Breaks for workers during the working day

Everyone knows about the lunch break. However, there are many other types of breaks during work that workers are sometimes unaware of – and for good reason. With possibilities legally take time off from work It's worth taking a closer look.

Main types

Experts divide breaks into several large groups:

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

Are common breaks under the Labor Code are provided to all workers, this is a lunch break and possible short-term breaks for personal needs.

TO special include breaks for certain areas of work or for certain categories of workers, for example, for workers in the tobacco industry, for PC users or for women with small children to feed them.

If we talk about mandatory and recommended, then the first includes breaks, the provision of which is the responsibility of any employer, and the second includes breaks, the need for which in each organization is determined differently and formalized by local regulations.

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

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

Establishment

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

In an employment contract, a break can be stipulated if for a specific employee it differs from the general one for the organization: for example, it can be stated there conditions for granting breaks sales agents, merchandisers, and other employees with “field” working conditions who are unable to foresee how long negotiations or work with different clients will take.

Rest and food

Article 108 of the Labor Code of the Russian Federation establishes the obligation of any employer to provide all employees with daily (every shift) break for rest and food lasting no less than half an hour and no more than two hours. The duration of the break within this period is fixed by an internal document of the organization, most often it is the PVTR.

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

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

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

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

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

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

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

For example, the Ministry of Transport of the Russian Federation has established specifics of driver breaks(Order No. 15 of August 20, 2004) and air traffic controllers(order No. 10 of January 30, 2004): if drivers work a shift longer than 8 hours, then they are entitled to two breaks from half an hour to two hours for food and rest, and dispatchers operating aircraft on the night shift are entitled to an additional hour of rest . These breaks are not included in paid time.

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

If the part-time employee agrees, you can determine part of the working day, during which he may not be given a break for rest and food.

The employer can enter "floating" lunch break, in which a time corridor is established in the PVTR and only the duration of the break is strictly determined, and when to start it is decided and agreed upon with the head of the department by the employee himself.

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

If an employee, at his own discretion, decides to use his lunch break for work, then this his choice.

The employer does not have to pay for this time.

Personal needs: going to the toilet, smoking break, coffee break

The regulations do not stipulate the employer’s obligations to provide short breaks for psychological relief, a cup of coffee, smoking, visiting the toilet.

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

The most humane employers equip special room for relaxation, where employees can relax for a while and relieve tension.

Technical

The Labor Code of the Russian Federation in Article 109 provides special breaks, which are necessary due to technology, features of the production process and the specifics of work activity. Their types, purpose, duration and conditions of provision are established in the collective agreement and PVTR.

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

A person working at a computer can after every hour of work, stop for 10-15 minutes and in total, spend from 50 minutes to an hour and a half on this per day. As a rule, at the discretion of the employer, these breaks are included in paid time.

Technical breaks may be provided to employees performing monotonous work in line production at the conveyor.

Similar breaks are allowed air traffic controllers working at a video display console: they must stop working for 20 minutes after each two-hour working period, and drivers for intercity transportation: after three hours from the start of the trip, they must stop for 15 minutes, and then repeat this after every two hours.

Special technical breaks in accordance with Article 109 of the Labor Code of the Russian Federation are provided for by the relevant Rules on labor protection for workers employed in tobacco and starch industry(Orders of the Ministry of Agriculture of the Russian Federation No. 51 and No. 52 of February 10, 2003), in production of various types alcohol and juices and in the production of bakeries yeast(Orders of the Ministry of Agriculture of the Russian Federation No. 892 and No. 895 of June 20, 2003).

Labor Code of the Russian Federation. Article 109. Special breaks for heating and rest
For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

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

Application fire retardant coating requires workers to be given a technical break of 10 minutes every hour of work (Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 141 of June 11, 2003).

Workers involved in the transportation of goods by rail using gas masks and respirators from time to time they are given at least a 15-minute technical break, which they spend, having removed the protective device, in a place where harmful substances and dust cannot penetrate (Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 32 of April 4, 2003).

Officers are provided with special breaks of up to 15 minutes. cadastral registration who are required to receive and advise applicants.

And also employees postal branches.

