Labor protection breaks during the working day. Rest breaks during working hours according to the labor code

Labor legislation contains a clause obliging the employer to provide employees with technological breaks. It is approved by the employer. However, the latter must be guided by the norms of the relevant regulations.

Technology break concept

Article 107 of the Labor Code of the Russian Federation states that the form of rest time is breaks during the working day. Article 109 of the Labor Code of the Russian Federation states that certain areas of work require mandatory rest breaks. The need for these breaks is determined by the specifics of technology, operating and production conditions. The list of work requiring a break is recorded in the rules of local disorder.

There are these types of breaks:

• A technological break, which is needed to ventilate the room. It is necessary to reduce the concentration of harmful elements in the air.
• A break for cleaning the premises. Needed to eliminate contamination from waste generated during production or processing.
• The time periods required to update the online information base. This is relevant if the database is replenished from external sources.

There is a Letter from Rostrud No. PG/2181-6-1 dated April 11, 2012. It states that technological breaks are included in working hours. That is, they cannot increase the working hours. They are included in it.

Types of technological breaks

Technological breaks are divided into types depending on what needs they are caused by.

Working at the computer

Technological breaks are regulated in relation to work related to the use of a computer. The organization of work related to PC is established on the basis of SanPiN 2.2.2/2.4.1340-03, approved on May 30, 2003. The duration of the break, according to Appendix 7 of SanPiN, is 50-140 minutes. The exact duration is determined by the type of activity of the employee and the degree of his workload. Let's take a closer look at the rules:

• Activities with a load level per shift of up to 20,000 characters. Time: 2 hours from the start of the shift and 2 hours after the lunch break. The duration of stops is 15 minutes.
• Load up to 40,000 characters – 2 hours after the start of the working day and 1.5-2 hours after the lunch break. There are 2 stops of 15 minutes or breaks of 10 minutes every hour of activity.
• Load up to 60,000 characters – 1.5-2 hours from the start of the working day and 1.5-2 hours after the lunch break. The duration of stops is 20 minutes. An alternative option is 15-minute stops every hour of operation.

Detailed instructions on organizing recreation are given in the TOI Standard Instruction R-45-084-01, approved on February 2, 2001. These instructions indicate that continuous work at the computer can be no more than 2 hours.

The purpose of the break is to preserve the employee’s health. Rest helps prevent eye strain and fatigue.

12 hour workday

• 2 lunch breaks.
• 4 additional breaks of 10 minutes each.
• Break for a short nap lasting 45-60 minutes.

The last break is given after the first lunch break. It should be noted that this list of rest periods is a recommendation. That is, the employer has the right not to implement this entire list. The Order of the Ministry of Health and Social Development of the Russian Federation No. 181n dated March 1, 2012 does not contain the list in question.

The agreed list of breaks is needed to prevent employee stress, tension and overwork. Short-term periods allow the employee to recover, which leads to increased work efficiency. In addition, they are needed to improve working conditions for workers and ensure their health.

Working in low temperature conditions

Breaks are provided to employees who work under these conditions:

• Cold season and outdoor work.
• Work in closed, unheated spaces.

In this case, rest time is needed for heating. Lack of a break can lead to frostbite and decreased quality of work.

Hard work

Breaks are provided to loaders engaged in loading and unloading operations. This is due to the fact that these employees work with heavy weight. Continuous work can lead to fatigue and injury.

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.

Breaks provided on the basis of Article 108 of the Labor Code of the Russian Federation

Article 108 of the Labor Code of the Russian Federation regulates stops intended for rest and food. During one shift, one lunch break must be given, the duration of which ranges from 30 minutes to 2 hours. This stop is not included in working hours. That is, she increases it. A certain duration is established by the local labor regulations. An alternative option is an agreement between employees and the employer.

Duration of stops and their payment

The duration and frequency of stops are established based on an agreement between the employer and the team. The agreements reached can be included in an individual employment contract with a specific employee.

