home › Decor › In what cases are employees provided with special breaks for heating and rest, which are included in working hours. Breaks during the working day. Nursing breaks

In what cases are employees provided with special breaks for heating and rest, which are included in working hours. Breaks during the working day. Nursing breaks

On the certain types work provides for the provision of employees during working hours with special breaks due to technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks 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 in necessary cases provided special breaks for heating and recreation, which are included in working time. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

Commentary on Article 109 of the Labor Code of the Russian Federation

1. If it is impossible for an employee to perform work due to low temperature or strong wind, the employer may temporarily transfer him to another job in a warm room (Article 74 of the Labor Code). At the same time, the employee cannot be transferred to work that is contraindicated for him for health reasons.

If the employee cannot be provided with another job, then the temporary suspension of work is considered as downtime through no fault of the employee, which the employer must pay in the amount specified in Art. 157 TK.

2. In addition to a lunch break during a work shift (day), employees may be provided with short-term breaks for personal needs, which are included in working hours by taking them into account when establishing labor standards, as well as special breaks provided for labor protection for certain categories of workers.

3. In accordance with paragraph 9 of the Regulations on the peculiarities of the regime of working hours and rest time for employees who control the air traffic of civil aviation Russian Federation(Order of the Ministry of Transport of Russia dated January 30, 2004 N 10), when working on a night shift, an air traffic controller must be given an additional break of 1 hour with the right to sleep in a specially equipped room.

These breaks are not included in working hours. The time for providing breaks and their specific duration are established by the internal labor regulations of the organization.

On the intercity transportation after the first 3 hours of continuous driving, the driver is given a special break from driving on the road for at least 15 minutes, then breaks of this duration are provided no more than every 2 hours. In the event that the time for providing a special break coincides with the time providing a break for rest and meals, a special break is not provided.

The frequency of breaks in driving for a short rest of the driver and their duration are indicated in the task for the time for driving and parking the car (clause 19 of the Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 "On Approval of the Regulations on the Features of the Mode of Working Time and Rest Time for Drivers cars").

4. Guidelines MP 2.2.7.2129-06 "Modes of work and rest working in cold weather in an open area or in unheated premises" approved. Federal Service for Supervision of Consumer Rights Protection and Human Welfare, Chief State Sanitary Doctor of the Russian Federation September 19, 2006

Paid breaks during working hours
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 accumulate over the reporting period. 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 conditions, 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, 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, an 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 (inter-shift) 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
The labor law has established different kinds breaks during the working day. The introduction of breaks will reduce the fatigue of employees 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 provided with 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 Methodological Recommendations "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 nutrition, 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 working hours and rest periods of employees engaged in civil aviation air traffic control, when working on the 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:
- to perform technological duties, including the time of transfer and acceptance 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 established order;
- special breaks for rest;
- preparation of flights 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 "Work and rest regimes 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, during the time of participation in these events at the place of their permanent job paid average earnings, they are reimbursed for the expenses associated with renting (sub-renting) housing and paying for travel to another locality and back, as well as travel expenses ( 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 required to establish work breaks for certain categories workers and working conditions. Basically, such breaks are set for PC users. The regulations governing the granting of such breaks are:
- Typical 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 RF 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 a duration of
10 minutes every 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 set in the first 8 hours of work similar to breaks for 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 workers regulations other breaks during the working day are established, which the employer is obliged to provide and include them in working hours. In particular, in accordance with the Regulations on the peculiarities of the regime of working hours and rest time for drivers, in addition to the driving time itself, the following breaks are included in working hours:
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 spent at the driver's workplace when he is not driving a 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 construction industry and construction works» (put into effect Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));
When working on an organization freight traffic on the 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 the majority is whether it is necessary to include in the working time that the employee spends 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 perform other responsibilities)?
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, machines and other activities necessary to start work, as well as at its completion, 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 of regulation of working hours, the inclusion of 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 labor function. If, without certain actions that an employee must complete before starting work, he will not be able to perform official duties, the time spent on their implementation should be included in the working time and subject to payment.
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 (at the parking lot) before the start and after the end of the shift, as well as the time of the medical examination 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 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 websites, 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 at work before the start time forms processing and this 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 time - 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 affairs 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 job responsibilities 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 has the right to bring the employee to disciplinary action for the use of working time for personal purposes. Art. 192 Labor Code of the Russian Federation- make a remark, announce a reprimand 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 law does not provide for such a type of disciplinary sanction as a fine.

Everyone knows about the lunch break. However, there are many other types of breaks during work that workers sometimes do not know about - and in vain. With possibilities legal break from work worth looking into in more detail.

Main types

Experts divide breaks into several large groups:

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

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

To special includes breaks for certain areas labor activity or for certain categories of workers, for example, for workers in the tobacco industry, for PC users, or for women with young children to feed them.

