Certain types of work sometimes require preparation time for their execution or completion. For example, a salesperson, a welder or a doctor needs to put on overalls to start the working day, and a cashier needs to remove the cash register to finish the working day. Sometimes quite a lot of time is spent on this, and a decent number of hours accumulate over the reporting period. What breaks should employees be given during work? If the working day starts, for example, at 8 am, do you need to do all the preparations before this time or can you do it after? Is the time for preparation for work and its completion included in working hours? Do I need to pay for this time?

Working hours and rest time

First, let's figure out what time is considered working. By virtue of Art. 91 Labor Code of the Russian Federation working time is understood as the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties. Also, other periods are included in working time, which, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation, relate to such (for example, a business trip, downtime through no fault of the employee).

Start and end times according to Art. 100 Labor Code of the Russian Federation established by the internal labor regulations, which the employee is obliged to comply with due to Art. 21 Labor Code of the Russian Federation.

As you can see, during working hours, the beginning and end of which is provided for by the internal regulations, the employee must fulfill his labor duties established by the employment contract. This means that the employee is not entitled to use working time for any other purpose than work.

But in accordance with the provisions of art. 106 of the Labor Code of the Russian Federation, an employee is entitled to the time during which he is free from the performance of labor duties and which he can use at his own discretion - rest time. Article 107 of the Labor Code of the Russian Federation the following types of such time are established:
- breaks during the working day (shift);
- daily (inter-shift) rest;
- days off (weekly uninterrupted rest);
- non-working holidays;
- holidays.

Consider breaks during the working day, since they are of interest to us.

Non-paid breaks during working hours
Labor legislation has established various types of breaks during the working day. The introduction of breaks will reduce the fatigue of employees and, accordingly, increase labor productivity. Some of these breaks, according to the norms of the Labor Code of the Russian Federation, are included in working hours and are subject to payment. But the employee can use some breaks at his own discretion, even leave the territory of the organization where he works. One such break is lunch.

Break for rest and meals
According to Art. 108 Labor Code of the Russian Federation during the working day (shift), the employee must be provided with a break for rest and meals lasting no more than two hours and no less than 30 minutes. Such a break is not included in working 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.

When determining the duration and frequency of providing breaks during working hours, you can use the Intersectoral Methodological Recommendations "Determining the standards for time for rest and personal needs", approved by the USSR State Labor Committee. At jobs where, due to the conditions of production (work), it is impossible to provide a break for rest and nutrition, 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.

Sleep break
Such a break is established only for certain types of work. In particular, in accordance with the Regulations on the peculiarities of the working hours and rest periods of employees engaged in civil aviation air traffic control, when working on the night shift, the controller must be given an additional break of one hour with the right to sleep in a specially equipped room. Such a break is not included in working hours and is not payable.

Work breaks included in working hours and payable
We noted above that not all breaks are included in working hours and are paid. In addition to a break for heating and rest, we will name other periods that may be included in working hours.

Nursing breaks
Such breaks are provided to working women with children under the age of one and a half years, at least every three hours, lasting at least 30 minutes each ( Art. 258 of the Labor Code of the Russian Federation).

If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.

Breaks for feeding, at the request of the employee, can be attached to a break for rest and meals, or in a summarized form transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her).

Breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.

Based on the Regulations on the peculiarities of the regime of working hours and rest time of employees who control the air traffic of civil aviation, the controller's working time includes the time:
- to perform technological duties, including the time of transfer and acceptance of duty;
- for professional and (or) technical studies (no more than 8 hours per month);
- for briefings, analysis (no more than an hour per shift);
- pre-shift medical examinations (up to 5 minutes per shift per person);
- simulator training and testing of theoretical knowledge according to the norms approved in the established order;
- special breaks for rest;
- preparation of flight directors or senior shift controllers for briefing (no more than 30 minutes per shift).

Special heating breaks
Except lunch break Art. 109 of the Labor Code of the Russian Federation provides for the provision of special breaks for heating and rest, due to the technology and organization of production and labor:
- employees working in the cold season in the open air or in closed unheated premises;
- loaders engaged in loading and unloading operations;
- other employees as needed.

To determine the frequency and time of such breaks, employers can be guided by the Methodological recommendations "Work and rest regimes for workers in cold weather in an open area or in unheated premises"

(MR 2.2.7.2129-06) .
The employer is obliged to provide equipment for heating and resting rooms for employees, in which the temperature must be maintained at a level of 21 - 250C. The room should be equipped with devices for heating the hands and feet. Work in the cold should begin no earlier than 10 minutes after taking hot food (tea, etc.).