Stops are included in working hours and are paid for. Typically, employees do not leave their work area during a break.

FOR YOUR INFORMATION! The number of stops and their features are determined by the employer. However, there is an important condition - they should not worsen the situation of the worker or violate his rights.

Responsibility for failure to take breaks

Refusal to provide a break is a gross violation. Most employers try to follow the letter of the law. But what to do if an employee is faced with an offense in this area? It makes sense to send an application to the labor inspectorate. It is advisable to send a petition from the entire team, since in this case the possibility of a favorable outcome of the case increases.

The main problem for an employee in such a situation is providing evidence of an offense. A collective statement allows you to automatically make a complaint more significant and support it with evidence.

The labor inspectorate reviews the application and then checks the employer's company. If an offense was discovered by representatives of the inspectorate, the manager is fined on the basis of 5.27 of the Code of Administrative Offenses of the Russian Federation. A trial is possible, during which the employer is obliged to pay compensation to employees in the amount of double salary.

But most often such a schedule is in the service sector, and there it is unprofitable to set constant breaks. For example, I work for days, and we go out to smoke/to the toilet/to eat when there are few clients and my partner can handle it alone, and not according to any specific schedule.

• In an organization where a 12-hour working day is established, there should be breaks of no more than 2 hours, but not less than 30 minutes in accordance with Article 108 of the Labor Code of the Russian Federation. This time is not included in working hours. When applying for a job, you need to pay attention to what is written in the contract, read it carefully, especially between the lines, and there must be a clause about the rules of the lunch break. Lunch breaks must be specified in the employment contract concluded between the employer and employee. For some types of work, depending on the specialization, there must be additional breaks, for example, rest and heating in accordance with Article 109 of the Labor Code of the Russian Federation.

How many breaks and when should there be during a 12 hour shift?

The work of a team or its individual members in conditions of elevated temperatures also requires the employer to be attentive to compliance with the law. By the way, indoor air temperature is considered elevated if it exceeds 26–28°C. Here everything depends on the intensity of work: Employees working in the cold are given breaks to warm up

• work that does not require much physical effort in such conditions should not continuously last more than 5 hours;
• medium intensity work - no more than 2.5 hours;
• highly labor-intensive work - no more than 10–20 minutes.

How is a break for feeding a child regulated? Article 258 of the Labor Code establishes special additional breaks for young mothers.
Thus, a woman who returns from maternity leave before the baby reaches the age of one and a half years has the right to several breaks every day - every three hours of work.

Labor Code - Chapter 18. Work breaks.

Attention

Loading... How many breaks and when should there be during a 12 hour shift?

• Your work shift is 12 hours. According to the Labor Code of the Russian Federation (Article 108. Breaks for rest and food), during a work shift the employee is given a break for rest and food, which is not included in working hours. What’s interesting is that the article is called Breaks and it talks about one break.

Frequency and duration of breaks during working hours according to the labor code

In addition, recommendations for short breaks during the working day for a “smoke break”, “coffee break” or just a break are given by the methodology for determining labor standards. And employers themselves understand the importance of such an organization of working time, not only for maintaining a normal level of labor productivity, but also as an incentive to work in the company as a whole. Additional breaks are regulated in the employer’s local regulations - PVTR, collective agreement.

Info

The time of such breaks is regarded as working time, and, accordingly, is paid in the usual manner. The total duration of additional breaks per working day is usually about 10–20 minutes. Technical (specialized or technological) breaks The legislative basis for providing specialized breaks is Art.

Types of breaks that are included in working hours and paid

The time of breaks, as well as their duration, is established by internal labor regulations or by agreement between the employee and the employer. Every organization should have a schedule indicating the time and duration of breaks. With the permission of the employer, the time not used for lunch can be used to cover during the day.