Those working in the authorities penal system they may also be given an additional break of one to four hours if they work a night shift of more than 12 hours.

When working in cold and hot weather

For those who work in winter outdoors or in unheated rooms, loaders, janitors and, if circumstances require, other employees, in accordance with Article 109 of the Labor Code of the Russian Federation, are entitled to special paid regulated breaks for heating and rest, which are included in working hours, and each of which lasts at least 10 minutes.

Employees must spend these breaks in specially equipped employer premises where you can take off warm outer clothing and warm up.

Wherein must be respected some conditions:

temperature in special rooms it should not be below 21 °C;
to warm your hands and feet, you need heaters with a temperature of 35 to 40 °C;
During these breaks you should not leave the heated room longer than 10 minutes at -10 °C, and longer than 5 minutes if it is colder than -10 °C outside.

During lunch breaks, workers must be provided hot food, after taking which there should be a 10-minute interval before going out into the cold.

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

The absence of breaks for heating and specially equipped heated premises are for the employee legal grounds to stop working, and for the employer - to be held administratively liable.

Those working in hot climates may also be allowed extra breaks, although for the employer they are not mandatory, but recommended.

Too high a temperature can significantly reduce a person’s performance and cause significant harm to his health.

Therefore, work in such conditions must be well planned, taking into account the regulatory requirements for work and rest in the heat, which regulate the duration of continuous work at high air temperatures and time spent in a comfortable microclimate to restore thermal balance in the body. The main documents in this case are SanPiN 2.2.4.548–96 and Methodological recommendations 2.2.8.0017-10.

If the air temperature rises to 26-28 degrees, the total duration of not too strenuous work should be no more than 5 hours, and hard work - no more than two and a half. After working easily for about 40 minutes, the employee can stop and spend 15-20 minutes in a room with a comfortable temperature.

Labor activity with significant energy costs provides for 10-20 minutes of continuous work in the heat for one hour and after that a break to restore normal condition for a longer time than 20 minutes.

For feeding baby

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

With a standard eight-hour workday, a worker has the right to two such breaks. She can apply to join them during the lunch break or move them to the beginning or end of the day.

Feeding breaks included during working hours, payment for them is calculated in the amount of average earnings, taking into account the unified social tax, pension contributions, personal income tax and contributions for compulsory insurance against industrial accidents.

Labor Code of the Russian Federation. Article 258. Breaks for feeding a child
Working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes each.

If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.

At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in aggregate form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.

Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.

If working time is divided into parts

For some workers in trade, services, communications, transport and utilities during the day due to the nature of their work or production process.

In such cases, due to the specific nature of the work, the working day is break into pieces, and between them provide either one break lasting up to two hours, or several breaks, including a lunch break. In this case, the total working hours should not exceed the standard working day.

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

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

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

If it lasts longer than expected

Sometimes workers delay take a break and return to work at the wrong time.

This is considered as late, for which the organization usually faces disciplinary action.

Being more than 4 hours late without a good reason may result in consequences.

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

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

Upon learning of being late from a break, the manager has the right to bring the violator to justice. disciplinary liability within a month, but no later than six months from the date of delay.

Of course, the employer worth considering the severity of the violation, its cause and characteristics of the employee.

Summary

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

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

Employers who are repeat offenders, repeatedly ignoring the need for legal breaks for their employees may be disqualified for a minimum of one year and a maximum of 3 years.

For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

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

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

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

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

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

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

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

The frequency of breaks in driving for short-term rest for the driver and their duration are indicated in the time assignment for driving and parking the car (clause 19 of Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 “On approval of the Regulations on the peculiarities of working hours and rest time for drivers cars").

4. Methodological recommendations MP 2.2.7.2129-06 “Work and rest regimes for workers in cold weather in open areas or in unheated rooms” approved. Federal Service for Supervision of Consumer Rights Protection and Human Welfare, Chief State Sanitary Doctor of the Russian Federation September 19, 2006

To maintain strength during the working day, a person needs a break to rest and eat. This aspect is noted in the Labor Code of the Russian Federation. If you encounter difficulties in providing free time for rest at work, pay attention to the content of this article and find out about your rights guaranteed by law.

