Sample order banning smoking at work in 2021

In what cases is the document used?

The practice of banning smoking in enterprises is widespread today. This is due to the fact that company management pays great attention to protecting the health of employees and creating safe working conditions.

In addition, the introduction of taboos and restrictions on smoking is also influenced by legislative norms, which require a number of organizations to equip special premises for people who like to smoke, or even a complete ban on smoking.

In particular, smoking is prohibited in educational and medical institutions, as well as government and budgetary structures - smoking is prohibited here not only inside buildings, but also within the surrounding areas.

The law provides for an administrative fine for smoking.

Separately, it should be noted that if a company does not own the office (production workshop, warehouse, etc.) in which it operates, but only rents square meters, then it cannot influence the standards regarding smoking adopted here. If you want to organize a “smoking room,” you will need to contact the owner of the premises.

Smoking at work: rights and obligations of the employee and employer

209 of the Labor Code of the Russian Federation, a workplace is understood as a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer. At the same time, in paragraph 2 of Art. 6 of Federal Law No. 87-FZ, the employer is obliged to equip specially designated places for smoking tobacco.

The question of whether an employer can completely ban smoking at work is controversial. Some experts note that such a ban established in a local legal act will be legal. However, in our opinion, the law directly implies the employee’s right to smoke in specially designated places, and the employer is directly obliged to create such places.

In addition, the acts discussed below provide for the mandatory creation of smoking areas, which confirms our point of view. As for the time for

Should an enterprise prepare an order on smoking in strictly designated areas - sample for downloading

rub.

– for citizens;

from 6 to 15 thousand rubles. – for persons responsible for fire safety;
from 100 to 200 thousand rubles. – for employers.

For violation of sanitary and epidemiological safety:

officials - from 500 to 1 thousand rubles;
legal face – from 10 to 20 thousand rubles.
physical persons – from 100 to 500 rubles;

Additionally, the activities of a legal entity may be suspended for ninety days.

Accordingly, it is recommended that each enterprise publish or allocate a special place for these purposes. There are special criteria for employee smoking areas:

If the place is a room, then it should be an isolated room, located far from eating places, a first-aid post and places of rest.

Motives for creating an order

Rationale and basis are the two pillars on which this document rests and it is on them that the author of the order should rely.

Justification is an objective reason for creating a document; it is written after the words “In connection with...”. The basis is any specific document or legislative normative act, to which a direct reference is given in the order. In this case, the basis can be considered Federal Law No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”

Smoking breaks during the working day

There are no specific times for smoking breaks during working hours. But there is rest time that an employee can use at will.

For some categories of employees, the employer can independently establish additional rest breaks. For example, for people engaged in monotonous work, some employers introduce an additional paid 5-minute break. Personnel officer. Labor law for personnel officers,” 2010, No. 12 Question: At a manufacturing enterprise, breaks are established by order: for smoking, 4 breaks of 5 minutes each.

at the end of each hour (10:55, 11:55, 14:55, 15:55), in addition to 1 unpaid hour for lunch (from 13:00 to 14:00). These breaks are called “special rest breaks,” and during this time employees either smoke or drink tea (this is in addition to the 1 hour allotted for lunch). Can the personnel officer do this time, namely 20 minutes?

per day (7 hours per month), consider it non-working time and, accordingly, not pay for it?

Other

Features of the form design

If you are entrusted with the responsibility of drawing up an order banning smoking in an organization, we recommend that you familiarize yourself with our advice and pay attention to the sample document. First of all, let's give some general information.

The smoking ban order, like any other administrative act, does not have a standard form, so it can be written in any form or, if the company has a developed document template, according to its type. Both ordinary sheets of any convenient format (generally accepted - A4) and company letterhead are suitable for issuing orders. We accept printed and handwritten text (in the second case, it is important that there are no blots, errors or corrections).

When forming an order, only one important criterion should be met - it must be certified by the original signature of the director of the company (since orders are always written on his behalf) or an employee who is authorized in the prescribed manner to act on behalf of the director.