• Unfortunately, the duration and number of breaks for rest and eating are not determined in any way by the current Labor Code.
  Only the minimum (30 min.) and maximum (2 hours) duration of the break, which is not included in working hours, is precisely named. As Art. 108 the duration of rest and breaks are established by internal labor regulations or by agreement between the employee and the employer. I myself work 12 hours a day, but we still haven’t agreed on this issue.

Do I have the right to a lunch break and smoking breaks during work? 12 hour day

Important

Article 108 of the Labor Code of the Russian Federation “Breaks for rest and food” prescribes a working break of no more than 2 hours, but not less than half an hour. Accordingly, your break, if you are registered under the Labor Code of the Russian Federation, can last from 30 to 120 minutes. Exactly what time in this period is regulated directly by the enterprise in which you work.

What breaks are allowed during the working day according to the Labor Code of the Russian Federation?

• According to the degree of obligation for the employer:

• mandatory - lunch break, most breaks provided to certain categories of employees, warming breaks, etc.;
• recommended - additional breaks established by the employer’s local regulations.

• By inclusion during working hours (and, accordingly, payment):

• excluded from working hours - lunch break;
• included in working hours - most other types of breaks.

In the collective agreement and PVTR, the employer must reflect the types of breaks used in the organization and the rules for determining them (it is better if specific time frames are indicated). If the working regime of individual employees in terms of breaks differs from others, their conditions can be stipulated in the employment agreement.
General rules for working in low temperature conditions:

• additional breaks are provided along with the opportunity to warm up in a specially equipped room;
• the air temperature in the room for heating should be above 21°C, while the legs and arms must be additionally heated - at a temperature from 35°C to 40°C;
• heating time at an ambient temperature of up to 10°C, you can work for no more than 10 minutes in a row, below 10°C - no more than 5 minutes in a row;
• Employees working in low temperatures must be fed a hot lunch, after which they can begin work no earlier than 10 minutes after completion.

If the employer does not ensure that employees working in the cold comply with the listed guarantees, they have the legal right to refuse work.

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As you know, any worker, no matter what profession and conditions he works in, is not a robot or a machine. His work, for physiological reasons, cannot be continuous. Both the natural needs of the body and fatigue take their toll, and the result may well be unsatisfactory work results.
Unfortunately, not all employers understand this. But the labor code guards the interests of workers, not only regulating the duration of mandatory technical or lunch breaks, but also leaving scope for providing additional rest during an 8- or 12-hour working day.

Article 108. breaks for rest and food

Thus, it would be absolutely unnatural to send a kindergarten teacher to lunch - after all, it is impossible to leave children unattended. It is for such cases that Part 2 of Art. 108 makes a reservation: if it is impossible to organize a full lunch, the meal must be organized by the employer without interrupting the process (in the example given, together with the children). Nevertheless, the presence of such a feature for certain categories of workers is necessarily stipulated in the PVTR.

The law also allows the so-called floating lunch break, which means the employee can independently determine the time for meals depending on the workload and the current situation. However, the time “corridor” for choosing the time of rest is still prescribed either in local regulations or in the contract.

" № 8/2015

What breaks are provided for workers by labor legislation? What are the features of providing time for lunch? Who can get special breaks? In what order are breaks for feeding the child provided? What breaks are recommended?

Not all workers can work from morning to evening without rest all the time. Yes, no one demands this from them. The legislation provides for breaks during the working day, primarily for rest and nutrition. But there are other breaks. And if hardly anyone is left without lunch now, then other types of breaks are not always provided - and in vain, since failure by the employer to comply with the requirements of the law on rest periods may result in prosecution. Let's consider what breaks and what categories of workers are entitled to.

Speaking about breaks during the working day, we will immediately say that they can be divided into mandatory ones, which the employer must provide, and recommended ones, which he is not obliged to provide, but can be established by local regulations. And in this case, providing such breaks will also become mandatory.

Mandatory breaks include:

• rest and nutrition;
• heating and rest (special);
• feeding the baby,
• as well as rest for persons driving vehicles.

