with weekends next year, the following transfer mechanism is proposed. The weekends of January 4 and 5 (Saturday and Sunday), coinciding with non-working holidays, have been moved to May 4 and 5, respectively (Monday and Tuesday).

Payment at the night rate will be only for the hours that make up this period; the rest will be rewarded, as is customary in day shifts.

The definition of “night shift” in this case is significant for deciding the issue of attracting or not attracting a certain category of employees. ATTENTION! According to Art.

96 of the Labor Code of the Russian Federation, the night shift should be 1 hour shorter than the corresponding day shift.

, for January Mon Tue Wed Thu Fri Sat Sun 123456789101112131415161718192021222324252627282930311234567891011 February Mon Tue Wed Thu Fri Sat Sun 2930311234567891011 12131415161718192021222324252627281234567891011 March Mon Tue Wed Thu Fri Sat Sun 26272812345678910111213141516171819202122232425262728293031123 45678 Number of calendar days Jan Feb MRI 90 working days 56 days off/holidays

How long should you rest after a night shift?

The law clearly links the minimum rest period between night shifts to the duration of work.

Daily (between shifts) rest must be at least twice the duration of work in the shift preceding the rest. So, if a person has worked for 12 hours, then subsequent rest is provided no less than twice the duration of the shift worked - a day.

It is also necessary to take into account the requirement stipulated by Article 110 of the Labor Code - an uninterrupted rest period of 42 hours must be provided every week.

Is lunch provided? From when and until when?

The employer has the right not to provide rest if the specialist works less than 4 hours, but with a designation in the contract.

In other cases, when working at night, the employee is guaranteed a break. It is used for rest and eating, lasting from half an hour to two hours (paragraph 1, article 108 of the Labor Code).

The exact start time of rest and its period are prescribed in the internal labor regulations. However, breaks should not be given at the beginning of work and when it ends.

If working conditions do not require the employee to be removed from the workplace, the employer provides the specialist with the opportunity to have lunch during the working period (paragraph 3 of Article 108 of the Labor Code).

If both night and day shifts are employed, lunch breaks must be of equal length. Otherwise, the employer’s actions will be regarded as discrimination in the labor sphere (Article 2 of the Labor Code).

It is possible to provide several short breaks for lunch, but be sure to last at least half an hour each.

Health on the night shift

Many professions require working at night. Security guards, dispatchers, law enforcement officers, medical personnel, employees of air and other carriers, gas stations, printing houses, nightclubs, industrial enterprises and many, many others are forced to work at night. 25% of all working people in our country work in night mode. We can also recall the “chronic deadline-setters” who have to fulfill the “five-year plan” on the last night...

So what threatens the shift in the rhythm of sleep and wakefulness, laid down by nature itself?

Night work ruins your health

All over the world, dozens of studies are conducted annually on the topic of how and why the body suffers due to night work. Some researchers even argue that the harmfulness of night work can be compared to excessive drinking and smoking over many years.

Scientists agree that working at night increases the risk of cardiovascular disease, cancer, diabetes, depression and obesity.

Working at night is a serious threat to human health. By the way, you can also earn “chronic lack of sleep” - this is a habitual state of the body deprived of proper rest. After all, few people return from a night shift and go to bed for 8 hours. In addition, it has been proven that daytime sleep is less deep than nighttime sleep, since it does not correspond to natural biorhythms. As a result, people become aggressive, irritable or, conversely, absent-minded and inattentive, their character deteriorates, fatigue quickly accumulates, they are more prone to “professional burnout,” and moving away from family does not lead to anything good.

However, sleep specialists (somnologists) note that these problems are typical only for those who work at night more than 2 times a week. If a person works the night shift only once a week and then gets a good night’s sleep, he is not at risk of chronic sleep deprivation.

There are people who actually work better at night. These are “people with individual adaptability to night work.” At night their brain works at full capacity, and during the day they are able to fully relax during sleep. But even for them, an immutable rule applies: the work schedule must be stable. If night and day shifts change haphazardly, then colossal harm will still be caused to the body.

