Staff overtime fairly strictly regulated by the Labour Code.In order to compensate for the inconvenience to employees who are at the same test, the legislation provides an entire system of surcharges.Consider how the payment is night work, which it has special features.
Who is not allowed to involve night work?
To begin to say to the considered time period assigned, starting with 22.00 and ending at 6.00.And there are categories of persons who for such work are not allowed:
- citizens who are 18 years of age have not yet fulfilled;
- pregnant women.
These provisions legislated in the Labour Code.
And even for minors, there are exceptions.If these persons are members of the creative teams (theater, film, circus) and participate in recreational activities, they are allowed to work in the evening.Of course, in compliance with safety standards.It is noteworthy that the coaches and professional athletes also perform their duties, when all the other tourists, but any benefits they have.
And who are attracted only with his consent?
Labour Code specifies that individual employees may be required to work only with their consent for night work.
This list includes:
- women who have brought up children up to 3 years;
- guardians of children under the age of 5 years;
- mothers (fathers) who do not have a spouse (wife) and raising children under the age of 5 years;
- employees who have brought up children with disabilities;
- people with disabilities;
- workers caring for sick relatives or family members.
But that's not all - to bring to the activities of the written consent of the employee.And he has the right to refuse to participate in the labor force during the night, and this was not followed by any punishment.
principles surcharges
Remuneration at night certainly higher than when operating in standard conditions.And the size of the additional payments should be determined by the following documents: a collective agreement, the industry regulatory act, a separate protocol, adopted in keeping with the union or the labor contract.Better, of course, if such records are kept in all such documents.
Thus, no matter what the tariffs were used as normal, extra charge for night work , at least the minimum amount, but it will be made.The State guarantees this right to every citizen.You must pay extra for at least 20% of the salary or hourly rate tariff.Below this bar can not be lowered, for this is strictly followed by the Labour Inspectorate.
However, in some industries, and so set pretty high stakes.For example, utilities and road transport on the basis of the individual tariff agreements pay at night is made with 40% th surcharge to the tariff rate.In ordinary health workers - 50%, and in the ambulance even 100%.In addition, the state to insure workers in the sense that if the different documents will be set different from each other surcharges, it applies the most favorable option.
And as it was before?
However, despite the apparent substantial value of these supplements, compared with additional payments practiced in the Soviet era, all this does not produce a very good impression.Judge for yourself: in the apparel, footwear industry an additional fee of 50% of the tariff rate, and in the baking and textiles - all 75%.
It is noteworthy that the night shift (even in the enterprise, they are ordered and are not something extraordinary) also fall into this category.Overtime payments - is one thing, pay at night - is another.They can complement each other in the event of unforeseen circumstances, but never exclusive.
