Regulated break during the work shift. Order regulated breaks

Current labor legislation obliges all employers, without exception, to provide their employees with all full breaks during the working day. All existing breaks, despite their diversity, can be divided into only two important types: some are not included in the working time schedule and, accordingly, no one pays for them, while others are included and paid. Now let's take a closer look at breaks during the working day.
Throughout the working day, any employees have the right to take a break for rest and lunch. This break should be at least thirty minutes, but at the same time no more than two hours. A more precise duration is determined based on the work itself and its conditions. This break is called a “Lunch Break”. It, like other regulated breaks in work, must be carried out by the employer. During this time, the employee can do whatever he wants, as this time is usually unpaid.
Also, regulated breaks include a break for feeding the child. They do not last half an hour and are provided once every 3 hours. If a woman has more than one child under one and a half years old, then breaks should last at least an hour. All this is discussed in advance when drawing up the contract. It also depends on the condition of the individual child. Breaks to feed a child are those that are included in working hours and must be paid based on average earnings. If the job does not allow her to feed the child on time, then the employer is obliged to transfer the woman to another, more free job, with an average salary no less than the previous job.
Breaks are required during the workday of the shift approximately every hour. In order not to lose the created working setting in this case, breaks should last from five to ten minutes. This will restore the most important physiological functions. If the work is very monotonous, it is recommended to take breaks every half hour, but reduce the time to several minutes. The same rule applies to work with increased nervous tension. When performing work that involves high physical activity, a break can be once every two hours for 10-20 minutes, depending on working conditions.
In addition to the time allotted for rest, it is necessary to count about fifteen minutes daily for natural needs. This could be time to perform industrial exercises, pause to drink a cup of tea or coffee and, of course, smoke breaks. These breaks are necessarily included in working hours. They are taken into account when establishing labor standards. But still, the optimal time is chosen depending on the nature of the work and working conditions. The simple decision of the authorities is also not unimportant.
Any breaks that are optimally balanced in time allow you to competently alternate work and rest time throughout the entire working day established by the contract. This significantly reduces the chances of contracting occupational diseases and increases the productivity of each employee. Therefore, they are mandatory for every employer.

How to regulate breaks at work?

Answer

In accordance with Art. 100 of the Labor Code of the Russian Federation, the time of breaks in work is established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements.

Art. 107 of the Labor Code of the Russian Federation establishes that a break during a working day (shift) is one of the types of rest time.

The Labor Code of the Russian Federation provides for the following types of breaks:

A break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours (Article 108 of the Labor Code of the Russian Federation);

A special break due to the technology and organization of production and labor, included in working hours (Part 1 of Article 109 of the Labor Code of the Russian Federation, Letter of Rostrud dated 04/11/2012 N PG/2181-6-1);

A special break for heating and rest, included in working hours (Part 2 of Article 109 of the Labor Code of the Russian Federation);

A break for feeding a child, included in working hours (Article 258 of the Labor Code of the Russian Federation).

Neither the Labor Code of the Russian Federation, nor other federal laws and other regulatory legal acts of the Russian Federation provide for special breaks for smoking.

In accordance with Art. 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that are in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts RF refer to working time.

Thus, by virtue of Art. 107 of the Labor Code of the Russian Federation, a smoking break provided by the employer during the working day (shift) is one of the types of rest time. This period of time is not classified either by the Labor Code of the Russian Federation or other regulatory legal acts of the Russian Federation as working time, and therefore this break is not subject to payment by the employer.

At the same time, since the procedure for providing breaks for smoking is not established by the labor legislation of the Russian Federation, in accordance with Art. 100 of the Labor Code of the Russian Federation, the issue of the number and duration of such breaks can be regulated by the employer in the internal labor regulations.

The following formulation is possible:

"4.1. The organization has a five-day work week of 40 hours with two days off (Saturday and Sunday).

4.2. Start time is 9.00. Closing time is 18.00.

4.3. Lunch break - 30 minutes (from 13.00 to 13.30). At other times lunchtime

Breaks are not allowed. Employee can use it
at your own discretion and for this time, leave work. The beginning and end of the lunch break are recorded by the heads of structural divisions.

4.4. Employees are provided with smoking breaks of 5 minutes at the end of each hour.

4.5. The breaks specified in clauses 4.3 and 4.4 are not included in working hours and are not paid."

The procedure for making changes to the PVTR is not regulated by labor legislation, however, if this local normative act is an annex to the collective agreement, then changes are made to it according to the rules of Art. 44 of the Labor Code of the Russian Federation: in the manner established by the Labor Code of the Russian Federation for concluding a collective agreement, or in the manner established by a collective agreement.

