Organization of special technological and technical breaks and reasons for their provision. We establish technological breaks

There has always been a labor relationship and discipline between employee and employer.

Some people want to devote as much time as possible to relaxing, communicating with colleagues, drinking coffee and discussing the latest gossip. Others insist on full dedication work to achieve maximum productivity and efficiency. Labor legislation, which regulates work and rest standards, provides for all kinds of liability for non-compliance with them, allows maintaining the balance of power between these two parties.

Art. 108 of the Labor Code of the Russian Federation provides for the right to rest for all employees. It should be at least 30 minutes, but not exceed 2 hours in total. This time is not counted as work time.

Each company has the right to independently provide for the work time of an employee of a certain specialty, rest, and also reflect the interval for each of the breaks. The most common use of rest breaks is during lunch. At the discretion of the manager, he has the right to increase or reduce it.

When applying for a job, an employee must be familiar with the established labor regulations.

Separately, smoke breaks in working hours are not allocated according to the Labor Code, but they have the right to spend the provided break according to at will, including smoking breaks.

Many companies, when applying for a job, ask you to indicate in the application form bad habits, these include smoking, how often and how many cigarettes a day the candidate smokes.

The company is required to create separate smoking areas for such employees. Large holdings have begun to pay more attention to this problem and are fighting in every possible way for a healthy lifestyle, motivating employees to give up the bad habit.

Break for rest and food

Let us remind you that rest for meals is provided for by the legislation of the Russian Federation. Its exact beginning and end are determined by the head of the company by internal act.

Since this time is not working time, the employee can dispose of this break at his own discretion:

• go to lunch;
• go home;
• meet friends, etc.

It happens that an employee, due to the nature of his work, does not have the opportunity to have lunch at the allotted time. In this situation, the employee has lunch at any other time. free time, this vacation is credited to him and is subject to payment.

The legislator enshrined in regulations different, also the head of the company may approve several more options, depending on the category of employees.

The main thing to remember is that the lunch break should be at least half an hour.

Another feature is provided; it is as follows: the manager approves only the total time of the break, without indicating its beginning or end. The worker uses it at his own discretion, whether he spends it at once, divides it into several short periods, or maybe even uses this time for work activities.

Types of breaks at work

Legislative acts provide for several types of possible break intervals at work. They depend on the specifics, severity of the work performed, as well as the conditions in which the workers find themselves, when such periods are considered working and must be paid.

Breaks are divided into the following categories:

• lunch and rest;
• rest and recuperation in case of bad weather conditions;
• time to be able to feed the baby;
• special types.

Break for warmth and rest

It is given to those employees whose working conditions involve heavy physical labor, as well as in adverse weather conditions. Such employees should be given a special work schedule and be provided with adequate space where workers can regain their strength and warm up. It is necessary to take into account that such break time must be counted as working time, entered into the time sheet, and subject to payment.

Workers who are entitled to rest for heating and food include:

• performing labor functions in the cold or in buildings where there is no heating (builders, janitors);
• loaders with heavy physical exertion, etc.

Baby feeding break

For employees who decide to start childcare before the child reaches 1 year and 6 months of age labor activity, the manager must allocate additional time so that she has the opportunity to feed the baby. The same opportunity should be given to single fathers or guardians.

Many employers are not very willing to agree to such breaks; the majority of them first try to find some reasons for refusal and not allocate another break; they ask questions about feeding, whether the child is fed breast milk or artificial formula.

If a woman for some reason cannot breastfeed her child and gives him artificial formula, on this basis the employer sometimes tries to refuse to provide additional rest time, this is regarded as a direct violation labor legislation RF from the employer's side.

The time to be able to feed the baby should be as follows:

• the family is raising a single newborn under the age of 1 year and 6 months, the opportunity to feed the child should be within 30 minutes after every three hours of labor;
• If there are two children or more under the age of 1.5 years in a family, then the opportunity to feed takes from one hour.

Such a break must be included in the time sheet and paid according to.

At the request of the worker, she can submit an application with clarifying points regarding the breaks provided:

• ask to combine an extra break and your lunch time;
• combine and assign breaks with the opportunity to feed the child to the beginning or end of the working day, shortening it.

To properly secure such a break, the employee must submit to the HR department:

• statement;
• a copy of the child's certificate.

An order must be issued for the employee to allocate time for the opportunity to feed the child, taking into account all additional nuances at the request of the employee.

