To maintain strength during the working day, a person needs a break to rest and eat. This aspect is noted in the Labor Code of the Russian Federation. If you encounter difficulties in providing free time for rest at work, pay attention to the content of the above article and learn about your rights guaranteed by law.
The minimum break for rest and meals of a worker during the working day according to the law
Various aspects of labor relations between employees and the employer are regulated by the Labor Code. The provisions of the relevant legal act indicate the time allotted by law for the rest of the staff. In addition, the content of the labor charter of the company, which indicates the time for lunch, is important. The internal regime of the organization must comply with the rules of the law.
- Lunch time during the day cannot be less than that established by law, i.e. 30 minutes;
- The maximum time allotted for rest and eating is 2 hours;
- At individual enterprises, internal regulations may establish several intervals for recuperation.
Types of breaks at work
The Labor Code of the Russian Federation considered and noted a list of possible types of breaks during the working day. This list should be included in the internal labor regulations.
The following classification of pauses during work is established:
- General break for rest and lunch;
- Special - provided to workers of certain professions. The duration of the intervals is determined by the complexity of the organization and production technologies. This time must be included in working hours;
- Time for feeding the child - this process is carried out for 1.5 years. An employee has the right to pause every 3 hours. It should take at least one hour to do this. Also, such time can be provided to persons raising a child on their own;
- The law provides for the provision of several breaks for workers in cold conditions, in open, unheated premises;
- At the request of the head, the organization's regulations may prescribe additional intervals to maintain the strength and health of employees.
The time provided for meals and relaxation is not paid by the employer. The employee has the right to dispose of the free period as he wishes. If the management of the organization neglects to provide employees with free time for rest, then it is obliged to pay for this time. Voluntary performance by an employee of labor duties during the lunch period does not mean that remuneration will follow.
The Labor Code of the Russian Federation does not provide for smoking breaks. But if the employer strictly forbids this event during the working day, a lawyer will help you defend the right to take a break or challenge fines.
Technical breaks during the working day
For certain types of work, employees may be provided with technical breaks during the working day. Their number and duration are determined by the nature of labor activity and are noted in the internal regulations. As the law says, this period can be 10-15 minutes every hour or one and a half. As a rule, such pauses are paid by the head of the enterprise.
Paid breaks during the working day
If you are a worker in certain occupations, you are legally entitled to several breaks per day. Relaxation time must be paid by the employer. In addition, the time provided for lactating women is subject to payment.
Remember that the legislation of the Russian Federation is on the side of the workers, so even temporarily unemployed people can get borrowed funds. Loans for the unemployed
Breaks during the working day at the computer
A distinctive feature of working at a computer is its monotony, immobility and tension. Such labor activity carries certain risks to human health. Therefore, a desirable condition for such work is the provision of several breaks during the working day.
It should be noted that the Labor Code does not directly control this aspect. However, this does not mean that the employer is not obliged to provide workers with breaks.
In accordance with other legal acts and regulations, the employee must be provided with safety and health. This implies the need to provide short-term respite for those working at the computer.
Women working at computers should be given regular rest time. This period is equal to 5-10 minutes every hour.
Breaks during the working day during physical activity
In accordance with the provisions of labor legislation, a list of professions has been defined, representatives of which must receive several short breaks during the working day. This category includes persons involved in physical labor. During labor activity, in order to restore their strength and raise their tone, they have the right to periodic pauses. The duration of these intervals should not be less than 15 minutes.
Breaks during the working day for shifts
Labor legislation of the Russian Federation notes the right of employees to rest between shifts. This period represents the time when the job ends and starts the next day. However, a more detailed understanding of the days off between shifts should be spelled out in the internal regulations of the organization. As a rule, the work schedule should be established so that the duration of rest for a shift worker is twice the duration of work time.
During working hours, the employee must fulfill his labor obligations. There are situations when the employer neglects his duties and violates the legal rights of workers. To avoid such arbitrariness, it is necessary to be aware of your rights. To do this, it is recommended to familiarize yourself with the content of labor legislation.
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Organization of special technological and technical breaks and grounds for their provision
what rule of law regulates them; in what cases, and to which groups of personnel stoppages are due, the grounds for their provision; their duration and frequency; whether break time is included in paid working time; the responsibility of the management of the enterprise for refusing to provide personnel with time for stops; whether the employee is required to stop work. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 703-47-72.Breaks during the working day (2)
Let us consider in more detail their types and cases of provision. During the working day (shift) to employees in accordance with Art. 108 of the Labor Code of the Russian Federation is provided for rest and meals lasting no more than two hours and at least 30 minutes, which is not included in working hours. Such a break is called "lunch break", or "lunch break". The duration of the specified break should be determined on the basis of specific conditions, taking into account the specifics of the employer's activities and the existing organization of catering for employees.Technological breaks
109 special breaks are established by the internal regulations. Alas, apparently they didn’t see that, in accordance with the procedure for attestation of the Republic of Moldova on working conditions, Appendix No. 2, the attestation card, line 060 of this card establishes Work and rest modes A) regulated breaks (number and duration. It is necessary to be guided by R. 2.2.2006-05 Appendix 7 time protection.What is the difference between a technological break and a technical break?
changes at school and institute, Technical breaks are all other cases except accidents and downtime. Downtime is a long technical break due to absenteeism, strikes or lateness of workers.The reasons for downtime can also be economic: lack of sales of finished products, unprofitable production when prices change in the market, bankruptcy of the enterprise. Examples of technical breaks: short-term power outage.