Recommended breaks include breaks for people working at computers or in conditions of elevated temperatures. In addition, each organization may provide special breaks, for example, for psychological relief or short-term rest.

Almost all breaks are included in working hours and are subject to payment - with the exception of breaks for rest and meals. And now everything is in order.

Time for rest and food

Employers of all organizations (both non-profit and commercial) are required to provide employees with a break for rest and food during the working day (shift). This obligation is established by Art. 108 Labor Code of the Russian Federation. Such a break can last from 30 minutes to 2 hours. The specific duration is established by local acts of the organization, usually internal labor regulations.

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Since the break for rest and meals is not included in working hours and is not paid, the employee can use it at his own discretion and leave the place of work.

However, employees of certain categories cannot interrupt the performance of their work duties and are not provided with a meal break on the basis of regulatory legal acts. These, in particular, include teachers and employees of educational institutions. According to the Order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 No. 69 “On the peculiarities of working hours and rest time for teaching and other employees of educational institutions,” these workers are provided with the opportunity to eat food simultaneously with students, pupils or separately in a room specially designated for this purpose. In such cases, the lunch break is included in working hours and is subject to payment.

When establishing the duration of a lunch break, the question arises: is it possible to establish different lengths of breaks or the moment of their provision for employees of different positions?

Since the Labor Code does not establish any prohibitions, the employer has the right to establish different durations and break times for employees of different categories, especially since this will most likely have to be done if the organization has several working hours, that is, some employees work five days a day. a working week with two days off, some in shifts, etc. And for some specialties, regulatory legal acts establish separate requirements and recommendations. Thus, Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 No. 15 approved the Regulations on the peculiarities of the working hours and rest periods of car drivers (hereinafter referred to as the Regulations), which must be taken into account when drawing up work schedules (shifts) for drivers of organizations of all forms of ownership.

According to clause 24 of the Regulations, drivers of organizations working in shift mode, the duration of a shift in which is more than 8 hours, may be provided with two breaks for rest and food with a total duration of no more than 2 hours and no less than 30 minutes. In this case, the time for providing breaks for rest and food and its specific duration (total duration of breaks) are established by the employer, taking into account the opinion of the representative body of employees or by agreement between the employee and the employer.

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If the time and duration of the break for rest and food for some categories of employees of the organization differs from the generally established ones, this should be reflected not only in the internal labor regulations, but also in the employment contract with employees (Article 57 of the Labor Code of the Russian Federation).

Difficulties in establishing a break for rest and food may arise when an employee works part-time or part-time, and his working day is, for example, 2 hours. What to do in this case - set such a break or not? Moreover, if the employee himself refuses it...

Since Art. 108 of the Labor Code of the Russian Federation does not make any exceptions for part-time workers; the employer is obliged to establish a break regardless of the working hours and the length of the working day (shift). However, there is another opinion: under part-time working conditions, a lunch break may not be provided. In addition, the Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51, which is still in force in the part that does not contradict the Labor Code, for example, states that a break for rest and food is provided to women working part-time time if the length of the working day (shift) exceeds 4 hours.

We adhere to the first point of view - that the obligation to provide a break for rest and meals does not depend on the length of the working day and must be fulfilled in any case. Accordingly, the minimum break duration should be set to 30 minutes.

If the employee does not take a lunch break

Sometimes an employee, for some reason, does not use the break assigned to him for rest and meals, but does his work during this time. Can the employer pay for this period? We answer: no. It is the employer's responsibility to provide employees with a lunch break that is not part of working hours. An exception, as already mentioned, is made for categories of workers who cannot be provided with such breaks. But the obligation to use rest time for employees has not been established; the choice remains at their discretion - someone rests, someone works... In any case, the employer does not have to pay for rest and food time, if the employee worked during such a break.

For example, D., working as a security guard at MMBU “UDH”, went to court with a demand to recover wages from the employer during lunch, since he performed work duties during the lunch break. He believed that, according to the conditions of production at MMBU "UDH", it was impossible to provide a break for rest and food.