Such a break is included in working hours and is subject to payment.

The time when the employee is not working, but the law classifies such time as working
It also happens that the employee does not work, but according to labor law, this time is considered working and is payable. For example, an employee performs jury duty or other state or public duties ( Art. 170 of the Labor Code of the Russian Federation). So, citizens participating in measures to ensure the fulfillment of military duty or entering military service under a contract, for the time of participation in these events at their place of permanent work, are paid average earnings, they are reimbursed for the costs associated with hiring (sub-hiring) housing and paying for travel to another locality and back, as well as travel expenses ( paragraph 2 of Art. 5 of the Federal Law of March 28, 1998 No. 53-FZ"On military duty and military service").

Technological breaks
Sometimes the employer is obliged to establish work breaks for certain categories of employees and conditions for performing work. Basically, such breaks are set for PC users. The regulations governing the granting of such breaks are:
- Standard instruction on labor protection when working on a personal computer ( TOI R-45 084 01) ;
- SanPiN 2.2.2/2.4.1340-03 approved Decree of the Chief State Sanitary Doctor of the Russian Federation dated 03.06.2003 No. 118.

If an organization has introduced an eight-hour working day, then breaks must be set:
- for work with a load level per shift of up to 20,000 characters - 2 hours after the start of the work shift and 2 hours after a lunch break of 15 minutes each;
- for work with a load level of up to 40,000 characters - after 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 15 minutes each or a duration of
10 minutes every hour of work;
- for work with a load level of up to 60,000 characters - after 1.5 - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 20 minutes each or 15 minutes after each hour of work.

With a 12-hour work shift, regulated breaks should be set in the first 8 hours of work similar to breaks for an eight-hour work shift, and during the last 4 hours of work (regardless of the category and type of work) - every hour lasting 15 minutes.

The time of such breaks is included in working hours and is subject to payment.

Other breaks included in working hours
For some categories of employees, regulatory enactments establish other breaks during the working day, which the employer is obliged to provide and include them in working hours. In particular, in accordance with the Regulations on the peculiarities of the regime of working hours and rest time for drivers, in addition to the driving time itself, the following breaks are included in working hours:

Time of special breaks for rest from driving on the way and at the final points;

Parking time at points of loading and unloading of goods, at places of embarkation and disembarkation of passengers, at places where special vehicles are used;

The time of work to eliminate the operational malfunctions of the serviced vehicle that occurred during work on the line, which do not require disassembly of the mechanisms, as well as the performance of adjustment work in the field in the absence of technical assistance;

The time spent at the driver's workplace when he is not driving a car, when two drivers are sent on a flight (it is counted in the amount of at least 50%).
The employer is obliged to provide employees of certain industries with other breaks during the working day and pay for them, for example:

Workers performing fire-retardant coating should be provided with ten-minute breaks every hour of work, technological operations for the preparation and application of solutions should be alternated during the working week ( clause 21.3 SanPiN"Hygienic requirements for the organization of construction production and construction work" (put into effect Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));

When working on the organization of freight transportation on railway transport, which is carried out in gas masks and respirators, workers 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 ( clause 3.5.6 of SP 2.5.1250-03 put into effect Decree of the Chief State Sanitary Doctor of the Russian Federation dated 04.04.2003 No. 32).

Time to prepare for work
The question that worries most personnel officers is whether it is necessary to include in the working time the employee spends preparing for the performance of labor duties (for example, the time for workers to put on overalls, turn on equipment, machines and mechanisms, sellers wipe dust from the counters and performed other duties)?

The time for preparation for work is not named in any norm of the Labor Code of the Russian Federation. That is, the time for changing clothes, turning on equipment, machine tools and other activities necessary to start work, as well as at its completion, the Labor Code does not attribute to either working time or rest time.

However, in practice, the time of preparing the workplace, turning on the machines and equipment, receiving the order, receiving and preparing materials, tools, preparing and cleaning the workplace is included in the working time. At the same time, taking into account the fact that Art. 91 Labor Code of the Russian Federation grants the employer and employee the right to determine the principles for regulating working hours, the issues of including the above time periods in working hours should be decided by them independently by agreement. When making a decision, it is necessary to understand whether the actions that the employee must perform are an integral part of his work function. If without certain actions that the employee must perform before starting work, he will not be able to perform his job duties, the time spent on their performance should be included in the working time and payable.

The decision made is fixed in a local regulatory act (usually such an act is the internal labor regulations).