Minimum break for rest and food for a worker during the working day according to law

Various aspects of labor relations between employees and the employer are regulated by the Labor Code. The provisions of the relevant legal act indicate the time allocated by law for personnel rest. In addition, the content of the company’s labor charter, which specifies the time for lunch, is important. The internal regime of the organization must comply with the rules of the law.

Lunch time during the day cannot be less than established by law, i.e. 30 minutes;
The maximum time allotted for rest and eating is 2 hours;
At individual enterprises, internal regulations may establish several intervals for recuperation.

Types of breaks at work

The Labor Code of the Russian Federation has reviewed and noted a list of possible types of breaks during the working day. This list should be included in the internal labor regulations.
The following classification of pauses during work has been established:

General break for rest and lunch;
Special - provided to workers of certain professions. The duration of the intervals is determined by the complexity of the organization and production technologies. This time must be included in working hours;
Time to feed the child - this process takes place over 1.5 years. An employee has the right to take breaks every 3 hours. You should spend at least one hour doing this. Also, such time can be provided to persons raising a child on their own;
The law provides for the provision of several breaks for workers in cold conditions, in open, unheated rooms;
At the request of the manager, the organization’s regulations may prescribe additional intervals to maintain the strength and health of employees.

The time provided for nutrition and relaxation is not paid by the employer. The employee has the right to dispose of the free period as he wishes. If the management of an organization neglects to provide employees with free time for rest, then it is obliged to pay for this time. Voluntary performance by an employee of work duties during the lunch period does not mean that remuneration will follow.

The Labor Code of the Russian Federation does not provide for smoking breaks. But if the employer strictly prohibits this event during the working day, a lawyer can help you defend your right to a break or challenge fines.

Technical breaks during the working day

In certain types of work, employees may be provided with technical breaks during the working day. Their number and duration are determined by the nature of the work activity and are noted in the internal regulations. As the law states, this period can be 10-15 minutes every hour or hour and a half. As a rule, such breaks are paid by the head of the enterprise.

Paid breaks during the working day

If you are a worker in a certain type of profession, then by law you have the right to several breaks a day. The time allocated for relaxation must be paid for by the employer. In addition, time provided to breastfeeding women is subject to payment.

Remember that the legislation of the Russian Federation is on the side of the workers, so even the temporarily unemployed can receive borrowed funds. Loans for the unemployed

Breaks during the working day at the computer

A distinctive feature of working at a computer is its monotony, immobility and tension. Such work activity carries certain risks to human health. Therefore, a desirable condition for such work is the provision of several breaks during the working day.

It should be noted that the Labor Code does not directly control this aspect. However, this does not mean that the employer is not obliged to provide workers with breaks.

In accordance with other legal acts and regulations, the employee must be ensured safety and health. This implies the need to provide short breaks for those working at the computer.
Women who work at a computer should be given regular rest time. This period is equal to 5-10 minutes every hour.

Breaks during the working day during physical activity

In accordance with the provisions of labor legislation, a list of professions has been determined whose representatives must receive several short breaks during the working day. This category includes persons involved in physical labor. During work, to restore their strength and raise their tone, they have the right to periodic pauses. The duration of these intervals should not be less than 15 minutes.

Breaks during the working day for shifts

Labor legislation of the Russian Federation notes the right of employees to rest between shifts. This period represents the time when work ends and starts the next day. However, a more detailed idea of the days off between shifts should be specified in the internal regulations of the organization. As a rule, the work schedule should be established so that the duration of rest for an employee on shifts is twice the duration of work.

During working hours, the employee must fulfill his work obligations. There are situations when an employer neglects its responsibilities and violates the legal rights of workers. To avoid such arbitrariness, you need to be aware of your rights. To do this, it is recommended to familiarize yourself with the content of labor legislation.

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

1. The article under comment does not cover the concept of special breaks for heating and rest. At the same time, the definition of such breaks can be found in specialized literature. So, P.V. Ukhtinsky proposes the following concept, which the authors consider relevant: “Breaks during the working day (shift) are short-term breaks during the working day (shift) assigned at the centralized or local level and included or not included in working hours for certain categories of workers or industries production, serving to achieve the set goals within the specified periods and deadlines”<1>.

