Sunpin rest during working hours. Breaks for rest and meals

Any person has the legal right to rest, and during each working day, too - indicates Article 37 of the national Constitution.

Types of breaks during the working day

The current classification of breaks during the working day indicates that there are such types of breaks:

• For the necessary rest, nutrition - this is a well-known lunch. The Labor Code of the Russian Federation indicates that its daily duration is 30 minutes - 2 hours. This type rest can be provided in different ways, for example, most often it is one hour-long break, but by agreement of the parties it is allowed to be divided into two shorter periods;
• Special breaks for rest, heating / cooling (the latter is especially true with days shortened due to heat: details) - these types primarily concern citizens working in the cold. It must be provided in accordance with the Methodological Recommendations of the Domestic Chief Sanitary Doctor, known under the number MP 2.2.7.2129-06;
• For feeding a child - that is, for feeding an existing baby (up to 1.5 years old), the parent receives 30 minutes every 3 hours. If the child is 2, then the nursing one gets an hour. This species is provided not only to the mother, but also to the single father, the guardian. Our Labor Code (you can download the code from the link below) allows you to group given time at the beginning/end of the shift.

What is the minimum break for rest and meals during the working day?

The Domestic Labor Code indicates: the minimum period for these purposes is 30 minutes. If the organization provides less time for such purposes, then the legislation will allow the employer to be fined.

Although the employee has the right to a break during the working day lasting from 30 minutes, but if necessary, it is allowed to set shorter breaks, with a total duration of at least half an hour.

Are breaks during the working day considered rest periods?

The Russian TC (download the code below) indicates that two periods of time are intended to get rid of fatigue:

• For rest, food;
• For relaxation, heating.

These species are named so for a reason. The Labor Code requires that all relevant time be spent in decent conditions. If a person is not entitled to leave the provided workplace, then it cannot be considered a break, therefore it is paid, even when a person had a snack on the spot.

The time allotted for feeding an existing child does not fall under the specified characteristic, since a person performs work during such a period.

Breaks during the working day according to the Labor Code of the Russian Federation

According to the Labor Code, an operating organization has the right to independently establish a specific schedule for maintaining health, strength, and nutrition. All existing requirements are included in the labor regulations of any operating organization.

An employer may never working time to prevent citizens from doing personal affairs in a dedicated workplace, even to leave it, to force them to perform any duty.

If the work does not allow leaving the office, then the employer installs devices for heating food, etc. there.

When the organization allocates time for heating, heated rooms are provided for this.

Breaks during the working day at the computer

The Labor Code in force in the Russian Federation and the Decree of the Chief Russian Sanitary Doctor (you can download the decree above) regulate breaks during the working day from the computer.

It says:

1. If during a shift a person reads less than 20 thousand characters from a computer monitor, then work is interrupted after 2 hours from the moment the shift started, after the same time after the lunch break ended. Each time it takes 15 minutes to keep yourself in top shape.
2. If a citizen reads up to 40 thousand characters from a computer per day, then work is interrupted after 2 hours from the beginning of any shift, after lunch, work is interrupted after 1.5-2 hours, each time specialists leave the computer for 15 minutes. This is the first option, the second requires giving people 10 minutes every working hour.
3. A load of 60 thousand characters requires interrupting any work at the computer 2 hours after the start of the shift, the same time after lunch. Each time the employee is allowed to leave the computer for 20 minutes, that is, the duration is sufficient. Another option suggests leaving the computer every hour for 15 minutes.

If the shift is more than 8 hours, then after the specified time, work stops hourly, the duration of the warm-up is 15 minutes. The specified duration is necessary to maintain health every day.

Breaks during the working day while standing

The Labor Code of the Russian Federation (you can download it above) does not regulate the issue of maintaining health during the day with standing activity. But the employer already has many opportunities to offer employees time for nutrition, keeping fit, and health.

That is, their management has the right to make lunch longer, in addition, special breaks for heating and rest are widely used in the Russian Federation for these purposes, which make it possible to make their duration optimal, including for the necessary nutrition.

Breaks during the working day when working 12 hours

Our Labor Code (you can download it above) allows you to make rest periods up to 2 hours for any shift, which will be enough to maintain health and shape. In addition, management has the right to divide all the time into periods of varying duration, which further contributes to recuperation and healthy eating.

The profile code also allows the use of special breaks if people are cold. Their duration is regulated by the specific conditions of the working day.

Labor legislation requires employees to be provided with special breaks due to production technology. The technical break is set by the employer, but there are regulations for such a break. Let's consider them.

Technical or technological break

According to Article 107 Labor Code In the Russian Federation one of the types of rest time is recognized as breaks during the working day.

As follows from Article 109 of the Labor Code of the Russian Federation, certain types work implies the need to provide employees with the opportunity to relax during the working day. This is due to the specifics of technology, production and working conditions. A specific list of such work and the procedure for granting appropriate breaks are fixed in the internal regulations.

Such breaks can be, for example:

• technological break for airing the room due to the concentration of harmful substances in the air;
• a break for cleaning the premises due to regular pollution with waste generated during production or processing;
• a break for updating information from external sources received online, etc.

According to Rostrud, technological breaks during working hours refer to this (working) time (Letter of Rostrud dated April 11, 2012 N PG / 2181-6-1). In other words, such breaks do not increase the length of the working day, but are included in it.

Break while working at the computer

One of the types of work for which the Labor Code provides for a clear regulation of the provision of a technological break is working at a computer.

The procedure for organizing work for persons whose work is related to computer technology, regulate, in particular, SanPiN 2.2.2 / 2.4.1340-03 (approved on May 30, 2003).