If the PVTR is an independent local regulatory act of the employer, changes are made taking into account Art. 372 Labor Code of the Russian Federation. That is, the employer prepares a draft of changes to the PVTR and sends it to the elected body of the primary trade union organization along with a justification for the need for such changes. The trade union sends a reasoned opinion on the project in writing to the employer no later than five working days from the date of receipt of the project. If this elected body of the primary trade union organization does not agree with the draft changes to the PVTR, the employer may agree to the version of changes proposed by the elected body, or conduct additional consultations with it in order to achieve a mutually acceptable solution. At the same time, even if there are protocols of disagreements, the head of the organization has the right to accept changes to the PVTR.

If there is no primary trade union organization, then the employer can make changes to the PVTR in two ways: either issue a separate document in which only the changes are formulated, or accept the PVTR in a new edition.

Changes are put into effect by an order for the organization, which justifies the need for such changes. In addition, it is important to mention in the order that the previous edition of the PVTR loses its force.

More details in the System materials:

1. Answer: How to fill out the section “Working hours and rest time” of the organization’s labor regulations

In the “Working and rest hours” section, indicate:

start and end times of the working day (shift), duration of the working day (shift) and working week, number of shifts per day ();

time of lunch break and its duration ();

the duration and procedure for providing special breaks for certain categories of employees (for example, loaders, janitors, construction workers working outdoors in the cold season), as well as a list of jobs in which they are employed ();

list of positions of employees with irregular working hours, if any in the organization ();

weekends if the organization works on a five-day work week, then in the Labor Regulations stipulate which day, except Sunday, will be a day off ();

duration and grounds for granting additional annual paid leave ();

place and timing of salary payment ();

the procedure for maintaining summarized records of working time, if the daily or weekly working time cannot be observed (), etc.

Nina Kovyazina

Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

2. Answer: How to regulate breaks at work

Types of breaks

Labor legislation provides for two types of breaks:

This is stated in the articles of the Labor Code of the Russian Federation.

Break for rest and food

Establish a lunch break for employees or determine it by local act (for example,). The duration of the lunch break cannot be less than 30 minutes and more than two hours. Such rules are established in parts of Article 108 of the Labor Code of the Russian Federation.

Since the lunch break is not included in working hours, it is not subject to payment (, Labor Code of the Russian Federation). An exception to this general rule is the provision of the opportunity to eat during working hours in those jobs where a break for rest and food cannot be provided. In this case, this time must be paid. The list of such works, as well as places for eating during their implementation, is established by the Labor Regulations ().

Providing a lunch break to certain categories of employees has a number of features. For example, drivers working on a shift schedule whose daily work exceeds eight hours are given two lunch breaks, while their total duration cannot exceed two hours (Regulations approved by).

Situation: After how many hours of work should you be given a break for rest and food?

The legislation does not contain a clear answer to this question.

The Labor Code of the Russian Federation does not establish the duration of work, after which it is necessary to provide a break for rest and food.

At the same time, sanitary rules stipulate that a break for rest and food should be provided in the middle of the working day (shift) (Sanitary rules, approved, Sanitary rules, approved, clause, SanPiN 2.2.3.1385-03). This is also indicated by a number of by-laws specifying that lunch should be provided no later than four hours of work or in the middle of the working day with a deviation of no more than one hour (see, for example, approved, SP 2.5.1198-0, approved, SanPiN 2.2. 3.1385-03, approved). This approach is based on providing a lunch break in the middle of the working day (shift), calculated according to the rules of a 40-hour, five-day working week with two days off (Labor Code of the Russian Federation). If the employee’s working day is shorter, for example, six hours, then with this approach, lunch in the middle of the day will be three hours after the start of work.

It should be noted that by agreement of the parties, the time of daily (weekly) work, after which the employee is given a lunch break, can be changed (). In this case, the initiator of such a change can be both the employee and the employer. In this case, when the parties reach agreement, it is necessary to conclude a corresponding additional agreement on the start time of the lunch break (). It is also not a violation for individual employers to establish a time period during which the lunch break falls (for example, “the duration of lunch is 60 minutes, while the start of the lunch break is no earlier than 12 o’clock, and its end is no later than 16 o’clock”), so so that employees, taking into account their own workload on a given day (shift), independently determine the start time of the lunch break (, Labor Code of the Russian Federation).

Therefore, in general, a lunch break should be provided in the middle of the shift. At the same time, by agreement of the parties and based on the specifics of the production process, the break time may be shifted. In some cases, it is possible to provide it during the working day (shift).