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<1>Ukhtinsky P.V. Breaks during the working day (shift) // SPS “ConsultantPlus”.

According to the commented article, in certain types of work, workers should be provided with special breaks during working hours, which are determined by the technology and organization of production and labor, the so-called technological breaks. The types of such work, the duration and procedure for providing breaks must be established by internal labor regulations.

According to Art. 109 of the Labor Code of the Russian Federation for certain types of work provides for the provision of special breaks to employees during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations. According to Rostrud, special breaks should be included in working hours (letter of Rostrud dated 04/11/2012 N PG/2181-6-1 “On the application of labor legislation in the case of an employee donating blood and its components during the period of annual paid leave, as well as when providing employees during working hours of special breaks”).

As noted by V.I. Mironov, “by agreement between the employer and employee representatives, any breaks may be included in working hours. This inclusion improves the situation of workers. In turn, Art. 9 of the Labor Code of the Russian Federation allows for the conclusion of labor contracts that provide for the provision of additional benefits to employees, compared to the legislation, at the expense of the employer. Working time is subject to payment. Therefore, the inclusion of unpaid breaks in working time improves the situation of workers compared to current legislation. The use of the legal concept of working time involves proving legally significant circumstances included in this legal concept. Several legally significant circumstances can be identified that are subject to verification when using the legal concept of working time. Firstly, it is necessary to check the establishment of work periods for all employees of the organization or for a specific employee performing a labor function on an individual basis. The establishment of work periods is made in the internal labor regulations of the organization for all its employees or in the employment contract of a specific employee working on an individual schedule. The absence of provisions on the time for performing work duties in internal labor regulations or an employment contract allows the employee to independently determine the periods during which he performs work in the interests of the employer. Therefore, this circumstance can be confirmed not only by documents available to the employer, but also by documents submitted by the employee. In this case, the use of witness testimony cannot be ruled out.”<1>.

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<1>Mironov V.I. Labor law of Russia: Textbook. M., 2005. S. 474 – 476.

In addition, in the legal literature one can find a proposal to establish various types of breaks for employees in relation to the commented article. For example, breaks for smoking: “Article 109 of the Labor Code of the Russian Federation, dedicated to special breaks for rest, does not provide for breaks for smoking. Therefore, it is advisable to establish local regulation of tobacco smoking using internal labor regulations, which should indicate the specific time and duration of smoking breaks, as well as indicate the possibility of smoking during such breaks in specially designated rooms or places. An example of this kind is the Order “On Smoke Breaks” of the engineering company “Kranex” (Ivanovo), which provides for a single time for short-term rest, included in working hours: two 10-minute breaks during each work shift.”<1>.

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<1>Khnykin G.V. Legal issues related to smoking at work // Labor law in Russia and abroad. 2013. N 1. P. 26 – 30.

2. It is necessary to distinguish breaks for heating, technological and organizational breaks from breaks for rest and food provided in accordance with Art. 108 of the Labor Code of the Russian Federation and not included in working hours.

The court of first instance found that the plaintiff worked at a box office located in a hypermarket, and for employees of the box office department at this location, clause 5.3 of the Internal Labor Regulations, the break for rest and food is set at one hour, which is distributed as follows : from 15:00 to 15:30 – food break; from 12:00 to 12:15 and from 19:00 to 19:15 there are two technology breaks for employees to rest. On non-working days and holidays, the opening hours of theater box offices are set from 10:00 to 15:30 (clause 5.4 of the Rules).

The plaintiff indicated in the statement of claim that she actually worked 12 hours a day, but was paid on the basis of 11 hours.

According to the inspection report of the State Labor Inspectorate in St. Petersburg dated February 10, 2011, carried out on the basis of Yu.’s application, during the inspection, no cases of the plaintiff performing labor duties not provided for in the employment contract and beyond the established working hours were identified.

Refusing to satisfy Yu.'s demands for the recovery of wages for a 12-hour working day, the court of first instance reasonably assumed that the plaintiff's working day was 11 hours, since the one hour allocated for a break is not included in working hours.

When resolving the dispute, the court found that this break was established at the enterprise in accordance with the provisions of Art. 108, not Art. 109 of the Labor Code of the Russian Federation, and therefore this time is not subject to payment.

At the same time, neither the trial court nor the cassation court was presented with reliable evidence that the plaintiff’s working day was 12 hours.

Cm.:DefinitionSt. Petersburg City Court dated January 18, 2012 N 33-419/2012.

3. It should be borne in mind that providing breaks at work is the responsibility of the employer, but failure by an employee to take such a break is not a violation of labor laws. In turn, failure to provide such a break, being a violation of labor legislation by the employer, may result in the employer being held administratively and financially liable.

From the case materials, it appears that from February 1, 2006, Ts. worked for the defendant as a janitor cleaning the territory of the kindergarten; Moreover, in violation of the terms of the employment contract concluded with her, the provisions of Art. Art. 109 and 221 of the Labor Code of the Russian Federation, the plaintiff was not provided by the employer with personal protective equipment with registration in a personal card of the established form, she was not allocated a room for rest and heating, which is confirmed by acts of the State Labor Inspectorate in St. Petersburg dated 06/07/2010 and dated 07/30. 2010, a protocol for assessing the provision of workers with personal protective equipment at the workplace, drawn up during the certification of the plaintiff’s workplace for working conditions; Ts.’s work schedule until August 11, 2010 did not provide for technological breaks for the janitor to rest; These circumstances were not denied by the representative of the defendant at the hearing of the judicial panel and there is no evidence to the contrary in the case materials.

In such circumstances, taking into account the provisions of Art. 237 of the Labor Code of the Russian Federation on compensation for moral damage, the court came to the correct conclusion that compensation for moral damage is subject to recovery from the defendant in favor of the plaintiff in connection with the violation of her labor rights by the employer.

Cm.:DefinitionSt. Petersburg City Court dated November 18, 2010 N 33-15639/2010.

There is no special legal regime for cases of failure to provide breaks; it is unlawful to count work performed during the time when a break should be provided as overtime.

G.’s argument that her work without technical breaks is overtime and should be paid double is untenable.

The employer according to Art. 212 of the Labor Code of the Russian Federation is obliged to ensure the work and rest regime of workers in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

By virtue of Part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to ensure safety and working conditions that comply with state regulatory requirements for labor protection.

According to the Standard Instructions for Labor Safety when working on a personal computer TOI R-45-084-01, approved by Order of the Ministry of Communications of Russia dated July 2, 2001 N 162, the employee is obliged to observe a work and rest regime depending on the duration, type and category of work activity.

Types of work activities are divided into three groups: group A – work on reading information from a computer screen with a preliminary request; Group B – work on entering information: Group C – creative work in dialogue mode with the computer. When performing work related to various types of work activity during a work shift, the main work with a computer should be taken to be that which takes up at least 50% of the time during the work shift or working day.

For types of work activities, three categories of severity and intensity of working with a computer are established, which are determined: for group A - by the total number of characters read per work shift (no more than 60 thousand characters per shift); for group B – according to the total number of characters read or entered per work shift (no more than 40 thousand characters per shift); for group B – based on the total time of direct work with a computer per work shift (no more than six hours per shift).

When working on an eight-hour shift and working on a computer, regulated breaks should be set: for category I work, two hours from the start of the work shift and two hours after a lunch break of 15 minutes each; for category II work, two hours from the start of the work shift and 1.5 - 2 hours after a lunch break lasting 15 minutes each or lasting 10 minutes every hour of work; for category III work - 1.5 - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 20 minutes each or 15 minutes every hour of work.

Compensation for unused regulated breaks is not provided for by law.

Refusing to satisfy G.'s demands for compensation for unused technological breaks, the court indicated that, indeed, on the part of the defendant there was a violation of the plaintiff's rights associated with violation of the work and rest regime (failure to provide regulated breaks). However, in accordance with the regulations on the summarized recording of working hours and the shift work regime of OJSC “V”, the plaintiff worked in the summarized time regime (for the quarter). G. did not overwork the quarterly norm of hours worked, taking into account those worked in each shift, and therefore the court reasonably concluded that the plaintiff’s work cannot be recognized as overtime.

See: AppealdefinitionSaratov Regional Court dated June 27, 2013 N 33-3661.

4. For certain categories of workers, the provision of special breaks is provided for by separate regulatory legal acts.

For example, according to clause 19 of the Regulations on the peculiarities of working time and rest time for car drivers during intercity transportation, after the first three hours of continuous driving, the driver is given a special break to rest from driving a car on the road for at least 15 minutes; further breaks of such duration are provided no more than every two hours. In the event that the time for providing a special break coincides with the time for providing a break for rest and food, the special break is not provided.

According to clause 9 of the Regulations on the peculiarities of the working hours and rest time of workers performing air traffic control of civil aviation of the Russian Federation, approved by Order of the Ministry of Transport of Russia dated January 30, 2004 N 10, when working on the night shift, the traffic service dispatcher who directly controls the movement of aircraft (including the eldest), an additional break of one hour must be provided with the right to sleep in a specially equipped room. These breaks are not included in working hours. The time for providing breaks and their specific duration are established by the internal labor regulations of the organization.

According to clause 13 of the Regulations on the peculiarities of working hours and rest time for metro workers, approved by Order of the Ministry of Transport of Russia dated 06/08/2005 N 63, employees of locomotive crews working on the line are provided with special breaks for rest. If the duration of work (shift) is more than seven hours, the total duration of special breaks for rest must be at least 25 minutes. The number of special breaks for rest, their duration and place of provision are established by the internal labor regulations. The time remaining after inspection of the rolling stock at the rolling stock maintenance points on the line or in the electric depot is counted as a special break, and if it lasts more than 30 minutes, it can be entered as a break for rest and food.

In accordance with the Proposals for organizing work with PCs, approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated 06/03/2003 N 118 “On the implementation of sanitary and epidemiological rules and regulations SanPiN 2.2.2/2.4.1340-03”, depending on the category labor activity and the level of workload for a work shift when working with a PC, the total time of regulated breaks is established. For example, for group “A” (based on the total number of characters read per work shift, but not more than 60 thousand characters per shift), the total time of regulated breaks is 90 minutes for an eight-hour shift and 140 minutes for a 12-hour shift.

Working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes each (Article 258 of the Labor Code of the Russian Federation). Fathers raising children without a mother, as well as guardians (trustees) of minors (Article 264 of the Labor Code of the Russian Federation) also have the right to provide such breaks.

Employees of enterprises engaged in the maintenance, reception and release of scheduled aircraft during the cold season are provided with breaks for heating in accordance with Art. 109 of the Labor Code of the Russian Federation and the corresponding articles of the union republics. The administration of the enterprise should organize the provision of breaks in such a way as not to disrupt the regularity of flights (clause 24 of the Rules for the provision of additional leaves to civil aviation employees for work under special conditions, approved by Order of the USSR MGA dated March 13, 1986 N 50).

5. Special breaks for heating and rest, which are included in working hours, are provided:

– employees who work in the cold season outdoors or in closed, unheated rooms;

– loaders engaged in loading and unloading operations;

– other employees if necessary.

The employer is obliged to provide premises for heating and rest of employees. Proposals in this regard can be found in the Methodological Recommendations “MR 2.2.7.2129-06. 2.2.7. Physiology of labor and ergonomics. Work and rest regimes for workers in cold weather in open areas or in unheated premises”, approved by the Chief State Sanitary Doctor of the Russian Federation on September 19, 2006. In particular, they state:

– in order to normalize the thermal state, the air temperature in heating areas should be maintained at 21 – 25 degrees. C. The room should be equipped with devices for heating hands and feet, the temperature of which should be in the range of 35 - 40 degrees. C (clause 5.8);

– in order to more quickly normalize the thermal state of the body and reduce the cooling rate during the subsequent period of stay in the cold, insulated outer clothing should be removed for heating, and therefore it should be suitably equipped (clause 5.9);

– to avoid hypothermia, workers should not be in the cold for more than 10 minutes during breaks at work at air temperatures down to -10 degrees. C and no more than 5 minutes at air temperatures below -10 degrees. C (clause 5.10);

– breaks for heating can be combined with breaks to restore the employee’s functional state after performing physical work. During the lunch break, the employee must be provided with hot meals. You should start working in the cold no earlier than 10 minutes after eating hot food (tea, etc.) (clause 5.11);

– the duration of a single heating break in a heated room should not be less than 10 minutes (clause 7.3).

In addition, requirements for the equipment of such premises can be found in separate regulatory legal acts.

For example, clause 16.2.10 of the Safety Rules for the construction of underground structures, approved by Decree of the Gosgortekhnadzor of Russia dated November 2, 2001 N 49, establishes that when working in frozen soil conditions, workwear should be equipped with woolen underwear, warm socks, a sweater, cotton overalls, wadded trousers, padded jacket, tarpaulin boots, a cap under the helmet. When working in such conditions with hand-held vibrating tools, breaks to warm your hands should be taken every 40 minutes, lasting up to 15 minutes. In addition, hand warmers with a surface temperature of 40 degrees should be installed at the heating point. C (+/-2 deg. C) or electric towels.

Separate provisions on the issue under consideration can be found in industry agreements. For example, according to clause 5.6.1 of the Federal Industry Agreement on Construction and the Building Materials Industry of the Russian Federation for 2011 – 2013, approved by the All-Russian Inter-Industry Association of Employers “Russian Union of Builders”, the Trade Union of Construction Workers and the Building Materials Industry of the Russian Federation on December 20, 2010, workers working in the cold season outdoors or in unheated rooms at a temperature of -20 degrees. C no wind, temperature -15 degrees. C with wind, special breaks for heating and rest are provided, which are included in working hours. In such conditions, the employer is obliged to provide workers with an equipped room for heating and rest and organize hot meals for them. The number and duration of breaks are determined in a collective agreement or local regulation adopted in agreement with the trade union organization.

Clause 5.6.2 of the said Agreement establishes that at an air temperature of -30 degrees. C and below with wind, -35 degrees. When there is no wind, outdoor work stops. Working in closed, unheated rooms is equivalent to working outdoors. The employer, together with a representative of the primary trade union organization, is obliged to draw up an act on the suspension of production.

6. Please note that the employee has the right to suspend work due to the employer’s failure to fulfill obligations to organize places for heating and eating during the cold season, as well as failure to provide sanitary facilities, and in this case the employee cannot be subject to disciplinary liability.

The plaintiff’s job responsibilities include walking around the gas pipeline routes according to the employer’s instructions, reflected in the route, checking the gas contamination of basements and wells, clearing them of snow and ice, i.e. permanent work outdoors. OJSC “V”, while providing the plaintiff with warm clothing, did not organize for her and other employees of the enterprise performing work in a similar position, places for heating and eating during the cold season, and also did not provide workers of this profession with sanitary rooms.

Taking into account the above, the judicial panel of the appellate court came to the conclusion that, while fulfilling her official duties, on February 9, 2012, while walking around the gas pipeline route in conditions of low air temperature, I., due to improper performance by the employer of the obligation to organize her work, was forced to 10 hours to temporarily suspend the performance of work duties for a valid reason, which indicates the groundlessness of bringing her to disciplinary liability.

See: AppealdefinitionVologda Regional Court dated November 16, 2012 N 33-4662/2012.

At the same time, if the employee’s job responsibilities allow for the possibility of performing them not only in special working conditions (cold room, outdoors, etc.), then leaving work due to the lack of heating space is unlawful.

From the totality of evidence available in the case materials (explanations of the parties, testimony of witnesses, written evidence - employment contract, job descriptions, meteorological characteristics, work permit, air sampling report) it follows that Sh.’s absence from the workplace due to the need for a break for heating is not a valid reason, since the installation is located not only in the open air, but also inside the workshop, which is also confirmed by the photographs presented by the defendant, and does not indicate that Sh.’s work was performed only in the open air.

The presence, according to the plaintiff, at 13:00 of precipitation in the area where work was being carried out to repair the installation, cannot entail the employee’s right to be absent from the workplace during working hours, since from local legal acts (job descriptions), internal labor regulations, and Also, the employment contract does not stipulate that the work performed by Sh. refers to the types of work performed exclusively in the open air, in the cold season.