Depending on the type of work and the degree of load, Appendix 7 to SanPiN 2.2.2 / 2.4.1340-03 establishes that the rest time for the type of work in question should be from fifty to one hundred and forty minutes during the working day.

The Model Instruction TOI R-45-084-01 (approved on February 2, 2001, hereinafter referred to as the Instruction) contains a more detailed regulation of the issue under consideration.

According to the Instructions, the duration of work with a computer without a special break cannot be more than two hours.

The purpose of providing such a break is to reduce tension, eye fatigue, etc.

Technological breaks during a 12-hour working day

According to the Guidelines MP 2.2.9.2311-07. 2.2.9 (approved by the Chief Sanitary Doctor on December 18, 2007) when working in a twelve-hour day shift with average labor intensity, it is recommended to provide two lunch breaks, four additional breaks of 10 minutes each, as well as time for short sleep lasting 45-60 minutes after the first lunch break.

This measure is aimed, among other things, at preventing the stressful state of employees and, as a result, at improving working conditions and the health of employees.

At the same time, we draw attention to the fact that this document is advisory in nature, and the List of measures to improve labor protection, approved by the Order of the Ministry of Health and Social Development of Russia dated March 1, 2012 N 181n, does not contain measures from this document.

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 defined 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 hours 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 dispatchers, managers air traffic 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 long-distance transportation, after the first 3 hours of continuous driving, the driver is given a special break to rest 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 RF dated 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 the 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 aforementioned 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 premises;

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.

Man is not a machine; he is unable to work without respite. He needs to eat, and drink tea, and stretch.

How often can you be distracted from your duties without risking a severe reprimand? Who is entitled to additional breaks on a daily basis?

Rest at work according to the Labor Code of the Russian Federation

In Russia, regulated breaks are defined by fairly transparent rules. All statutory rest periods are logically divided into two types - unpaid and paid.

Unpaid breaks

Paid breaks

Sometimes working conditions do not allow employees to go to lunch at standard times. In such circumstances, the following are approved included in working hours and paid breaks provided for by the Labor Code of the Russian Federation:

Employees working in the cold season in the open air 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.

workers mothers of young children(under the age of one and a half years) but have the right to leave several times a day to feed the child. Breaks must be provided to them at least every 3 hours, lasting at least 30 minutes each. If there are two or more babies, the duration of the break must be at least one hour.

Technological pauses are paid. Their duration directly depends on the nature of the work. For example, with constant interaction with video display terminals, a specialist should be distracted from the screen for 10 minutes every 45-60 minutes of work. Free ten minutes are needed to restore concentration.

Tea breaks, adopted in most offices, are not fixed in labor legislation. As a rule, workers drive teas as long as their conscience allows them.

During the working day (shift), the employee must be given a break for rest and meals of no more than two hours and no less than 30 minutes, which is not included in working time. Internal labor regulations or employment contract it may be provided that the specified break may not be granted to the employee if the duration of daily work (shift) established for him does not exceed four hours.

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.

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

Commentary on Art. 108 Labor Code of the Russian Federation

1. The Labor Code establishes only the maximum and minimum duration of breaks for rest and meals, which are not included in working hours and are not paid.

2. The specific duration of such breaks and the procedure for their provision are established by the internal labor regulations or by agreement of the parties to the employment contract.

3. Places for employees to eat and rest during working hours, as well as the list of such work, are determined by the internal labor regulations.

4. For certain categories of workers, in particular those who work in transport, the duration of the break for rest and food and the procedure for its provision are determined in special provisions on the peculiarities of the regime of working hours and rest time.

Second commentary on Article 108 of the Labor Code

1. Changes made to Art. 108, consist in the exclusion from the text of parts 2 and 3 of the word "organization". This is quite justified, since throughout the Labor Code of the Russian Federation a line is drawn to ensure the operation of its norms and other norms governing labor relations, not only in organizations, but also in individual entrepreneurs. The same change was made in the following articles (, etc.).

2. Text of art. 108 of the Labor Code of the Russian Federation almost completely corresponds to the text of Art. 57 of the Labor Code of 1971. In addition to the previous norms regarding breaks for rest and meals, in Part 1 of Art. 108 of the Labor Code of the Russian Federation, not only the maximum (no more than two hours), but also the minimum (at least 30 minutes) duration of this type of rest is established.

However, it is difficult to provide a break for rest and meals lasting at least 30 minutes where work is organized according to a three-shift schedule. At the same time, one hour, by which the night shift should be reduced, is divided into all three shifts.

If the work schedule does not allow strictly observing the duration of the break for rest and meals, the employer must provide the employee with the opportunity to rest and eat during working hours in accordance with Part 3 of Art. 108 of the Labor Code of the Russian Federation.

3. Art. 108 of the Labor Code of the Russian Federation there is no indication of the need to provide a break for rest and food, as a rule, four hours after the start of work (compare with part 3 of article 57 of the Labor Code of 1971).

The issue of the time of providing a break for rest and food, as well as its specific duration, should be decided by the internal labor regulations of the organization or by agreement between the employee and the employer.

4. It has become a practice that part-time workers work without a break for rest and food.

Apparently, the issue of granting these workers the specified break can be decided depending on the duration of part-time work by agreement between the employee and the employer.

5. Due to the fact that in accordance with the time of rest, including a break for rest and meals, the employee can use at his own discretion, he has the right to leave the place of work for this time (including from the territory of the organization with which he is labor relations).

6. In this regard, breaks for rest and meals are not included in working hours.

7. The solution to the issue of organizing meals at work, where, due to the conditions of production (work), it is impossible to provide a break for rest and food, it is referred to the level of local regulation.

The obligation of the employer in such cases to provide the employee with rest and meals during working hours is implemented in the internal labor regulations. They should provide a list of such work, as well as places for rest and eating.