Breaks during one working day or shift. What is a technological break

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 giving their all to 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, smoking breaks during working hours are not allocated under the Labor Code, but they have the right to spend the provided break according to at will, including smoking breaks.

When applying for a job, many companies ask you to indicate bad habits in your application form, which includes 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 such a situation, the employee has lunch during any other free time, this rest is credited to him and is subject to payment.

The legislator has enshrined different options in regulations, and the head of the company can 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: when the manager only approves total time 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 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:

those 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 before their child reaches the age of 1 year and 6 months to start 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 allocate additional rest time; this is regarded as a direct violation of the labor legislation of the Russian Federation on the part of the employer.

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 could be workers long time those performing duties at the computer, as well as employees working 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:

dispatcher air aviation, he must interrupt his activity 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 Russian Federation;
subordinate regulations;
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. Proven 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.

Special

Let's take a closer look at the so-called special breaks, which are provided for by the Labor Code of the Russian Federation (Article 109).

This article states that the conditions for their provision may be related to the organization of the production process, the technology used in production, as well as special nature of work some categories of personnel.

In the Labor Code of the Russian Federation there are no concepts of “technological” and “technical” breaks as such. The first concept usually means a stop in work associated with technology specifics of one production or another, with organization of the labor process.

The second concept means a stop that is not related to technological features production. Its provision is conditional character and special conditions work performed(for example, the need to provide short-term technical breaks for heating and rest of personnel).

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

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.

Reasons for providing

Work breaks for certain groups of personnel are established based on the achieved bilateral agreement between the workforce and the employer.

They are regulated by internal local regulatory documents.

This is, first of all, Internal labor regulations. This document contains:

Attention! It should be distinguished special breaks for heating and rest of workers of certain categories from lunch and rest breaks for all categories of personnel, which are regulated by Article 108 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation. 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 meals, are established by the internal labor regulations.

Duration of stops, their frequency

As already noted, the time allocated for special breaks and their frequency are established on the basis of agreements reached between the administration and the staff of the enterprise.

These conditions may also be reflected in employment contract, concluded with the employee.

For example, due to the peculiarities of production and specific conditions of labor organization, provisions may be made several short stops 15 minutes for employee rest during the working day.

For certain categories of personnel of the Labor Code of the Russian Federation (Article 109) expressly obliges employer to set breaks.

For example, they are required to be provided in cases where employees work at low temperatures outdoors or indoors that are poorly heated (builders, installers), as well as at hard work(loaders).

Payment for this time

Work stoppage times are included in working hours and must be paid. During a special break, personnel, as a rule, do not leave their workplace.

Attention! It should be remembered that work stoppages can be organized for workers that do not limit their labor rights and do not worsen their situation compared to current legislation.

Responsibility for refusal to provide

Failure to fulfill obligations to organize a work and rest regime, refusal to provide breaks enshrined in the Labor Code of the Russian Federation refers to gross violations. Establishing such facts entails the imposition of both administrative, so material responsibility for persons who violated the law.

At the same time, the enterprise personnel can, but not obliged, use the time provided to him by the employer for a break for its intended purpose. Employee Responsibility there is no provision for this.

Resume

Understanding the reasonable provision of time for employees to stop (break) at work, including special ones (technological, technical), serves the basis for the correct organization of the work process in accordance with the labor legislation of the Russian Federation.

For personnel of a certain category management not only can, but is also obliged to provide breaks due to the organization of work, the specifics technological process, as well as the nature of the work performed.

The time allocated for them refers to paid working hours.

Staff are not required stop work for the time specifically provided to him by management for a break.

However, employees are not responsible for such actions.

The head of an enterprise or a private entrepreneur using hired labor bears full responsibility for non-compliance labor rights citizens, provided for by the legislation of the Russian Federation.

Certain types of work sometimes require preparation time to perform or complete. For example, a salesman, welder or doctor needs to put on overalls to start his working day, and a cashier needs to take off his cash register to end his working day. Sometimes quite a lot of time is spent on this, and a decent number of hours accumulate during the reporting period. What breaks should employees be given while working? If the working day begins, for example, at 8 am, do all preparations need to be done before this time or can it be done after? Is time to prepare for and complete work included in working hours? Do I need to pay for such time?

Working time and rest time

First, let's figure out what time is considered working time. In force Art. 91 Labor Code of the Russian Federation Working time means the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform work duties. Also, working time includes other periods that, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation, are classified as such (for example, a business trip, downtime not through the fault of the employee).

Start and end times of work according to Art. 100 Labor Code of the Russian Federation is established by internal labor regulations, which the employee is obliged to comply with by virtue of Art. 21 Labor Code of the Russian Federation.

As we can see, during working hours, the beginning and end of which are provided for by the internal regulations, the employee must fulfill his job duties established employment contract. This means that the employee does not have the right to use working time for any purpose other than work.

But in accordance with the provisions of Art. 106 of the Labor Code of the Russian Federation, an employee is entitled to time during which he is free from performing work duties and which he can use at his own discretion - rest time. Article 107 of the Labor Code of the Russian Federation The following types of such time are established:
- breaks during the working day (shift);
- daily (between shifts) rest;
- weekends (weekly uninterrupted rest);
- non-working holidays;
- vacations.

Let's consider breaks during the working day, since they are the ones that interest us.

Breaks during working hours that are not subject to pay
Labor legislation established various types breaks during the working day. The introduction of breaks will reduce employee fatigue and, accordingly, increase labor productivity. Some of these breaks, according to the 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 remove himself from the territory of the organization where he is working. One of these breaks is lunch.

Break for rest and food
According to Art. 108 Labor Code of the Russian Federation During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes. Such a break 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.

When determining the duration and frequency of breaks during working hours, you can use the Intersectoral Methodological Recommendations “Determination of Time Standards for Rest and Personal Needs,” approved by the USSR State Committee for Labor. 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 during working hours. The list of such work, as well as places for rest and meals, are established by the internal labor regulations.

Sleep break
This break is only for certain types works In particular, in accordance with the Regulations on the specifics of the working hours and rest periods of workers involved in air traffic control civil aviation when working on a night shift, the dispatcher 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 subject to payment.

Work breaks included in working hours and subject to payment
We noted above that not all breaks are included in working hours and are paid. In addition to the break for heating and rest, we will name other periods that can be included in working hours.

Baby feeding breaks
Such breaks are provided to working women who have children under the age of one and a half years, at least every three hours, lasting at least 30 minutes each ( Art. 258 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 feeding break is set at least one hour.

Feeding breaks, at the request of the employee, can be added to the break for rest and food or, in aggregate form, transferred both to the beginning and to 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.

Based on the Regulations on the Peculiarities of Working Hours and Rest Time for Workers Carrying Out Civil Aviation Air Traffic Control, the following time is included in the dispatcher’s working time:
- to perform technological duties, including the time of reception and transfer of duty;
- for professional and (or) technical studies (no more than 8 hours per month);
- for briefings, debriefings (no more than an hour per shift);
- pre-shift medical examinations (up to 5 minutes per shift per person);
- simulator training and testing theoretical knowledge according to standards approved in accordance with the established procedure;
- special breaks for rest;
- preparing flight directors or senior shift controllers for briefing (no more than 30 minutes per shift).

Special warm-up breaks
Except lunch break Art. 109 Labor Code of the Russian Federation provides for the provision of special breaks for heating and rest, determined by the technology and organization of production and labor:
- workers working in the cold season outdoors or in closed, unheated rooms;
- loaders engaged in loading and unloading operations;
- other employees if necessary.

To determine the frequency and timing of such breaks, employers may use Methodological recommendations“Work and rest regimes for workers in cold weather in open areas or in unheated rooms”

(MR 2.2.7.2129-06) .
The employer is obliged to provide equipment for heating and resting rooms for workers, in which the temperature must be maintained at a level of 21 - 250C. The room should be equipped with devices for heating hands and feet. You should start working in the cold no earlier than 10 minutes after eating hot food (tea, etc.).

Such a break is included in working hours and is subject to payment.

Time when an employee does not work, but the law classifies such time as working time
It also happens that an employee does not work, but according to labor legislation this time is considered working time and is subject to payment. For example, an employee performs jury duty or other state or public duties ( Art. 170 Labor Code of the Russian Federation). Thus, citizens participating in activities to ensure the fulfillment of military duty or admission to military service under the contract, during their participation in these events at the place of their permanent work, they are paid an average salary, they are reimbursed for expenses associated with hiring (subletting) housing and paying for travel to another area and back, as well as travel expenses ( clause 2 art. 5 Federal Law dated March 28, 1998 No. 53-FZ“On military duty and military service”).

Technology breaks
Sometimes the employer is obliged to establish breaks in work for individual categories workers and working conditions. Basically, such breaks are set for PC users. The regulations governing the provision of such breaks are:
- Standard instructions on labor protection when working on a personal computer ( TOI R-45 084 01) ;
- SanPiN 2.2.2/2.4.1340-03, approved Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 No. 118.

If an organization has introduced an eight-hour working day, then breaks need to be set:
- for work with a load level per work shift of up to 20,000 characters - 2 hours from 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 - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 15 minutes each or longer
10 minutes every hour of operation;
- for work with a load level of up to 60,000 characters - 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 every hour of work.

With a 12-hour work shift, regulated breaks should be set in the first 8 hours of work, similar to breaks during an eight-hour work shift, and during the last 4 hours of work (regardless of the category and type of work) - every hour lasting 15 minutes.

The time of such breaks is included in working hours and is subject to payment.

Other breaks included in working hours
For some categories of employees, regulations establish other breaks during the working day, which the employer is obliged to provide and include them in working hours. In particular, in accordance with the Regulations on the Peculiarities of Working Time and Rest Time for Drivers, in addition to driving time itself, the following breaks are included in working hours:

Time for special breaks to rest from driving on the way and at final destinations;

Parking time at cargo loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;

Time for carrying out work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;

The time a driver is present at the workplace when he is not driving a car when sending two drivers on a trip (counts at least 50%).
For employees in certain industries, the employer is obliged to provide other breaks during the working day and pay for them, for example:

Workers performing fire-retardant coatings should be given ten-minute breaks every hour of work; technological operations for preparing and applying solutions should be alternated during the working week ( clause 21.3 SanPiN « Hygienic requirements to the organization of construction production and construction work" (put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));

When working to organize freight transportation on railway transport, which is carried out in gas masks and respirators, workers are periodically given a technological break (at least 15 minutes) with the removal of the gas mask or respirator in a place free from dust or emissions harmful substances (clause 3.5.6 SP 2.5.1250-03 put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated April 4, 2003 No. 32).

Time to prepare for work
The question that concerns most personnel officers is whether it is necessary to include in the working time the time that an employee spends preparing to perform job duties (for example, the time for workers to put on overalls, turn on equipment, machines and mechanisms, for salespeople to wipe dust from counters and fulfilled other duties)?

The time to prepare for work is not specified 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, is not classified by the Labor Code as either working time or rest time.

However, in practice, the time for preparing the workplace, turning on machines and equipment, receiving work orders, receiving and preparing materials, tools, preparing and cleaning the workplace is included in the working hours. At the same time, taking into account the fact that Art. 91 Labor Code of the Russian Federation gives the employer and employee the right to determine the principles of regulation of working time themselves; issues of including the above time periods in working time must be resolved by them independently by agreement. When making a decision, it is necessary to understand whether the actions that the employee must perform are an integral part of his work function. If, without certain actions that the employee must perform before starting work, he will not be able to perform job responsibilities, the time spent on their implementation must be included in the working hours and must be paid.

