Lunch break without interruption. What prohibitions of the Labor Code employers ignore most often. Does an employer have the right to prohibit an employee from talking on a mobile phone during working hours? Break for warmth and rest

23.10.2020

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

We present another post from the HR series on the correct regulation of breaks for office workers.

What about the law?

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

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

With the main meal - lunch - everything is more or less clear. Much more questions in practice are caused by “smoke breaks”, “walks” along the corridors and tea parties. Let's figure it out. The work of an office worker is somehow connected with the use of a computer, and it is this condition that usually determines the presence of small breaks, "five minutes" during the working day. Again, according to the law, in order to prevent premature fatigue of workers - PC users - it is recommended to organize working hours by alternating work using a computer and without it (clause 1.3 of Appendix 7 to SanPiN 2.2.2 / 2.4.1340-03).

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

Back to the real world

Everything would be absolutely fine if all employees worked with the same dedication and rested exactly as much as their body needs to restore working capacity. In fact, any leader has faced situations of uncontrolled breaks and "smoke breaks": one by one or in groups, by their own department or catching others, employees go to the "smoking room" or office kitchen: "We have a legal break." As a result, this break is delayed for a longer period than expected, work stops, and discipline is rapidly falling. There is no need to talk about the benefits of conversations between employees during breaks, the advantages of informal communication, since we are considering cases where such prolonged “smoke breaks” significantly affect the quality and results of work.

In relation to free time at the workplace, all employees can be divided into two types. The former, having completed their work within the framework of the functional, having solved the minimum number of tasks per day, sit in social networks, go out every ten minutes to talk with colleagues, and call on personal issues. In a word, they use working time unproductively - continuous breaks are obtained.

The second type of employees, having completed the usual amount of work per day, begin to actively look for other activities on their own (they look for what can be improved in daily activities, see problems, set and solve tasks in addition to their immediate duties) or through an appeal to their supervisor (“What else can I do?”, “Let me do this?”, “Is there any other task for me?”). In the case of the second type, the inappropriate use of breaks is out of the question. After all, as we remember, these are category A employees; they are, as a rule, initiative, organized workaholics - in terms of discipline, it is easier with them.

Let's get back to breaks. Their total duration for all employees when working at a PC can be from 50 to 90 minutes with a typical "office" working day of 8 hours. These breaks must be regulated by internal local regulations; usually the mode of work and rest is described in the Internal Labor Regulations, it can also be orders and orders of the head. With such documents, it is imperative to acquaint all new employees and the entire team against signature in the event that a new document is adopted. Failure to comply with the adopted rules is a reason for imposing a disciplinary sanction with all the ensuing consequences (up to and including dismissal in case of a systematic violation).

Breaks can be prescribed, strictly tying them to time, for example, “every two hours for 10 minutes at the beginning of the hour”, or making them “floating”. How to track the time an employee is absent from the workplace? To do this, there are various services for recording working time, you can install special programs on a PC, in corporate information systems often there is a function of such accounting. A very simple option - an employee, leaving for a break and returning from it, leaves a note to the manager indicating the time of the break.

Separately, it must be said about smoking during work. Whether to classify smoking breaks as main breaks or not is a controversial issue. Often smoking employees walk down the corridors no less than the rest, drink tea and talk on the phone not on business matters. Therefore, their working hours are reduced even more. How to deal with frequent "smoke breaks"? Here, of course, we are not talking about the dangers of smoking, but about how such non-working pastime can be regulated.

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

Instead of a conclusion

Let's list a few simple rules, which will help to effectively regulate breaks in the work of office employees.

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

And yet - do not forget that breaks are really needed. An employee who is completely immersed in work for 8 hours, “tied” to the workplace in the truest sense of the word, is not only illegal, but also inefficient. It is known that we often make the greatest achievements and successes in work after a break (be it a vacation or a cup of tea by the window).

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

High conversions for you!

Daria Khoromskaya,
Head of HR Department LPgenerator

Labor relations and discipline have always existed between the employee and the employer.

Some want to devote as much time as possible to relaxation, communication with colleagues, drinking coffee and discussing the latest gossip. Others insist on total dedication to labor in order to obtain maximum productivity and efficiency. To keep the balance of power between these two parties allows labor legislation, which regulates the norms of work and rest, providing for their non-compliance with all kinds of responsibility.

