Night Shift Differential on Overtime

In Brazil, it is understood by courts that overtime worked in continuity of a night shift must be paid including night shift differential. However, the concept of reduced hour of 52 minutes and 30 seconds is not applied to the count of these extra hours.

Thus, a control is available so as to determine the calculation of this shift differential on daytime overtime.

Important:

• There is no specific event for shift differential on daytime overtime, that is, it is calculated considering daytime and nighttime overtime.
• Daytime overtime worked before the expected start of the workday are not considered for calculating night shift differential.
• There is no handling for night shift differential calculation periods except daily.
• Shift differential on daytime overtime on days not worked is not generated. This means that if the start of the workday is on a day not worked, the daytime overtime are not considered in the differential calculation. However, if the workday started on a day worked, overtime worked in continuation of the night shift is considered for calculating the night shift differential on overtime.

Example:

Table

 

9:00 PM

11:00 PM

12:00 AM

4:00 AM

 

Records

8:00 PM

 

11:00 PM

12:00 AM

 

6:00 AM

 

According to the example, the results of the annotation are:

• One hour of regular overtime corresponding to the period from 8:00 PM to 9:00 PM.
• One hour of nighttime overtime corresponding to the period from 4:00 AM to 5:00 AM (considered as reduced hour).
• One hour of regular overtime corresponding to the period from 5:00 AM to 6:00 AM.
• Night shift differential on overtime corresponding to the period from 4:00 AM to 5:00 AM (considered as reduced hour).
• Night shift differential on overtime corresponding to the period from 5:00 AM to 6:00 AM (not considered as reduced hour).

As can be seen, overtime worked before the start of the workday has not been considered in the calculation of night shift differential.

Now, when making the annotation, overtime in continuation of night shift is considered for calculating night shift differential on overtime.