Special breaks

Personal breaks

Breaks to go to the toilet, smoke, chat with a colleague over a cup of coffee or tea are not established by the legislator, but in all kinds of methodological recommendations, in order to reduce the level of employee fatigue and increase productivity, it is necessary to give such breaks for 10–20 minutes. Such rest time can be reflected in the company’s internal regulations. Some companies go further and equip a special room in the office space where their employees will fully rest and replenish their strength.

Necessary for workers working with all kinds of equipment. These can be both workers who perform duties at the computer for a long time, and employees who work in production, while most of the time they are behind the conveyor belt. The employer must allow a break of 10–15 minutes, and the total rest time per day should be 50–90 minutes.

A technical break is also necessary:

• air traffic controller, he must interrupt his activities for 20 minutes. after two hours of labor;
• for a driver on intercity flights, he must stop for 15 minutes en route. 3 hours from the starting point and after two hours on the road;
• workers involved in the production of alcohol, juice, yeast;
• workers working with fire-resistant coatings are given the opportunity to rest for a period of ten minutes every working hour;
• whose work involves transporting goods on railway tracks and using respiratory protection equipment, rest must be at least 15 minutes at a remote distance from a place where it is possible to remove the protective equipment;
• employees of postal offices and cadastral chambers who receive citizens and provide consultations.

The above list is not exhaustive; the manager has the right to establish by internal act other positions that provide for a mandatory break to maintain health, efficiency and uninterrupted performance of work functions.

Whether such rest time will be counted as working time and whether it will be paid is up to management to decide.

Establishing the types and duration of breaks

Any periods of time are approved by certain documents:

• Labor Code of the Russian Federation;
• by-laws;
• internal acts of the company.

The structure of the working day must be approved in the developed documentation. All employees must be familiar with the approved procedures, because Failure to comply with legislation, work schedules and work hours entails negative consequences on the part of both the employee and the employer.

To summarize the above, we can say with confidence that maintaining a balance between work and rest will have a positive impact on both the physical and psychological state of employees and on labor productivity. It has been proven by many years of experience that those employees who have the opportunity to take several short breaks during their working hours are less tired and bring more benefit to the company. But at the same time, workers should not abuse the trust and goodwill of their superiors, which allows them to take such breaks, and does not force them to work tirelessly from eight in the morning to seven in the evening. There must be moderation in everything. And if it is not observed, then the labor legislation of the Russian Federation comes into play, which provides for penalties for. Ignorance of the law does not exempt you from responsibility.

You might be interested

Everyone knows about the lunch break. However, there are many other types of breaks during work that workers are sometimes unaware of – and for good reason. With possibilities legally take time off from work It's worth taking a closer look.

Main types

Experts divide breaks into several large groups:

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

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

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

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

Mandatory lunch breaks, special breaks for heating and feeding the child are recognized.

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

Establishment

Types, beginning, duration of breaks are established collective or labor agreements, as well as internal labor regulations ( PVTR).

In an employment contract, a break can be stipulated if for a specific employee it differs from the general one for the organization: for example, it can be stated there conditions for granting breaks sales agents, merchandisers, and other employees with “field” working conditions who are unable to foresee how long negotiations or work with different clients will take.

Rest and food

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

Labor Code RF. Article 108. Breaks for rest and food

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

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

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

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

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

The employer is not obliged, but has the right to establish several operating modes and, accordingly, breaks in different times and different durations for different groups employees. This is prescribed in the local acts of the organization. But sometimes such features are provided for by law.

For example, the Ministry of Transport of the Russian Federation has established specifics of driver breaks(Order No. 15 of August 20, 2004) and air traffic controllers(order No. 10 of January 30, 2004): if drivers work in a shift longer than 8 hours, then they are entitled to two breaks from half an hour to two hours for food and rest, and dispatchers driving aircraft on the night shift, an additional hour of rest is provided. These breaks are not included in paid time.

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

If the part-time employee agrees, you can determine part of the working day, during which he may not be given a break for rest and food.

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

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

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

The employer does not have to pay for this time.

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

IN normative legal acts the employer’s obligations to provide short breaks for psychological relief, a cup of coffee, smoking, visiting the toilet.

As a rule, such breaks are allocated 10-20 minutes per shift, but their duration may vary depending on working conditions. Similar breaks are established local acts organizations.

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

Technical

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

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

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

Technical breaks may be provided to employees performing monotonous work in line production at the conveyor.