Art. 108 of the Labor Code of the Russian Federation provides for the right to rest for all employees. It should be at least 30 minutes, but not exceed a total of 2 hours. This time is not counted as work time.

Each company has the right to independently, in it, provide for the time of work of an employee of a certain specialty, rest, also reflecting the interval for each of the breaks. The most common use of rest breaks is for lunch time. At the discretion of the head, he has the right to increase or reduce it.

An employee, when applying for a job, must be familiar with the established labor schedule.

Separately, smoke breaks during working hours are not allocated according to the Labor Code, but they have the right to spend the provided break at their own request, including for smoke breaks.

Many companies, when hiring, are asked to indicate in the questionnaire about bad habits, including smoking, how often and how many cigarettes a candidate smokes a day.

For such employees, the company is obliged to create separate smoking areas. Large holdings have begun to pay more attention to this problem and are fighting in every possible way for healthy lifestyle life, motivating employees to give up addiction.

Break for rest and meals

Recall that rest for meals is provided for by the legislation of the Russian Federation. Its exact beginning and end are determined by the head of the company by an internal act.

Since this time is not working, the employee, at his own request, can dispose of this break:

go to lunch;
go home;
meet friends, etc.

It happens that an employee, due to the nature of his activity, does not have the opportunity to have lunch at the allotted time. In such a situation, the employee has lunch at any other free time, this rest is credited to him and payable.

The legislator fixed in regulations different, also the head of the company may approve several more options, depending on the category of employees.

The main thing to remember is that the lunch break should be at least half an hour.

One more feature is provided, it consists in the following, when the manager approves only total time break, without indicating its beginning, as well as the end. The worker uses it at his own discretion, whether he spends it at a time, divides it into several short intervals, or maybe even uses this time for work activities.

Types of breaks at work

Legislative acts provide for several types of possible break intervals at work. They depend on the specifics, the severity of the work performed, as well as the conditions in which the workers are, when such periods are considered working and must be paid.

Breaks fall into the following categories:

lunch and rest;
rest and recuperation in bad weather conditions;
time for the opportunity to feed the child;
special types.

Break for warmth and rest

It is given to those employees whose working conditions are associated with hard physical labor, as well as in adverse weather conditions. Such employees should be drawn up a special work schedule, provided with a proper room where workers can recuperate and warm up. It must be taken into account that such a break time must be counted as working, recorded in the time sheet, payable.

Workers who rely on rest for heating and food include:

performing labor functions in the cold or in buildings where there is no heating (builders, janitors);
loaders with heavy physical loads, etc.

Break for baby feeding

For employees who decide to start working before the child reaches the age of 1 year and 6 months, the manager must allocate additional time so that she has the opportunity to feed the baby. The same opportunity should be given to single fathers or guardians.

Many employers are reluctant to agree to such breaks, most of them first try to find some reasons for refusal and not allocate another break, ask questions about feeding, whether they feed the child with breast milk or artificial mixtures.

If for some reason a woman cannot breastfeed her child and gives him artificial mixtures, for this reason the employer sometimes tries to refuse to allocate additional rest time, this is regarded as a direct violation labor law RF from the side of the employer.

The time to be able to feed the baby should be as follows:

the family is raising a single newborn under the age of 1 year and 6 months, the opportunity to feed the child should be from 30 minutes, after every three hours of labor;
in a family there are two children and more under the age of 1.5 years, then the opportunity to feed is from one hour.

Such a break must be included in the time sheet and paid for.

At the request of the worker, she can submit an application with clarifying points for the breaks provided:

ask to combine an extra break and your lunch time;
combine and attribute breaks with the opportunity to feed the child at the beginning or end of the working day, reducing it.

To properly secure such a break, the employee must submit to the HR department:

statement;
a copy of the certificate for the child.

An order must be issued for the employee to allocate time for the opportunity to feed the child, taking into account all the additional nuances at the request of the employee.

Special breaks

Breaks of a personal nature

Breaks for going to the toilet, smoking, chatting with a colleague over a cup of coffee or tea, are not established by the legislator, but in all possible guidelines, to reduce the level of fatigue of employees, increase labor productivity, it is necessary to give such breaks for 10-20 minutes. Such rest time can be reflected in the internal act of the company. Some enterprises go further and equip a special room in the office space, where their employees will fully relax and replenish their strength.

