Breaks during the working day: procedure for provision

11.07.2019

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4 min.

The dream of any employer is based on keeping people in the workplace always busy with business. However, every person requires periodic rest as part of the workday. Russian legislation strictly regulates the periods of time that employees have the right to devote to themselves and their basic needs.

Conditions for granting breaks

Regardless of the length of the shift and working conditions, each employee has the right to several mandatory breaks. They can be from thirty to one hundred and twenty minutes. The specific duration is regulated by the company’s internal documents.

If during this period the employee can leave the workplace, then this time is not paid. In the case where meals are organized within the enterprise, the break is included in the schedule. Smoke breaks are also provided during working hours in accordance with the Labor Code.

Technological breaks during a 12-hour working day

The provision of technological breaks during 12-hour work shifts is regulated by the Methodological Recommendations of the Chief Sanitary Doctor 2.2.9.2311-07 2.2.9 dated December 18, 2007, according to which the employee is provided with:

• four technological breaks, lasting 10 minutes for each working hour exceeding the standard working day. That is: for 10 minutes every hour, starting from the 9th hour of work;
• one break, lasting from 45 to 60 minutes, for a short nap (usually provided after 8 hours of work).

Types of breaks at work

Almost everyone knows that when working for eight hours you have the right to lunch. Often the schedule is drawn up taking into account this period, for example, lasting thirty and sixty minutes. Along with this break, the legislation provides for others. Conventionally, they are divided into several groups:

• general and special;
• mandatory and recommended;
• paid and not.

The first category implies that general free time is provided to absolutely all citizens, regardless of their place of service and personal needs. But special ones are given either to special employees (breastfeeding women) or to specific types of employees (for example, those who constantly work at a computer).

As for mandatory breaks, these periods of time are necessary for everyone, but the principle of providing recommended ones is determined by the company’s internal documents. For example, if an employer considers it necessary to organize rest during the day for walks in the park, he includes this in the collective agreement.

It is important to know! In most cases, breaks are paid. The exception is a prolonged absence, for example, a lunch lasting one hour. Let's say a person works from nine in the morning to six in the evening - that's nine hours, but it is indicated that from one to two everyone has lunch. Therefore, eight hours of actual work will be paid.

According to the Labor Code, a smoke break does not fall into any of these categories, but employees also have a legal right to it, unless it is prohibited by the internal regulations of the enterprise.

Duration and frequency of breaks for some professions

Let's look at the provision of technological breaks using the example of specific professions.

For employees working with computers:

• regulatory documents: TOI Standard Instruction No. R-45-084-01 dated 07/02/2001, SanPiN 2.2.2/2.4.1340-03, approved 06/03/2003.

periodicity:

• for users of group A (with reading up to 60 thousand characters per shift) – 15 minutes twice per shift (two hours after the start of the working day and two hours after the lunch break),
• for users of group B (working with information entry and printing up to 40 thousand characters per shift) – 10 minutes every hour of work,
• for users of group B (creative work) – 15 minutes every hour of work, if it is performed no more than 6 hours per shift;

For drivers of vehicles engaged in intercity transportation:

• regulatory document: Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 No.

periodicity:

• 15 minutes after 3 hours of continuous driving from the start of the trip, and 15 minutes after every subsequent 2 hours of continuous driving.

For professions that involve performing duties in unheated rooms or outdoors

• regulating document: Article 109 of the Labor Code of the Russian Federation.

periodicity:

• set at the discretion of the employer, as a rule - from 10 to 15 minutes every hour of work (depending on temperature indicators and wind speed).

In addition to the above professions, special breaks are also provided for:

• in the road construction industry
• for air traffic controllers in the air transportation industry (Regulations on the peculiarities of working hours, approved by Order of the Ministry of Transport of the Russian Federation No. dated January 30, 2004);
• in the starch and tobacco industries (Order of the Ministry of Agriculture of the Russian Federation No. and No. 52 of February 10, 2003);
• in the industries for the production of baker's yeast, juices, alcohol (Order of the Ministry of Agriculture of the Russian Federation No. 892 and No. 895 of June 20, 2003);
• in the field of freight railway transportation, which requires the use of respirators and gas masks during loading and transportation (Resolution of the Chief State Sanitary Doctor of the Russian Federation No. dated 04/04/2003);
• for workers performing fire retardant coating of building structures (Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141).

Basic Needs

Russia is a social state, which means there are certain guarantees for citizens, in particular, under labor legislation. On the one hand, every employer strives to get the most out of its employees, on the other hand, if a person is not given the opportunity to be distracted, then his productivity decreases. Let's look at the main types of rest for workers during a shift - lunch and a smoke break according to the Labor Code.

For rest and food

In accordance with Article 108 of the Labor Code of the Russian Federation, if a person works for more than eight hours, he must be provided with a period for lunch and rest. Its duration is determined by the internal regulations of the company, but cannot be less than thirty minutes and more than two hours. Important aspects related to meal breaks:

1. This is an unpaid period of time, therefore, the employee has the right to leave the place of duty, go to the store or even home.
2. Specialists working in the field of education do not have the right to leave work during a lunch break, but they are paid for it.
3. Management has the right to set different schedules so as not to stop the production cycle, but to provide food to all employees.
4. People working part-time are also entitled to a break, but it is usually thirty minutes.
5. It is permissible to organize a floating break, that is, the employee himself decides when to take it, only the duration is regulated.

Advice! If for some reason an employee decides to work during the lunch break, then this is his right, but the employer is not obliged to pay for this period. According to the Labor Code, smoking breaks during working hours are rest, in addition to the time intended for eating.

Technical

Technical breaks are associated with the characteristics of work activity. The more concentration required to complete tasks, the more often you need to rest. Let's look at a few examples of professions that are granted an additional technical break, according to Article 109 of the Labor Code of the Russian Federation:

• people working at a computer – ten to fifteen minutes every hour;
• airline dispatchers - twenty minutes every two hours;
• truckers - fifteen minutes every few hours.

Additional rest is also due to those who perform monotonous work on an assembly line, work in dangerous industries, or serve in the police. In practice, citizens are not always informed about their rights regarding additional breaks. In the event of a conflict with management, it is worth relying on labor legislation.

For feeding baby

For women who have a child under one and a half years old, a special break from work is provided for feeding the baby. This right is guaranteed by Article 258 of the Labor Code of the Russian Federation. In this case, the duration of the rest period depends on the number of children, if one - thirty minutes every three hours, two or more - sixty.

With an eight-hour schedule, a young mother can take advantage of these paid breaks twice. They are either added to lunch or taken at the beginning or end of the day.

Break for rest and food

Let us remind you 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 internal act.

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

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

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

The legislator has established different labor regimes in regulations; also, the head of the company can 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.

Another feature is provided; it is as follows: the manager approves only the total time of the break, without indicating its beginning or end. The worker uses it at his own discretion, whether he spends it at once, divides it into several short periods, or maybe even uses this time for work activities.

Breaks for personal needs

As for short breaks for coffee, smoking and going to the toilet, they are not noted in any way in the Labor Code. If we look at the methodological recommendations for organizing a work schedule, there is one clarification. Up to twenty minutes per shift is time for a smoke break according to the Labor Code. Moreover, the number of rest periods is not fixed. These breaks are subject to payment.

It is important to know! The difficulty in organizing such breaks is due to the different needs of employees. For example, part of the team smokes, while others are coffee drinkers, and the desire to go to the toilet does not arise for everyone at the same time. In this regard, so-called smoking breaks are part of working time, but you should not abuse them.

There are companies where certain types of leisure activities, in particular cigarettes or coffee, are strictly prohibited. The rules are specified in internal regulations, which a person becomes familiar with before starting work.

Number and duration of technological breaks

The frequency and duration of technical and technological breaks are set by the employer independently, taking into account federal and regional regulatory recommendations for specific professions and specialties. At the same time, legislative norms establish two mandatory requirements:

• the frequency and duration of breaks cannot be less than those recommended by regulations;
• the established number and duration of breaks must be reflected in the local acts of the organization - the collective agreement and internal regulations (IRR).

Work with computer

The significant increase in office workers has a strong impact on legislation. Thus, not every employer will be able to correctly set the duration and type of technical break for workers with a computer.

It is worth highlighting, however, the provision of SanPin from 2003, which quite clearly establishes the procedure for organizing work activities with computer equipment. Thus, one of the points of the presented document regulates the need for a break lasting from 50 to 140 minutes. In this case, the employee cannot sit at the computer for more than two hours at a time.

Why are such technical breaks at work needed? First of all, for the health of citizens. After all, even the most modern and safe technology puts significant pressure on the eyes, causing fatigue, tension and irritability.

Break when working in certain temperature conditions

One of the special types of rest includes a break when working at certain temperature conditions. Working at temperatures that are too high or too low makes workers more tired and simply loses their energy. Accordingly, they need quality rest (109 Labor Code of the Russian Federation). The duration of rest time is established by the group of specialists. The employer takes into account the necessary information on rest, after which it begins to arrange areas and premises so that employees can restore lost strength in them. The employer also provides for the installation of special equipment that helps employees warm up or take a break from the heat (

Feeding the baby

In addition to lunch time, a woman, upon her written application, must be given breaks from work to feed a child under the age of one and a half years, according to the following rules:

• at least 2 times during an 8-hour working day (i.e. at least every 3 hours);
• Duration for feeding 1 child - from half an hour, 2 or more - from 1 hour;
• can be added to lunch or moved to the beginning or end of the day in order to shorten it;
• included during working hours;
• payable (based on the average salary).

This right (additional guarantee) is established by Art. 258 TK.