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

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

Labor Code of the Russian Federation. Article 109. Special breaks for heating and rest
On certain types work is provided to employees during working hours special breaks, determined by technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

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

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

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

Officers are provided with special breaks of up to 15 minutes. cadastral registration who are required to receive and advise applicants.

And also employees postal branches.

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

When working in cold and hot weather

For those who work in winter outdoors or in unheated rooms, loaders, janitors and, if circumstances require, other employees, in accordance with Article 109 of the Labor Code of the Russian Federation, are entitled to special paid regulated breaks for heating and rest, which are included in working hours, and each of which lasts at least 10 minutes.

Employees must spend these breaks in specially equipped employer premises where you can take off warm outer clothing and warm up.

At the same time must be respected some conditions:

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

During lunch breaks, workers must be provided hot food, after taking which there should be a 10-minute interval before going out into the cold.

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

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

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

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

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

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

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

For feeding baby

Women who work with children under 1.5 years old, The Labor Code in Article 258 guarantees for feeding a child at least a 30-minute break after every three-hour working period. If such a child is not alone, then a long break should take at least an hour.

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

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

Labor Code of the Russian Federation. Article 258. Breaks for feeding a child
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) at least every three hours, lasting at least 30 minutes each.

If a working woman has two or more children under the age of one and a half years, the duration of the feeding break 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 nutrition or, in aggregate form, are transferred to both the beginning and the end of the working day (work shift) with a corresponding reduction.

Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.

If working time is divided into parts

Some workers in trade, services, communications, transport and public utilities during the day due to the peculiarities of work activity or the production process.

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

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

Labor Code of the Russian Federation. Article 149. Remuneration for labor in other cases of work performed in conditions deviating from normal
When performing work in conditions deviating from normal (when performing work of different qualifications, combining professions (positions), overtime work, work at night, weekends and non-working hours holidays and when performing work in other conditions deviating from normal), the employee is made appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, employment contracts. The amounts of payments established by a collective agreement, agreements, local regulations, employment contract cannot be lower than those established by labor legislation and other regulations containing labor law norms.

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

If it lasts longer than expected

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

This is considered as late, for which the organization usually imposes disciplinary action.

Being more than 4 hours late without a good reason may result in consequences.

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

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

Upon learning of being late from a break, the manager has the right to bring the violator to justice. disciplinary liability within a month, but no later than six months from the date of delay.

Of course, the employer worth considering the severity of the violation, its cause and characteristics of the employee.

Resume

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

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

Employers who are repeat offenders, repeatedly ignoring the need for legal breaks for their employees may be disqualified for a minimum of one year and a maximum of 3 years.

Labor legislation requires that employees be provided with special breaks due to production technology. A technical break is set by the employer, but there are regulatory rules for such a break. Let's look at them.

Technical or technological break

In accordance with Article 107 of the Labor Code of the Russian Federation, breaks during the working day are recognized as one of the types of rest time.

As follows from Article 109 of the Labor Code of the Russian Federation, certain types of work imply the need to provide employees with the opportunity to rest during the working day. This is due to the specifics of technology, production and working conditions. A specific list of such work and the procedure for providing appropriate breaks are fixed in the internal regulations.

Such breaks, for example, could be:

• technological break to ventilate the room due to the concentration of harmful substances in the air;
• break for cleaning the premises due to regular contamination with waste generated during production or processing;
• break to update information from external sources received online, etc.

According to Rostrud, technological breaks during working hours refer to this (working) time (Letter of Rostrud dated April 11, 2012 N PG/2181-6-1). In other words, such breaks do not increase the length of the working day, but are included in it.

Taking a break while working at the computer

One of the types of work for which the Labor Code provides for clear regulation of the provision of technological breaks is work at the computer.

The procedure for organizing work for persons whose work is related to computer equipment is regulated, in particular, by SanPiN 2.2.2/2.4.1340-03 (approved on May 30, 2003).

Depending on the type of work and the degree of load, Appendix 7 to SanPiN 2.2.2/2.4.1340-03 establishes that the rest time for the type of work in question should be from fifty to one hundred and forty minutes during the working day.

The TOI Standard Instruction R-45-084-01 (approved on February 2, 2001, hereinafter referred to as the Instruction) contains more detailed regulation of the issue under consideration.

According to the Instructions, the duration of work with a computer without a special break cannot be more than two hours.

The purpose of providing such a break is to reduce tension, eye fatigue, etc.