Necessary for workers working with all kinds of equipment. These can be both employees who perform duties at a computer for a long time, and employees working in production, while most of the time they are behind the conveyor. The employer must allow a break of 10-15 minutes, and the total rest time per day should be 50-90 minutes.

A technical break is also required:

air traffic controller, he must interrupt the activity for 20 minutes. after two hours of labor;
the driver on intercity flights, he must stop en route for 15 minutes. 3 hours from the starting point and after 2 hours on the road;
workers employed in the production of alcohol, juice, yeast;
workers working with fire-resistant coatings are given the opportunity to rest for a period of ten minutes after a working hour;
whose work is related to the transportation of goods to railway tracks and with the use of respiratory protection, rest should be at least 15 minutes at a remote distance from the place where it is possible to remove the protective equipment;
branch staff postal service, the cadastral chamber, which receive citizens and give advice.

The above list is not exhaustive, the manager has the right to establish by an internal act other positions that provide for a mandatory break to maintain health, performance and uninterrupted performance of labor functions.

Whether such rest time will be counted as work time and whether it will be paid remains at the discretion of the management.

Establishing the types and duration of breaks

Any periods of time are approved by certain documents:

the Labor Code of the Russian Federation;
by-laws;
company's internal regulations.

The structure of the working day must be approved in the developed documentation. All employees must be familiar with the approved schedule, because non-compliance with the norms of legislation, work schedule and time entails the occurrence of negative consequences on the part of both the employee and the employer.

Summing up the above, we can say with confidence that maintaining a balance between work and leisure will have a positive impact on both the physical and psychological state of employees, and labor productivity. It has been proven by many years of experience that those employees who have the opportunity to take several short breaks during their working hours get tired less and bring more benefits to the company. But at the same time, employees should not abuse the trust and good disposition of their superiors, which allows them to take such breaks, and does not force them to work tirelessly from eight in the morning to seven in the evening. There must be a measure in everything. And if it is not observed, then the labor legislation of the Russian Federation comes into play, which provides for penalties for. Ignorance of the law does not exempt from liability.

What it is?

Etiquette in Russia began to be more strictly regulated and introduced everywhere under Peter I. At the beginning of the 18th century, the rules of behavior from the West began to be adopted in our country. For a long time there was a search for a compromise and the introduction of rules suitable for the mentality of our fellow citizens. Over time, etiquette began to be divided into secular, military, religious and official.

Service etiquette is the rules of conduct in a team, which are expressed in the fulfillment of certain requirements of professional communication in a particular organization. This is the most common definition or concept of business etiquette.

Kinds

There are several types of business etiquette.

The rules of conduct with customers must be carefully observed. Do not stare at your interlocutor or keep looking into his eyes - this can confuse a person. Do not talk on the phone during negotiations or important meeting. Shoes and general appearance should be neat and accommodating.
per century information technologies it is important to follow the rules of electronic communication. It could be communication e-mail, the use of various electronic services or chat on various apps on your phone. It is important to fill in all the columns in the email. It is especially important to correctly fill in the field with the heading "Subject". Your letters must always be signed. You need to address people politely and do not forget about the words of greeting. When writing email emoticons are allowed.

When writing an email, the use of emoticons is allowed.

office etiquette phone calls represents another important aspect of the rules of conduct at work. During the conversation, it is important to monitor your tone and intonations in your voice. It is important to greet the interlocutor and do not forget to introduce yourself. You need to specify not only your name and position, but also the company on behalf of which this call is made. Before starting a conversation, it is worth finding out whether the interlocutor is currently in a dialogue. It is better to immediately go to the point and voice the topic of the conversation. It is unacceptable to eat or drink during the conversation. Using the speakerphone is allowed only with the permission of the interlocutor. At the end of the conversation, be sure to say goodbye.
Leader's work etiquette in equally important for both men and women. Competent management is impossible without determining the type of management, the mood of the team and its attitude towards subordinates. You need to try to have a conflict-free space in the office.
Senior management visit or significant guests is carried out according to a special protocol. Such protocol behavior is clearly regulated. It contains all the allowed ethical standards, time and meetings with guests.

What does it include?

The rules of conduct in a team should be the same for everyone. Each employee must respect his boss and not be hostile to him. The employee must contribute to a positive atmosphere in the team. In the course of relationships between colleagues, there may be controversial situations- you should avoid them or try to smooth out sharp corners.

Every team has its own rules. They can be fixed in corporate code, but may be unspoken. Some institutions prohibit taking documents home or using portable storage devices. Unspoken rules may include mandatory attendance corporate events and symbolic gifts to colleagues for the holidays. It is important to watch your speech and not discuss others. It is worth carefully choosing topics for conversation and not talking too much about yourself - this is already an aesthetic side in the upbringing and behavior of each individual person.

The rules for the relationship between the leader and the subordinate are acutely regulated. It is impossible to communicate with the manager and all higher-ranking persons in an overly familiar way or switch to “you”.

In a new team, you need to learn about the basic rules of behavior - there may be features of the relationship between employees and the manager. Tact must be observed in dealing with colleagues. It is important to know about the presence of a dress code in the company. If it is necessary to leave the workplace, it is worth finding out how this is formalized: is it enough to speak verbally with the manager or is it necessary to write a written statement.

Office clothing plays an important role in business etiquette. When choosing clothes for work, you need to follow a few rules:

do not wear homemade knitwear;
women must wear tights or stockings even on hot summer days;
girls need to follow the length of the skirts and the color of the clothes;
dresses in the office are allowed to wear only the most strict styles.

It is necessary to have a change of shoes in the office. Hands must always be covered. You need to change clothes daily. If a man or woman wears a suit, then a daily shirt change is important.

Women should avoid wearing too much jewelry. Preference should be given to one thing, but from precious metals. You can not wear jewelry over knitted and woolen items. Religious symbols are unacceptable to be worn for show. And one of the highlights is perfume. Its complete absence during the day is desirable, especially if there are several people in the office: the smell of eau de toilette can be unpleasant for others, and for some even cause attacks of an allergic reaction.

Strict adherence to the dress code is carried out mainly in large companies. In some institutions, the ban exists only on jeans. There are institutions where there is no dress code as such. But this does not mean that you should not follow the elementary rules in the selection of your clothes.

The functions of an employee are clearly defined in job description each individual employee. It specifies the mode of operation, the rights and duties of the staff. Organization of work in the workplace is essential.

Important Aspects

Entering the office, you need to say hello first. This applies to communication with higher-ranking people. Each employee must know the basics of working time planning and be able to allocate their working time and tasks competently. It is important to follow the dress code rules. Workplace is the personification of the employee of the enterprise, which itself will tell everything about its owner, so it must always be kept clean and tidy.

It is important to comply with all requirements for documents: correctly fill out the official letterhead of the organization, adhere to the corporate font and intervals. Structured and competent speech of an employee is the basis of his further career development. With the ability to speak beautifully in the future, it will be easy to transfer your thoughts to paper in the form of business letters.

It is important to be able to accept other people's opinions. Work information should not be discussed outside the office. This can be facilitated by a special order of management on non-disclosure of information.

In the workplace, you need to work, and not indulge in idleness. A person who performs well and brings income to his institution rises very quickly in his career.

It is a great success for a person to be able to hear other people. In business, it's very important quality. In short, this skill helps to make a profitable offer at the right time and save a lot of money.

When working with a delegation of partners from another country, it is worth remembering the etiquette of this nationality. It is important to learn the art of negotiation. First you need to attract the attention of the interlocutor, and then bring it to a specific result.

Remarks to a subordinate should be made in private. But public remarks should be left for that moment, if the employee did not understand the first time. The subordinate is obliged to follow the orders of the immediate supervisor, but has the right to express his point of view.

Personal relations of employees, novels and hatred greatly interfere with the work process - you must try to maintain a harmonious atmosphere in the team. It is important to pay great attention with their gestures and words. It is worth noting that the handshake is the only acceptable tactile contact.

It is important to learn to control your gestures and facial expressions, because they will say more about you than any words.

Lunch is one of the controversial moments of the working day. It would seem that everything is clear: the employer must provide a lunch break within the established duration, and the employee must use it for its intended purpose. However, even such a simple question in practice causes difficulties. They are connected with the fact that many workers use numerous tricks to increase the time allotted for eating. Some linger at dinner, others leave earlier, others, on the contrary, continue labor activity during the break. How to record, record and control the use of lunch time by employees? Do I need to pay extra for an employee who works at lunchtime? When can floating lunch times be set? Should I include breaks during working hours?

What can an employee do during lunch

Lunch break- personal time of the employee during which he rests and eats. During this period, the employee is free from the performance of labor duties and can use it at his own discretion (Article 106 of the Labor Code of the Russian Federation). The list of activities depends on the imagination of the employee. He can deal with personal matters: go to the canteen, to the doctor, to the store, walk in the park, meet friends, read, etc. At the same time, he has the right not only to be absent from the workplace, but also to be outside the organization itself.

Exceptions are cases when an employee is forced to have lunch at the workplace. This is allowed where, according to the conditions of production, it is impossible to provide a break for meals.

In this case, the employer must provide the employee with the opportunity to eat during working hours. The list of such works is established by the internal labor regulations (part three of article 108 of the Labor Code of the Russian Federation).

If during the lunch break the employee is on the territory of the employer, he must comply with the requirements of the organization's local acts, observe the rules of labor protection (part two of article 21 of the Labor Code of the Russian Federation). So, if an employee works on the assembly line and has lunch at the workplace, he does not have the right to jog around the equipment, because this is prohibited by safety regulations.

Advice
Lunch break period employment contract not required to be specified. It is enough to make a reference to the text of the internal labor regulations

During lunch, an employee has the right to work for another organization. Moreover, the main employer cannot prevent this, except in cases where the combination with other activities is expressly prohibited by an employment contract or law. In many companies, the employee is required to coordinate such activities with management to avoid conflicts of interest and the risk of disclosing legally protected secrets.

How to schedule breaks

The lunch break is established by the internal labor regulations, with which all employees must be familiarized against signature (part two of article 108 of the Labor Code of the Russian Federation). The local act must precisely set the start and end times of lunch.

At the same time, if the employee’s work schedule and breaks differ from those established in the organization, this condition must be specified in his employment contract (sample below). As a rule, such liberties are granted sales representatives and other employees with a traveling nature of work, whose duties include frequent meetings with customers and partners.

Advice
A lunch break of at least 30 minutes must be provided to an employee, regardless of his working hours (part one, article 108 of the Labor Code of the Russian Federation)

This is due to the fact that neither the employee nor the employer is able to determine in advance for a long time when the next negotiations will take place, how long they will last and how long it will take to get to the meeting place and back.

floating lunch time

Some organizations set floating lunch times. This assumes that each employee determines the start time of the break himself or coordinates it with his immediate supervisor. To introduce such a regime at the enterprise, the employer must fulfill the following conditions:

Establish a lunch break of no more than two hours and no less than 30 minutes (part one, article 108 of the Labor Code of the Russian Federation);
- provide a break for rest and meals during the working day, and not at the end (part one, article 108 of the Labor Code of the Russian Federation);
- fix the time of lunch in the local act of the organization, as well as the employment contract with the employee (part two of article 108 of the Labor Code of the Russian Federation).

To introduce a floating lunch time in an organization, it is necessary to issue an order to amend the internal labor regulations. The text of the changes must first be agreed with the trade union, if any.

Floating lunch time can be set individual employee on an individual basis. To do this, he must write a statement requesting this. If the employer agrees, he must conclude with the employee supplementary agreement. In its text, the following wording can be indicated: "During the working day, the employee is provided with a break for rest and meals lasting 1 hour from 12.00 to 15.00. The specific time for using the break is determined in agreement with the head of the department."

If there are disputes over the use of working time, a work schedule can be developed. It is important that the working hours and breaks for rest and meals, established in the internal labor regulations and schedule, correspond to the time sheet. Otherwise, the court may conclude that the employee's rights have been violated.

Is it possible not to include smoking breaks in working hours?

The employer is not obliged to include in working hours and pay for the periods that the employee spends on smoking, drinking tea, talking on the phone on non-work topics, visiting entertainment sites, etc.

