Breaks for rest and meals are special breaks. Duration of special breaks for heating and rest for employees working in the open air or in closed unheated premises during the cold season? provision of special equipment

The peculiarity of this type of rest time is that the employee is provided with rest during his working hours, and in cases expressly provided for by labor legislation, some breaks are included in work time and are paid accordingly. Breaks during the working day (shift) are mainly devoted to Art. 108 and Art. 109 of the Labor Code of the Russian Federation.

These articles provide for two groups of breaks during the working day (shift):

1. break for rest and food;

2. special breaks for warmth and relaxation.

In accordance with Part 1 of Art. 108 of the Labor Code of the Russian Federation, during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and no less than 30 minutes. A break for rest and meals is not included in working hours.

The time of granting a break for rest and meals and its specific duration are established by the rules of the internal work schedule or by agreement between the employee and the employer (part 2 of article 108 of the Labor Code of the Russian Federation).

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 (part 3 of article 108 of the Labor Code of the Russian Federation).

In addition to a break for rest and meals, some categories of workers on certain types work provides for the provision of additional breaks, which are included in working hours. These breaks are due to technology and organization of production and labor. The types of work, the duration and procedure for providing these breaks are established by the internal labor regulations of the organization (part 1 of article 109 of the Labor Code of the Russian Federation).

In particular, labor legislation provides for the obligation to provide the following breaks, which are included in working hours:

(1) Special breaks for heating and rest (part 2 of article 109 of the Labor Code of the Russian Federation). These breaks are provided to employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

(2) Breaks for feeding the child (children) (Article 258 of the Labor Code of the Russian Federation). These breaks, in accordance with Part 1 of Art. 258 of the Labor Code of the Russian Federation, are provided to working women with children under the age of one and a half years, in addition to a break for rest and food at least every three hours for 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.

This article also provides for the possibility, at the request of a woman, to add breaks for feeding a child (children) to a break for rest and food, or in a summarized form to transfer these breaks both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her) .

In accordance with Part 3 of Art. 258 of the Labor Code of the Russian Federation, breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.

It should be borne in mind that women with children under the age of one and a half years, if it is impossible to perform their previous work (including if it is impossible to provide them with breaks to feed the child (children)), they are transferred in accordance with Part 4 of Art. 254 of the Labor Code of the Russian Federation upon their application for another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.

Breaks during the working day (shifts)

In part 1 of Art. 108 of the Labor Code of the Russian Federation states that during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes, which is not included in working hours. Consequently, the employee has the right to be released from work during the working day (shift) lasting from thirty minutes to two hours.

The employee can use this time at his discretion. In turn, the employer has an obligation corresponding to this right to provide the employee with a daily break of the specified duration.

The employer is not entitled to establish the considered break of more than two hours, since the establishment of such a break means dividing the working day into parts.

Whereas the regime of dividing the working day into parts is introduced in a different order than providing the employee with a break for rest and food during the working day (shift).

In accordance with Part 2 of Art. 108 of the Labor Code of the Russian Federation, the time for providing a break for rest and eating during the working day (shift) and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer. As a rule, a break for rest and eating is provided after four hours of work.

The duration of this break depends on the opportunity for the employees of the organization to eat. The presence in the organization of specially equipped places for eating allows the employer to set the duration of such a break from 30 to 45 minutes.

For the convenience of workers, breaks for rest and meals may be provided to them at different times so that they do not waste their time off from work in the queue for food. To achieve this goal, a break for rest and eating can be established for employees structural divisions organizations at different times.

Establishing a break of 45 minutes during the working day (shift) allows you to reduce work on the last working day with a five-day working week by 1 hour. 15 minutes (15 minutes x 5 days).

The time for providing a break for rest and eating during the working day (shift) and its specific duration can be determined by agreement between the employer and the employee, in particular by including an appropriate condition in the employment contract.

This agreement must be in writing. The absence of written evidence of its conclusion deprives the parties of the employment contract of the right to refer to witness testimony to confirm its terms.

The absence in the internal labor regulations of the organization, the employment contract, the annex to it of the condition for granting a break during the working day (shift) allows the employee to independently use this break, since its provision does not depend on the discretion of the employer.

In this case, the employee's actions should be recognized as legal if the duration of this break did not exceed two hours, that is, the duration established by law.

However, the legislation provides for cases when the employer has the right not to provide employees with this break. In part 3 of Art. 108 of the Labor Code of the Russian Federation states that at work where, according to the conditions of production (work), it is impossible to provide a break for rest and eating, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours.