However, the court found that the employees had a lunch break established by internal labor regulations and employment contracts. In addition, these rules do not provide a list of jobs for which, due to production conditions, it is impossible to provide a break for rest and food. And according to witness testimony, the enterprise does not have a ban on leaving its territory at lunchtime.

Thus, the court did not see any grounds for satisfying D.’s claims (Appeal ruling of the Murmansk Regional Court dated 04/08/2015 in case No. 33-967).

Organizing a place to rest and eat

In addition to the fact that the employer must set time for employees to rest and eat, he must provide appropriate conditions for this, namely, equip special premises. In part 3 of Art. 108 of the Labor Code of the Russian Federation states that in jobs where, according to the 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 and places for rest and meals are established by the internal labor regulations.

And according to Art. 223 of the Labor Code of the Russian Federation, the employer is responsible for sanitary services and medical support for employees in accordance with labor protection requirements. For these purposes, the employer, in accordance with established standards, equips sanitary facilities, premises for eating, for providing medical care, for rest during working hours and for psychological relief; posts equipped with first aid kits are organized; apparatus (devices) are installed to provide workers in hot shops and areas with carbonated salt water; and etc.

Mandatory special breaks

One of the mandatory special breaks is a warm-up and rest break. In accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, it is provided to those working in the cold season in the open air or in closed, unheated rooms, as well as to loaders engaged in loading and unloading operations, and other workers in necessary cases. As already mentioned, such breaks are included in working hours.

In this regard, the employer is obliged to provide premises for heating and rest of employees. Methodological recommendations for organizing heating and rest were approved by the Chief State Sanitary Doctor of the Russian Federation. In particular, they say the following:

• In order to normalize the thermal state, the air temperature in heating areas should be maintained at 21 – 25 °C. The room should be equipped with devices for heating hands and feet, the temperature of which should be in the range of 35 – 40 °C (clause 5.8);
• in order to more quickly normalize the thermal state of the body and reduce the cooling rate during the subsequent period of stay in the cold, insulated outer clothing should be removed for heating, and therefore it should be suitably equipped (clause 5.9);
• to avoid hypothermia, workers should not be in the cold during breaks at work for more than 10 minutes at air temperatures down to -10 °C and no more than 5 minutes at temperatures below -10 °C (clause 5.10);
• breaks for heating can be combined with breaks to restore the employee’s functional state after performing physical work. During the lunch break, the employee must be provided with hot meals. You should start working in the cold no earlier than 10 minutes after eating hot food (tea, etc.) (clause 5.11);
• The duration of a single heating break in a heated room should not be less than 10 minutes (clause 7.3).

For your information

Requirements for equipping premises for heating can be found in other regulatory legal acts. For example, by virtue of clause 16.2.10 of the Safety Rules for the construction of underground structures, approved by Resolution of the State Mining and Technical Supervision of the Russian Federation dated November 2, 2001 No. 49, when working in frozen soil conditions with hand-held vibrating tools, breaks to warm the hands should be taken every 40 minutes for up to 15 minutes. . In addition, hand warmers with a surface temperature of 40 °C (+/-2 °C) or electric towels should be installed at the heating point.

Please note that since the employer is obliged to organize places for heating and eating during the cold season, if he fails to fulfill this obligation, the employee has the right to suspend work, and in this case he cannot be subject to disciplinary action. But for the employer, failure to fulfill this obligation, as well as failure to provide the breaks themselves, is fraught with administrative penalties.

Mandatory special breaks included in working hours include breaks for drivers of vehicles engaged in international transport. Thus, according to paragraph 19 of the Regulations, after the first three hours of continuous driving, the driver is given a special break for rest from driving a car on the road for at least 15 minutes; subsequently, breaks of this duration are provided no more than every two hours. If the time for providing a special break coincides with the time for rest and food, the special break is not provided.