Previously, scientists were confident that the effects of medium-term sleep loss could be offset by subsequent long periods of rest, but recent research shows that some aspects of brain function, such as focus, are not fully restored even after three days. Night work kills the brain, experts say. One week - and a person who suffers from regular lack of sleep risks losing as much as 15 points of his IQ - intelligence quotient. So what to do if there is no escape from night work?

Night shift workers

1. Monitor your health.

Complete preventive examinations and medical examinations on time; do not treat medical examinations before your shift as serfdom. Moreover, they will not be canceled and, on the contrary, will be strengthened. New inspection rules are being developed, and penalties for ignoring them are being tightened. The “human factor” in accidents costs us too much to ignore the health of those responsible.

And if, on the contrary, no one at work is interested in your health, take care of it yourself. Before your shift, take your blood pressure and count your pulse. Check to see if you have forgotten your usual medications. If you have diabetes, make sure you bring sweets and a blood sugar monitor. If you have hypertension, have a tonometer on hand. A patient with bronchial asthma needs to check that the medication canisters are full. All these are little things, at first glance, but they are the ones that lead to the most serious consequences in your life and the lives of people who in one way or another depend on your performance.

2. Get enough sleep.

A healthy adult needs to sleep 7–8 hours a day. At night. It is when the body's circadian rhythms are completely set to rest. For daytime sleep, the time is extended by 1 hour. What they usually do is not quite right: in the morning they sleep as much as they want, and then, sleepy, they go to the night shift. Scientists have proven that it is best to get enough sleep immediately before work, and about 2 hours is enough. Therefore, in the morning you should sleep about 4–6 hours or a little more, and closer to your shift, get a couple more hours. Maintain good sleep hygiene: ventilate the room, buy thick curtains, insert earplugs. Scientists advise wearing dark glasses in the morning when you return home so that bright sunlight does not “wake up” the brain and put it in a state of combat readiness.

The procedure for attracting an employee to night work

When an employer intends to engage a specialist to work at night, he must perform the following actions:

  1. Inform the employee against signature of the new work schedule at least 1 month in advance. If the employee belongs to the category that is required to work at night by agreement, the message indicates the right to refuse the offer. An additional medical certificate confirming the absence of contraindications is also required. Notification is given when night work is required. After notification, an order is issued by which the employee is required to work at night.
  2. The working hours are specified in the employment agreement if the night shifts are permanent. If initially the work was daytime, then transferring to a night work schedule requires additional registration. agreements to the contract (Article 72 of the Labor Code).
  3. The time worked at night must be indicated on the employee's time sheet. Opening hours at night o.
  4. Payment is made based on the timesheet.

Nuances of attracting disabled people to work at night

  • The working conditions of disabled people differ from ordinary ones and are regulated in addition to the Labor Code and Federal Law No. 181 of November 24, 1995 “On the social protection of disabled people in the Russian Federation.”
  • The duration of their working day is reduced to 35 hours, while full payment remains unchanged (Article 92 of the Labor Code).
  • The position of a disabled person should not be worsened compared to other employees - he has the right to claim the same wages for his work.
  • At night, disabled people are involved in work only with their consent and taking into account their state of health.
  • Working conditions must comply with IPRA - an individual rehabilitation and habilitation program.

To attract a disabled person to night work, it is necessary to fulfill the following requirements (paragraph 5 of Article 96 of the Labor Code):

  1. Obtain confirmation that the proposed work is permitted due to the employee’s health and does not conflict with the IPRA.
  2. Inform the employee of his right to refuse the proposed work at night.
  3. Before starting work, obtain written consent from a specialist to engage in night work.
  4. Draw up an additional agreement to the employment contract that specifies all the conditions of the new job (duration, schedule, payment, etc.).

Even with consent, if there are contraindications, a disabled person should not be allowed to work at night - this is a violation.

Each employee is entitled to a mandatory additional payment if he worked at night on a permanent or temporary basis. The level of surcharges is necessarily fixed in internal regulations. As with regular work, when working at night, employees also have the right to time for lunch and rest.

The field of labor law always has many nuances in practice, so if it is impossible to solve a specific problem, you should seek the help of a labor law lawyer. He will explain how to do the right thing and avoid violations of workers' rights. You can always consult for free. If it is necessary for a specialist to be personally present and carry out individual assignments, the work will already be paid. The amount of remuneration is discussed at the meeting.

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