How to claim night work pay and check the calculation

When this guide is useful

Use this guide if you reg­u­lar­ly work after 22:00 or before 06:00 but your payslip has no clear night premium line. This may include shifts in office duty ser­vices, lo­gis­tics, and se­cu­ri­ty in Kyiv and Kyiv region. The key is not to assess all pay for the shift, but to iden­ti­fy the spe­cif­ic night hours and the sep­a­rate premium for them.

Start with the sched­ule and time sheet. A shift may start before 22:00 or end after 06:00, but under Article 54 of the Labour Code only hours within that in­ter­val are night hours. If actual work time differs from the time sheet, keep orders, cor­re­spon­dence, access logs, and other records that explain the dis­crep­an­cy.

Which deadline or procedure applies

Article 108 of the Labour Code pro­vides for in­creased pay for each hour worked at night. The rate is set by a general, sec­toral, ter­ri­to­r­i­al, or col­lec­tive agree­ment, but cannot be lower than 20% of the hourly tariff rate. So 20% is the start­ing point for review, not au­to­mat­i­cal­ly the correct per­cent­age for every em­ploy­er.

The premium must be cal­cu­lat­ed on top of or­di­nary pay for hours worked. It is ex­clud­ed from wages when check­ing the minimum wage under Article 3-1 of the Law on Re­mu­ner­a­tion of Labour, and under Article 30 the em­ploy­er must inform the em­ploy­ee about the com­po­nents of accrued pay. Ask for an item­ized ex­pla­na­tion of the night premium if the payslip does not show which hours, rate, and per­cent­age were used.

Ar­ti­cles 8 and 11 of Law No. 2136-IX es­tab­lish sep­a­rate rules during martial law but do not cancel payment for night hours. If the em­ploy­er relies on sus­pen­sion of a col­lec­tive agree­ment pro­vi­sion, check the parties’ mutual consent and the doc­u­ment showing the date, spe­cif­ic pro­vi­sion, and period. Check the dead­line for a wage claim sep­a­rate­ly under the current law and cir­cum­stances; for an initial es­ti­mate, use the wage claim court dead­line cal­cu­la­tor.

What to do step by step

1. Iden­ti­fy night hours. Make a monthly shift table and include only hours ac­tu­al­ly worked from 22:00 to 06:00. Sub­tract breaks when no work was per­formed and note any dif­fer­ences from the time sheet.

2. Confirm the hourly tariff rate. Use the con­tract, order, pay scale, or written payroll cal­cu­la­tion. If you only have a monthly salary, ask for the working-time norm and the method used to cal­cu­late the rate for each dis­put­ed month.

3. Find the ap­plic­a­ble per­cent­age. Check agree­ments, the col­lec­tive agree­ment, and the pay policy. Do not reduce a doc­u­ment­ed per­cent­age to 20%; if the em­ploy­er says the term was sus­pend­ed, request the rel­e­vant doc­u­ment.

4. Cal­cu­late the premium and dif­fer­ence. Use the night work premium cal­cu­la­tor: enter the con­firmed rate, night hours, per­cent­age, and gross premium already accrued. The main result is the premium; or­di­nary pay and the total are shown for context only.

5. Submit a written request or demand. State the period, hours, rate, per­cent­age, premium due, amount ac­tu­al­ly accrued, and dif­fer­ence. Attach copies of doc­u­ments and request a cor­rect­ed cal­cu­la­tion or a rea­soned re­sponse. Keep proof of service.

What to check before filing

Make sure all figures relate to the same period. A Kyiv em­ploy­er may have dif­fer­ent sched­ules for an office, ware­house, and se­cu­ri­ty staff, as well as dif­fer­ent tariff rates for dif­fer­ent roles. Do not use another em­ploy­ee’s rate or per­cent­age in your cal­cu­la­tion. If a shift crosses a month bound­ary, split it ac­cord­ing to the time sheet and rates for each period.

Sep­a­rate­ly flag hours that may be over­time, holiday work, or work on a day off. Night work does not replace or au­to­mat­i­cal­ly prove those grounds. For hours above the norm, use the sep­a­rate over­time pay cal­cu­la­tor only after check­ing the time-track­ing system. If the unpaid amount in­volves several salary com­po­nents, see the guide on re­cov­er­ing unpaid wages.

When to consult a lawyer

A legal review is useful if the em­ploy­er with­holds time sheets or a break­down of the rate, changed the sched­ule retroac­tive­ly, dis­putes that the work oc­curred, or relies on sus­pen­sion of a col­lec­tive term without a spe­cif­ic doc­u­ment. Also check the cal­cu­la­tion if night, over­time, holiday, or weekend hours overlap in one shift.

For a dispute with an em­ploy­er in Kyiv or Kyiv region, a useful con­sul­ta­tion outcome is a ver­i­fied table of hours and ac­cru­als, a doc­u­ment­ed ap­plic­a­ble per­cent­age, and a written demand with sup­port­ing ev­i­dence. The cal­cu­la­tor helps check the arith­metic but cannot es­tab­lish the time sheet, whether an agree­ment applies, or the final debt amount without doc­u­ments.