The night work shift - everything you need to know

Most of us finish our working day around seven or eight in the afternoon, but there are many workers who work at night, while others sleep. They are the workers who have a night shift. This type of day is not only special because of the schedule in which it takes place, but because of its special characteristics, it has a series of specific rules that do not apply to day-shift workers. Discover in the following article all the important aspects you should know about the night workday.

The night worker

The night shift is regulated in Article 36 of the Workers' Statute and is that which takes place between 10 pm and 6 am. A night worker is a person who performs at least three hours of his daily work day or a third of his normal working day during this time. The working day of night workers may not exceed 8 hours per day on average during a reference period of 15 days.

Children under 18 years of age, those with a training and apprenticeship contract, pregnant women, those who have given birth and those who are breastfeeding can not work at this time.

Night workers can not perform overtime except:

  • If it concerns sectors of activity that have approved the extension of working hours.
  • If these hours are dedicated to prevent and repair accidents or extraordinary damages.
  • If you work shifts and there are irregularities in the relief of workers for reasons not attributable to the company.

Rights of night workers

Night workers will receive a specific compensation that will be determined in collective bargaining and, in addition, have a number of special rights:

  • Adapt safety and health measures to the nature of your work.
  • Free evaluation of your health periodically.
  • Be transferred if you have health problems due to your schedule.

Plus nocturnal

The specific compensation associated with a night work shift is called nocturnal plus. It is important to note that this remuneration is paid by the Social Security and is subject to IRPF withholding, regardless of whether it is a percentage of the base salary or a fixed amount.

The cases in which the nocturnal plus is not paid are the following:

  • If the collective agreement does not establish it.
  • If the base salary is set, nocturnality has been taken into account.
  • If it has been agreed to compensate nocturnality through rest days.