In this case, the employer, as a rule, organizes meals for employees at the workplace. The duration of rest and meals in such a situation lasts no more than thirty minutes, since the use of 30 minutes means providing a break for rest and meals.

The list of jobs where it is impossible to provide a break for rest and food, as well as a place for rest and eating by employees employed in these works are established by the internal labor regulations. Providing the employer with rest and meals during working hours improves the position of employees, since a break of up to 30 minutes provided for this purpose is payable, since it is included in working hours.

In cases where the employer fails to fulfill the obligation to provide meals to employees during working hours, they have the right to take advantage of a break for rest and eating for up to two hours. But this break can be included in working hours only by agreement with the employer.

The absence of such an agreement means the extension of working time by the time spent by the employee on the specified break.

As already noted, this break in accordance with the law is not subject to payment. However, the employer may own funds pay employees for such breaks. In such a situation, the position of employees in comparison with the legislation is improving, and, therefore, the actions of the employer are legal and justified.

In part 1 of Art. 109 of the Labor Code of the Russian Federation provides for the provision of employees engaged in certain types of work 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 providing these breaks are determined by the internal labor regulations of the organization. Such breaks should be established for all types of work, since the employee is not able to work without rest throughout the working day.

In addition, there are types of work that, according to labor protection rules, require breaks during the working day (shift), for example, work on a computer. These breaks are short-term, that is, their duration lasts up to 30 minutes, they are included in working hours, which implies their payment.

In part 2 of Art. 108 of the Labor Code of the Russian Federation states that workers 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 workers, if necessary, are provided with special breaks for heating and rest, which are included in working hours.

Therefore, these breaks are subject to payment. The employer is obliged to provide the equipment of premises for heating and rest of employees performing their labor function in cold conditions. Employees who work in cold weather in unheated premises or outdoors, as well as loaders, have the right to short-term breaks during the working day (shift), which are included in working hours.

The absence in the local acts of the organization, the employment contract, the appendix to it of the condition for granting short-term breaks to the listed employees allows them to independently use such breaks, since their provision does not depend on the discretion of the employer.

In accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, the employer is obliged to provide the named breaks, providing heated premises for their use. In this connection, the actions of the employee to use these breaks should be recognized as legal if their duration does not exceed 30 minutes.

The use of a break lasting more than 30 minutes makes it possible to recognize such a break as a rest period provided for rest and meals. This period of time may be included in working hours only by agreement with the employer. The absence of such an agreement is the basis for extending the working day (shift) for the duration of the specified break.

The employer has the right to establish at his own expense other breaks during the working day (shift) in compliance with the rule on the inadmissibility of worsening the position of the employee in comparison with the law. One of the conditions for improving the position of employees in comparison with the legislation is the inclusion of these breaks in the working hours of employees, which entails their payment.

current labor law along with leisure activities such as holidays, weekends and holidays, rest between the shifts named in Art. 107 of the Labor Code of the Russian Federation, provides for the obligation of the employer to provide employees with breaks during the working day (shift), the types and procedure for providing which may vary depending on the type of activity of the organization. For some categories of workers, breaks during the working day may be established by special rules. regulations, as well as internal documents of the employer. In any case, the introduction of regulated breaks is necessary to reduce the fatigue of workers, increase their efficiency and, as a result, increase labor productivity.

What breaks should be provided to employees during the working day? Which of them must the employer pay? What are the consequences of not granting breaks? These and other questions will be considered in this article.

Rest and break for meals

By virtue of Art. 106 of the Labor Code of the Russian Federation, rest time is understood as the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. That is, during the working day, the employee can be engaged in affairs not related to work, and leave for this time from the workplace outside the territory of the organization.

The Labor Code provides for three types of breaks during the working day:

- for rest and food (Article 108);

- for heating and recreation (Article 109);

- for feeding a child (art. 258).

The time for providing breaks and their specific duration is determined by the employer in the internal labor regulations. Or an agreement can be concluded between the employee and the employer, taking into account the norms of the Labor Code of the Russian Federation or other regulatory legal acts (guidelines, provisions) for certain categories of employees, if any.

So, according to Art. 108 of the Labor Code of the Russian Federation during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes, which is not included in working hours. It is usually called a lunch break, and is not included in working hours and, accordingly, is not paid, therefore, during this time, the employee can leave the workplace without prior notice to the employer.