LABOR CODE - Chapter 18
The list of such works, as well as places for rest and eating, are established by the internal labor regulations. Article 109 The types of these works, the duration and procedure for the provision of such work are established by the internal labor regulations. Employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special for heating and recreation, which are included in working hours.Breaks during the working day: the procedure for providing
106 of the Labor Code of the Russian Federation). Depending on the work functions performed during the working day, employees differ. The main provisions relating to this topic are contained in the Labor Code of the Russian Federation. In addition, a number of legal acts have been adopted that regulate such rest periods for persons employed in certain jobs. Let's take a closer look at the regulatory documents and answer the most frequently asked questions. We establish breaks in the organization In Art.Big Encyclopedia of Oil and Gas
associated with the features of the normalized construction process, are usually established as a result of the analysis of normative observations of a properly organized process. In the process or elements performed by one worker, technological ones do not arise. The rest of the time is technological breaks. to meet the physiological needs of workers, organizational and technical breaks depending on the performer, time to perform random and unnecessary work.T. V. Shadrina, journal expert
Certain types of work sometimes require preparation time for their execution or completion. For example, a salesperson, a welder or a doctor needs to put on overalls to start the working day, and a cashier needs to remove the cash register to finish the working day. Sometimes quite a lot of time is spent on this, and a decent number of hours run up. What breaks should employees be given during work? If the working day starts, for example, at 8 am, do you need to do all the preparations before this time or can you do it after? Is the time for preparation for work and its completion included in working hours? Do I need to pay for this time?
Working hours and rest time
First, let's figure out what time is considered working. By virtue of Art. 91 Labor Code of the Russian Federation working time is understood as the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties. Also, other periods are included in working time, which, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation, relate to such (for example, a business trip, downtime through no fault of the employee).
Start and end times according to Art. 100 Labor Code of the Russian Federation established by the internal labor regulations, which the employee is obliged to comply with due to Art. 21 Labor Code of the Russian Federation.
As you can see, during working hours, the beginning and end of which is provided for by the internal regulations, the employee must fulfill his labor duties established by the employment contract. This means that the employee is not entitled to use working time for any other purpose than work.
But in accordance with the provisions of art. 106 of the Labor Code of the Russian Federation, the employee is entitled to the time during which he is free from the performance of labor duties and which he can use at his own discretion - rest time. Article 107 of the Labor Code of the Russian Federation the following types of such time are established:
- breaks during the working day (shift);
– daily (between shifts) rest;
– days off (weekly uninterrupted rest);
- non-working holidays;
- holidays.
Consider breaks during the working day, since they are of interest to us.
Non-paid breaks during working hours
Labor legislation has established various types of breaks during the working day. The introduction of breaks will reduce employee fatigue and, accordingly, increase labor productivity. Some of these breaks, according to the norms of the Labor Code of the Russian Federation, are included in working hours and are subject to payment. But the employee can use some breaks at his own discretion, even leave the territory of the organization where he works. One such break is lunch.
Break for rest and meals
According to Art. 108 Labor Code of the Russian Federation during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and no less than 30 minutes. Such a break is not included in working hours.
The time of the break and its specific duration are established by the internal labor regulations or by agreement between the employee and the employer.
When determining the duration and frequency of providing breaks during working hours, you can use the Intersectoral Guidelines "Determining the standards for time for rest and personal needs", approved by the USSR State Labor Committee.
At jobs where, due to the conditions of production (work), 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 during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations.
Sleep break
Such a break is established only for certain types of work. In particular, in accordance with the Regulations on the peculiarities of the regime of working hours and rest time of employees who control the air traffic of civil aviation, when working on a night shift, the controller must be given an additional break of one hour with the right to sleep in a specially equipped room.
Such a break is not included in working hours and is not payable.
Work breaks included in working hours and payable
We noted above that not all breaks are included in working hours and are paid. In addition to a break for heating and rest, we will name other periods that may be included in working hours.
Nursing breaks
Such breaks are provided to working women with children under the age of one and a half years, at least every three hours, lasting at least 30 minutes each ( Art. 258 of the Labor Code of the Russian Federation).