For certain categories of personnel, preparatory activities are included in working hours by regulatory enactments. In particular, on the basis of the Regulations on the peculiarities of the working hours and rest time of car drivers, the driver’s working hours include preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for long-distance transportation - to perform work at the point turnover or on the way (at the parking lot) before the start and after the end of the shift, as well as the time of the medical examination of the driver before leaving the line and after returning from the line.

At the same time, the composition and duration of the preparatory and final work included in the preparatory and final time, and the duration of the medical examination of the driver are established by the employer, taking into account the opinion of the representative body of the employees of the organization (if any).

This time is payable.
Will the time spent before and after work on preparatory and final activities be processing?

Suppose an employee has a working day that starts at 9 o'clock in the morning. Accordingly, at exactly 9:00 a.m., he must begin his labor duties. Changing clothes (changing shoes), breakfast at the workplace, reading news sites, etc., the employee must do before the start of the working day, that is, before 9 a.m. Some personnel officers believe that the arrival of such an employee before the start time of work forms processing and this should be paid as overtime. Nothing like this. During the time that the employee spends on himself, he does not fulfill his job duties prescribed to him by the employment contract and job description. And on the basis Art. 99 Labor Code of the Russian Federation overtime work - work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

In addition, the involvement of an employee in overtime work is carried out only with the written consent of the employee, and if dressing and other personal matters were such work, the employer would need to follow the procedure for engaging in overtime work every time.

Finally
So, during working hours, the beginning and end of which are established in the internal regulations, the employee must deal with his direct labor duties stipulated by the employment contract. He can deal with personal affairs only during rest ( Art. 108 Labor Code of the Russian Federation) or during special breaks ( Art. 109 of the Labor Code of the Russian Federation).

Note that the employer for the use of working time for personal purposes has the right to bring the employee to disciplinary liability for Art. 192 Labor Code of the Russian Federation- make a remark, announce a reprimand and even dismiss on appropriate grounds. At the same time, the employer cannot apply any other disciplinary sanction (for example, a fine) to the employee. In addition, the current labor legislation does not provide for such a type of disciplinary sanction as a fine.

Breaks during the working day (shifts)

During the working day (shift), employees must be provided with a break for rest and food (Article 108 of the Labor Code) and breaks for heating and rest (see Article 109 of the Labor Code).

Breaks during the working day (shift), depending on the purpose for which they are provided, are divided into general and special. General breaks are established for all categories of workers, and special breaks for individual ones.

A break is considered to be a break. in work for rest and food. Thus, according to 108 of the Labor Code of the Russian Federation, during the working day, employees must be given a break for rest and food (lunch break), which is not included in working hours. By virtue of this norm, a lunch break is provided for no more than 2 hours and no less than 30 minutes. Break time for rest and meals is not included in the working time and is not paid.

Consequently, the employee has the right to be released from work during the working day (shift) lasting from thirty minutes to two hours. The employee can use this time at his discretion. In turn, the employer has an obligation corresponding to this right to provide the employee with a daily break of the specified duration.

As stated earlier, this break is not subject to payment in accordance with the law. However, the employer may, at his own expense, pay employees for the time of such a break. In such a situation, the position of employees in comparison with the legislation is improving, and, therefore, the actions of the employer are legal and justified.

The specific duration of breaks (within 2 hours) and the time of their provision at each enterprise are established by the internal labor regulations, or by agreement between the employee and the employer. As a rule, a break for rest and eating is provided after four hours of work.

The duration of the break, its start and end times are determined based on the specific conditions and specifics of the activities of each unit and taking into account the existing catering organization in it. The presence in the organization of specially equipped places for eating allows the employer to set the duration of such a break from 30 to 45 minutes. For the convenience of workers, breaks for rest and meals may be provided to them at different times so that they do not waste their time off from work in the queue for food. To achieve this goal, a break for rest and eating can be established for employees of structural divisions of the organization at different times. Establishing a break of 45 minutes during the working day (shift) allows you to reduce work on the last working day with a five-day working week by 1 hour. 15 minutes (15 minutes x 5 days).

The time for providing a break for rest and eating during the working day (shift) and its specific duration can be determined by agreement between the employer and the employee, in particular by including an appropriate condition in the employment contract. This agreement must be in writing. The absence of written evidence of its conclusion deprives the parties of the employment contract of the right to refer to witness testimony to confirm its terms.

The absence in the internal labor regulations of the organization, the employment contract, the annex to it of the condition for granting a break during the working day (shift) allows the employee to independently use this break, since its provision does not depend on the discretion of the employer. In this case, the employee's actions should be recognized as legal if the duration of this break did not exceed two hours, that is, the duration established by law.