A break for rest and meals is usually provided four hours after the start of work. Such breaks are mandatory for all organizations, regardless of ownership. And in those organizations where, according 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 of the organization (parts 2 and 3 of article 108 of the Labor Code of the Russian Federation).

Note!If the duration of the work shift is more than eight hours, then the employee may be given two or more breaks. If the shift does not exceed four hours, then taking into account the opinion of employees, breaks for rest and meals may not be provided. However, this should be fixed either in a collective agreement or in a special document agreed upon by the employer and employees.

For certain categories of workers and industries, the legislator has established certain types of breaks, their duration, procedure and place of provision. At the same time, they can be established both in a recommendatory and mandatory order. For example, by virtue of the Regulations on the peculiarities of the regime of working hours and rest time for car drivers, drivers are given a break for rest and food lasting no more than two hours, as a rule, in the middle of a work shift. At scheduled shift duration daily work(shifts) of more than 8 hours, the driver may be provided with two breaks for rest and meals with a total duration of not more than 2 hours and not less than 30 minutes. The time for providing a break for rest and food and its specific duration (the total duration of breaks) are established by the employer, taking into account the opinion of the representative body of employees or by agreement between the employee and the employer.

And the mode of working time and rest time of pedagogical and other employees of educational institutions is determined in accordance with the Regulation on the features of the mode of working time and rest time of pedagogical and other employees of educational institutions, taking into account the mode of activity educational institution(round-the-clock stay of students, pupils, their stay for a certain time, season, shift training sessions and other features of the work of an educational institution) and is established by the internal labor regulations of the educational institution, work schedules, a collective agreement developed in accordance with the Labor Code of the Russian Federation, federal laws and other regulatory legal acts.

At the same time, for teaching staff who perform their duties continuously during the working day, a break for eating is not established, but it is possible to eat at the same time with students, pupils or separately in a room specially designated for this purpose.

Thus, when developing local regulatory legal acts regulating breaks during the working day (shift), the employer must take into account the provisions of the Labor Code of the Russian Federation and guidelines issued at the federal and regional levels.

Recall that when hiring, before signing an employment contract, the employer is obliged to familiarize the employee against signature with the internal labor regulations and other local regulatory legal acts directly related to labor activity (part 3 of article 68 of the Labor Code of the Russian Federation). At the same time, if the mode of working time and rest time of a certain employee differs from general rules operating with the employer, such information must be entered directly into the employment contract (Article 57 of the Labor Code of the Russian Federation).

Special breaks

For certain types of work, due to technology and organization of production and labor, it is provided for the provision of special breaks to employees during working hours (part 1 of article 109 of the Labor Code of the Russian Federation). The reasons for establishing such breaks are the psychological stress and physical fatigue of the employee during the performance of his duties. Such breaks can be called technological breaks, for example, for workers using computers, or breaks for psychological unloading, tea drinking, etc.

Note.Basic rules governing General requirements to the organization of the working regime with personal computers, are provided for in the Standard Instructions for Labor Protection when working on personal computer(TOI R-45-084-01), approved by the Order of the Ministry of Communications of the Russian Federation of 02.07.2001 N 162, and SanPiN 2.2.2./2.41340-03.

The establishment of such breaks is necessary to preserve, first of all, the health of workers, to prevent the negative impact of various equipment, as well as to maintain normal production process. In addition, the presence of special breaks for rest may be subject to inspections by regulatory authorities: labor inspectorate, sanitary and epidemiological service, etc.

It should be noted that the types of work, the performance of which is accompanied by increased loads, as well as the duration and procedure for granting special breaks in such work, are established by the internal labor regulations.

To the special breaks established by Art. 109 of the Labor Code of the Russian Federation also includes breaks for heating:

- working in the cold season in the open air or in closed unheated rooms;

- loaders engaged in loading and unloading operations;

- Other employees as needed.

At the same time, the employer is obliged to provide equipment for heating and resting rooms for employees.

Employers whose employees are employed during the cold season in an open area or in an unheated room should be guided by methodological recommendations“Regimes of work and rest for workers in cold weather in an open area or in unheated premises” (MR 2.2.7.2129-06), approved by the Chief State Sanitary Doctor of the Russian Federation on September 19, 2006. These Recommendations establish hygienic requirements for the mode of work during the cold season in an open area or in an unheated room. The development of requirements for the mode of operation is based on the criteria for the permissible degree of cooling of a person dressed in a set of means personal protection from the cold, and information about the rate of normalization of the thermal state of a person in a heated room. The duration of a one-time stay per work shift in an open area during the cold season in various climatic regions, as well as the duration of continuous stay in the cold and the number of 10-minute breaks for heating (for a 4-hour period of a work shift) in relation to the performance of work of various categories in conditions employers can determine different climatic regions according to tables 2-13 given in the Recommendations.