At the same time, breaks are legally established, which are included in working hours and are subject to payment. These include:
- break for heating;
- a break for feeding a child (Article 258 of the Labor Code of the Russian Federation);
- a break to relieve fatigue when working at a computer

For example, if an employee works outdoors in winter or in closed, unheated premises, then he can use the break for heating at his own discretion. If he wants to smoke at this time, he will be paid for it.

The same applies to computer users, who can do special exercises to relieve fatigue, leaving the workplace.

At the request of a woman who has a child (children) under one and a half years old, the employer is obliged to add breaks for feeding the child to the lunch break (part three of article 258 of the Labor Code of the Russian Federation).

How to control how much time employees spend on lunch

To monitor compliance with the established labor regime, each employer maintains a time sheet (part four of article 91 of the Labor Code of the Russian Federation). It reflects the number of hours worked by employees, information about appearances and absences from work, etc. Maintenance of the time sheet can be entrusted to department heads or personnel department specialists.

In addition, you can record the time employees spend on lunch using electronic system entry-exit ( electronic keys), video surveillance or general "upper" control over computer users (using special software).

If, following the results of the control, it turns out that the employee uses working time for other purposes, the employer has the right not to pay for it.

Attention
Employees must be notified of upcoming changes in the working hours and rest time at least two months in advance (part two of article 74 of the Labor Code of the Russian Federation)

Example The internal labor regulations of the organization set the working day from 9.00 to 18.00, the lunch break is one hour from 12.00 to 13.00. Employees are also given two breaks of 10 minutes each from 10.00 to 10.10 and from 16.00 to 16.10. Petr V. is a heavy smoker and smokes one cigarette every hour, which takes 7 minutes. During the day, he takes nine breaks, six of which are during work hours. The total time for smoking breaks, which the employer has the right not to pay for such an employee, is: 7 min. × 6 times = 42 min.

Should an employer pay extra to an employee who works during lunch

AT Russian companies it often happens that employees do not fully use their lunch break, preferring to finish the work they have started in the remaining time.

The answer to the question of whether an employee needs to be paid for such time depends on whose initiative he works during lunch. If in your own way, then you don’t need to pay for work during the lunch break. If the employee was attracted to work by the employer and this is documented, then the overtime must be paid as overtime work (Articles 99, 152 of the Labor Code of the Russian Federation).

Attention
If an employee is constantly late for lunch, he can be involved in disciplinary responsibility for violation of the internal labor regulations (Articles 192, 193 of the Labor Code of the Russian Federation)

You can be involved in such work only with the written consent of the employee or in cases where it is necessary to prevent industrial accidents, disasters, eliminate the consequences of a natural disaster, etc. (part three of article 99 of the Labor Code of the Russian Federation). Attract to overtime work at lunch, pregnant women, underage employees are not allowed under any circumstances (part five of article 99 of the Labor Code of the Russian Federation).

Five DON'Ts about lunch break

It is IMPOSSIBLE to agree with the employee on the exclusion of the lunch break from the working day or on its transfer to the beginning or end of the day.
DO NOT break the break into periods of less than half an hour. 30 minutes is the minimum time set by the legislator for rest and meals.
DO NOT force employees to be on employer premises during lunch break. At the specified time, the employee is free and can use it at his own discretion (Article 106 of the Labor Code of the Russian Federation).
DO NOT take a break for more than two hours in a row. In this case, it will already be necessary to talk about dividing the working day into parts (Article 105 of the Labor Code of the Russian Federation).
It is IMPOSSIBLE to include a break for rest and meals during the period of unlawful absence of the employee from the workplace in cases of absenteeism.

Remember the main thing
The experts who took part in the preparation of the material note:

Julia SVINAREVA,

Head of the legal department of LLC "DELAN Group" (Balashikha):

The lunch break is the time when the employee is free from the performance of labor duties and which he can use at his own discretion. The employer may oblige the employee to be at the workplace and in the building of the organization only if it is necessary for the conditions of production.

Alina GORELIK,
legal adviser of MORGAN AND STOUT LLC (Moscow):

An organization can introduce floating lunch times, provided that its provision and duration comply with labor laws. Such a lunch can be established for an individual employee at his request and fixed in an employment contract with him.

Tatiana BASTRIKINA,
head of HR department Chelyabinsk plant car service equipment" (Chelyabinsk):

Breaks for smoking and drinking tea are not included in working hours and are not subject to payment. You can record the time spent for other purposes with the help of video surveillance and an electronic access system.

In a period of global change priority the manager becomes close communication with employees. Workshops are certainly needed, but informal personal communication with each team member becomes especially important.

At work, talk with your team members not only about work, but also about abstract topics. This will create an atmosphere of mutual understanding and camaraderie, and besides, you will better know how the tasks are progressing and what personal or professional problems require a solution.

Recognition of the positive results of team members.

It is very important to have a positive Feedback that is, the recognition of individual and collective success. Especially encourage team members for mutual help and support - the basic principles of teamwork.

Periodically discuss with the team the progress made since the beginning of the transition period. Sometimes The best way recognition of success - a retrospective of the team's activities. Employees are often so engrossed in their day-to-day work that they don't even notice their accomplishments. When the team reaches the goal, do not forget to mark this event!

Positive reinforcement, that is, the encouragement of successful activity, is one of the most effective tools building high performance teams.

Workers can cope with change more easily if they are provided with the tools and skills they need to get the job done. Encourage retraining and learning, the acquisition of new skills and professional skills. Make sure that the team applies the acquired knowledge and skills in practice, that is, in the process of work. Include education and training in work plans, allocate time and money for them. Periodically ask team members to describe how they apply new skills and abilities in their work. good way emphasize the importance of learning and increase personal responsibility. Since you are spending money and time on improving the skills of team members, you must try not to go to waste.

Evaluation of progress and adjustment of plans.

In times of rapid change, evaluate the team's accomplishments with questions like these.

How far have we progressed? What are the team's results?

Where did we fail?

What influences our activities?

Then, with team members, do the following:

Make changes and additions to the transition plans. Include new items driven by the course of change.

What problems may arise in the future

When people face change, they usually need time to adjust. So be patient. Don't expect employees to deal with new challenges immediately and effectively.

Removing barriers to change.

Lead a team in the world modern business difficult. New obstacles constantly arise and prevent moving forward. Sometimes the obstacles are created by the team members themselves! And sometimes you are hindered by other parts of the organization. In any case, you are the main defender of the team, and its members are counting on you. I will talk about three main obstacles and ways to overcome them.

New instructions from above.

I mean instructions from your immediate or higher authorities. Bosses generally don't want to hurt you, they just want to push you towards a "brighter future." But often they do not realize what kind of chaos their instructions create and how much unnecessary work falls on team members.

To overcome this obstacle, personally talk with your boss. But remember: this must be done one on one, behind closed doors and in an informal setting (never challenge the boss in the presence of other employees). Here are some tips.

Start with the assumption that the bosses really want to do the best. This assumption will help you focus on the actions, not the intentions of the leadership, and keep your composure. (Don't be fooled into thinking that top management change agents always know how to manage change.)

Ask for information that motivates directives sent down from above. Ask the following questions.

What's the point of completing the mission you gave my team?

Why did you choose my team?

What do you want to achieve with it?

These questions encourage key decision makers to think carefully about both their intentions for the team's performance and the expected outcomes. final results. Once you have gathered this valuable information, you can adjust your action plan before you start implementing it. You may be able to convince management that there is no need to follow this or that instruction.

Discuss priorities. If global changes become an avalanche, they rarely go smoothly. Gradual changes in the form of additions and amendments are not as painful as a complete change of course. (I repeat, don't assume that top management always understands this.) So the next time management bombards you with change orders, talk to them about priorities. At the same time, show confidence and firmness, inform the authorities about the state of affairs in the team, but do not overload your story with unnecessary details. Don't whine! State your recommendations something like this: "Having such and such resources at my disposal and taking into account the successes achieved to date, I propose ...". Your task is to explain your position to the management, to involve them in developing a joint solution to the problem, instead of completely shifting the solution of this issue to your team.

Document agreements and plans. When an agreement is reached between you and senior management, verbally summarize your understanding of the agreement and receive confirmation. At the end of the meeting, say that you will write down the results and provide management with a copy of the agreement. A written contract will be useful to you in the future: bosses loaded with work often do not remember what they demanded from your team yesterday.