A special additional break for an hour with the right to sleep is also mandatory for traffic controllers who directly control the movement of aircraft when working on the night shift. The specified break is not included in working hours.

Baby feeding break

And another mandatory break, included in working hours and subject to payment in the amount of average earnings, is a break for feeding a child.

According to Art. 258 of the Labor Code of the Russian Federation, working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children). Such breaks are provided at least every three hours, lasting at least 30 minutes each. If a woman has two or more children under the age of one and a half years, the break is set for at least an hour.

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The obligation to provide breaks for feeding the child extends to fathers and other persons raising children without a mother, to guardians (trustees), including persons working part-time (Articles 264, 287, paragraph 15 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28. 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”).

Such breaks are granted based on the woman’s application. If a woman indicates this in the application, breaks for feeding can be added to the break for rest and nutrition or, in aggregate form, transferred to the beginning or end of the working day (work shift) with a corresponding reduction.

In addition to the application, the employee should be asked for the child’s birth certificate in order to determine exactly how long additional breaks should be set: from the day after the child turns one and a half years old, feeding breaks are no longer assigned.

By virtue of Part 2 of Art. 57 of the Labor Code of the Russian Federation with the employee it is necessary to conclude an additional agreement to the employment contract indicating the duration and periods of providing breaks for feeding. Based on the application and agreement, the employer issues an order.

Since these breaks are subject to payment in the amount of average earnings, they must be recorded in the time sheet.

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If a woman, due to the nature of her work, cannot use breaks to feed the child, by virtue of Part 4 of Art. 254 of the Labor Code of the Russian Federation, on the basis of an application, she must be transferred to another job until the child reaches the age of one and a half years. In this case, the payment for the work performed must not be lower than the average earnings for the previous job.

Let us note that a woman is entitled to breaks to feed her child regardless of her work schedule, in particular if she works part-time.

In accordance with Part 1 of Art. 109 of the Labor Code of the Russian Federation for certain types of work provides for the provision of special breaks to employees during working hours, determined by the technology and organization of production and labor. These breaks must also be paid.

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The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

These breaks, for example, include a rest break during the day for employees who constantly work at a computer. According to the Standard Instructions for Labor Safety when working on a personal computer TOI R-45-084-01, approved by Order of the Ministry of Communications of the Russian Federation dated July 2, 2001 No. 162, depending on the type of work activity and the category of severity and intensity of working with a computer, regulated breaks should be established. To establish the duration of breaks, you can use SanPiN 2.2.2/2.4.1340-03.

Clause 1.2 of Appendix 7 to these rules establishes three types of work activity and three categories of severity and intensity of work with PVEM.

Depending on the category of work activity and the level of workload during a work shift when working with a PC, the total time of regulated breaks is established, which are presented in the table of clause 1.2 of Appendix 7, according to which, for example, for an 8-hour shift, such time ranges from 50 to 90 minutes .

Additional breaks during the working day may also be established during work of a special nature. According to Part 2 of Art. 100 of the Labor Code of the Russian Federation, the specifics of the working time and rest time regime for transport, communications and other workers whose work is of a special nature are determined by the relevant executive authorities. For example, Order No. 533 of the FSMN of the Russian Federation dated September 26, 2013 established that employees of the penal system when working at night with a shift duration of 12 hours or more can be given an additional break of 1 to 4 hours.

The employer may establish additional breaks when working in conditions of elevated temperatures. This also applies to people working in warming microclimates.

For your information

Work and rest regimes for workers in a heating microclimate in a production facility and in open areas during the warm season were approved by the Chief State Sanitary Doctor on December 28, 2010 (MR 2.2.8.0017-10. 2.2.8).

