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In Addition to the Minimum Increase of 20%, Legislation Guarantees That Each Night Hour Is Counted as Only 52 Minutes and 30 Seconds, Which Can Significantly Increase the Salary of Those Who Work at Night.
The night shift premium is one of the most well-known labor rights, but also one of the most misunderstood. Many people believe it is just a 20% increase over the regular hour, but the reality is that the law goes beyond that and establishes mechanisms that, in practice, can generate greater earnings for the worker.
According to labor lawyer Ricardo Azevedo, a specialist in social security and labor law for over 18 years, the central point is in the so-called reduced hour night each hour of night work counts as 52 minutes and 30 seconds, but is paid as if it were a full hour, ensuring a double advantage for the employee.
What the Law Considers Night Work
According to Article 73 of the CLT, urban night work spans from 10 PM to 5 AM. In rural areas, the times vary: in agriculture, it is from 9 PM to 5 AM; and in livestock, from 8 PM to 4 AM.
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This definition is fundamental because the night shift premium is only due within these periods.
Another point few know is that the premium is not limited to the 20% increase in urban areas. For rural work, the law provides for an even higher percentage: minimum of 25%.
This means that workers in the field who work at night are entitled to a higher compensation.
Reduced Hour: The Detail That Can Make a Difference in Your Pocket
One of the most important and often overlooked aspects is the reduction of the night hour to 52 minutes and 30 seconds.
In practical terms, this means that if someone works from 10 PM to 6 AM, they will have actually completed 7 hours and 20 minutes of work, but will be paid as if they had worked a full 8 hours.
Ricardo Azevedo warns that many companies only pay the 20% premium but disregard the reduced hour, which represents a loss for the worker.
“Sometimes it’s not bad faith, but rather ignorance of the rules. Even so, the law is clear: both compensations must be applied,” he explains.
When Night Work Prolongs
Another point provided by law is what happens when the shift crosses the 5 AM limit. According to the Summary 60 of the TST, if the employee starts during the night and continues after that time, the entire period must receive the premium.
This prevents part of the shift from being considered daytime without the proper compensation.
This detail is essential in sectors such as transportation, health, and security, where shift extensions are common. Ignoring this rule can significantly reduce the worker’s remuneration.
Reflections of the Premium on Salary
The night shift premium integrates all salary components. This means it must reflect in the calculations for vacation, 13th salary, Guarantee Fund (FGTS), and other benefits.
In other words, it is not just a monthly increase, but a direct impact on the entire set of labor rights.
For those who receive the premium regularly, the lack of integration can represent accumulated losses over time.
“It is essential to check if the calculation is being done correctly. Otherwise, it is up to the worker to seek guidance from the union or a lawyer,”
Specific Rules for Categories and Collective Agreements
In addition to the CLT, collective labor agreements can expand the rights of those working night shifts.
Some categories negotiate premiums higher than 20% and define specific hours for considering the shift as night.
Therefore, it is always advisable to check with the category union if there are differentiated provisions. In many cases, extra benefits can represent fairer and more appropriate remuneration for the reality of each sector.
How to Calculate the Night Shift Premium
To calculate, it is necessary to determine the value of the employee’s regular hour. Then, apply the 20% increase (or 25% in the rural case) and consider the reduced hour.
Example: someone who earns R$ 3,000 monthly, divided into 220 hours, has a regular hour value of R$ 13.64. With the premium, the night hour becomes worth R$ 16.37.
Ricardo Azevedo advises that the worker records their entry and exit times, checks the amounts received, and if they notice discrepancies, speaks with the company’s HR.
If the problem persists, the way is to seek legal or union support. The deadline to claim the differences is up to two years after the end of the contract.
The night shift premium goes far beyond the mentioned 20%. It involves the application of the reduced hour, the extension of the night shift after 5 AM, and integration into all salary components.
Ignoring these details can mean losing money for those already facing the strains of working at night.
And you, have you checked if you’re receiving the night shift premium correctly? Do you think the law is clear or needs adjustments to avoid losses?
Leave your opinion in the comments; we want to hear from those who live this in practice.
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