If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.
Breaks for feeding, at the request of the employee, can be attached to a break for rest and meals, or in a summarized form transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her).
Breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.
Based on the Regulations on the peculiarities of the regime of working hours and rest time of employees who control the air traffic of civil aviation, the controller's working time includes the time:
– for the performance of technological duties, including the time of acceptance and transfer of duty;
– for professional and (or) technical studies (no more than 8 hours per month);
- for briefings, analysis (no more than an hour per shift);
– pre-shift medical examinations (up to 5 minutes per shift per person);
- simulator training and testing of theoretical knowledge according to the norms approved in the prescribed manner;
- special breaks for rest;
- preparation of flight directors or senior shift controllers for briefing (no more than 30 minutes per shift).
Special heating breaks
Except lunch break Art. 109 of the Labor Code of the Russian Federation provides for the provision of special breaks for heating and rest, due to the technology and organization of production and labor:
- employees working in the cold season in the open air or in closed unheated premises;
- loaders engaged in loading and unloading operations;
- Other employees as needed.
To determine the frequency and time of such breaks, employers can be guided by the Methodological Recommendations "Modes of work and rest for workers in cold weather in an open area or in unheated premises" (MR 2.2.7.2129-06)
The employer is obliged to provide equipment for heating and resting rooms for employees, in which the temperature must be maintained at a level of 21 - 250C. The room should be equipped with devices for heating the hands and feet. Work in the cold should begin no earlier than 10 minutes after taking hot food (tea, etc.).
Such a break is included in working hours and is subject to payment.
The time when the employee is not working, but the law classifies such time as working
It also happens that the employee does not work, but according to labor law, this time is considered working and is payable. For example, an employee performs jury duty or other state or public duties ( Art. 170 of the Labor Code of the Russian Federation). So, citizens participating in measures to ensure the fulfillment of military duty or entry into military service under a contract, for the time of participation in these events at their place of permanent work, are paid average earnings, they are reimbursed for the costs associated with hiring (sub-hiring) housing and paying for travel to another area and back, as well as ( paragraph 2 of Art. 5 of the Federal Law of March 28, 1998 No. 53-FZ"On military duty and military service").
Technological breaks
Sometimes the employer is obliged to establish work breaks for certain categories of employees and conditions for performing work. Basically, such breaks are set for PC users. The regulations governing the granting of such breaks are:
- Standard instruction on labor protection when working on a personal computer ( TOI R-45 084 01) ;
– SanPiN 2.2.2/2.4.1340-03 approved Decree of the Chief State Sanitary Doctor of the Russian Federation dated 03.06.2003 No. 118.
If an organization has introduced an eight-hour working day, then breaks must be set:
- for work with a load level per work shift of up to 20,000 characters - 2 hours after the start of the work shift and 2 hours after a lunch break of 15 minutes each;
- for work with a load level of up to 40,000 characters - after 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 15 minutes each or 10 minutes after each hour of work;
- for work with a load level of up to 60,000 characters - after 1.5 - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 20 minutes each or 15 minutes after each hour of work.
With a 12-hour work shift, regulated breaks should be established in the first 8 hours of work similar to breaks during an eight-hour work shift, and during the last 4 hours of work (regardless of the category and type of work) - every hour lasting 15 minutes.
The time of such breaks is included in working hours and is subject to payment.
Other breaks included in working hours
For some categories of employees, regulatory enactments establish other breaks during the working day, which the employer is obliged to provide and include them in working hours. In particular, in accordance with the Regulations on the Peculiarities of Working Hours and Rest Time for Drivers, in addition to the driving time itself, the following breaks are included in working hours:
- the time of special breaks for rest from driving on the way and at the final points;
- parking time at points of loading and unloading of goods, at places of embarkation and disembarkation of passengers, at places where special vehicles are used;
- the time of work to eliminate the operational malfunctions of the serviced vehicle that occurred during work on the line, which do not require disassembly of the mechanisms, as well as the performance of adjustment work in the field in the absence of technical assistance;
- the time the driver is present at the workplace when he is not driving the car, when two drivers are sent on a flight (it is counted in the amount of at least 50%).
The employer is obliged to provide employees of certain industries with other breaks during the working day and pay for them, for example:
- workers performing fire-retardant coating should be provided with ten-minute breaks every hour of work, technological operations for the preparation and application of solutions should be alternated during the working week ( clause 21.3 SanPiN"Hygienic requirements for the organization of construction production and construction work" (put into effect Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));
- when working on the organization of freight traffic in railway transport, which is carried out in gas masks and respirators, workers are periodically provided with a technological break (at least 15 minutes) with the removal of a gas mask or respirator in a place free from dust or emission of harmful substances ( clause 3.5.6 of SP 2.5.1250-03 put into effect Decree of the Chief State Sanitary Doctor of the Russian Federation dated 04.04.2003 No. 32).
