With the signing of Law 1846 of 18 Jul 2017, Articles 160 and 161 of the Substantive Labor Code were modified and it was established that the day work will be between 6:00 a.m. and 9:00 p.m. and night work, from 9:00 p.m. at 6:00 am. Thus, employees working after nine in the evening and until six in the morning will be paid an hourly surcharge of 35%.
"The number of hours of daily work may be varied in a variable manner during the respective week, having at least four continuous hours and a maximum of ten hours a day, without any extra work charge, when the number of hours worked does not exceed the average of 48 hours a week within the regular session from 6:00 a.m. to 9:00 p.m., "reported the Presidency of the Republic.
This law also allows the employer and the worker to agree that the 48-hour work week is fulfilled by means of "flexible daily working days" distributed at most six days a week, with a mandatory rest day that may coincide on Sunday. The initial proposal, however, was that the nightly surcharge be paid back from 6:00 p.m. How do I pay the nightly surcharge? To calculate the surcharge, you must first determine the value of the daytime.
How do you do this? The monthly salary is divided into 240 hours, a number that comes from the multiplication of 30 days of the month for the hours worked per day, that is, 30 x 8 = 240.
Clarifications If they are night overtime, the surcharge is 75% not cumulative with the night surcharge of 35%. If you work on a night time on a Sunday or a holiday, you pay 35% of the nightly surcharge plus 75%. In total, a surcharge of 110%. If you work extra hours on Sundays or holidays, the surcharge is 150%. Night charges are part of the salary As part of the salary, they are the basis for the calculation of social security (health, pension and ARP), social benefits (service premium, layoffs, interest on layoffs), and parafiscal contributions (Sena, ICBF and compensation funds ).