Situation: Is it necessary to provide a lunch break if the duration of the shift or working day is one hour?

The duration of the lunch break cannot be less than 30 minutes and more than two hours ().

At the same time, the Labor Code of the Russian Federation does not make the need to provide a break for rest and food dependent on the length of the working day or shift. In this regard, a lunch break should formally be provided to all employees, including those whose working hours are one hour or less.

At the same time, from the provisions of individual regulations, we can conclude that the need for a break for rest and food, according to the general logic and rules of sanitary standards, arises after the employee has worked for four hours, see, for example, paragraph 9 of the resolution of the USSR State Committee for Labor, the Secretariat All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51, SP 2.5.1198-0, approved, SanPiN 2.2.3.1385-03, approved.

In order to avoid a controversial situation and claims from the inspection authorities, if the employee’s working day is one hour, then it is recommended to provide a lunch break, but explaining the inappropriateness and ineffectiveness of dividing a short shift (working day) with a lunch break.

Such conclusions follow from the totality of the provisions of the articles of the Labor Code of the Russian Federation.

Situation: Is it possible to provide several lunch breaks during the working day?

Yes, you can.

Providing several lunch breaks is not prohibited by the Labor Code of the Russian Federation. If the employer plans to provide several lunch breaks, then in general the duration of one of them should be at least 30 minutes and no more than two hours in total. Moreover, some categories of employees are provided with several lunch breaks, for example, drivers.

The employer has the right to determine the specific duration of each break independently based on the feasibility and rationality of building the work process.

Such conclusions follow from the totality of the provisions of Articles 8).

Technology breaks

Technological breaks are caused by the peculiarities of technology and organization of production and the labor process.

Technological breaks, in particular, include:

breaks when working at the computer;

breaks after continuous driving for drivers.

The duration of breaks when working at a computer depends on the type of work and is determined by Appendix 7 to SanPiN 2.2.2/2.4.1340-03, approved, and ranges from 50 to 140 minutes during the working day (shift). It should be noted that these breaks are included in working hours, do not increase its duration and are subject to payment as working hours ().

Drivers are provided with breaks after continuous driving in accordance with the Regulations approved. Their duration is at least 15 minutes after the first three hours of continuous control, but why every two hours. Moreover, if such a break coincides with , then it is not provided.

Also, in accordance with industry legislation, employees may be provided with other breaks due to the technology of the production process.

The procedure for providing technological breaks should be established in a local act (for example, ) ().

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

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

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

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

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

Unpaid breaks

Paid breaks

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

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

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

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

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

Regardless of work most people have the right to a legal break or lunch. In this case, the break can be standard (applicable to all personnel) and technological. This article is devoted to the essence of the technological break and its government regulation.

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What is a technological break?

Any employee should have the opportunity to rest a little, which is provided to all employed citizens by law. A technical break is introduced by the employer, since the type and duration of rest directly depend on production technology and working conditions.

Technology break- this is the time during which it is impossible to perform work due to the peculiarities of the technological process.

Regulation of issues related to technological interruption is carried out in accordance with the articles of the Labor Code of the Russian Federation affecting this topic. Thus, rest time should not be lower than the norms prescribed in the Labor Code of the Russian Federation, otherwise the employer may incur legal liability.

Kinds

In Russia there is three main types of technological recreation, enshrined in Article 109 of the Labor Code of the Russian Federation:

Peculiarities

Nature of technological interruptions determined to a greater extent by working conditions. This or that feature of rest also depends on them:

Duration

The duration of technological breaks, according to the “Letter of Rostrud dated April 11, 2012”, is initially included in the number of working hours during the day and is not added to the main schedule. The employer determines how long the break lasts.

The break should not be too short or long. The exact duration of the technological break is established in accordance with working conditions and work characteristics. It is regulated in accordance with articles and 109 of the Labor Code of the Russian Federation. The rest time is determined only by the employer.

Also It is possible to set a break every hour, if the job requires it, this is already considered by the employer.

When applying for any job, you need to read and find out information about breaks. After all, if there are not enough breaks or they are not long enough, a person may become overtired. A healthy and regulated break is the key to productive work.

Watch the video about breaks during the working day:

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

We present the next post in the HR series on the correct regulation of breaks for office employees.

What about the law?

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

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

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

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

Let's go back to the real world

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

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

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

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

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

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

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

Instead of a conclusion

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

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

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

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

High conversions to you!

Daria Khoromskaya,
Head of HR Department at LPgenerator