Time to prepare for work
The question that worries most personnel officers is whether it is necessary to include in the working time the employee spends on preparing for the performance of labor duties (for example, the time for workers to put on overalls, turn on equipment, machines and mechanisms, sellers wipe dust from the counters and performed other duties)?
The time for preparation for work is not named in any norm of the Labor Code of the Russian Federation. That is, the time for changing clothes, turning on equipment, machine tools and other activities necessary to start work, as well as at its completion, the Labor Code does not refer to either working time or rest time.
However, in practice, the time of preparing the workplace, turning on the machines and equipment, receiving the order, receiving and preparing materials, tools, preparing and cleaning the workplace is included in the working time. At the same time, taking into account the fact that Art. 91 Labor Code of the Russian Federation grants the employer and employee the right to determine the principles for regulating working hours, the issues of including the above time periods in working hours should be decided by them independently by agreement. When making a decision, it is necessary to understand whether the actions that the employee must perform are an integral part of his work function. If, without certain actions that the employee must perform before starting work, he will not be able to perform his duties, the time spent on their performance should be included in the work and payable.
The decision made is fixed in a local regulatory act (usually such an act is the internal labor regulations).
For certain categories of personnel, preparatory activities are included in working hours by regulatory enactments. In particular, on the basis of the Regulations on the peculiarities of the working hours and rest time of car drivers, the driver’s working hours include preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for long-distance transportation - to perform work at the point turnover or on the way (in the parking lot) before the start and after the end of the shift, as well as the time of the medical examination of the driver before leaving the line and after returning from the line.
At the same time, the composition and duration of the preparatory and final work included in the preparatory and final time, and the duration of the medical examination of the driver are established by the employer, taking into account the opinion of the representative body of the employees of the organization (if any).
This time is payable
Will the time spent before and after work on preparatory and final activities be processing?
Suppose an employee has a working day that starts at 9 o'clock in the morning. Accordingly, at exactly 9:00 a.m., he must begin his labor duties. Changing clothes (changing shoes), breakfast at the workplace, reading news sites, etc., the employee must do before the start of the working day, that is, before 9 a.m. Some personnel officers believe that the arrival of such an employee before the start time of work constitutes processing and this should be paid as overtime. Nothing like this. During the time that the employee spends on himself, he does not fulfill his job duties prescribed to him by the employment contract and job description. And on the basis Art. 99 Labor Code of the Russian Federation overtime work - work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working hours - in excess of the normal number of working hours for the accounting period.
In addition, the involvement of an employee in overtime work is carried out only with the written consent of the employee, and if dressing and other personal matters were such work, the employer would need to follow the procedure for engaging in overtime work every time.
Finally
So, during working hours, the beginning and end of which are established in the internal regulations, the employee must deal with his direct labor duties stipulated by the employment contract. He can deal with personal affairs only during rest ( Art. 108 Labor Code of the Russian Federation) or during special breaks ( Art. 109 of the Labor Code of the Russian Federation).
Note that the employer for the use of working time for personal purposes has the right to bring the employee to disciplinary liability for Art. 192 Labor Code of the Russian Federation- make a remark, announce and even dismiss on appropriate grounds. At the same time, the employer cannot apply any other disciplinary sanction (for example, a fine) to the employee. In addition, the current labor legislation does not provide for such a type of disciplinary sanction as a fine.
Information about which breaks are included in working hours and paid is contained in the Labor Code and other regulations. Supervisors are required to adhere to the established rules for granting breaks to their staff. In addition, they bear a certain responsibility, therefore they can neither shorten the duration of the break, nor prohibit it altogether.
Every employer knows that he is obliged to provide his employees with a certain number of breaks during the working day. When it comes to a break, a working person immediately remembers lunch or free time for smoke breaks. But according to the labor legislation of the Russian Federation, there are much more of them.
Conventionally, they are divided into several groups:
- general;
- special;
- mandatory;
- recommended;
- paid;
- unpaid.
This classification allows you to determine which rest periods can be used by all employees, and which only by representatives of a narrow circle of professions. The general ones just include a lunch break and other types of work stoppages for personal needs. Special breaks are used in various industries where employees need additional free time, as well as for certain categories of employees (employees with small children, etc.).
If we talk about mandatory and recommended breaks, then the first ones are the responsibility of the management, and the second ones are provided as needed and on the basis of internal local acts. Most daytime rest periods must be paid, but there are some that are not.
All information about breaks, including their duration, is determined by a large number of documents. These are collective, labor contracts, as well as the relevant internal regulations.
Unpaid
But there are also exceptions. For example, teachers do not stop working, going on personal business during the holidays. The time of their lunch coincides with the lunch of the students, as well as its duration. Therefore, they have a break for rest and food paid.
