Frequency and duration of breaks during working hours according to the Labor Code

Labor legislation has established various types of breaks during the working day.

The following are equivalent to working time (while not being working time):

• breaks for feeding the child (Articles 258, 264 of the Labor Code of the Russian Federation);
• downtime (Article 157 of the Labor Code of the Russian Federation);
• break for eating at the place of work (Article 108 of the Labor Code of the Russian Federation);
• special breaks during working hours, “lunch” breaks (Article 109 of the Labor Code of the Russian Federation, letter of Rostrud dated April 11, 2012 No. PG/2181-6-1);
• business trip period;
• rest between shifts during shifts, etc.

During the working day, the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes (Article 108 of the Labor Code of the Russian Federation). This break is not included in working hours and is usually called a “lunch break” or “lunch break.” The time for granting a break and its duration are established by internal labor regulations or by agreement between the employee and the employer.

Main types

Experts divide breaks into several large groups:

• general and special;
• mandatory and recommended;
• included in wages and not included.

General breaks under the Labor Code are provided to all workers, this is a lunch break and possible short-term breaks for personal needs.

Special include breaks for certain areas of work or for certain categories of workers, for example, for workers in the tobacco industry, for PC users or for women with small children to feed them.

If we talk about mandatory and recommended , then the first includes breaks, the provision of which is the responsibility of any employer, and the second includes breaks, the need for which in each organization is determined differently and formalized by local regulations.

A lunch break, special breaks for heating and feeding the child are recognized as mandatory

Almost all breaks, as a rule, are included in paid time , with the only exception being a long break for rest and food - it is not paid.

Types of breaks at work

All work breaks can be divided according to several criteria. So, according to the scope of specialties, they are:

• general – these apply to each employee;
• specialized - that is, relating only to selected categories, for example, nursing mothers or representatives of certain professions for which the need for pauses is associated with the peculiarities of working conditions.

Another division is mandatory, according to which there are pauses:

• mandatory - they must be installed, and if the employer does not provide them, this may become a reason for litigation;
• recommended - they are installed at the request of the employer.

Finally, breaks are divided according to whether they are included in working hours, paid or not. Everything is simple here - there are breaks that are included in it and those that are excluded.

Establishment

The types, beginning, and duration of breaks are established by collective or labor agreements , as well as internal labor regulations ( ILR ).

An employment contract can stipulate a break if for a particular employee it differs from the general one in the organization: for example, it can stipulate the conditions for providing breaks to sales agents, merchandisers, and other employees with “field” working conditions who are unable to foresee how long it will take. negotiations or work with different clients.

Labor Code of the Russian Federation

Section V. REST TIME

Chapter 17. GENERAL PROVISIONS

Article 106. Concept of rest time

Rest time is the time during which an employee is free from performing work duties and which he can use at his own discretion.

Article 107. Types of rest time

Types of rest time are:

breaks during the working day (shift);

daily (between shifts) rest;

weekends (weekly uninterrupted rest);

non-working holidays;

vacation.

Chapter 18. BREAKS IN WORK. WEEKENDS AND NON-WORKING HOLIDAYS

Article 108. Breaks for rest and food

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 109. Special breaks for heating and rest

For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Employees working in the cold season in the open air or in closed, unheated rooms, as well as loaders engaged in loading and unloading operations, and other workers, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Weekends

All employees are provided with days off (weekly continuous rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row. (as amended by Federal Law No. 90-FZ of June 30, 2006)

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 112. Non-working holidays

Non-working holidays in the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 — New Year holidays; (as amended by Federal Law No. 35-FZ dated April 23, 2012)

January 7—Christmas Day;

February 23 - Defender of the Fatherland Day;

March 8—International Women's Day;

May 1 - Spring and Labor Day;

May 9 - Victory Day;

June 12—Russia Day;

November 4 is National Unity Day. (Part 1 as amended by Federal Law dated December 29, 2004 N 201-FZ)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article. (as amended by Federal Law No. 35-FZ dated April 23, 2012)

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

The presence of non-working holidays in a calendar month is not grounds for reducing wages for employees receiving a salary (official salary). (Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off. (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated April 23, 2012 N 35-FZ)

Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract. (as amended by Federal Law No. 13-FZ dated February 28, 2008)

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Chapter 19. HOLIDAYS

Article 114. Annual paid holidays

Employees are provided with annual leave while maintaining their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

Annual basic paid leave is provided to employees for 28 calendar days.

Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. cases provided for by this Code and other federal laws. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

(as amended by Federal Law dated December 28, 2013 N 421-FZ)

Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions.

The minimum duration of annual additional paid leave for employees specified in part one of this article is 7 calendar days.

The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and collective agreements, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave that exceeds the minimum duration of this leave established by part two of this article may be replaced by a separately established one. monetary compensation in the manner, in the amounts and on the terms established by the industry (inter-industry) agreement and collective agreements.

Article 118. Annual additional paid leave for the special nature of work

Certain categories of employees whose work is related to the specific characteristics of their work are granted additional annual paid leave.

The list of categories of employees for whom annual additional paid leave is established for the special nature of the work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and which cannot be less than three calendar days. (as amended by Federal Law No. 90-FZ of June 30, 2006)

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours are established in federal government institutions by regulatory legal acts of the Government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation by regulatory legal acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions by regulatory legal acts of local government bodies . (Part two as amended by Federal Law dated April 2, 2014 N 55-FZ)

Article 120. Calculation of the duration of annual paid leave

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave. (as amended by Federal Law No. 90-FZ of June 30, 2006)

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

Article 121. Calculation of length of service giving the right to annual paid leave

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The length of service that gives the right to annual basic paid leave includes:

actual work time;

the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time of the annual paid leave, non-working holidays, days off and other rest days provided to the employee;

time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

the period of suspension from work of an employee who has not undergone a mandatory medical examination through no fault of his own; (as amended by Federal Law dated November 25, 2013 N 317-FZ)

the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year. (paragraph introduced by Federal Law dated July 22, 2008 N 157-FZ)

The length of service that gives the right to annual basic paid leave does not include:

the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Article 76 of this Code;

time of parental leave until the child reaches the legal age;

(as amended by Federal Law No. 90-FZ of June 30, 2006) the paragraph has lost force. — Federal Law of July 22, 2008 N 157-FZ.

The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Article 122. Procedure for granting annual paid leave

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

employees who have adopted a child (children) under the age of three months;

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 123. Sequence of granting annual paid leave

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006)

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee in the following cases: (as amended by Federal Law No. 90-FZ of June 30, 2006)

temporary disability of the employee;

the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose; (as amended by Federal Law No. 90-FZ of June 30, 2006)

in other cases provided for by labor legislation and local regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employee was not paid in a timely manner for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another date agreed with the employee. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted. (as amended by Federal Law No. 90-FZ of June 30, 2006)

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Article 125. Division of annual paid leave into parts. Review from vacation

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Article 126. Replacement of annual paid leave with monetary compensation

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (except for payment of monetary compensation for unused vacation upon dismissal, as well as cases established by this Code). (as amended by Federal Law dated December 28, 2013 N 421-FZ)

Article 127. Exercise of the right to leave upon dismissal of an employee

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

Article 128. Leave without pay

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days per year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, killed or died as a result of injury, concussion or injury, received while performing the duties of military service (service), or as a result of an illness associated with military service (service) - up to 14 calendar days a year; (as amended by Federal Law dated July 2, 2013 N 157-FZ)

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

Rest and food

Article 108 of the Labor Code of the Russian Federation establishes the obligation of any employer to provide all employees during work with a daily (every shift) break for rest and food lasting no less than half an hour and no more than two hours. The duration of the break within this period is fixed by an internal document of the organization, most often it is the PVTR.

The unpaid lunch break means that the employee can use it for any personal purpose: not only to eat, but also to run to the store, go on a date, pick mushrooms in a nearby forest belt, sleep at home, and finally.

Of course, there are exceptions , and not everyone working during a shift can break away from work to eat or rest.

For example, Order of the Ministry of Education and Science No. 69 of March 27, 2003 states that people working in the field of education , that is, teachers, educators, teachers, lecturers, etc., do not interrupt their work, leave for personal matters they cannot and only dine at the same time as the children they teach and are responsible for. are paid for their lunch break .

The employer is not obliged, but has the right to establish several working hours and, accordingly, breaks at different times and of different durations for different groups of employees. This is prescribed in the local acts of the organization. But sometimes such features are provided for by law. For example, the Ministry of Transport of the Russian Federation established the specifics of breaks for drivers (Order No. 15 of August 20, 2004) and air traffic controllers (Order No. 10 of January 30, 2004): if drivers work a shift longer than 8 hours, then they receive food and rest is given two breaks from half an hour to two hours, and dispatchers flying aircraft on the night shift are given an additional hour of rest. These breaks are not included in paid time .

The need to provide a break for food and rest for people working part-time or part-time raises questions. But there are no reservations or comments in this regard in the Labor Code of the Russian Federation, which means that the obligation to provide such a break lies with the employer in any case; he can simply allocate the established minimum for this - 30 minutes .

If a part-time employee agrees, then it is possible to determine a part of the working day during which he may not be given a break for rest and food.

An employer can introduce a “floating” lunch break , in which a time corridor is established in the PVTR and only the duration of the break is strictly determined, and when to start it is decided and agreed upon with the head of the department by the employee himself.

You can do without PVTR if we are talking about one employee with an individual work schedule - in this case, all the features of the breaks provided to him are reflected in the employment contract or an additional agreement to it.

If an employee, at his own discretion, decides to use his lunch break for work, then that is his choice .

The employer does not have to pay for this time.

You will find more information about the rules for establishing and duration of lunch breaks in our separate article.

Documentary regulation of breaks

Breaks should be regulated in detail by internal regulations, which indicate at what time they are provided, as well as how long they last. The same rules also list those jobs for which breaks for rest and food cannot be provided. If the job is one of these, then it will be necessary to ensure that the employee can take food directly during working hours.

But the lunch break is the easiest thing. Much more difficulties arise with the regulation of other pauses, which should also be provided for by the rules. All small smoke breaks, tea breaks and walks along the corridors - should they be decisively suppressed, or do employees still have the right to them? It depends on the specifics of the work, but this is what Article 109 of the Labor Code talks about. Mainly, such breaks are needed if the work is office and involves interaction with a computer - for example, the appendix to the Sanitary Rules and Standards recommends alternating work with and without the use of a computer. Accordingly, if there is no such rotation, the employee needs regular breaks, and they are included in working hours.

We have described the rights of employees, and it would be good if they used them and nothing more, however, in reality, everyone works with different efficiency, and some also tend to rest more than necessary. At every enterprise, management has to deal with the problem of uncontrolled interruptions that reduce work efficiency. Employees simply gather in a smoking room or somewhere else, often in groups, and do not work for a long time, arguing that they are taking a legitimate break. Over time, the number and duration of such breaks only grow, and they can last longer than the work itself. It is very difficult to combat such abuses, especially since a bad example is contagious, and if several such workers appear, then most of the rest will soon begin to neglect their duties to one degree or another - the level of labor discipline will drop.

To prevent this, it is necessary to strictly regulate breaks and prevent excessive use of them by employees. Their total duration during office work at a computer should be within 40-80 minutes with a standard working day.

Such parameters should be indicated in the schedule; if necessary, separate instructions from management can be added to them. Employees are familiarized with all these documents, they sign, certifying that they know and accept the rules, after which failure to comply will be fraught with disciplinary action. Systematic violations can even lead to dismissal.

In the rules, breaks can be defined either strictly based on time, for example, setting a break of 10 minutes at the end of the hour every two hours: from 9:50 to 10:00, from 11:50 to 12:00, and so on, or or floating. The first option is more convenient for monitoring employees if discipline is not at the proper level. If it turns out that it is already 10:20, and they are in the smoking room, then the offenders will not be able to say that they have just arrived, because there is a clearly established time at which they must be in it. The second option is suitable for more democratic companies, but in this case you can also use time tracking services for computers, with the help of which you can monitor that employees do not rest excessively.

Smoking is a separate topic; it’s not for nothing that breaks are often called smoke breaks, but because very often they are required by smoking employees. At the same time, it is far from a fact that such an employee will take fewer breaks for other needs; as a result, in reality, the useful time spent will be reduced even more. According to the Labor Code, smoking breaks - and now we mean specifically the time for smoking - are not provided for, which means you can freely fight them. Various techniques are used to fight:

• bans on smoking within the boundaries of the enterprise are fraught with the fact that employees will be forced to leave the enterprise, and even greater losses of time;
• fines;
• incentives for non-smokers;
• increasing the length of the working day for smokers - then breaks to smoke will be accepted on an equal basis with others, but those employees who use them are forced to stay in the office longer.

Personal needs: going to the toilet, smoking break, coffee break

The regulations do not stipulate the employer’s obligations to provide short breaks for psychological relaxation, a cup of coffee, smoking, or visiting the toilet.

However, the methodological recommendations for determining working time standards indicate that in order to reduce fatigue, it is advisable to allow such breaks, including them during working hours.

As a rule, such breaks are allocated 10-20 minutes per shift, but their duration may vary depending on working conditions. Such breaks are established by local acts of the organization.

The most humane employers equip a special rest room where employees can relax for a while and relieve stress.

Grounds for granting a break

Breaks are established on the basis of a bilateral agreement between the staff and the employer. The basis for providing time for rest is regulations, the Labor Code of the Russian Federation. However, articles 107 and 109 of the Labor Code of the Russian Federation do not spell out the details. The latter are determined by local acts. For example, these are internal rules. They include this information:

• Working and rest conditions for employees.
• List of types of activities and categories of workers that require technological breaks.
• Number of stops and their duration.

FOR YOUR INFORMATION! It is necessary to distinguish between breaks that are needed for heating and rest, and breaks intended for nutrition. The latter are regulated by 108 Labor Code of the Russian Federation.

Technical

The Labor Code of the Russian Federation in Article 109 provides for special breaks that are necessary due to technology, features of the production process and the specifics of work activity. Their types, purpose, duration and conditions of provision are established in the collective agreement and PVTR.

Such a break, for example, can be provided to those who constantly work at the computer , especially if the severity and intensity of their work activity is high. The duration of breaks and load category are calculated in accordance with SanPiN 2.2.2/2.4.1340 03.

A person working at a computer can take a 10-15 minute break after every hour of work and spend a total of 50 minutes to an hour and a half on this per day. As a rule, at the discretion of the employer, these breaks are included in paid time.

Technical breaks can be provided to workers performing monotonous work on a production line near a conveyor.

Similar breaks are required for air traffic controllers working at a console with a video display: they must interrupt work for 20 minutes after each two-hour working period, and for drivers engaged in intercity transportation: after three hours from the start of the trip, they must break for 15 minutes, and then repeat this after every two hours.

Special technical breaks in accordance with Article 109 of the Labor Code of the Russian Federation are provided for by the relevant Rules on labor protection for workers employed in the tobacco and starch industries (Orders of the Ministry of Agriculture of the Russian Federation No. 51 and No. 52 of February 10, 2003), in the production of various types of alcohol and juices and in production of baker's yeast (Orders of the Ministry of Agriculture of the Russian Federation No. 892 and No. 895 of June 20, 2003).

The application of a fire-retardant coating requires workers to be given a technical break of 10 minutes every hour of work (Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 141 of June 11, 2003).

Workers engaged in the transportation of goods by rail using gas masks and respirators are from time to time given at least a 15-minute technical break, which they spend, having removed the protective device, in a place where harmful substances and dust cannot penetrate (Resolution of the Main State sanitary doctor of the Russian Federation No. 32 dated April 4, 2003).

Special breaks of up to 15 minutes are provided to employees of cadastral registration , who are required to receive and advise applicants.

And also post office workers.

Those working in the penal system may also be given an additional break of one to four hours if they work a night shift for more than 12 hours.

More information about the specifics of providing and duration of technical and technological breaks can be found here.