If we talk about mandatory and recommended, then the former include breaks, the provision of which is the responsibility of any employer, and the latter include breaks, the need for which in each organization is determined in its own way and formalized by local regulations.

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

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

Establishment

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

In an employment contract, a break can be stipulated if for a particular employee it differs from the general one for the organization: for example, it can be written there conditions for granting breaks sales agents, merchandisers, other employees with "field" working conditions, who are not able 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 during work daily (every shift) break for rest and meals lasting at least half an hour and not more than two hours. The duration of the break within this period is fixed internal document organizations, most often it is the PVTR.

Labor Code of the Russian Federation. Article 108. Breaks for rest and meals

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

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.

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.

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

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

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

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

For example, the Ministry of Transport of the Russian Federation has established drivers' 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 given two breaks from half an hour to two hours for food and rest, and controllers operating aircraft on the night shift are given an additional hour of rest . These breaks are not included in billable time.

Raises questions about the need to provide a break for food and rest for people working at the same time or . But in the Labor Code of the Russian Federation there are no reservations and comments on this matter, which means that the obligation to provide such a break lies with the employer in any case, he can simply take the established minimum – 30 minutes.

If the part-time employee agrees, then you can define part of the working day, during which he can 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 it starts, the employee himself decides and agrees with the head of the unit.

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

If the employee, at his own discretion, decides to use the 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

The regulatory legal acts do not fix the obligation of the employer to provide short breaks for psychological unloading, a cup of coffee, smoking, going to the toilet.

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

The most philanthropic 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 terms of provision are established in the collective agreement and the PWTR.

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

A computer worker can break for 10-15 minutes after each hour of work and in total, take from 50 minutes to an hour and a half for this in a day. As a rule, at the discretion of the employer, these breaks are included in paid time.

Technical breaks may be granted to employees performing monotonous work on the mass production at the conveyor.

Such breaks are air traffic controllers working at a video display console: they must stop work for 20 minutes after each two-hour work interval, and drivers, carrying out long-distance transportation: after three hours from the start of the trip, they must interrupt 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 Labor Protection Rules for employees 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 bakery 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
For certain types of work, employees are provided with special breaks during working hours due to the technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks 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 breaks for heating and rest, which are included in working hours. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

Application fire retardant coating requires the provision of a technical break for 10 minutes to employees 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 transport of goods railway using gas masks and respirators from time to time, at least a 15-minute technical break is given, 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).

Special breaks up to 15 minutes are provided to employees of the authorities cadastral registration who are required to conduct accept and advise applicants.

And also the workers postal branches.

working in the bodies penitentiary system an additional break of one to four hours may also be granted if they work the night shift for more than 12 hours.

Working in cold and hot

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

These breaks must be taken by employees specially equipped the employer's premises where you can take off your outer warm clothes and keep warm.

Wherein must be respected some conditions:

temperature in special rooms should not be below 21 °C;
to warm your hands and feet, you need heaters with temperature from 35 to 40 °C;
during these breaks, do 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 the lunch break, employees must be provided with hot food, after which a 10-minute interval must pass before going out into the cold.

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

The absence of breaks for heating and specially equipped heated rooms are for the employee legal basis stop work 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 the mode of work and rest in the heat, which regulate the duration of continuous operation at high air temperature and the time spent in a comfortable microclimate to restore the thermal balance in the body. The main documents in this case are SanPiN 2.2.4.548–96 and Methodological recommendations 2.2.8.0017-10.

If the air temperature rises to 26-28 degrees, the total duration of not too hard work should be no more than 5 hours, and hard work - no more than two and a half. After working lightly for about 40 minutes, the worker may stop and spend 15-20 minutes indoors at 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 the normal state for a longer time than 20 minutes.

For baby feeding

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

On a standard eight-hour workday, a worker is entitled to two such breaks. She can apply to join them lunch break or transfer to the beginning or end of the day.

Feeding breaks included in business hours, payment for them is charged in the amount of average earnings, taking into account the UST, pension contributions, personal income tax and contributions to compulsory insurance from 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 a break for rest and food, 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 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 nutrition, 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).

Breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.

If working time is divided into parts

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

In such cases, due to the specific nature of the work, the working day falls 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 length of the working day.

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

Labor Code of the Russian Federation. Article 149
When performing work under conditions that deviate from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, on weekends and non-working holidays, and when performing work in other conditions that deviate from normal), the employee is subjected to appropriate payments provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, labor contract. The amounts of payments established by the collective agreement, agreements, local regulations, labor contract cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms.

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

If it lasts longer

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

This is regarded as being late for which the organization is usually subject to disciplinary action.

Being late for more than 4 hours without a good reason can turn around.

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

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

Upon learning of being late from the break, the manager has the right to bring the violator to disciplinary responsibility within a month, but not 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.