The lunch break has its own specifics depending on the type of activity of the employee. According to the Labor Code of the Russian Federation, lunch can last from half an hour to two hours and in most cases is never included in the work process. What duration to set, minimum or maximum, is decided by the boss. For example, drivers, as well as air traffic controllers, have two lunch breaks with an 8-hour working day. In addition, the dispatcher is also entitled to one additional hour of rest.
Persons who do not have an 8-hour working day, but less, also need time to rest and recuperate. Part-time workers and those who work part-time can count on a minimum lunch period. In terms of duration, it rarely takes half an hour. The employer also has the right to provide such subordinates with work during the period of the working day when there is no need to go to lunch.
Paid
There are a number of breaks that management must include in working hours, and then pay. There are few of them, but they are all regulated by the Labor Code of the Russian Federation and other regulations.
Feeding
This type of recreation should be provided to young mothers with children under 1.5 years old. The break interval is 30 minutes of rest every 3 hours. If an employee has several children of this age, then its duration should be at least 1 hour.
Reference: the boss has the right, at the request of the subordinate, to summarize these breaks and transfer them to the beginning, middle or end of the shift. Thus, the working day of a woman is significantly reduced.
Heating
Such a termination of the workflow is classified as special, as it is used only for special types of work. You can count on him:
- persons engaged in labor activity on the street or in an unheated room;
- subordinates working on loading and unloading operations.
According to the rules specified in these recommendations, the air temperature in the room should be in the range of 21-25°C. When establishing the frequency and duration of such breaks, employers use special Guidelines. Much depends on the number of working days and days off.
If the personnel is engaged in the construction of underground structures and uses a vibrating tool, then the rest time is 15 minutes for every 40 minutes of work. In addition, the air temperature in the heating room must be at least 40 ° C. Such a termination of the work process is required by law to be paid.
Technical breaks
The employer is obliged during working hours according to the Labor Code to establish special breaks. Their conditions depend on the nature of the work that the staff performs. If a subordinate working at a computer has an 8-hour working day, then technical breaks should be as follows:
- Load level up to 20 thousand characters. There are two breaks of 15 minutes each, 2 hours after the start of work and after lunch.
- Load level up to 40 thousand characters. There are also two rest periods of 15 minutes, but management may set a break of 10 minutes hourly instead.
- Load level up to 60 thousand characters. An employee can use two breaks of 20 minutes two hours after the start of the shift and the end of lunch. Their employer can replace breaks of 15 minutes after 1 hour.
With a 12-hour working day, the manager in the first 8 hours of work must establish breaks that are used when the employee has an 8-hour working day. For the next 4 hours, the break time must be at least 15 minutes every hour.
Other breaks
There are a number of professions in which additional time for rest is provided. All of them are contained in various regulations. For example, the Regulation on the mode of work and rest of drivers contains the following types of breaks:
- Special breaks for drivers to rest while driving.
- Downtime during loading and unloading, as well as boarding and disembarking people.
- The period of time when the driver is in the car, but it is being driven by another driver.
As for other specialists, the remuneration includes:
- For fire retardant workers, the employer must allow at least 10 minutes of rest every hour.
- For employees whose duties include organizing freight transportation using special protection, the hourly rest should be at least 15 minutes.
Labor legislation provides for a time when a person does not work, but he is still paid. How much time can be spent by an employee on additional duties, and what cases will not be considered absenteeism? In this case, we are talking about the fact that the employee performs various social duties. These may be juror duties, military service, etc.
Many employers do not know whether the time that a specialist spends on the preparatory process for work is included in the wages. This includes dressing in overalls, turning on equipment, etc. In addition, it is not clear how much time should be given to a subordinate to perform these actions and how legal it is not to pay for him.
Interestingly, the norms of legislative acts (including the Labor Code) do not refer this time to either work or rest. Therefore, in practice, all these actions of employees are attributed precisely to working time. At the same time, employers are guided by whether these actions are an integral part of the workflow and whether the employee can start work without them. If not, then this time must be paid.
Knowing which breaks are included by the employer in working hours and paid, it is easier for the subordinate to assert his rights. But he is also obliged to fulfill his functions, to comply with the rules of internal order. And if an employee manages working time for his own personal purposes, he may be disciplined or fired.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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UDC 349.2
CLASSIFICATION OF BREAKS DURING THE WORKING DAY (SHIFT)
P.V. Ukhtinsky
Postgraduate student of the Department of Labor Law
Perm State University. 614990, Perm, st. Bukireva, 15
This article discusses the classification of breaks during the working day (shift), analyzes various types of breaks.