The decision made is enshrined in a local regulatory act (usually such an act is internal labor regulations).

For certain categories of personnel, preparatory activities are included in working hours by regulations. In particular, on the basis of the Regulations on the peculiarities of the working time and rest time of car drivers, the driver’s working time includes preparatory and final time for performing work before going to the line and after returning from the line to the organization, and for intercity transportation - for performing work at the point turn or on the way (at a parking place) before the start and after the end of the shift, as well as the time of the driver’s medical examination before leaving the line and after returning from the line.

In this case, the composition and duration of the preparatory and final work included in the preparatory and final time, and the duration of the driver’s medical examination are established by the employer, taking into account the opinion of the representative body of the organization’s employees (if there is one).

This time is subject to payment.
Will the time spent before and after work on preparatory and final activities be considered overtime?

Suppose an employee has a working day that begins at 9 am. Accordingly, at exactly 9:00 a.m. he must begin his work duties. Changing clothes (changing shoes), breakfast at the workplace, reading news sites, etc. must be done by the employee before the start of the working day, that is, before 9 o’clock. Some personnel officers believe that such an employee coming to work before the start time constitutes overtime and this must be paid as overtime. Nothing of the kind. 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 based on Art. 99 Labor Code of the Russian Federation overtime work is 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 cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

In addition, involving an employee in overtime work produced only with written consent employee, and if changing clothes and other personal matters were such work, the employer would need to follow the procedure for inviting overtime work every time.

In conclusion
So, during working hours, the beginning and end of which are established in the internal regulations, the employee must engage in his direct labor responsibilities as provided for in the employment contract. He can engage in 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).

Please note that for using working time for personal purposes, the employer has the right to involve the employee in disciplinary liability By Art. 192 Labor Code of the Russian Federation- make a reprimand, 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, current labor legislation does not provide for this type of disciplinary action as a fine.

Man is not a machine; he is not able to work without breaks. He needs to eat, drink tea, and stretch.

How often can you be distracted from your duties without risking a severe reprimand? Who is entitled to additional breaks in the daily routine?

Rest at work according to the Labor Code of the Russian Federation

In Russia, regulated breaks are defined by fairly transparent standards. All rest periods provided for by law are logically divided into two types - unpaid and paid.

Unpaid breaks

Paid breaks

Sometimes production conditions They do not allow employees to go out for lunch at standard times. In such circumstances, the following are approved, included in working hours and paid breaks provided for by the Labor Code of the Russian Federation:

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.

Workers mothers of small children(under the age of one and a half years) have the right to leave several times a day to feed the child. Breaks must be provided to them at least every 3 hours, lasting at least 30 minutes each. If there are two or more children, the duration of the break should be at least one hour.

Technological breaks are paid. Their duration directly depends on the nature of the work. Let’s say that when constantly interacting with video display terminals, a specialist should be distracted from the screen for 10 minutes every 45-60 minutes of work. Free ten minutes are needed to restore concentration.

Tea breaks, customary in most offices, labor legislation not recorded. As a rule, workers make tea as much as their conscience allows.

Is the break included in working hours? It seems like a simple question, but it is impossible to give a clear answer to it. The concept of a break in general, and a lunch break in particular, depends on the duration, the category of work functions performed, the intensity of workload and much more.

According to Article 37 of the Constitution of the Russian Federation, a citizen has the right to rest. And articles 106, 107 and 108 of the Labor Code of the Russian Federation determine the rest time for working citizens during the labor process.

According to the Labor Code, a break during working hours should be:

during the work shift for rest and eating;
between working days (inter-shift);
weekly days off;
annual leave;
rest on holidays, in accordance with the Decrees of the Government of the Russian Federation.

Let's focus on one type of breaks - during the working day (shift).

General break for rest and eating (lunch)

A general break from work involves stopping work for a certain period of time to rest and eat. For convenience, it is called lunch. The duration of this period ranges from 30 minutes to 2 hours. Its more precise duration is determined by the internal labor regulations of the enterprise and the labor agreement.

According to established standards, a break for rest and eating should begin no later than 4 hours from the start of the working day. During a long work shift, there may be several breaks.

During the rest period, the employee is not required to be at the workplace. During this time, he can engage in any activities at his discretion that are not related to his professional activities.

Is the lunch break included in working hours? Rest and lunch time is not included in working hours and, accordingly, is not paid.

Special breaks according to the labor code

According to the Labor Code, during the labor process for a number of categories of specialists, there are special breaks required by law. These include:

continuous production process workers;
production employees with specific technology;
workers with special labor organization;
some categories of employees engaged in heavy work and work in low temperatures.

Paid or not this type break, the employer decides together with the employee, representatives of the workforce and members of the trade union during the preparation of internal regulations at the enterprise and signing labor agreement. IN Labor Code There are no exact instructions from the Russian Federation on this matter.

The meal time for continuous production workers is considered special, lasts up to half an hour and is paid as normal working time. An employee leaves his workplace for lunch in a room equipped by the employer for this purpose. The duration of a special lunch break for continuous production employees and the period for which it is provided is determined by internal agreements based on labor law.

There are a number of industries whose employees are entitled to additional special rest time due to the specific nature of the technological process. This is due to various factors that adversely affect the health of performers. These categories include workers in the tobacco, alcohol, starch and syrup industries, employees involved in the production of baker's yeast and those performing fire-retardant coatings.

The duration and frequency of special breaks for this category of workers are established by the internal labor regulations of the enterprise, based on the provisions adopted by law.

Whether or not to include this rest in the labor process during working hours and how to pay for it is decided individually at each enterprise. But, as a rule, this type of rest is included in working hours and is paid in the usual way.

Break for workers with special work organization

This category includes employees engaged in this type of work activity, the continuous performance of which leads to fatigue of the performer and is fraught with serious consequences, including accidents or serious health problems.

These categories include airline dispatchers, drivers vehicles, professional users of computer equipment, workers involved in the transportation of special cargo by rail and carrying out the labor process in gas masks or respirators.

Special breaks provided to these performers during a work shift are not included in working hours and are not paid unless there is a corresponding internal agreement. Establishing the duration and frequency of this type of rest is based on legal acts and is reflected in the internal work schedule.

Employees performing heavy work physical labor associated with loading and unloading activities, a break from work is required for rest. How often it is provided and its duration depend on the severity and intensity of the load.

Workers working in climate conditions with low temperatures, whether working outdoors or in an enclosed space that does not have a heating system, in addition to the general heating system, are entitled to breaks from work in order to warm up.

The responsibility for organizing appropriate conditions falls on the management of the enterprise. The duration of the special break depends on climatic conditions and existing loads.

The inclusion of this period in working hours and its payment depend on the agreements between the employee and his employer. Current practice shows that this agreement is drawn up in favor of the employee, i.e. is included in the total working time and payment is made for it.

Paid special break

Women who have one or more young children under the age of one and a half years are entitled by law to a break from work. This time paid according to average shift earnings and included in the working period. The duration of this break is determined - at least 30 minutes if there is one young child and at least 1 hour if there are two or more children.

The frequency of providing this type of termination of the labor process is every 3 hours. During this break, the employee leaves her workplace to feed the child, regardless of what kind of feeding the baby is on.

At the request of the employee, the break time can be combined with a lunch break or shifted to the beginning or end of the work shift. The wishes of the employer in this case are not taken into account.

This paid type of vacation applies not only to the mother, but also to the one who replaces her due to the circumstances: guardian, single father, etc.

Providing time for rest and meals, as well as for parental responsibilities, is enshrined in law and does not depend on the wishes of management or the situation at work.