Do I need to create a smoking break schedule?

How can an employer correctly document how many breaks, what type, and which employee is entitled to during the working day?

As one of the options, we propose to stipulate in the agreement with each employee how many minutes and at what specific time the latter is allowed to leave working hours for a smoke break.

Another option is to draw up a schedule for smoking breaks at work for the entire enterprise as a whole or separately for departments - a sample from the PVTR may look like this:

In addition to the lunch break established in clause 7.5 of these Rules, establish work breaks for employees of division A lasting 10 minutes, used by each employee at his own discretion:

• at 9:30;
• 14:30.

For employees of division B, work breaks lasting 10 minutes, used by each employee at his own discretion, should be established:

• at 10:00;
• 15;00.

The specified time is not included in working hours and is not subject to payment.

Drawing up schedules may not always be practical, but in most cases they will help prevent conflicts between employers and employees, since they will clearly regulate the time of work and rest.

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When working in cold and hot weather

Those who work in winter outdoors or in rooms without heating , loaders, janitors and, if circumstances require, other workers, in accordance with Article 109 of the Labor Code of the Russian Federation, are entitled to special paid regulated breaks for heating and rest, which are included in working hours, and each of which lasts at least 10 minutes.

Employees must spend these breaks in specially equipped by the employer, where they can take off their warm outer clothing and warm up.

In this case, certain conditions must be met

• the temperature in special rooms should not be lower than 21 °C;
• to warm your hands and feet, heaters with a temperature of 35 to 40 °C are needed;
• During these breaks, you should not leave the heated room for more than 10 minutes at -10 °C, and longer than 5 minutes if it is colder than -10 °C outside.

During the lunch break, workers must be provided with hot food , after which a 10-minute interval must pass before going out into the cold.

Safety rules for the construction of underground structures require that those working with vibrating tools in frozen soil need to take a 15-minute break after working for a 40-minute period. At the same time, in the warm room provided to them, heaters with a temperature of at least 40 °C are required.

The absence of heating breaks and specially equipped heated premises are a legal basis for the employee to stop working, and for the employer to be held administratively liable.

Those working in hot climates may also be allowed additional breaks , although they are not mandatory for the employer, but recommended.

Too high a temperature can significantly reduce a person’s performance and cause significant harm to his health.

Therefore, work in such conditions must be well planned, taking into account the regulatory requirements for work and rest in the heat, which regulate the duration of continuous work at high air temperatures and the time spent in a comfortable microclimate to restore the thermal balance in the body. The main documents in this case are SanPiN 2.2.4.548–96 and Methodological recommendations 2.2.8.0017-10.

If the air temperature rises to 26-28 degrees, the total duration of not too strenuous work should be no more than 5 hours , and hard work - no more than two and a half. After working easily for about 40 minutes, the employee can break and spend 15-20 minutes in a room with a comfortable temperature.

Labor activity with significant energy consumption involves 10-20 minutes of continuous work in the heat for one hour and after that a break to restore normal conditions for a longer time than 20 minutes.

During physical activity

Specific parameters for breaks when working under conditions of high physical stress are established depending on the position and the nature of the load. There is no doubt that they are mandatory and are included in paid time. Of the general recommendations, it should only be noted that the intervals between pauses are usually longer, but the breaks themselves are also longer so that the body has time to rest, for example, 20 minutes every two hours. But it all depends on the specific type of work, because it is not always possible to work for two hours without a break under high physical exertion.

To summarize what has been said, we will briefly list the important rules that will help achieve clear regulation of breaks in production and when working in the office:

• Employees must have a clearly documented work and rest schedule, indicating all possible pauses. If necessary, documents are updated, new items are added or irrelevant ones are removed.
• When developing a regime, you should focus on the exact nature of the work, how long the working day lasts, how workdays and weekends alternate, and similar factors.
• All employees must be familiar with the documents that regulate pauses and sign them.
• Breaks are controlled according to a well-thought-out system that is clearly communicated to each employee.

The importance of rest should not be forgotten; periodic breaks allow you to keep yourself in good shape, focus your attention better and produce greater productivity than working without breaks. However, they need to be clearly regulated so that there is no scope for abuse.

For feeding baby

For women who work with children under 1.5 years of age , the Labor Code in Article 258 guarantees at least a 30-minute break every three-hour working period to feed the child. If such a child is not alone, then a long break should take at least an hour .

With a standard eight-hour working day, a worker has the right to two such breaks . She can apply to join them during the lunch break or move them to the beginning or end of the day.

Feeding breaks are included in working hours , payment for them is calculated in the amount of average earnings, taking into account the unified social tax, pension contributions, personal income tax and contributions for compulsory insurance against industrial accidents.

If working time is divided into parts

Some workers in trade, services, communications, transport and utilities have an uneven distribution of workload due to the nature of their work activity or production process.

In such cases, due to the specific nature of the work, the working day has to be divided into parts , and between them provide either one break lasting up to two hours, or several breaks, including a lunch break. In this case, the total working hours should not exceed the standard working day.

Such breaks within a shift with a split working day are not included in working hours and are not subject to payment , but for such a working regime, employees receive monetary compensation provided for in Article 149 of the Labor Code of the Russian Federation.

A fragmented working day, the number and duration of breaks during it are provided for by internal or legal regulations . Thus, the Regulations of the Ministry of Transport of August 20, 2004 for bus drivers on regular routes provide for the division of the working day into two parts, the first of which should take no more than 4 hours , after which the driver is given a break of up to 2 hours (this does not count the lunch break) .

Are breaks included in working hours?

leaves (or may leave) the workplace during a lunch break according to the Labor Code of the Russian Federation the lunch break is excluded from the counted working time.

If an employee, going on a lunch break , only briefly breaks away from work without leaving the workplace (under special working conditions), such time intervals are taken into account as part of working time.
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If it lasts longer than expected

Sometimes workers delay their break and return to work at the wrong time.

This is considered lateness , for which the organization usually faces disciplinary action.

Being more than 4 hours late without a good reason may result in dismissal for absenteeism.

The manager establishes the validity of the reason on the basis of the explanatory note , which must be written by the employee who was late from the break.

If the reason is considered unconvincing , the employer issues an order for disciplinary action on the basis of a document establishing the fact of lateness: an act of violation, an internal memo from a manager or colleague.

Having learned about lateness after a break, the manager has the right to bring the violator to disciplinary liability within a month, but no later than six months from the date of lateness.

Of course, the employer should take into account the severity of the violation, its cause and the characteristics of the employee.

You will find more information about existing working hours in our special articles:

• What does shortened working hours mean and what is a flexible schedule?
• Who can apply for part-time work?
• How long can a working week last according to the Labor Code?
• How does the Labor Code regulate work on weekends and holidays, and how should business trips on days off be paid?

Summary

By providing for the types and duration of breaks during work, labor legislation tries to take into account the interests of both the employee and the employer . If these requirements are not followed, you can get into trouble. Employers who deny workers legal breaks risk paying fines :

• officials will be fined from 1 to 5 thousand rubles;
• individual entrepreneurs will be fined from 1 to 5 thousand rubles or their activities will be suspended for 90 days;
• legal entities will be fined 30-50 thousand or have their activities suspended for 90 days.

“Repeat offender” employers who repeatedly ignore the need for legal breaks for their employees may be disqualified for a minimum of a year, and a maximum of 3 years.

How is the duration of a technical break determined?

If an employer sets a break that is too short, this may expose him to liability. But the opposite situation may also arise - the break is too long. Such a break can be even worse than a short one, because it leads to an increase in working hours, aggravating the situation for both workers and employers. Moreover, there are two possible options for taking too long a break: employees dragging it out and drawing up a schedule that does not comply with legal standards.

In the first case, these may be ordinary tardiness, for which the employee may face certain sanctions. In the second case, the fault lies with the employer; it is he who sets long breaks, but leads to inefficiency in the work process. In this case, two solutions to the problem are possible: communication with management or going to court. The latter, of course, should be resorted to in cases where there are obvious inconsistencies between breaks and legal norms.