Keywords: classification of breaks, working day, rest
According to O.S. Khokhryakova, classification makes it possible, on the one hand, to form a general idea of the phenomenon, object, subject under study, and on the other hand, to concretize our knowledge about the object under study. As for the classification of breaks during the working day (shift), labor law researchers currently have, perhaps, the only approach that is quite clearly seen in the scientific literature. All breaks during the working day (shift) are divided into general and special. It should be noted that in this classification, different specialists in the field of labor law, depending on their preferences and other factors, may have different wordings, for example, breaks provided to all employees, and breaks provided to certain categories of employees.
According to this classification, general breaks during the working day (shift) are established for all types of workers, while special ones are only in a certain area, for specific types of work or categories of workers. But at the same time, one should not forget that general breaks, like special ones, are specified and supplemented in the relevant regulatory legal acts.
To date, one type of general breaks during the working day (shift) is fixed in labor legislation - a break for rest and food. Article is dedicated to him. 108 of the Labor Code of the Russian Federation and the relevant provisions of regulatory legal acts, collective agreements and local regulations, in particular the internal labor regulations; these issues can also be regulated in individual labor contracts.
During the working day (shift), the employee must be given a break for rest and meals (the so-called lunch break). Therefore, the employee has the right to be released from work during the working day (shift) lasting from thirty minutes to two hours. The employee can use this time at his discretion. In turn, the employer has a corresponding obligation to provide the employee with a daily break of the specified duration. The main legal guarantee of a break for food and rest is the establishment of a minimum duration.
The Labor Code of the Russian Federation determined the minimum and maximum duration of a break for rest and food. It should be noted that the previous labor legislation did not provide for a minimum duration of the said break. Note that because of this, in enterprises with a three-shift work regime in a five-day period, 20-minute lunch breaks are widely used. In practice, the duration of the break for rest and meals varies from 30 minutes to one hour, depending on the shift schedule and the opportunities created by the employer for eating. For the convenience of workers, breaks for rest and meals may be provided at different times so that they do not waste time off from work in the queue for food. To achieve this goal, a break for rest and meals can be established for employees of structural units at different times.
The specific duration of breaks and the time of their provision is determined taking into account the conditions and specifics of the employer's activities and the existing organization of catering for employees. As a rule, they are established by special regulatory legal acts, collective agreements, internal labor regulations, shift schedules and other local regulatory legal acts or an employment contract, in annexes to it.
For certain categories of workers, in particular, for those whose work is directly related to the movement of vehicles, the duration of the break for rest and food and the procedure for its provision are determined in special provisions on the features of the working hours and rest time.
As a rule, a break for rest and meals is provided no later than four hours after the start of work. This rule was enshrined in the Labor Code, but is not provided for by the Labor Code of the Russian Federation. Nevertheless, in practice, in most cases, this option is used, since it seems to be the most appropriate and convenient for employees.
The break time for rest and meals is not included in working hours and is not paid, therefore, the employee has the right to use it at his own discretion, and therefore leave the workplace for the duration of the break, including leaving the employer's territory. Granting a break for rest and food does not mean that during this period he cannot work, i.e. do some work or other. We note the point of view according to which the employee's waiver of his right to use the break for rest and meals and the voluntary performance of his labor duties does not give rise to the obligation of the employer to pay for the corresponding time, unless otherwise provided by an agreement between them.
However, the labor legislation provides for cases when the employer has the right not to provide employees with a break for rest and food. In part 3 of Art. 108 of the Labor Code of the Russian Federation states that in jobs where, according to the conditions of production (work), it is impossible to provide a break for rest and food (for example, in continuous production), the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. In this case, the employer organizes meals for employees at the workplace, the duration of rest and meals in such a situation lasts no more than 30 minutes, since using 30 minutes means providing a break for rest and meals. Here, one of the characteristics of this break is modified, the provision of rest and food by the employer during working hours improves the position of employees, since the break organized for this purpose is subject to payment. The list of such works, as well as places for rest and eating, are established by the internal labor regulations. It should be noted that if the employer does not fulfill its obligations to provide food for employees during working hours, then employees have the right to take advantage of a break for rest and food for up to 2 hours. But in this case, the working time will be extended by the time spent by the employee on the specified break.
As a rule, a break for rest and meals should be provided regardless of the length of the working day (shift). Practice over the years has adhered to the rule that if the length of the working day or shift does not exceed six hours, work can be done without interruption. This practice is now seen as contrary to Art. 108 of the Labor Code of the Russian Federation. But not providing a break for rest and food does not contradict the Labor Code of the Russian Federation if the work is performed within half the working day or in a shorter period (with part-time work). This issue should be decided depending on the duration of part-time work by agreement between the employee and the employer. At the same time, N.M. Salikova emphasizes: “If the duration of the work shift is more than eight hours, then the employee may be provided with two or more breaks for rest and meals.” For example, for car drivers, when the shift schedule establishes a daily work duration of more than eight hours, two breaks for rest and meals with a total duration of no more than two hours may be provided.