Technological breaks during a 12-hour working day

According to Methodological Recommendations MP 2.2.9.2311-07. 2.2.9 (approved by the Chief Sanitary Doctor on December 18, 2007), when working a twelve-hour day shift with average work intensity, it is recommended to provide two lunch breaks, four additional breaks of 10 minutes each, as well as time for a short nap lasting 45-60 minutes after the first lunch break.

This measure is aimed, among other things, at preventing employees from becoming stressed and, as a result, at improving working conditions and the health of employees.

At the same time, we draw attention to the fact that this document is advisory in nature, and the List of measures to improve occupational safety, approved by Order of the Ministry of Health and Social Development of Russia dated March 1, 2012 N 181n, does not contain measures from this document.

One of the types of rest time defined by Art. 107 of the Labor Code of the Russian Federation, are breaks during the working day (shift). The Labor Code provides for several types of breaks that an employee is entitled to for certain circumstances, but the employer is not prohibited by local regulations or in the employment contract from establishing other types of breaks. What breaks is an employee entitled to? Which ones are included in working hours and which ones are not? When are breaks payable? In this article we will talk about work breaks and cases of their provision.

Breaks for rest and food

In practice, such a break is called “lunch” or “lunch break”. Its duration should be determined based on specific conditions, taking into account the specifics of the employer’s activities and existing organization food for workers. The specific duration of lunch is established by internal labor regulations or by agreement between the employee and the employer.

A break for rest and food is not included during working hours; accordingly, it is not paid by the employer. At this time, the employee may leave work and use the break time at his own discretion.

FYI

Internal labor regulations - a local regulatory act regulating the procedure for hiring and dismissing employees, basic rights, duties and responsibilities of the parties employment contract, working hours, rest time, incentive and penalty measures taken against employees, as well as other regulatory issues labor relations at this employer ( Art. 189 Labor Code of the Russian Federation).

The time for providing a break is also determined in the internal labor regulations or the employment contract with a specific employee. Lunch is usually provided four hours after the start of work and lasts one hour. It is possible to divide this hour into two breaks of 30 minutes each. Such a division may occur when the work shift lasts more than eight hours. But if the shift duration is four hours or less, a break for rest and food may not be established.

However, there are jobs where, due to production conditions, it is impossible to provide workers with breaks for rest and food. In this case, it is necessary to provide the employee with the opportunity to rest and eat during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

Lunch breaks are sometimes associated with disputes about dismissal for absenteeism. Let us remind you that absenteeism includes absence from work without good reasons more than four hours in a row during a working day (shift). Is it possible to include a lunch break during an employee’s absence? That is, will it be considered absenteeism, for example, if an employee is absent from 9 a.m. to 1 p.m. if he has a lunch break from 12 p.m. to 1 p.m.? There is no clear answer to this question.

Some experts believe that lunch cannot be included during an employee’s absence from work, since in this case the employee is free from performing work duties and can use this break at his own discretion ( Art. 106 Labor Code of the Russian Federation). Other experts believe that lunch does not interrupt the employee's four-hour absence from the workplace. Moreover, both the first and second points of view are confirmed by judicial practice.

The author adheres to the second opinion, and here's why. According to Art. 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform job responsibilities, as well as other periods that, on the basis of the Labor Code of the Russian Federation and other regulatory legal acts, relate to working time. However, the Labor Code does not define the working day as working time during the day before lunch and working time after lunch. Thus, a lunch break cannot interrupt the four-hour period required for dismissal under paragraphs. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for absenteeism.

Special breaks for warming and rest

• workers performing work in the cold season outdoors or in closed, unheated rooms;
• loaders involved in loading and unloading operations;
• other employees as necessary.

To avoid hypothermia, workers should not be in the cold during breaks at work for more than 10 minutes at air temperatures below -10 °C and no more than 5 minutes at air temperatures below this mark.

Warm-up breaks 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.).

To determine the number of breaks for heating workers performing work in the cold season outdoors or in closed unheated rooms, employers should focus on the maximum permissible degree

cooling of a person, specified in the appendices to Methodical recommendations. The permissible duration of exposure to the cold once per work shift, depending on the category of work performed and the air temperature, and the number of 10-minute breaks for heating (over a four-hour period of the work shift) should be determined according to Tables 2 - 13 of the Guidelines.

Baby feeding breaks

Let us note that some employers, having received an application from an employee to establish such breaks, try to find out what kind of feeding the child is on, and if women say that it is artificial, they refuse to provide them. This is a violation, since the Labor Code does not establish the dependence of the provision of breaks for feeding a child on the type of feeding, so the employer is obliged to provide them.