In addition, you can be guided by the Information of Rospotrebnadzor dated July 30, 2014 “Recommendations of Rospotrebnadzor for those working in conditions of elevated air temperatures.” So, according to these recommendations, to prevent overheating of the body, it is necessary to organize a rational operating mode. When working outdoors and outside temperatures of 35 °C and above, the duration of periods of continuous work should be 15 - 20 minutes, followed by a rest of at least 10 - 12 minutes in refrigerated rooms. In this case, the permissible total duration of thermal load per work shift should not exceed 4–5 hours for persons using special clothing to protect against thermal radiation, and 1.5–2 hours for persons without special clothing.

Summarizing all of the above, we note the features of breaks during the working day (shift): they, as a rule, are included in working hours, and in some cases they must be provided in specially equipped places and for certain categories of workers.

The obligation to provide breaks during the working day, in addition to the Labor Code (Articles 108, 109, 258), may be established by regulatory legal acts of federal executive authorities, industry agreements, collective agreements, local regulations and an employment contract (if the regime for a particular employee is rest differs from the generally established regime in the organization).

For failure to fulfill the obligation to provide breaks during the working day, the employer may be held administratively and financially liable. As for employees, they do not have the right to use the breaks established for them for other purposes, and the employer can bring them to disciplinary action for violations. The only exception is a break for rest and food.

“On approval of the Regulations on the procedure and conditions for the use of labor for women with children and working part-time.”

MP 2.2.7.2129-06. 2.2.7 “Labor physiology and ergonomics. Work and rest regimes for workers in cold weather in open areas or in unheated premises" dated 09.19.2006.

Clause 9 of the Regulations on the specifics of working hours and rest time for workers performing air traffic control for civil aviation of the Russian Federation, approved. By Order of the Ministry of Transport of the Russian Federation dated January 30, 2004 No. 10.

Put into effect by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 No. 118.

“On the peculiarities of working hours and rest time for employees of institutions and bodies of the penal system.”

Eating several times a day at regular intervals is an essential physiological need for humans. This necessitates the need to provide the employee with a break from work during lunch. The obligation to provide appropriate time is legislated in the Labor Code of the Russian Federation.

Is lunch included during working hours

By agreement of the parties, the employee may be given specific duration and frequency of lunch time, separate from others. In this case, the corresponding condition must be included in the employment contract or an additional agreement to it.

Lunch break for a part-time (for example, 4-hour) working day

Working conditions for part-time work are regulated by Article 93 of the Labor Code of the Russian Federation. This rule states: an employee who works under such conditions cannot be limited in labor rights.

Therefore, if an employee has a part-time working day (it does not matter what the duration is - four hours or two), then:

• firstly, the employee must be given a lunch break according to the Labor Code of the Russian Federation;
• secondly, the duration of such a break cannot be less than thirty minutes.

Lunch time for a 12-hour (or more) work day

For cases where working hours exceed the normal (i.e. eight-hour) working day, labor legislation does not provide for additional lunch time. In this case, the employer has the right to resolve this issue independently or in agreement with the employee.

For example, if an employee has a 12-hour working day, in accordance with the internal labor regulations, he can be provided with two lunch breaks of 45 minutes each during the working day.

Is lunch break paid?

Payment for lunch breaks is not provided for by labor legislation. As a general rule, the time of such a break is not working time and is used by the employee at his own discretion.

Many workers, especially those who have small children, want to leave the office early. Companies find a solution to the problem by moving lunch to the last hour of the working day.

Let me remind you that the Labor Code distinguishes between several types of breaks during the working day. One of them is provided for rest and food. Article 108 of the Labor Code contains a rule on its duration. The break cannot be more than two hours and less than 30 minutes. A specific break period is established in each organization and is enshrined in local regulations. It is mandatory to provide it to employees. Break time is not included in working hours and is not paid. In this regard, the most frequently asked question is about the possibility of moving lunch to the beginning or end of the working day. The law does not contain a prohibition. However, the wording of Part 1 of Article 108 of the Labor Code of the Russian Federation and the purpose of this break allow us to assert that such actions of companies are illegal. Separate legal acts stipulate that a “time out” for rest and food must be provided in the middle of the day or no later than 4 hours after it begins. As an example, we can cite the Sanitary Rules for Occupational Hygiene for Car Drivers, approved by the USSR Ministry of Health on May 5, 1988 No. 4616-88.

Basics

Lunch, provided for in Article 108 of the Labor Code, must be provided during the day and divided into two parts. Providing a break at the end of working hours contradicts the meaning of such a rest.

The break time and its specific duration are fixed by the internal labor regulations. They can be additionally specified in the agreement between the employee and the employer. Let me remind you that, according to Part 3 of Article 68 of the Labor Code of the Russian Federation, the employer is obliged, when hiring (before signing an employment contract), to familiarize the specialist with the internal labor regulations, other local regulatory legal acts, directly related to the employee’s activities and the collective agreement. If it is assumed that the work and rest schedule will differ from the general rules in force in the company, then the specified information must be entered directly into the work contract (Article 57 of the Labor Code of the Russian Federation).

It is also possible to change the working hours of an already working employee. To do this, it is necessary to draw up an additional agreement to the contract. The latter is possible, for example, by virtue of Article 258 of the Labor Code of the Russian Federation in the case of a woman who has a child under the age of one and a half years going to work and providing her with breaks for feeding, as well as if the employee is recognized as disabled, the need to care for a sick family member and in other situations at the initiative of the employee and with the consent of the employer.

If, due to production conditions, it is impossible to provide a break for rest and food, it is necessary to provide the team with the opportunity to take a break and eat during working hours. The list of such positions, as well as places for meals, are established by the internal labor regulations. In this case, lunch time is included in working hours and is paid (Article 108 of the Labor Code of the Russian Federation).

If a break is moved to the end of the day at the employee’s written request, the labor inspectorate may fine the company during an inspection. This position is adhered to by Rostrud. The department believes that it is impossible to move the lunch break to the evening. This, according to officials, contradicts the norms of labor legislation and the requirements of sanitary rules.

In order to go home earlier, an employee can take advantage of the right to part-time work granted to him by Article 93 of the Labor Code. The employer, for its part, has the right to set him a break for rest and food, included in the working day (Article 224 of the Labor Code of the Russian Federation).

Example

40 percent of Russians do not take time for a lunch break, 25 percent rest but do not bathe. According to ABC and the National Restaurant Association.

Suppose an employee was given an 8-hour working day from 10.00 to 19.00 with a break from 13.30 to 14.30. An employee asks to reschedule lunch for the end of the working day. This break is not included in working hours. It turns out that the working day will be from 10.00 to 18.00, and the break will be from 18.00 to 19.00. Consequently, lunch no longer interrupts the working day, which means it is no longer a break.

Thus, lunch provided for in Article 108 of the Labor Code must be provided during the day and divided into two parts. Providing a break at the end of working hours contradicts the meaning of such a rest.

Legal ways

How can you legally shorten your working hours and allow employees to leave early? Let's consider another situation: employees of one of the departments submitted an application with a request to reduce lunch from an hour to 30 minutes in order to reduce the time spent in the office by half an hour. In this case, is the employer obliged to change the duration of the break for rest and food? The answer is yes. In this case, it is necessary to make appropriate changes to the internal labor regulations, collective or employment agreement. In this case, the company is only obliged to comply with the provisions of Part 1 of Article 108 of the Labor Code of the Russian Federation, that is, to establish in the internal labor regulations (or by agreement between the employee and the employer) a lunch break of at least 30 minutes.

Example

The employee was given an 8-hour working day from 09.00 to 18.00 with a break from 13.00 to 14.00. An employee asks to shorten lunch by 30 minutes. In fact, it will work from 09.00 to 17.30 with a break from 13.00 to 13.30.

Therefore, it is not a violation that lunch time will be reduced from one hour to 30 minutes. If a break in an organization lasts an hour or more, then for a specific employee it can be reduced to half an hour.