In addition to a break for rest and meals during the working day (shift), employees may be provided with other special breaks (Article 109 of the Labor Code of the Russian Federation), provided for in the interests of labor protection, overcoming fatigue. In accordance with Art. 224 of the Labor Code of the Russian Federation, an employee has the right to count on providing him with special breaks from work. Special breaks come in a huge number of varieties; it is believed that special breaks should be established for all types of work, since the employee is not able to work without rest throughout the working day.
In the scientific literature, as a rule, the following types of special breaks are distinguished: those provided to employees due to the specifics of technology and the organization of production and labor; provided to employees working in the cold season in the open air or in closed unheated premises; provided to loaders engaged in loading and unloading operations; other employees as needed.
It seems that this classification of species does not fully correspond to reality; Part 2 of Art. 109 of the Labor Code of the Russian Federation, which is why there is no emphasis on the specifics of special breaks provided specifically for heating and rest. This classification distinguishes special breaks provided to other employees when necessary, which, within the meaning of the article, are equivalent to special breaks provided to employees due to the specifics of technology and the organization of production and labor. The absence of breaks for feeding the child is also puzzling, although it should be noted that a number of labor law researchers, when using such a list, still include breaks for feeding the child. Accordingly, the following classification of special breaks is more correct and justified from the labor law point of view: those provided to employees due to the specifics of technology and organization of production and labor; provided to employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary; given to feed the child.
It should be noted that there are other types of special break classifications, for example, T.A. Zykina divides them as follows: related to the specifics of the production technology, which manifests itself in the action of adverse factors - an increased level of noise, humidity, the presence of radiation, and others; associated with the organization of work, for example, with manual lifting of weights, work in the cold season in the open air or in closed, but unheated rooms; and related to the specifics of the regulation of women 's labor . Although this classification is built logically correctly, we will continue to proceed from our classification based on the structure proposed in the Labor Code of the Russian Federation.
Special breaks are provided to employees if the need for such breaks in a particular industry or for specific types of work, categories of workers is due to production technology or the organization of production and labor. Such breaks are sometimes referred to as functional or technological breaks. The types of such breaks, duration and frequency are determined by the internal labor regulations on the basis of Part 1 of Art. 109 of the Labor Code of the Russian Federation. As a rule, such breaks are provided for short-term rest, while the employee in most cases does not leave the workplace (production premises).
The Labor Code of the Russian Federation does not determine whether special breaks due to technology and organization of production and labor are included in working hours, although it is believed that these breaks should still be included in working hours [ibid, p. 212]. It should be noted that the employer is not obliged to be guided by this point of view when establishing special breaks, but must necessarily comply with the rule on the inadmissibility of a deterioration in the position of the employee in comparison with the current labor legislation and other regulatory legal acts, collective agreements, agreements.
Special breaks provided to employees due to the specifics of technology and organization of production and labor include breaks provided in accordance with state labor protection requirements. The need for such special regulated breaks during the working day is determined, in particular, by sanitary norms and rules, for example, in order to prevent exposure of a person to harmful production factors when working with video display terminals and personal electronic computers; in addition to breaks for rest and meals, employees should be provided with additional regulated breaks, and the intervals between these breaks and their duration depend on the mode and category of severity and intensity of work; for women, when working in a sitting position in conditions of vibration, breaks of 5-10 minutes should be provided after every hour of work to prevent congestion in the small pelvis.
Also, special breaks can be provided for safety reasons, for example, controllers who directly control air traffic at the control panel equipped with a video display terminal are given a special break of 20 minutes after 2 hours of continuous work. Similar breaks are provided to car drivers.
In addition to the specified special breaks, internal labor regulations, collective agreements and agreements or an agreement between the employee and the employer may establish other special breaks or short-term breaks (pauses) for rest and personal needs. These breaks include breaks for industrial gymnastics, physical culture breaks and other activities that are provided to those categories of workers who, due to the specifics of their work, need active rest and a special set of gymnastic exercises; breaks provided for those working in a forced rhythm, for example, on a conveyor, etc. . The employer can always provide special breaks for industrial gymnastics, which helps to reduce employee fatigue and increase labor productivity. Special breaks lasting 10-20 minutes in the psychological unloading room can return the employee to a working state, relieving fatigue and emotional stress. Such breaks can be included in working hours by taking them into account when establishing labor standards (production, time, service, staffing standards). It is also possible to introduce during the working day (shift) every 50-60 minutes of work micropauses lasting 2-3 minutes for self-massage of 2-3 exercises. The issue of granting such breaks is regulated in the internal regulations.