Also, taking into account the working hours established by the internal labor regulations, including the lunch break (from 11:30 to 12:30), and taking into account the testimony of interrogated witnesses, meteorological data in the period from 11:00 to 18:00, according to in which no precipitation was observed, the plaintiff’s absence from a certain workplace cannot be considered due to objective reasons (adverse weather conditions, permission from the immediate supervisor).

Working without rest for a full working day has a negative impact on the health of the employee, therefore the legislation provides for the provision of various breaks. They are given to all employees (lunch break) or, in addition to them, other breaks for certain categories of workers (for example, those employed in hazardous working conditions) and serve different purposes (rest, heating, cooling, etc.).

All workers and employees enjoy a break for rest and food (lunch break). It lasts no more than 2 hours. The peculiarity of such a break is that it is not included in working hours and is not paid. Therefore, employees have the right to use it at their own discretion, including when leaving the place of work and the enterprise (Article 57 of the Labor Code of the Russian Federation).

With a six-day working week on days before weekends and holidays, when the working day does not exceed six hours, work can be carried out without a break for rest and food. In practice, people work part-time for no more than 4 hours without a break for rest and food.

In some cases, it is permissible to establish not one, but more such breaks. For example, if a driver’s work shift lasts more than 8 hours, 2 breaks for rest and food with a total duration of no more than 2 hours may be provided. (“Regulations on working time and rest time for drivers”).

Lunch breaks must be provided no later than 4 hours after the start of work. The specific start and end times of the break are determined in the local internal labor regulations approved by the enterprise's workforce, as well as shift schedules approved by the administration (Article 130 of the Labor Code of the Russian Federation).

At enterprises, large institutions, and organizations, breaks for rest and meals are most often established by shifts, workshops, departments, laboratories, and other departments. This is done in order to provide all employees with the opportunity to quickly and conveniently have lunch at one of the enterprise’s food outlets. In small institutions and organizations, as a rule, a single lunch break is established for all employees. In cases where employees, by the nature of their employment, distribute working time at their own discretion (for example, persons engaged in home work), they themselves set the break time for rest and food (Article 253 of the Labor Code of the Russian Federation).

The duration of the lunch break is determined by law to a maximum of no more than 2 hours. Its minimum duration is not established by legal norms. Usually such a break is given for at least half an hour. At jobs where, due to production conditions, it is impossible to establish a break for rest and food, workers must be given the opportunity to eat food during working hours.

Breaks for labor protection purposes were introduced to reduce the adverse effects of certain types of work on the worker’s body. They are regulated by special regulations.

Workers and employees working in the cold season in the open air or in closed unheated rooms (for example, refrigerators, cold rooms), loaders engaged in loading and unloading operations, as well as other categories of workers in cases provided for by law, are provided with special breaks for heating and rest, which are included in working hours (Article 153 of the Labor Code of the Russian Federation).

The categories of workers who are provided with warming breaks, the number and duration of breaks, and places for warming are determined by the administration. The administration gives orders to provide breaks, stop work or reduce its duration. Employees do not have the right to arbitrarily set breaks or stop work. Breaks for heating are paid at the employee's tariff rate or salary.

In order to protect the life and health of workers, breaks are provided for in some types of work by safety regulations (electrical appliances are turned off during a thunderstorm).

Additional rest breaks are established either for all workers or for individual categories, depending on the specifics of production.

For car drivers, the schedules set the time for stops along the way and at final destinations for short rests. For intercity transportation, after 3 hours of continuous driving, a stop for the driver to rest for 10 minutes is provided; in the future, parking of this duration is provided every 2 hours (Article 252 of the Labor Code of the Russian Federation).

During the working day, workers take short breaks for rest and personal needs.

Intra-shift breaks are a special type of free time from work. They are provided to employees working on a split working day. Under this regime, it is allowed to divide the working day into two or more parts, between which breaks are established (Article 53 of the Labor Code of the Russian Federation).

Breaks for feeding a child (Article 169 of the Labor Code of the Russian Federation) are not, by their nature, breaks used for the purpose of rest. Mothers are released from work for a certain period of time to feed and care for the child. Therefore, such breaks are provided along with lunch breaks.