As for the obligation of the employer to equip premises for heating, paragraph 5.8 of the Recommendations establishes that in places of heating the temperature should be maintained at the level of 21-25 ° C, and the room should be equipped with devices for heating hands and feet, the temperature of which should be in the range of 35-40 °C. Also, in order to more quickly normalize the thermal state of the body and lower the rate of cooling in the subsequent period of stay in the cold, workers in the heating room should take off their outer insulated clothing. The room must be suitably equipped.

In addition, the employee must be provided with hot meals and he should start working in the cold no earlier than 10 minutes after taking hot food (tea, etc.).

In contrast to the breaks provided for in Art. 108 of the Labor Code of the Russian Federation for rest and meals, special breaks established by Art. 109 of the Labor Code of the Russian Federation, are included in working hours and are paid accordingly, but the employee is not entitled to leave the territory of the organization.

Otherwise, the employer may punish him for violating labor discipline.

Break for baby feeding

The labor law provides benefits for women with children, including a nursing break.

Article 258 of the Labor Code of the Russian Federation establishes that 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 a child - at least every three hours of continuous work, 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.

Nursing breaks are included in working hours and are paid. The terms and procedure for granting breaks are established by the employer at the request of the woman. These breaks, at the request of a woman, can also be attached to a break for rest and food, or transferred to the beginning or end of the working day (Article 258 of the Labor Code of the Russian Federation). If the nature of the work does not allow the woman to use the breaks for feeding the child, the employer, in accordance with Art. 254 of the Labor Code of the Russian Federation is obliged to transfer her to another job with wages not lower than the average earnings in her previous job until the child reaches the age of one and a half years.

Note.By virtue of Art. 264 of the Labor Code of the Russian Federation, the right to a break for feeding a child also applies to fathers raising a child without a mother, and to guardians.

A break for feeding a child is given to a certain employee by order and, as already mentioned, on the basis of his application.

We advise you to mark breaks for feeding the child in the time sheet separate lines. Opposite the surname of the worker, two lines are added, an alphabetic or numeric code is entered in the upper one, and the duration of the breaks in the lower one. But since the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 does not provide for such a code, the employer must issue an order to supplement the time sheet with a symbol.

Finally

In addition to the breaks discussed above, the employer has the right to establish other types of breaks at his own expense, which he may or may not include in working hours.

Note!The establishment of breaks is the right of the employer, but this right becomes an obligation, if there is an indication of this in the Labor Code of the Russian Federation, in other regulatory legal acts, in the internal labor regulations, agreements, etc.

In this regard, we remind employers that violation of labor legislation and labor protection in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation entails the imposition of an administrative fine: on 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. Violation of labor and labor protection legislation official previously subjected to administrative punishment for a similar administrative offense, entails disqualification for a period of one to three years.

Speaking about the responsibility of the employer, who ignores the requirements of the law on the provision of various breaks during working hours (shift), one cannot fail to mention the responsibility of employees who abuse their rights and arrange "technological breaks" more often than the employer has established, and are engaged in personal affairs within the framework of working time. In such cases, the employer has the right to bring the employee to disciplinary liability under Art. 192 of the Labor Code of the Russian Federation for the use of working time for personal purposes. According to the norm of this article, for committing a disciplinary offense, given its severity, the employer has the right to reprimand the employee, reprimand and even dismiss on the relevant grounds provided for in Art. 81 of the Labor Code of the Russian Federation. But no other disciplinary sanction (for example, in the form of a fine) can be applied to an employee, since this will worsen the situation of the latter (Articles 8, 9 of the Labor Code of the Russian Federation).

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 it takes quite a lot of time, and for reporting period run a decent amount of hours. What breaks should employees be given during work? If the working day starts, for example, at 8 am, do you need to do all the preparations before this time or can you do it after? Is the time for preparation for work and its completion included in working hours? Do I need to pay for this time?

Working hours and rest time

First, let's figure out what time is considered working. By virtue of Art. 91 Labor Code of the Russian Federation working time is understood as the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties. Also, other periods are included in working time, which, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation, relate to such (for example, a business trip, downtime through no fault of the employee).