The duration of breaks for feeding a child is:

• if there is one child - at least 30 minutes and at least every three hours of work;
• if there are two or more children under the age of one and a half years - at least one hour.

FYI

Since breaks for feeding a child are subject to payment in the amount of average earnings, such breaks must be separately reflected in the working time sheet. The unified timesheet forms do not provide a corresponding code, so the employer will have to enter it.

At the request of the woman, breaks for feeding the child (children) can be:

• joined to a break for rest and food;
• transferred in aggregate form to both the beginning and the end of the working day (work shift) with its corresponding reduction.

Other breaks

For example, in cases where the nature of the work requires constant interaction with video display terminals (typing text or data entry, etc.), attention and concentration, excluding the possibility of periodic switching to other types of work activities not related to personal computers, it is recommended organizing breaks of 10 - 15 minutes every 45 - 60 minutes of work. In this case, the duration of continuous work with video display terminals without a regulated break should not exceed one hour.

When establishing such technological breaks, the employer must take into account the requirements Standard instructions on labor protection 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, according to which, during an eight-hour work shift and working on a computer, regulated breaks should be set two hours after the beginning of the work shift and two hours after a lunch break of 15 minutes each.

In addition to the breaks discussed above, the employer can independently establish other breaks in local regulations to preserve the health of workers, prevent the negative impact of various equipment, and also to maintain the normal production process. The employer will also decide whether to pay for them or not.

In conclusion

Quite often, employers ignore the requirements of labor legislation and refuse to provide employees with guaranteed breaks from work. In this regard, it is possible to apply penalties to the employer by control and supervision authorities or the court if the employee declares violated rights.

Yes, Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor and labor protection legislation provides for the following fines:

• for officials - in the amount of 1,000 to 5,000 rubles;
• on persons carrying out entrepreneurial activity without forming a legal entity - from 1,000 to 5,000 rubles. (or administrative suspension of activities for up to 90 days);
• on legal entities- from 30,000 to 50,000 rubles. (or administrative suspension of activities for up to 90 days).

1. SanPiN 2.2.2/2.4.1340-03 “Occupational hygiene, technological processes, raw materials, materials, equipment, working tools. Hygiene of children and adolescents. Hygienic requirements to personal electronic computers and work organization. Sanitary and epidemiological rules and regulations”, approved. Chief State Sanitary Doctor of the Russian Federation 05/30/2003.

“I’ll go for a walk”, “I’m taking a break”, “I’ve been sitting too long, I need to warm up”, “I’ll go get some air”, “Let’s take a walk to the next department” - all employees need breaks from work. Whether they work in an office or a workshop, at a computer or at a machine, with people or documents, a work-rest regime always takes place. How much time can and should be allocated for tea parties, lunches, and “walks”? How often can you take “smoke breaks”? How to effectively control rest time for employees?

We present another post from the HR series about the correct regulation of breaks for office employees.

What about the law?

That's right - this is, first of all, in accordance with current legislation. The Labor Code of the Russian Federation states the following. According to Article 108 “Breaks for rest and food” of Chapter 18 of Section V, “during the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours. The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.”

That is, if in your organization, as in most others, office employees work from 9 to 18 (from 10 to 19), then their lunch break is usually 1 hour. It can be increased to 2 hours (if, for example, the canteen is located far enough from the office or employees prefer to go home for lunch to the other end of the city) or reduced to 30 minutes. Accordingly, it is necessary to increase or decrease the time spent at the workplace. Don't forget that a working day is 8 hours. Typically, a break for rest and food is provided to employees approximately four hours after the start of work. By the way, it should be noted that this break is not included in working hours and is not paid, which means it can be used by the employee solely at his own discretion. He can have lunch, go shopping or other personal matters.

With the main meal - lunch - everything is more or less clear. In practice, much more questions are raised by “smoking breaks,” “walking” along the corridors and drinking tea. Let's figure it out. The work of an office employee is in one way or another connected with the use of a computer, and it is this condition that usually determines the presence of short breaks, “five minutes” during the working day. Again, according to the law, to prevent premature fatigue of workers - PC users - it is recommended to organize working time by alternating work with and without using a computer (clause 1.3 of Appendix 7 to SanPiN 2.2.2/2.4.1340-03).