It is not necessary to stamp the order form - there is a need for this only when the norm for certifying the organization’s internal documents using various types of cliches is enshrined in its local legal acts.

The order is always generated in a single original copy , and if it needs to be duplicated, certified copies are made. Information about the document is entered into the administrative documentation journal.

Smoking during working hours

The question of whether an employer can completely ban smoking at work is controversial. Some experts note that such a ban established in a local legal act will be legal.

However, in our opinion, the law directly implies the employee’s right to smoke in specially designated places, and the employer is directly obliged to create such places. In addition, the acts discussed below provide for the mandatory creation of smoking areas, which confirms our point of view.

We recommend reading: Dangerous places you want to visit

As for the time for

Sample document

When drawing up the text of the order, keep in mind that its structure and content must comply with certain unwritten rules of office work. In the header you need to indicate:

name of company;
title and number of the document;
place (settlement) and date of its compilation;
justification for creating the order (here you can refer to the protection of employee health).

The following is the main part:

first of all, this includes the smoking ban itself, as well as the employer’s exact requirements (for example, smoking only in specially designated areas);
the employees who must make changes to the internal regulatory documents of the company, familiarize other employees with the order, and also produce and place information sheets, plates and signs are indicated;
Below is the employee responsible for executing the order and the basis for creating this order.

If necessary, the document can be supplemented with other information (about agreeing on common smoking areas with neighboring businesses, introducing disciplinary liability for violating taboos, etc.) - in general, act according to the circumstances.

Order time allotted for smoking during working hours sample

I predict by calculation, I guess by report card. I will remove the evil eye, damage, bonus. A plot for a vacation in the summer.

Olga set the smoking time from 09:15 to 09:25; from 11:45 to 11:55. Yes, I need to formulate an order... Normal working hours Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that are in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working time.

We recommend reading: How much is the fine for smoking on a train?

Article 192. Disciplinary sanctions For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: 1) reprimand; 2) reprimand; 3) dismissal for appropriate reasons.

Order banning smoking in the workplace - sample (2018)

The standards are established by the Ministry of Labor of the Russian Federation and approved by the Ministry of Health of the Russian Federation, and can clarify and supplement the provisions of the previous paragraphs. A smoking ban may be prescribed in internal company regulations, including:

health and safety regulations.
provisions on the regime inside the facility;
in internal regulations;

Find out more about occupational health and safety requirements in the section. Based on existing regulations and law dated March 23, 2013 No. 15-FZ, an enterprise can decide:

a complete ban on smoking on the premises of the enterprise;
prohibition of smoking everywhere except in specially designated areas.

IMPORTANT!

The joint order of the Ministry of Regional Development and the Ministry of Health “On the allocation and provision of smoking areas” dated July 31, 2013 No. 321 was not registered with the Ministry of Justice of the Russian Federation and was cancelled.

Law No. 15-FZ contains only general requirements for the allocation of such places.

Order of reprimand

14483 A reprimand is a special type of disciplinary sanction that is applied to employees who have violated certain internal rules, committed negligence and errors in work, and also have any other offenses against the organization.

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It is believed that a reprimand is a punishment of medium severity, intermediate between a simple reprimand and dismissal, a serious warning about the inadmissibility of repeating such violations. FILES An important condition - a reprimand is issued only in cases where it is established that the offense was committed precisely through the fault of the employee, and not due to some external factors (force majeure, fires, accidents, floods, etc.). The procedure for imposing disciplinary sanctions is strictly regulated by the labor legislation of the Russian Federation.

In particular, any order relating to employees of an organization, including this one, must have some written basis. In this case, their role is usually played by

a memorandum from the head of the structural unit in which the offending employee works,
explanatory note from the employee,
an act establishing the discovery of a violation, etc.

If an employee refuses to provide an explanation for the misconduct that occurred, this must be recorded in a separate document. The employer has the right to issue an order to issue a reprimand no later than a month after the fact of the offense is established (this does not take into account the employee’s illness, vacation, etc.).

periods of legal absence). Do not forget that for one offense the employer has the right to impose only one disciplinary punishment out of three main ones:

dismissal,
rebuke,
comment.

