Contrary to what many people think, the world does not stop after the end of the day, usually between 18h and 21h. Did you know that there are professionals who work while the majority of the population sleeps? These employees have differentiated rights in relation to the others and the night additional is one of them.
Do you know what it means and how to calculate the night surcharge? Check out today's article and clarify all your doubts on this subject.
What is nightly surcharge?
THE Workers law consolidation, enacted in 1943 by Getúlio Vargas, unified the UK residents labor legislation and, since then, defends the rights of urban and rural workers.
Even so, after so many years and some labor reforms, certain rights and benefits still raise many doubts for both contractors and contractors.
The night bonus is a right of UK residents workers that guarantees different working and salary conditions for professionals who perform their duties at night.
Do you know from what time the nightly premium starts to be worth? This benefit is granted to all professionals who work between 10 pm on one day until 5 am on the following day.
Why is there a nightly surcharge?
THE night work it is part of the current reality of many companies. In order to guarantee their position in the market in the face of competition, corporations started looking for new ways to optimize their offerings and produce more. This induced the performance of professionals in different working hours.
In addition, the need for various nighttime professions in society has increased, such as security guards, drivers, gatekeepers, among others.
Therefore, if your organization has any workers who perform their duties at night, it is essential to understand all the laws and rules that involve the nightly surcharge.
From the new reality, described above, some workers act in their functions outside the known time commercial. This is because it is necessary to meet the new needs of consumers.
In order to regulate this situation, what we know as a nightly surcharge emerged. It is stipulated by law and aims to recognize that the professional who works on this journey suffers from greater wear and tear and other damage to the body compared to day workers.
Therefore, there needs to be a greater reward for these professionals. Due to the physical wear and tear that this period generates for workers, the workload is reduced by one hour when compared to employees who work during the day. However, it must be paid in full to employees.
In addition, the employee needs to receive a supplement in his / her remuneration. The night shift is equivalent to 20% over each hour worked for urban workers. For rural workers, this value is at least 25%.
For rural workers, there are still other differences. Your journey starts at 9:00 pm one day and runs until 5:00 am the next day. Livestock professionals carry out their activities between 8 pm on one day and 4 am on the following day.
What are the breaks at night work?
In the same way as working hours, employees work breaks they are also differentiated compared to day workers. They must follow the following rules:
- When work lasts up to 4 hours a night, there is no need for a break;
- When it is done between 4 and 6 hours a night, it must have an interval of 15 minutes;
- When the working time is longer than 6 hours, the interval should be between 60 and 120 minutes.
What are the differences between daytime and nighttime hours?
An employee who works during the night has a higher remuneration than the employee during the day and who performs the same function.
Night hours are calculated differently from those in the daytime, as the wear and tear on workers at night is greater. Therefore, for each hour of day work (60 minutes), we have 52 minutes and 30 seconds for night activities.
What is the basis for calculating the night surcharge?
To obtain the exact amount of the nightly premium, divide the monthly wage amount by the contractual hours and then multiply the amount by 20%, equivalent to the nightly premium.
Even though the night time is 52 minutes and 30 seconds, the worker must receive the amount for the full hour of work. As there is a reduction in time, the 8-hour day shift is equivalent to 7 hours in the evening. Everything that passes over that time is considered extra hour.
In addition, it is necessary to add the night surcharge on the hourly value for workers in this regime. Therefore, if your company has a night shift, pay attention to the calculation of employee compensation. Check out an example:
An employee of the night shift with a salary of £ 1,000 and a workday of 220 hours per month (44 hours / week) has one hour that costs £ 4.54.
Remember that to calculate the hourly rate, it is necessary to divide the total salary by the number of hours worked in the month.
Then add the nightly extra per hour of work. To reach this value, multiply the result obtained by 20%. Thus, for this employee, the additional amount would be £ 0.9.
Thus, when adding the 20% to the hourly value, we have the night hourly value: 0.9 + 4.54 = £ 5.44.
- Value of hour worked = total wage / monthly hours worked;
- Value of the nightly premium = value of the hour worked x 20%;
- Value of night time = value of hour worked + value of nighttime surcharge.
Now that you know how the night overtime calculation, it is worth remembering that this benefit and night overtime are incorporated not only in the worker's salary, but also in other benefits, how:
It is worth mentioning that the night surcharge is not applied in cases of exception. That is, if the work period happens at one time or another, the employee will not be entitled.
How was the nightly premium after the labor reform?
Even with the labor reform at CLT, the nightly 20% surcharge on workers' pay remains the same. This keeps the wage for night work higher than that for day work, according to the 7th article of the Federal Constitution, which says:
“The rights of urban and rural workers, as well as others that aim to improve their social condition, are:
IX – remuneration for night work higher than that for daytime work. ”
The rights provided for in the Constitution are aimed at improving the social conditions of UK residents workers. Therefore, overtime and nightly overtime may not change or be negotiated in collective agreements.
It is important that you know that workers under the age of 18 are prohibited from exercising their duties at night, according to the Federal Constitution.
How do overtime, paid weekly rest and shifts work?
For employees who receive a nightly premium, the right to weekly paid rest also applies. As well as overtime, which must be integrated into the rest.
The calculation of the amount to be paid by the company should start from the daily average of overtime hours worked. Then, the value must be multiplied by the value of the night overtime and the number of Sundays and possible holidays.
The calculation must follow the formula:
- Overtime in the month x night overtime value x normal time value.
However, when it comes to shifts, it is worth redoubling attention. Not all workers who work shifts at night earn an additional night shift. This must be established when hiring the professional.
This is the case with civil police, for example, as night work is part of their daily function. For situations like this, there are often longer periods of rest to compensate for physical wear and tear.
The nightly surcharge can be granted in different ways, as stipulated in the contract. As in the case of on-call doctors, in which in its hiring a differentiated value is already established in its fixed remuneration.
Is there any restriction in the case of nightly surcharges for women?
Women can work night shifts, receiving night shifts, just like men, since Law 7,855 / 89 which revoked all previous articles that prevented the female population from working at night.
In this way, women are subject to the same legislation as applied to men.
Keeping professionals working at night can bring some advantages to your organization, such as increased production and extended customer service.
However, to create this workday, it is necessary to prepare. Knowing how to calculate the nightly surcharge and offer the exclusive rights of workers on that shift is essential for your organization do not suffer any legal penalty.
What are the main differences from the night surcharge?
THE night additional contains several specificities and we can quote:
- The difference in the count of hours worked. One hour worked on the day shift is equivalent to 52 minutes and 30 seconds of the night period;
- The extra fee of 20% on the hourly rate;
- If the workday does not exceed the 4-hour period, there is no need for breaks for rest or food for the employee.
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