If the work requires constant interaction with the monitor (typing texts, viewing information, entering data) with intense attention and concentration, then it is recommended to organize breaks of 10 - 15 minutes every 45 - 60 minutes of work. It must be emphasized that such breaks are included in working hours by virtue of Part 1 of Art. 109 Labor Code of the Russian Federation. They are needed to reduce neuro-emotional tension and eliminate the influence of physical inactivity (insufficient muscle activity). Some employees can walk along the corridor or go outside, do exercises or sit in a chair in the break room. What can I say, sometimes the simple opportunity to get up, go to the window or pour a cup of tea works well: and after 5 minutes a person returns to work with renewed vigor.

Let's go back to the real world

Everything would be absolutely fine if all employees worked with equal dedication and rested exactly as much as their body needed to restore performance. In fact, any manager has encountered situations of uncontrolled breaks and “smoke breaks”: one by one or in groups, by their own department or catching up with others, employees go into the “smoking room” or the office kitchen: “We are taking a legal break.” As a result, this break lasts longer than expected, work stops, and discipline rapidly declines. There is no need to talk about the benefits of conversations between employees during breaks, or the advantages of informal communication, since we are considering cases where such long “smoke breaks” significantly affect the quality and results of work.

In relation to free time at the workplace, all employees can be divided into two types. The first, having finished performing their work within the framework of the functionality, decided minimum quantity tasks per day, surf social networks, go out every ten minutes to chat with colleagues, call about personal issues. In a word, they use working time unproductively - they end up with continuous breaks.

The second type of employees, having completed the usual amount of work per day, begin to actively look for other activities on their own (they look for what can be improved in daily activities, see problems, set and solve problems in addition to their immediate responsibilities) or through contacting their manager (“What else can I do?” do?”, “Let me do this?”, “Are there any other tasks for me?”). In the case of the second type, there can be no question of inappropriate use of breaks. After all, as we remember, these are category A employees; They are, as a rule, proactive, organized workaholics - in terms of discipline, it is easier with them.

Let's get back to the breaks. Their total duration for all employees when working at a PC can be from 50 to 90 minutes with a normal “office” working day of 8 hours. These breaks must be regulated using internal local regulations; Usually the work and rest schedule is described in the Internal Labor Regulations, and these can also be orders and instructions from the manager. Such documents must be familiarized with signature to all new employees and the entire team if a new document is adopted. Failure to comply with the accepted rules is a reason for issuing disciplinary action with all the ensuing consequences (up to and including dismissal in case of systematic violation).

Breaks can be prescribed, strictly tied to time, for example, “every two hours for 10 minutes at the beginning of the hour,” or making them “floating.” How to track the time an employee is absent from work? For this, there are various time tracking services; you can install special programs on your PC, in corporate information systems there is often a function for such accounting. A very simple option: when an employee leaves for a break and returns from it, he leaves a note to the manager indicating the time of the break.

Separately, it is necessary to say about smoking while working. Whether smoking breaks are classified as main breaks or not is a controversial question. Employees who often smoke are no less likely than others to walk the corridors, drink tea and talk on the phone not about work matters. Therefore, their working hours are reduced even further. How to deal with frequent “smoking breaks”? Here we are, of course, not talking about the dangers of smoking, but about how such non-working pastime can be regulated.

There are many different ideas. An example is employers who, in the fight for the health of their staff, completely prohibit smoking on the premises of the enterprise, but here there is a possibility that employees will “run around the corner” and be late for work in the morning. It is illegal to reduce wages for smoking, but it is possible to pay extra for non-smokers; this practice also exists. This option also works well in companies: employees who smoke are simply given longer working hours. Let’s say his “smoking breaks” take 30 minutes a day, which means his working day is extended by half an hour.

Instead of a conclusion

Let us list a few simple rules that will help effectively regulate breaks in the work of office employees.

• The work and rest schedule must be the same for all workers.
• When developing this mode, you need to take into account the nature of the work (office, production, availability of a PC, etc.), the length of the working day, and the alternation of workdays and weekends.
• All employees must be familiarized with documents regulating breaks, against signature.
• It is necessary to develop and implement a system for monitoring the use of breaks by employees.
• This system should be simple and understandable to all employees.

And also, don’t forget that breaks are really necessary. An employee completely immersed in work for 8 hours, “tied” to the workplace in the literal sense of the word, is not only illegal, but also ineffective. It is known that we often make the greatest achievements and successes at work precisely after a break (be it a vacation or a cup of tea by the window).

Therefore, it is important to choose for your company exactly the individual scheme that will work, to find a balance between working time, work and rest at each workplace.

High conversions to you!

Daria Khoromskaya,
Head of HR Department at LPgenerator