As of today, there is no standard unified form for an order to issue a reprimand. Enterprises and organizations can develop its form at their own discretion and based on their own understanding of this document or use widely used templates.

In any case, when creating it, you must adhere to certain standards. In particular, this document must contain information about the employer and employee, the reason for the reprimand and links to supporting documents. The employee in respect of whom the order is issued is obliged to familiarize himself with it and put his signature on it.

If you refuse to sign a document, you need to draw up an appropriate act (you should never forget that a subordinate can challenge the employer’s actions in court or complain about him to the territorial labor inspectorate). Information about a single reprimand is not entered into the employee’s work book, but is recorded in the order of dismissal for systematic violations, if it occurs during the period of its validity. The order form itself, completed in accordance with all the rules, after entering into force, is transferred for storage to the archive of the enterprise, where it is kept for the period established for such documents by the legislation of the Russian Federation.

The order is issued in a single copy

on a regular A4 sheet
or on the company’s letterhead (the latter option is preferable - there is no need to additionally enter the organization’s details).

You can write it either by hand or print it on a computer. But regardless of which option is chosen, the order must be certified with a “live” autograph of the head of the organization.

There is no need to put a seal on it, since it relates to the internal documentation of the enterprise and, moreover, from 2021, legal entities may not use seals and stamps at all to endorse papers. At the very beginning of the document, usually on the right or left (it doesn’t matter), the name of the company is written, indicating its organizational and legal status (i.e.

CJSC, OJSC, IP, LLC). Then the word “Order” is entered, its number is entered in accordance with the document flow within the company, and the date of its creation is indicated.

Next, two or three words indicate the meaning of the document.

This is followed by the information part of the order. This includes detailed information about the violation and the reason for the penalty (in other words, the essence of the claim against the employee is described).

The date of the offense, surname, patronymic name, employee and a link to the law regulating the employer’s actions in such situations must be noted here. Further, after the word “I order”, a corresponding order is entered to issue a reprimand and a person responsible for its execution is appointed (usually this is the immediate supervisor of the offender or the head of the personnel department - here you must indicate his position, last name, first name, patronymic).

Below are links to the documents that became the basis for the order (act, etc.).

Finally, the order must be certified by the signatures of all interested officials, including the head of the company, the head of the structural department and the offending employee himself. can have a wide variety of consequences. Most often, this is deprivation of a bonus or any other bonuses on the part of the employer (but this is possible only if the company uses a bonus system).

Another option for the development of events if the employee does not draw conclusions from the current situation and continues to commit violations in his work is a repeated reprimand and further dismissal. It is worth noting that the order to issue a reprimand is a priori valid for one year. But if the employer wants to remove it ahead of schedule, then he can do this at any time by issuing an appropriate order.

After the reprimand order is terminated, the employee is considered to have no disciplinary sanction and is “clean” before the employer.

How long and how to store an order

After the order has been drawn up, certified and issued, all interested parties have read it, the form should be placed in a folder with other administrative documentation of the enterprise. Here it should lie for the entire validity period, which can be indicated in the document itself or automatically equated to one year.

Then this order can be transferred to the archive of the organization and, after the expiration of the storage period, destroyed in compliance with the procedure established by law.

How to apply for a smoking ban order

There is no unified model of an order banning smoking on the territory of an enterprise. The employer can develop it independently, taking into account the specifics of his enterprise and accepted document flow rules. From a legal point of view, the company has 2 options:

1. complete ban on smoking;

2. creation of special zones.

You can entrust the development of a draft document to any qualified employee. Most often, this mission falls on the shoulders of a lawyer, labor protection specialist, personnel officer, or secretary.

The order has a standard structure and must necessarily contain:

Name of company.
Date, number and place of publication of the document.
Introduction (preamble) - usually provides the purpose of the smoking order and references to governing regulations;
The “I ORDER” block, which includes specific requirements of the employer. If we are talking about the equipment of zones, it is necessary to indicate the proposed locations, the required equipment, and those responsible for the organization.
Signature of the head of the company.
A clause about familiarizing staff with the text of the document for signature.