Summary

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

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

Employers - "recidivists", repeatedly ignoring the need for legal breaks for their employees, may be disqualified for a minimum of one year and a maximum of three years.

New edition Art. 109 of the Labor Code of the Russian Federation

For certain types of work, employees are provided with special breaks during working hours due to the technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations.

Commentary on Article 109 of the Labor Code of the Russian Federation

The internal labor regulations also establish special short-term breaks included in working hours (Article 109 of the Labor Code of the Russian Federation).

For certain types of work, employees are provided with special breaks during working hours due to the technology and organization of production and labor.

Inter-shift breaks also include breaks for feeding a child up to 1.5 years old every three astronomical hours. They are included in working hours and are paid according to average earnings. Their duration is at least 30 minutes for one child, and in the presence of two or more children under 1.5 years old - at least an hour. At the request of the mother and in agreement with the administration, these breaks can be combined and referred to the end or beginning of the working day or attached to the lunch break. These breaks are provided in accordance with Article 264 of the Labor Code of the Russian Federation and to persons raising children without a mother (single father, guardian, trustee). These persons are provided with all other benefits provided for mothers (restriction of business trips, overtime work, parental leave, etc.).

Another commentary on Art. 109 of the Labor Code of the Russian Federation

1. Article 109 of the Labor Code of the Russian Federation establishes two types of special breaks: breaks due to technology and organization of production and labor, and breaks for heating and rest, established for workers working in the cold season in the open air or in unheated premises, for loaders engaged in loading unloading work, and, if necessary, other workers.

2. Types of work for which special breaks are provided due to technology and organization of production and labor, their duration and the procedure for providing them are established by the internal labor regulations. The procedure for regulating special breaks provided to employees in conditions of low ambient temperature, loaders and other employees is not defined by law.

3. In both cases, the legal regime of special breaks is the same: all breaks granted to employees in accordance with Art. 109 of the Labor Code are included in working hours, and the employer is obliged to create conditions for rest and heating of employees during such breaks. The obligation of the employer to establish rest breaks included in working hours, in cases provided for by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, referred by the Labor Code to additional guarantees of labor protection (see article 224 of the Labor Code of the Russian Federation and commentary thereto).

4. Special breaks for rest are established by the Regulations on the peculiarities of the regime of working hours and rest time for car drivers, approved by Order of the Ministry of Transport of the Russian Federation of August 20, 2004 N 15. On intercity transportation, after the first three hours of continuous driving, the driver is provided with a special break to rest from driving a car on the road lasting at least 15 minutes, further breaks of such duration are provided for no more than every three hours. The time of special breaks for rest from driving on the way and at the final points is included in working hours.

Special breaks for rest, included in working hours, are provided for by the Regulations on the peculiarities of the working hours of employees engaged in civil aviation air traffic control, approved by Order of the Ministry of Transport of the Russian Federation dated January 30, 2004 N 10.

1. Article 109 of the Labor Code of the Russian Federation provides for the provision of special breaks for employees to warm up and rest. In contrast to the breaks for rest and meals provided for in Art. 108 of the Labor Code of the Russian Federation, they are provided during working hours, included in working hours and paid.

2. Special breaks in accordance with the commented article are provided:

a) if the need for such breaks in certain types of work is due to production technology or the organization of production and labor. The types of such work, the duration and procedure for granting breaks in these cases are determined by the internal labor regulations. For individual workers in some industries, special breaks for heating and rest are provided for in the relevant regulatory legal acts. For example, clause 11 of the Regulations on the peculiarities of the regime of working hours and rest time for employees who control the air traffic of civil aviation of the Russian Federation (approved by Order of the Ministry of Transport of Russia dated January 30, 2004 N 10 // BNA RF. 2004. N 11), established that the controller directly in charge of air traffic (air traffic controller) at the control console equipped with a video display terminal, after 2 hours of continuous work, is given a special break of at least 20 minutes. In addition, if the air traffic intensity is more than acceptable, determined in the prescribed manner, the air traffic controller is given an additional special break of 10 minutes after each hour of work. In the event that the time of the special break coincides with the time of the break for rest and meals, no special break is granted.

In accordance with clause 19 of the Regulations on the peculiarities of the regime of working hours and rest time for car drivers (approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 // BNA RF. 2004. N 45) on intercity transportation after the first 3 hours of continuous control by car, the driver is given a special break to rest from driving on the road for at least 15 minutes; in the future, breaks of such duration are provided for no more than every 2 hours;

b) if the work is carried out in the cold season in the open air or in closed unheated premises (for example, at the construction of an object in winter, at the construction and repair of roads, etc.);
c) in the course of loading and unloading operations and in other necessary cases.

In these cases, the employer is obliged to equip premises for rest and heating of employees (see comments to Articles 223, 224).

Popular in category: