What time is lunch break. Lunch break. Floating time - installation and features

Most people take the lunch break for granted, and everything seems to be clear with it. But there are times when lunch is a moot point. The reason may be both, and. For example, the employer forces the employee to work at lunch, or the opposite situation, the employee constantly tries to extend the time allotted for lunch. Lots of examples. But in order not to fall into the trap of the employer or employee regarding the lunch break, you need to clearly know Russian Federation.

How much time do you have for lunch?

The duration of the lunch break must be clearly agreed upon by the employer and employee before the start of the second one. In what form is it done? must be familiar with the act, which indicates all the rules of the internal regulations. After reading the act must be signed. Among the rules should be a paragraph regarding lunch. The exact start time and the exact end time of the lunch must be indicated. By setting such clear boundaries, the likelihood of contentious issues very low.

Currently, there is a trend among the establishment of a floating lunch. Floating lunch means that the time interval during which the employee will be able to go to lunch break for a strictly defined time. For example, lunch from 12.00 to 15.00 lasting 1 hour. To establish such a lunch break, the employer must comply with the following requirements:

• The lunch break should not be less than 30 minutes;
• Lunch should not be more than 2 hours;
• The break should be during the day, not at the beginning or end;
• The time for lunch should be spelled out in the internal rules. Employees must be made aware.

What can an employee do during their lunch break?

Lunch break is personal time

The lunch break is the personal time of each employee, so he has every right to do whatever he wants. For example, go to a cafe, a clinic, read, sleep. It is important to know that the employer does not have the right to prohibit leaving workplace at lunch time. The main thing is that the employee has time to meet the time frame for the break.

There are such enterprises where employees are forced to have lunch at their workplaces. In this case, the employer is obliged to provide all conditions so that the employee can safely eat and rest as he is supposed to. For example, some organizations have designated areas for meals. Other organizations have their own canteens where chefs cook for the whole day. This often happens at catering establishments, as well as where territorial remoteness does not allow you to go to lunch elsewhere.

An employee during lunch can do their direct work. There are a number of nuances here. If the employee does it in his own way, then the work will not be paid. If at the initiative of the employer, then the work must be paid. In the second case, the written consent of the employee is required. To overtime work can attract almost all categories of citizens, except for pregnant women and minors, as well as those who have not given their written consent.

If desired, an employee can even work at a second job during a break. Unless, of course, this interferes with work at the main place and does not contradict the employment contract concluded with the employer. In some cases, specified in, coordination with the head of the opportunity to work in one more is required.

So, an employee can do whatever they want during their lunch break, and this right is protected by Russian law.

How to manage your lunch break

Employers keep timesheets. The report card notes whether the person came to work, how many hours he worked. Report cards are maintained by department employees or local managers. At the end of the month, according to the timesheets, wage depending on the number of hours worked.

There is a more modern way to track how much time an employee spent at lunch - electronic keys. At the entrance and exit, the electronic chip fixes the exact time. Therefore, with the help modern technologies it is easy and simple to calculate undisciplined employees.

How is lunch time controlled?

But there is also a downside electronic keys. In an individual case, there may be a good reason why the employee was late from lunch. You can explain this to your colleague, but to a soulless electronic device hardly.

Thus, employers always control the lunch break, the difference is only in the methods of control and vigilance.
What other working breaks exist besides lunch breaks.

The lunch break is not paid by the employer. But there are such breaks that the employer is obliged not only to provide employees, but also pay:

• Break for heating. This rule applies to those who are in sub-zero temperatures outdoors or in a room that is not heated. The employee has the right to smoke and drink tea during the break, and this time will be paid by the employer.
• Break while working at the computer. When constantly working at a computer, an employee has the right to be distracted for 15 minutes. The eyes from the computer get tired, and the employee needs to give them a rest. This break is also paid, regardless of what exactly the employee was doing at that time.
• Break for feeding the baby. At the request of a woman who is the mother of a child under one and a half years, breaks are provided for at least 30 minutes every 3 hours to feed the child. This break may be longer, it depends on the number of children in the family. Labor protection for women with children is under control government agencies Therefore, employers try not to violate the rights of this category of citizens. The break for women is also paid. In a word, according to the legislation, the employer is obliged to provide after-hour breaks to those employees whose state of health depends on the break (

Many personnel in employment are interested in the question: what rules govern the lunch break at the enterprise? This is very important point, which helps ensure employees have free time to eat. His absence makes you think about the integrity of the employer. After all, eating is a natural need of the body. And every employee must satisfy it. But, of course, not at the expense of work. The working day is often long. Or the person stays for overtime work. He needs to eat somehow. Norms regarding the lunch break in Russia are established by the Labor Code. What does it say? What are the key points employees should pay attention to?

Direct duty

The first important point is that in the Labor Code of the Russian Federation, breaks for meals are indicated as mandatory. That is, each employer is obliged to provide its employees during the working day or work shift with a certain period of time for a lunch break. Especially if it is not about part-time work, but about a full-fledged shift. Lack of time to eat is a direct violation of the law. You can't starve your subordinates. They have the right to complain about their employer. You can not provide a break for eating only when the shift is approximately 4 hours. That is, in partnership. But even in this case, subordinates may legally demand a lunch break.

Not at the expense of work

The next point is to take into account the time for rest and meals. Article 108 of the Labor Code indicates that the employer is not only obliged to provide this period of time to his subordinates. This period is not counted as a working period. That is, the employer does not have to pay for lunch breaks. And no one has the right to demand this from him. Even if a person on his own initiative did not interrupt the execution official duties for the sake of eating.

Minimum

There are certain rules regarding the length of the break for rest and lunch. They are also spelled out in the Labor Code. But we are talking only about the maximum and minimum. The exact figures must be indicated in the employment contract with each employer. It turns out that the length of time allotted for eating is the time frame that the director has the right to set on his own. But taking into account the established norms for the duration of rest.

What is the minimum time for a meal? At least 30 minutes is the minimum required by law in Russia in order to have a meal or just relax. Establishing a lunch break below the specified bar is a violation of the legislation of the Russian Federation. which indicates the period of less than the established norm, as well as its complete absence - this is the labor force.

Maximum

What else should you pay attention to? What are the important points Labor Code? A lunch break is something every employer must provide to their employees without fail. The minimum time for a meal is 30 minutes. And what about the longest prescribed duration? The maximum lunch break is fixed by law. Up to two hours are allotted for rest and eating. In practice, such a long break is rarely observed. The main thing is that this time should not be paid by the employer under any circumstances.

Not taking a break from work

In some cases, the employer cannot provide employees with legal rest, which provides for a break from work. In this situation, the Labor Code of the Russian Federation also provides for certain rules. It has already become clear - you can not leave subordinates without food. This means that the lunch break should be provided by work shift. The director is obliged to provide the opportunity to eat directly in the performance of duties. What positions does it cover? employment contract concluded between the employer and the subordinate. It is in it that the norms regarding breaks are indicated, as well as places where you can eat and rest.

No hard limits

A lunch break is a value that, as already mentioned, has only maximums and minimums fixed by law. The article under study is not specific in any other way regarding the provision of time for rest or meals. As already mentioned, each employer independently sets the duration of the lunch break. These norms are prescribed in the employment contract. As a rule, in enterprises, all employees are given a break at a specific time (for example, at 12:00). It can be used both for relaxation and for lunch.

In fact, 30 minutes is too little for a meal. Often employees do not have time to eat in peace. And 120 minutes is a lot. Therefore, there is an unwritten rule regarding the issue under study. Most employers set a rest break of 1 hour.

Where to rest and dine?

Of course, directly at the workplace you can not in any way eat food. Therefore, it is necessary to clearly designate at each enterprise an area that is intended for rest or lunch. This is quite normal. Most often, such a place is a canteen or cafe located at the corporation.

It should be noted that the lunch break is carried out exclusively in accordance with the employment contract. This means that the employer must not only allocate, but also indicate in the concluded agreement the places reserved for a meal or a break for unpaid legal rest. If there is no such item, employees can eat directly at the workplace or even leave the walls of a particular company to rest or break for lunch. Therefore, this feature should not be neglected.

Women with babies

Special attention is required by women who immediately after giving birth went to work. Article 108 of the Labor Code of the Russian Federation indicates that such employees should be provided not only with a break for eating. Up to a certain point, these personnel have every right to count on additional rest. According to the established rules, a lunch break for a woman who has children under the age of 1.5 years must last according to the rules of the corporation established by the internal regulations. But in addition, it can be calculated for periods for feeding the baby.

They also have their limitations. The maximum is set by the employer (usually by agreement of the parties). The minimum is 30 minutes. That is, a woman with a small child can be interrupted to feed the baby for at least half an hour additionally, not at the expense of her own meal or rest.

How often should infant time slots be provided? At least once every 3 hours. In fact, it is recommended to coordinate this moment with the employer - all children are different. Someone wants to eat after 2 hours, someone can endure 4-5. Therefore, these features are discussed in advance by the parties. The lunch break due to the need to feed a child under 1.5 years of age should not be changed.

Wherever I want - there I will go

The time allotted for eating, as already mentioned, is not paid. It is not included in the working day. Accordingly, the Labor Code provides for some features that give freedom of action to personnel during a meal. The fact is that breaks for rest and meals are personal minutes (or hours) of an employee. He has the right to use them at his own discretion. For example, go home for lunch, go shopping, meet friends. The main thing is to observe the restrictions established for the duration. The employer cannot prevent the employee from doing this. If a subordinate wants, he can go to a store or cafe for food during his lunch break. After all, the restriction by the authorities in actions during periods that are not paid is a violation of human rights.

Leisure outside the company

The lunch break is not necessarily the time at which meals are taken. The fact is that since these periods are not paid, the Labor Code of the Russian Federation provides for the free use of these periods of time by employees. They can not only eat, but also rest. Moreover, no one has the right to force a subordinate to remain within the company. Breaks for rest or lunch are the personal time of every citizen. And he has the right to dispose of it as he wishes.

The only thing that the subordinate must take into account is the following point: if the meal was not taken during the established lunch break, there will be no additional break for eating. The employer, at his discretion, can make an indulgence to the employee, but this is an extremely rare occurrence. You shouldn't rely on it.

Changing breaks

Another important point is that the lunch break is a clearly fixed internal schedule for a period of time. It must be established and approved by the employer. It is important. Some are interested in whether it is possible to independently transfer lunch time to one hour or another. The answer is simple - no. You can try to negotiate with the employer, but nothing more. On an ongoing basis, no one will transfer the time allotted for rest and meals for a particular employee. You can't take breaks on your own initiative. Therefore, if the employer offers lunch from 12:00 to 13:00, for example, then you need to eat during this period of time. After all, there will be no more breaks.

Work in transport

Often, employees have to work in transport or constantly leave their main workplace to perform their duties in full. That is, people have specific work schedules. How to deal with lunch breaks in this situation? The employer must issue a special decree, which will prescribe all the nuances of the time provided to employees working in transport or on permanent trips for lunch and rest. Such documentation is called the provision on granting a break to personnel with special working conditions.

Often, employees set aside time for lunch on their own, without notifying the employer about this. That is, until, for example, they get to the meeting place. According to the established rules, you can't do that. But the unspoken norms provide for such a step. But this does not exempt the employer from providing an official break for eating. He still must allocate a certain interval for lunch. Otherwise, subordinates can legitimately complain about him.

Summarizing

What conclusions can be drawn from all of the above? The lunch break is a legal time that an employer must set aside for rest and meals for all employees. Its minimum duration is 30 minutes, the maximum is 120. In fact, the establishment of an hour lunch break is practiced.

The studied period of time is allocated by the employer in accordance with the employment contract and the internal regulations of the enterprise. Only the boss can carry it. Employees arbitrarily have no right to change the time of rest and lunch. It's illegal. Women with young children may require extra breaks to feed their baby. Not the most common practice, but it does happen. The employer cannot refuse this. The lunch break should not be reduced. It is provided to employees on the same terms as to all other subordinates.

Each subordinate has the right to freely dispose of the time allotted for rest or lunch. You should pay attention to the fact that you can leave the walls of the company. No one can limit an employee in this regard. After all, the employer does not pay for periods of rest and meals. This means that subordinates cannot claim personal time for rest.

First, it is a break for rest and food, better known as a lunch break.

To maintain strength and health, every employee needs a break for rest and food. Such a break cannot be more than 2 hours and less than 30 minutes.

That is, the employer cannot set a meal break of 15 minutes, citing the fact that this time is enough!

As a rule, the lunch break is provided 4 hours after the start of work. But this is not a mandatory rule: a lunch break can be set after 3 hours after the start of work, and can begin after 5 hours. The start time of such a break and its duration must be specified in the internal labor regulations that apply to all employees of this organization, or determined in an agreement between the employee and the employer. By the way, the internal labor regulations should be available for your review.

During the lunch break, you can leave work - have a bite to eat in a cafe, go home, or you can do your own business at the workplace. You use this time at your own discretion and are not required to perform labor functions.

If you are prohibited from leaving your workplace during rest and meals, then such a break should be included in working time and paid accordingly.

When the conditions of production (work) do not allow for a lunch break, the employer is obliged to provide you with the opportunity to rest and eat during your working hours (for example, install equipment necessary for cooking and heating food in a specially designated room). The first thing to remember is that the list of such jobs (at which it is impossible to provide a break for rest and food), as well as places for rest and eating, are established by the internal labor regulations. That is, this issue must be resolved officially by the employer himself. The second important point is that the duration of your work shift is not reduced by the time spent eating and resting, i.e. in fact, this time is considered working and is subject to payment.

Secondly, these are special breaks for heating and rest.

There are also special breaks during the working day (shift), which are due to the very nature of the work - the technologies used, the organization of work. Such breaks in work are provided according to the internal regulations of the organization, they also determine the duration of breaks and the procedure for their provision. This kind of break general rule is not included in working hours and is not paid, unless another rule is established in the internal labor regulations or other local act adopted by the employer.

The purpose of such a break is to provide the employee with additional time for rest due to the specifics of the work functions performed. Examples of such breaks are:

1. breaks for gymnastics;

2. breaks provided working in forced rhythm workers (those who work on the assembly line);

3. breaks for professional computer users(depending on the category labor activity and the level of load per work shift when working with a personal computer, the total time of regulated breaks is set) 1;

4. break provided air traffic controllers at the dispatcher console equipped with a video display terminal - after two hours of continuous work - they are given a break of at least 20 minutes (Clause 11 of the Regulations on the peculiarities of the regime of working hours and rest time of workers engaged in air traffic control civil aviation RF, approved. By order of the Ministry of Transport of Russia dated January 30 2004 . N 10).

5. for intercity transportation, after the first 3 hours of continuous driving, the driver is given a special break from driving on the road for at least 15 minutes, further breaks of this duration are provided no more than every 2 hours. In the event that the time of granting a special break coincides with the time of providing a break for rest and food, a special break is not granted. (Order of the Ministry of Transport of the Russian Federation of August 20, 2004 N 15 “On approval of the regulation on the features of the working hours and rest time for car drivers”).

6. tobacco industry workersspecial breaks are provided in accordance with Article 109 of the Labor Code of the Russian Federation, that is, the duration and procedure for providing such breaks are established by the internal labor regulations 2003 . N 51 "On approval of the Rules for labor protection in the tobacco industry") ;

7. employees employed in the production of alcohol, vodka, cognac, wines, beer and juices, special breaks are provided in accordance with Article 109 of the Labor Code of the Russian Federation 2003 . N 892 "On approval of the Rules for labor protection in the production of alcohol, vodka, cognac, wines, beer and juices") .

8. employees employed in the starch industry(Order of the Ministry of Agriculture of the Russian Federation of February 10 2003 . N 52 "On approval of the Rules on labor protection for organizations of the starch industry") .

9. employees employed in the production of baker's yeast, special breaks are provided in accordance with art. 109 of the Labor Code of the Russian Federation(Order of the Ministry of Agriculture of the Russian Federation of June 20 2003 . N 895 "On approval of the Rules for labor protection in the production of baker's yeast") .

10. workers, providing fire protection, 10-minute breaks should be provided every hour of work, technological operations for the preparation and application of solutions should be alternated during the working week(Resolution of the Chief State Sanitary Doctor of the Russian Federation of June 11 2003 . N 141 "On the introduction of sanitary rules and regulations SanPiN 2.2.3.1384-03) .

11. when working on the organization freight traffic on railway transport, which is carried out in gas masks and respiratorsworkers 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(Resolution of the Chief State Sanitary Doctor of the Russian Federation of April 4 2003 . N 32 "On the entry into force Sanitary regulations on the organization of freight transportation by rail. SP 2.5.1250-03") ..

The above-mentioned special breaks due to the technology and organization of production and labor should be distinguished from special breaks for heating and rest, which are provided, if necessary, to the following employees:

ü working in the cold season in the open air;

ü working in closed unheated rooms;

ü loaders engaged in loading and unloading operations;

ü other employees, if necessary.

Special breaks for heating and rest are included in working hours and are paid on a par with the actual worked (working) time. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

Nursing breaks

Working women with children under the age of one and a half years are provided, in addition to the lunch break, additional breaks for feeding the child - at least every 3 hours of continuous work and no shorter than 30 minutes each.

This type of break is not a rest time, because it has a different purpose and is associated with the birth of a child. But such breaks are also provided during the working day (shift). In addition, according to the woman's application, such breaks are added to the break for rest and meals, or are summed up and transferred to the beginning or end of the working day (shift). These breaks are included in working hours and are payable in the amount of average earnings.

The legislation distinguishes the following types of breaks:

For example, the working day is 8 hours, which account for 3 feeding breaks of 30 minutes each (1.5 hours in total).

Having written an application with a request to transfer the summed break time to the end of the working day, a woman can leave 1.5 hours earlier without working this time in the morning or on another day.

Neither the internal regulations nor the agreement of the employee and the management of the organization can be in conflict with article 108 of the Labor Code of the Russian Federation!

Is a break included in working hours?

Working hours include and are paid for regulated breaks:

• a break for heating and rest;
• break for feeding the baby.

During these breaks should only be done what they are intended for.

For example, it is impossible to go to the dining room instead of warming up in the place designated for this.

During business hours does not include regular lunch break. There is an exception only for those jobs for which a break cannot be granted.

In this case, the manager should give the opportunity to rest and dine at the workplace.

This may apply, for example, to positions such as concierge, security guard, employee technical support etc. - when an employee cannot leave the workplace.

The list of such positions is not specified by law, they are established by the internal documents of the enterprise. Also, management should indicate in the internal regulations when and where such an employee can rest and eat.

Can I opt out of a break voluntarily?

Sometimes employees are interested in the question, is it possible to voluntarily refuse lunch and leave work early?

The employer has, and moreover, must refuse such a request.

After all, the TC clearly says that it is obliged to provide time for a break.

In practice, such an agreement takes place, but it is impossible to fix it in the internal regulations and give it official status - such a document would be against the law, and the agreement itself will be invalid from a legal point of view.

The length of the working day cannot affect the availability of a break. Even if an employee works only a couple of hours a day, the employer must provide him with at least 30 minutes of break.

Experts have different opinions on this matter, someone believes that if the working day lasts less than 4 hours, then you can not provide a break to the employee, and gives justification for his position. But most lawyers are of the opinion that a break is necessary in any case, at least the current legislative norms can only be interpreted in this way.

Daily (between shifts)

Although the concept of daily rest between shifts is in article 108 of the Labor Code of the Russian Federation, it is not properly disclosed. There is no indication of the duration and procedure for granting such rest.

However, the start and end times of the working day fixed in the employment contract indicate how much time should be allocated to it.

After the employee has worked the set number of hours, he is entitled to rest between shifts. Wherein 12 - the maximum number of hours, after which such a right can be obtained (if we are not talking about daily duty).

Duration

The duration of rest between work shifts cannot be less than twice the number of hours worked per shift.

This also applies to employees working daily - the shortest rest period for them is 48 hours. Only in exceptional cases can this time be reduced to 24 hours.

The Labor Code does not stipulate the duration of the daily rest between shifts, speaking on this topic, one should be guided by the decision of the Council of People's Commissars of the USSR of September 24, 1929, which has not been canceled so far.

Knowing the legal provisions governing breaks helps save the employer and employees from a lot of conflict situations that arise due to insufficient awareness of their rights and obligations.

Many issues will resolve themselves if both sides simply follow the letter of the law.

The regulatory legal acts do not fix the obligation of the employer to provide short breaks for psychological unloading, a cup of coffee, smoking, going to the toilet.

As a rule, such breaks are given 10-20 minutes for, but their duration may vary depending on working conditions. Such breaks are set local acts organizations.

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

Technical

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

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

A computer worker can break for 10-15 minutes after each hour of work and in total, take from 50 minutes to an hour and a half for this in a day. As a rule, at the discretion of the employer, these breaks are included in paid time.

Technical breaks may be granted to employees performing monotonous work on the mass production at the conveyor.

Such breaks are air traffic controllers working at a video display console: they must stop work for 20 minutes after each two-hour work interval, and drivers intercity carriers: 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 Labor Protection Rules 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 different types alcohol and juices and in the production of bakery 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
On the 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 internal labor regulations.

Employees working in the cold season outdoors 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 rooms for heating and rest of employees.

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

workers involved in the transport of goods railway using gas masks and respirators from time to time, at least a 15-minute technical break is given, 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).

Special breaks up to 15 minutes are provided to employees of the authorities cadastral registration who are required to conduct accept and advise applicants.

And also the workers postal branches.

working in the bodies penitentiary system an additional break of one to four hours may also be granted if they work the night shift for more than 12 hours.

You will find more information about the features of the provision and the duration of technical and technological breaks.

Working in cold and hot

For those who work in winter outdoors or indoors without heating, loaders, janitors and, if circumstances require, other employees, in accordance with Article 109 of the Labor Code of the Russian Federation, special paid regulated breaks for heating and rest are provided, which are included in working hours, and each of which lasts at least 10 minutes.

These breaks must be taken by employees specially equipped the employer's premises where you can take off your outer warm clothes and keep warm.

Wherein must be respected some conditions:

• temperature in special rooms should not be below 21 ° C;
• to warm your hands and feet, you need heaters with temperature from 35 to 40 °C;
• during these breaks, do 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 the lunch break, employees must be provided with hot food, after which a 10-minute interval must pass before going out into the cold.

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

The absence of breaks for heating and specially equipped heated rooms are for the employee legal grounds to stop work, 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 the mode of work and rest in the heat, which regulate the duration of continuous operation at high air temperature and the time spent in a comfortable microclimate to restore the thermal balance in the body. The main documents in this case are SanPiN 2.2.4.548–96 and Guidelines 2.2.8.0017-10.

If the air temperature rises to 26-28 degrees, the total duration of not too hard work should be no more than 5 hours, and hard work - no more than two and a half. After working lightly for about 40 minutes, the worker may stop and spend 15-20 minutes indoors at 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 the normal state for a longer time than 20 minutes.

For baby feeding

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

On a standard eight-hour workday, a worker is entitled to two such breaks. She can apply for them to be added to the lunch break or moved to the beginning or end of the day.

Feeding breaks included in business hours, payment for them is charged in the amount of average earnings, taking into account the UST, pension contributions, personal income tax and contributions to 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 a break for rest and food, 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 break for feeding 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 food, or in a summarized form are 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.

If working time is divided into parts

Some workers in trade, services, communications, transport and utilities during the day due to the peculiarities of labor activity or the production process.

In such cases, due to the specific nature of the work, the working day falls 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 length of the working day.

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

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

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

If it lasts longer

Sometimes workers tighten break and return to work at the wrong time.

This is regarded as being late for which the organization is usually subject to disciplinary action.

Being late for more than 4 hours without a good reason can turn around.

The manager establishes the validity of the reason on the basis of explanatory, which must be written by an employee late from the 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 being late: an act on the fact of a violation, a memo from a manager or colleague.

Upon learning of being late from the break, the manager has the right to bring the violator to disciplinary responsibility within a month, but not 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

Providing for the types and duration of breaks during work, labor law tries take into account the interests of both the employee and the employer. If these requirements are not met, you can earn trouble. Employers who deny employees legal breaks risk paying a fine:

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

Employers - "recidivists", repeatedly ignoring the need for legal breaks for their employees, may be disqualified for a minimum of one year and a maximum of three years.