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

As you can see, during working hours, the beginning and end of which is provided for by the internal regulations, the employee must fulfill his labor duties established by 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 performs labor activity. 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 regime of working hours and rest time for employees who control the air traffic of civil aviation when working in 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 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 flight directors or senior shift controllers for briefing (no more than 30 minutes per shift).

Special heating breaks
Except lunch break Art. 109 of the Labor Code of the Russian Federation provides for the provision of special breaks for heating and rest, due to the technology and organization of production and labor:
- employees working in the cold season in the open air or in closed unheated premises;
- loaders engaged in loading and unloading operations;
- other employees as needed.

To determine the frequency and time of such breaks, employers can be guided by the Methodological recommendations "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 is serving on a jury or other government or public duties (Art. 170 of the Labor Code of the Russian Federation). Thus, citizens participating in activities to ensure the enforcement military service or receipts for military service under the contract, for the period of participation in these events at the place of their permanent work, they are paid the average salary, they are reimbursed for the expenses associated with hiring (sub-hiring) housing and paying for travel to another locality and back, as well as travel expenses ( paragraph 2 of Art. 5 federal law dated March 28, 1998 No. 53-FZ"On military duty and military service").

Technological breaks
Sometimes the employer is obliged to establish work breaks for certain categories of employees and conditions for performing work. Basically, such breaks are set for PC users. The regulations governing the granting of such breaks are:
- 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 of the Russian Federation dated 03.06.2003 No. 118.

If an organization has introduced an eight-hour working day, then breaks must be set:
- for work with a load level per work shift of up to 20,000 characters - 2 hours after the start of the work shift and 2 hours after a lunch break of 15 minutes each;
- for work with a load level of up to 40,000 characters - after 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 15 minutes each or 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 employees, regulatory enactments establish other breaks during the working day, which the employer is obliged to provide and include them in working hours. In particular, in accordance with the Regulations on the peculiarities of 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:

Fire retardant workers should be given ten minutes breaks every hour of work. technological operations for the preparation and application of solutions should be alternated during working week (clause 21.3 SanPiN « Hygiene requirements to 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 railway transport, which is carried out in gas masks and respirators, workers are periodically provided with a technological break (at least 15 minutes) with the removal of a gas mask or respirator in a place free from dust or emission of harmful substances ( clause 3.5.6 of SP 2.5.1250-03 put into effect Decree of the Chief State Sanitary Doctor of the Russian Federation dated 04.04.2003 No. 32).

Time to prepare for work
The question that worries most personnel officers is whether it is necessary to include in the working time the employee spends preparing for the performance of labor duties (for example, the time for workers to put on overalls, turn on equipment, machines and mechanisms, sellers wipe dust from the counters and performed other duties)?

The time for preparation for work is not named in any norm of the Labor Code of the Russian Federation. That is, the time for changing clothes, turning on equipment, 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 for regulating working hours, the issues of including the above time periods in working hours should be decided by them independently by agreement. When making a decision, it is necessary to understand whether the actions that the employee must perform are an integral part of his 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 representative body of the employees of the organization (if any).

This time is payable.
Will the time spent before and after work on preparatory and final activities be processing?

Suppose an employee has a working day that starts at 9 o'clock in the morning. Accordingly, at exactly 9:00 a.m., he must begin his labor duties. Changing clothes (changing shoes), breakfast at the workplace, reading news sites, etc., the employee must do before the start of the working day, that is, before 9 a.m. Some personnel officers believe that the arrival of such an employee before the start time of work forms processing and this should be paid as overtime. Nothing like this. During the time that the employee spends on himself, he does not fulfill his job duties prescribed to him by the employment contract and job description. And on the basis Art. 99 Labor Code of the Russian Federation overtime work - work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working 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 for the use of working time for personal purposes has the right to bring the employee to disciplinary liability for Art. 192 Labor Code of the Russian Federation- make a remark, announce 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 legislation does not provide for such a type of disciplinary action like a fine.

Commentary on article 109

1. The article 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, 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 Russian Federation, approved By order of the Ministry of Transport of Russia dated January 30, 2004 N 10 (BNA RF. 2004. N 11), it was established that a dispatcher who directly controls air traffic (ATC) at a dispatcher console equipped with a video display terminal is given a special break after 2 hours of continuous work lasting 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 paragraph 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 of August 20, 2004 N 15 (BNA RF. 2004. N 45), for long-distance transportation after the first 3 hours 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 work is carried out in the cold season in the open air or in closed, unheated premises (for example, at the construction site in winter, at the construction and repair of roads, etc.);

C) in the production 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).

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).