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

On 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 rules of the internal work schedule.

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 recreation, which are included in work 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

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.

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 premises for heating and rest of employees.

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 (limitation 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, is 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 continuous control the driver is provided with a special break to rest from driving on the road for at least 15 minutes, further breaks of such duration are provided 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.

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 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 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 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 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.

Employers to determine the frequency and timing of such breaks may be guided by methodological recommendations"Regimes of work and rest of 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 at work 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 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:

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 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 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(shifts), and with the 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 include this kind disciplinary action like a fine.

Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion, including leaving the workplace.

At all enterprises, a lunch break is considered a break for rest and food.

The duration of such breaks should be no more than 2 hours and no less than 30 minutes. Breaks are not included in working hours.

The internal labor regulations of each specific organization the time for granting a break and its specific duration are established. It is also possible to establish them by agreement of the parties between the employee and the employer.

As a rule, this break is granted after 4 hours from the beginning of the working day.

In some organizations, due to the peculiarities of the nature of production in certain types of work, it is impossible to provide such breaks. In these cases, the employer is obliged to provide its employees with the opportunity to eat directly during working hours. The administration of the organization, in agreement with the trade union body, establishes a list of such work, determines the procedure and place for eating.

In some types of production, in addition to the main break, short-term breaks lasting five to ten minutes are also provided, designed to warm up and rest workers. These breaks are included in working hours and are subject to payment.

Breaks during the working day include, among other things, breaks provided to women with children under the age of one and a half years to feed the child. Its duration cannot be less than 30 minutes, they must be provided at least every 3 hours. The duration of such a break depends on how many children a woman under the age of one and a half years brings up, if one - then at least thirty minutes, if two or more children - at least one hour. At her request, upon agreement with the administration, all breaks provided to her during the working day can be combined into one and transferred to the beginning or end of the working day, and also attached to the lunch break.

Persons raising a child without a mother, or a guardian or custodian, are also entitled to such a break. These breaks are included in working hours and are payable in the amount of average earnings.

For certain types of work, employees are provided with special breaks during working hours 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, 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 equipment for premises intended for heating and recreation of employees of the enterprise (Article 109 of the Labor Code of the Russian Federation).

The duration and procedure for granting such breaks are determined by the internal labor regulations, and the types of work must be determined during the performance of which the employee is provided with special breaks for rest and heating.

The duration of such breaks depends on the air temperature at the place of work. If the low air temperature prevents the performance of work, the employer has the right to temporarily transfer such an employee to another position in a heated room. Payment must be made according to the work actually performed, but not lower than the average earnings for previously performed work.

If the employer does not have the opportunity to temporarily transfer such an employee to another job, downtime through no fault of the employee is also subject to payment in the prescribed amount. Breaks for heating and rest can be combined into one, in which case the duration of working hours is reduced by their total duration.

More on the topic Breaks for rest and meals. Special breaks for heating and rest:

1. 40 calendar days Saved Saved Saved 30 calendar days within one year Saved CONTROL QUESTIONS What is meant by rest time? List the types of rest. Expand this type of rest time as a break for rest and meals. What are special warm-up and rest breaks? What is the duration of the weekly uninterrupted rest? Is it possible to work on weekends? List non-working holidays. What do we understand

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 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 the 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
Labor legislation has established various types of 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 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 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, for the time of participation in these events at their place of permanent work, are paid average earnings, they are reimbursed for the costs 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 of the Federal Law of 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:
- Standard 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:

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 of construction production and construction work" (put into effect Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));

When working on the organization of freight transportation 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, machine tools and other activities necessary to start work, as well as at its completion, the Labor Code does not attribute 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 work function. If without certain actions that the employee must perform before starting work, he will not be able to perform his job duties, the time spent on their performance should be included in the working time and payable.

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 of the 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 labor duties 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 sanction as a fine.

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 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 the dispatcher directly controlling air traffic (ATC) at the dispatcher 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).