However, the legislation provides for cases when the employer has the right not to provide employees with this break. In part 3 of Art. 108 of the Labor Code of the Russian Federation states that at work where, according to the conditions of production (work), it is impossible to provide a break for rest and eating, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. In this case, the employer, as a rule, organizes meals for employees at the workplace. The duration of rest and meals in such a situation lasts no more than thirty minutes, since the use of 30 minutes means providing a break for rest and meals.

The list of jobs at which it is impossible to provide a break for rest and meals, as well as places for rest and meals by employees employed in these jobs, are established by the internal labor regulations. Providing the employer with rest and meals during working hours improves the situation of employees, since a break of up to 30 minutes provided for this purpose is payable, since it is included in working hours.

For certain categories of workers, in particular workers whose work is directly related to the movement of vehicles, the duration of the break for rest and food and the procedure for providing it are determined in special provisions on the peculiarities of the regime of working hours and rest time.

So, according to clause 9 of the Regulations on the peculiarities of the regime of working hours and rest time of employees who control the air traffic of civil aviation of the Russian Federation, the air traffic controller when working on the night shift should be given an additional break of 1 hour with the right to sleep in a specially equipped room.

In addition to the lunch break during the working day (shift), employees can provided with short breaks for rest and personal needs, which are included in working time by taking them into account when establishing labor standards.

For certain types of work, it is planned to provide employees during the working day (shift) special breaks conditioned by technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations.

Special breaks include, for example, breaks for industrial gymnastics, breaks provided for those working in a forced rhythm (on the assembly line, etc.), breaks for professional computer users.

In part 2 of Art. 108 of the Labor Code of the Russian Federation states that employees working in the cold season in the open air or in closed unheated premises at the construction site in winter (for example, on the construction and repair of roads, etc.), as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest. In accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, the employer is obliged to provide such employees with specially equipped rooms for rest and heating.

Special breaks may also be provided for by regulatory legal acts. After the first three hours of continuous driving, after the first three hours of continuous driving, car drivers in accordance with the Regulations on the peculiarities of the working hours and rest time of car drivers (approved by order of the Ministry of Transport of Russia dated August 20, 2004 No. minutes. In the future, breaks of this duration are provided for no more than every two hours.

Special breaks are included in working hours and paid. In cases stipulated by the Labor Code, employees may be provided with target breaks. Working women with children under the age of one and a half years, in addition to a break for rest and food, are provided with additional breaks for feeding the child (children). Such breaks shall be provided at least every three hours of continuous work of at least 30 minutes each. If a woman has two or more children under the age of one and a half years, the duration of the break for feeding should be at least one hour. At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her). Breaks for feeding the child (children), as well as special breaks, are included in working hours. They are payable in the amount of average earnings (Article 258 of the Labor Code).

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

In accordance with Article 107 of the Labor Code of the Russian Federation, breaks during the working day are recognized as one of the types of rest time.

As follows from Article 109 of the Labor Code of the Russian Federation, certain types of work imply 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 is regulated, in particular, by 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.

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 a healthy lifestyle, 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 has fixed different ones in the regulations, and several more options can be approved by the head of the company, 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, when the manager approves only the total time of the 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 a woman for some reason cannot breastfeed her child and gives him artificial formulas, for this reason the employer sometimes tries to refuse to allocate additional rest time, this is regarded as a direct violation of the labor legislation of the Russian Federation by 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, talking with a colleague over a cup of coffee or tea are not established by the legislator, but in all sorts of methodological recommendations, in order 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 the 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 on railway tracks and the use of respiratory protection equipment, the rest should be at least 15 minutes at a remote distance from the place where it is possible to remove the protective equipment;
• employees of postal departments, the cadastral chamber, who 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 decision 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, workers 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.

You will be interested

Information about which breaks are included in working hours and paid is contained in the Labor Code and other regulations. Supervisors are required to adhere to the established rules for granting breaks to their staff. In addition, they bear a certain responsibility, so they can neither shorten the duration of the break, nor prohibit it altogether.

Kinds

Every employer knows that he is obliged to provide his employees with a certain number of breaks during the working day. When it comes to a break, a working person immediately remembers lunch or free time for smoke breaks. But according to the labor legislation of the Russian Federation, there are much more of them.

Conventionally, they are divided into several groups:

• are common;
• special;
• mandatory;
• recommended;
• paid;
• unpaid.

