If your restaurant or cafรฉ operates until midnight or later โ you need to know a few things about night work. Not because you enjoy reading legal texts, but because labor inspections check these things and fines are real.
What does the law say about night work?
In all countries of the region (Croatia, Bosnia and Herzegovina, Serbia) night work is defined similarly, but with different specificities:
- ๐ญ๐ท Croatia: night work between 22:00 and 06:00. Workers who regularly work nights have special rights under the Labor Act.
- ๐ง๐ฆ Bosnia and Herzegovina: night work between 22:00 and 06:00. A special salary premium is legally mandatory.
- ๐ท๐ธ Serbia: night work between 22:00 and 06:00. Labor Act prescribes a minimum premium of 26% on the regular hourly rate.
- โ ๏ธ Always check current legislation for your country โ this information is general and does not replace legal advice.
Regardless of country: every hour worked between 22:00 and 06:00 must be separately recorded and calculated with the appropriate premium. This is not optional.
What you are specifically required to track and pay
Obligation 1: Separate records for night hours
Every hour worked between 22:00 and 06:00 must be separately recorded. Concrete examples:
- Waiter works 20:00โ01:00 โ record: regular 20:00โ22:00 = 2h; night 22:00โ01:00 = 3h
- Chef works 18:00โ02:00 โ record: regular 18:00โ22:00 = 4h; night 22:00โ02:00 = 4h
- Records must be available for inspection โ authorities can request the previous 2 years
๐ก General records without separate night hours can result in fines and retroactive demands from employees.
Obligation 2: Legally required night work premium
In Serbia the minimum legal premium is 26% on the basic hourly rate for each night hour. In BiH and Croatia it is regulated by collective agreements. If you do not have automatic payroll that differentiates day and night hours, you risk errors in payroll.
Obligation 3: Restrictions for minors and pregnant workers
The law prohibits or restricts night work for minors (under 18) and pregnant workers. For a restaurant this means you cannot schedule a young employee for a shift that falls during night hours.
Most common mistakes by restaurant owners with night shifts
These are mistakes from owners who have had problems with inspections or disputes with employees:
Mistake 1: Records kept casually
Worked nights โ that is it. Not sufficient for inspection or correct payroll. Records must be precise:
- Handwritten notebook: errors, illegibility, can be lost
- Excel without a formula for night hours: manual calculation that makes mistakes
- WhatsApp records: not legally acceptable in case of a dispute
- End-of-period reconstruction: inspections do not accept retroactive records
Mistake 2: Night premium not calculated
Many owners do not know they need to pay more for night hours. Employees who discover they have not received the legally required premium for years can request retroactive payment with interest.
Solution: Automate night payroll
Digital time tracking that automatically recognizes night hours eliminates all these problems:
- System automatically records hours by time of day (day / night)
- Applies defined coefficient for night hours during payroll calculation
- Creates a report acceptable for inspection purposes
- Automatically alerts if a minor has a night shift
No manual transcription, no formula errors, no doubt about whether payroll is correct.
Advice: Define night work in the employment contract
We recommend clearly defining in the employment contract or work rules:
- Which shifts are considered night work
- What the premium percentage is โ legal minimum or more
- How night hours are recorded and paid
Checklist: are your night shifts in order?
Go through this once and check where you stand:
- โ I know which hours count as night work (22:00โ06:00)
- โ Records separately track night and day hours
- โ Payroll calculated with the appropriate night work premium
- โ Minors not scheduled for night shifts
- โ Records are digital or well archived โ available for 2+ years
- โ Night work is defined in the contract or work rules
FixmanHR automates night payroll
Shifts, night hours, premiums โ all automatic. Never again manual transcription or errors in night hour calculations.
๐ Automatic night hours
System automatically recognizes which hours are night hours and records them separately.
๐ฐ Correct premiums
Define the night premium percentage once โ the system applies it automatically every time.
๐ Inspection reports
Records in a format that meets legal requirements. Always ready for inspection.
โ ๏ธ Minor alert
System alerts you if you try to schedule a minor for a shift with night hours.
Are your night work records in order?
FixmanHR automates night hour tracking and payroll. Inspection can come anytime โ you are always ready.
Conclusion: Night work is not complicated, but must be in order
Every hour between 22:00 and 06:00 must be recorded and calculated with the appropriate premium. This is a legal obligation.
FixmanHR recognizes night hours, applies the coefficient, creates reports. You focus on the restaurant โ the legal side is covered.
๐ Get your night work records in order today. 14 days free, no credit card.