A variety of special breaks are special breaks provided to employees working in the cold season in the open air or in closed unheated premises (for example, construction workers, assemblers, road construction and repair, etc.), as well as loaders employed in loading and unloading operations, and other employees who, if necessary, are provided with special breaks for heating and rest, which are included in working hours and are subject to payment. Their number, duration and frequency are determined by the employer depending on the natural and climatic conditions, intensity and intensity of work and are established in collective agreements or local acts. The absence in collective agreements or local regulations of the conditions for the provision of special breaks for heating and rest for the listed employees allows them to independently use such breaks, since their provision does not depend on the discretion of the employer. Also, the employer is obliged to provide an equipped room for heating and rest or a specially adapted place in which the employee could eat, rest, sleep or, for example, keep warm, in general, these rooms must meet sanitary and hygienic requirements. It should be noted that if the employer does not provide the employee with a room for heating, and the employee becomes ill and loses (fully or partially) his professional ability to work, then this case will be considered as an employment injury and the employee will have a corresponding right to compensation for harm. Even if the employer cannot provide, if necessary, premises for heating, he is obliged to create comfortable zones at the workplace using infrared emitters or provide employees with means for heating (bonfires, heating cars, tents). At the same time, the employer is not relieved of the obligation to create appropriately equipped premises for heating.
At present, methodological recommendations have been developed that regulate the work and rest regime of workers in cold weather in an open area or in unheated premises. According to these recommendations, the duration of a single break for heating in a heated room should not be less than 10 minutes, while breaks for heating can be combined with breaks for restoring the functional state of the employee after performing physical work. During the lunch break, the employee must be in a heated room and be provided with "hot" meals. To avoid hypothermia, workers should not stay in the cold during work breaks for more than 10 minutes at air temperatures down to -10 °C and more than 5 minutes at air temperatures below -10 °C. These recommendations also establish the permissible duration of continuous exposure to cold and the number of 10-minute breaks for heating (per 4-hour shift period) from 1 to 8, depending on the ambient temperature, wind speed and category of work, which differs according to sanitary rules and regulations depending on the physical stress and mobility of work.
For individual industries, their own labor protection rules have been developed that regulate the provision of special breaks for heating and rest. In particular, to prevent cooling and frostbite for employees of structural subdivisions of the economy of freight and commercial work of railways, solid fuel depots of railways and for employees of federal railway transport engaged in servicing passengers at railway stations, passenger railway stations and performing work in the cold season in the open air, special breaks are set for heating and rest, lasting from 10 to 15 minutes for every hour, depending on the ambient temperature and wind speed.
Working women with children under the age of one and a half years, including those who have adopted a child or established guardianship over him, are provided, in addition to a break for rest and food, additional breaks for feeding the child (children) at least every three hours, lasting at least thirty minutes each (Article 258 of the Labor Code of the Russian Federation). However, taking into account specific circumstances (the state of health of the mother and child, the remoteness of the place of residence of the family (or the location of the child during the mother's work) from the place of work and other circumstances affecting the feeding regime), a half-hour break is not always sufficient. In accordance with the medical opinion, its duration may be increased. If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour. At the request of the woman, breaks for feeding the child (children) are added to the break for rest and food, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her). Such summation does not require the consent of the employer and any special approvals, and breaks must be provided in the manner indicated in the application of the woman or other person entitled to them. The chosen option for using breaks for feeding the child is fixed in the internal labor regulations or in annexes to the employment contract.
Women with children under the age of one and a half years, if it is impossible to perform their previous work, they are transferred at their request to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years (part 4 of Art. 254 of the Labor Code of the Russian Federation). The impossibility of performing the previous work by women with children at the age of one and a half years occurs in cases where this work, due to the impact on the mother of adverse factors, is incompatible with feeding the child and caring for him, which, if necessary, is confirmed by a medical certificate, or is associated with traveling, not allows absences during working hours, etc. .
The Labor Code of the Russian Federation does not establish the number of breaks provided and the specific duration of each of them, since the frequency and duration of these breaks depend on the health status of breastfed children and their number, the duration of the work shift, work schedule and other factors. Prior to the introduction of amendments to the Labor Code of the Russian Federation, these breaks were provided at least every 3 hours of the mother's continuous work. Such an order did not allow for a strict frequency of feeding the child and a regular diet, since it did not take into account that the child's need for nutrition arises at certain intervals of astronomical time. In the new edition of Part 1 of Art. 258 the words "continuous operation" are deleted. Breaks for feeding the child should now be provided at least every 3 hours of astronomical time, including mother's work time, breaks related to working time, and time for rest and eating. It seems that this order is more in line with the goals of organizing a rational diet for children under the age of one and a half years. Accordingly, with an 8-hour work shift and a 7-hour working day, as well as a 6-hour working day with a lunch break, two breaks for feeding the child should be provided. Breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.
Breastfeeding breaks are provided to a woman, regardless of whether the child is breastfeeding or formula-fed. This break is also granted in accordance with Art. 264 of the Labor Code of the Russian Federation to persons raising children without a mother, for example, a single father, guardian, trustee.
Bibliographic list
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