This classification allows you to determine which rest periods can be used by all employees, and which only by representatives of a narrow circle of professions. The general ones just include a lunch break and other types of work stoppages for personal needs. Special breaks are used in various industries where employees need additional free time, as well as for certain categories of employees (employees with small children, etc.).

If we talk about mandatory and recommended breaks, then the first ones are the responsibility of the management, and the second ones are provided as needed and on the basis of internal local acts. Most daytime rest periods must be paid, but there are some that are not.

All information about breaks, including their duration, is determined by a large number of documents. These are collective, labor contracts, as well as the relevant internal regulations.

Unpaid

Not all employees know if a lunch break is included in their pay. Oddly enough, but a break for rest and meals during the working day is not subject to mandatory payment. The employee can spend this time at his discretion. That is, not only to have lunch or relax, but also to leave work for personal needs.

But there are also exceptions. For example, teachers do not stop working, going on personal business during the holidays. The time of their lunch coincides with the lunch of the students, as well as its duration. Therefore, they have a break for rest and food paid.

Read also The procedure for registration of part-time work at the initiative of the employee

The lunch break has its own specifics depending on the type of activity of the employee. According to the Labor Code of the Russian Federation, lunch can last from half an hour to two hours and in most cases is never included in the work process. What duration to set, minimum or maximum, is decided by the boss. For example, drivers, as well as air traffic controllers, have two lunch breaks with an 8-hour working day. In addition, the dispatcher is also entitled to one additional hour of rest.

Persons who do not have an 8-hour working day, but less, also need time to rest and recuperate. Part-time workers and those who work part-time can count on a minimum lunch period. In terms of duration, it rarely takes half an hour. The employer also has the right to provide such subordinates with work during the period of the working day when there is no need to go to lunch.

Paid

There are a number of breaks that management must include in working hours, and then pay. There are few of them, but they are all regulated by the Labor Code of the Russian Federation and other regulations.

Feeding

This type of recreation should be provided to young mothers with children under 1.5 years old. The break interval is 30 minutes of rest every 3 hours. If an employee has several children of this age, then its duration should be at least 1 hour.

Reference: the boss has the right, at the request of the subordinate, to summarize these breaks and transfer them to the beginning, middle or end of the shift. Thus, the working day of a woman is significantly reduced.

Heating

This termination of the workflow is classified as special, as it is used only for special types of work. It can be counted on:

• persons engaged in labor activity on the street or in an unheated room;
• subordinates working on loading and unloading operations.

According to the rules specified in these recommendations, the air temperature in the room should be in the range of 21-25°C. When establishing the frequency and duration of such breaks, employers use special Guidelines. Much depends on the number of working days and days off.

If the personnel is engaged in the construction of underground structures and uses a vibrating tool, then the rest time is 15 minutes for every 40 minutes of work. In addition, the air temperature in the heating room must be at least 40 ° C. Such a termination of the work process is required by law to be paid.

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Technical breaks

The employer is obliged during working hours according to the Labor Code to establish special breaks. Their conditions depend on the nature of the work that the staff performs. If a subordinate working at a computer has an 8-hour working day, then technical breaks should be as follows:

1. Load level up to 20 thousand characters. There are two breaks of 15 minutes each, 2 hours after the start of work and after lunch.
2. Load level up to 40 thousand characters. There are also two rest periods of 15 minutes, but management may set a break of 10 minutes hourly instead.
3. Load level up to 60 thousand characters. An employee can use two breaks of 20 minutes two hours after the start of the shift and the end of lunch. Their employer can replace breaks of 15 minutes after 1 hour.

With a 12-hour working day, the manager in the first 8 hours of work must establish breaks that are used when the employee has an 8-hour working day. For the next 4 hours, the break time must be at least 15 minutes every hour.

Other breaks

There are a number of professions in which additional time for rest is provided. All of them are contained in various regulations. For example, the Regulation on the mode of work and rest of drivers contains the following types of breaks:

1. Special breaks for drivers to rest while driving.
2. Downtime during loading and unloading, as well as boarding and disembarking people.
3. The period of time when the driver is in the car, but it is being driven by another driver.

As for other specialists, the remuneration includes:

1. For fire retardant employees, the employer must allow at least 10 minutes of rest every hour.
2. For employees whose duties include organizing freight transportation using special protection, the hourly rest should be at least 15 minutes.

Labor legislation provides for a time when a person does not work, but he is still paid. How much time can be spent by an employee on additional duties, and what cases will not be considered absenteeism? In this case, we are talking about the fact that the employee performs various social duties. These may be juror duties, military service, etc.