12.10.2019

Paid breaks during working hours. Big encyclopedia of oil and gas


The current labor legislation obliges to fulfill and provide all employers, without exception, to their employees with all full-fledged breaks during the working day. All existing breaks, despite their variety, can be divided into only two important types: some are not included in the working time schedule and, accordingly, no one pays for them, while others are included and paid. Now let's take a closer look at breaks during the working day.
During the entire working day, any employee has the right to take a break for rest and lunch. This break should be at least thirty minutes, but at the same time and no more than two hours. A more accurate duration is determined based on the work itself and its conditions. This break is called Lunch Break. It, like other regulated work breaks, must be complied with by the employer. During this time, the employee can do anything, as this time is usually not paid.
Also, regulated breaks include in their lists and break for feeding the baby. They do not last half an hour and are provided every 3 hours. If a woman has more than one child under one and a half years, then the breaks should last at least an hour. All this is negotiated in advance when drawing up the contract. It still depends on the condition of a particular child. Breaks for feeding a child are included in working hours and must be paid based on average earnings. If the work does not allow feeding the child on time, then the employer is obliged to transfer the woman to another, freer job, with an average salary not less than in the previous job.
Breaks are required during the working day of the shift approximately every hour. In order not to lose the created work setting in this case, the breaks should last from five to ten minutes. This will restore the most important physiological functions. In the case when the work is very monotonous, it is recommended to take breaks every half hour, but reduce the time to several minutes. The same rule applies to work with increased nervous tension. When performing work involving high physical activity, a break can be every two hours for 10-20 minutes, depending on working conditions.
In addition to the time allotted for rest, it is necessary to count off about fifteen minutes daily for natural needs. This can be time for doing industrial gymnastics, breaks for a cup of tea or coffee and, of course, smoke breaks. These breaks must be included in working hours. They are taken into account when setting labor standards. But still, the optimal time is chosen from the nature of the work and working conditions. Not unimportant, too, is a simple decision of the authorities.
Any breaks that are optimally balanced in time allow you to correctly alternate the time of work and rest throughout the entire working day established by the contract. This significantly lowers the chances of contracting occupational diseases and increases the productivity of each worker. Therefore, they are mandatory for every employer.

Labor law requires employees to be granted special breaks due to production technology. A 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, one of the types of rest time is considered to be breaks during the working day.

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. The specific list of such works and the procedure for granting the appropriate breaks are fixed in the internal regulations.

These breaks, for example, can be:

  • a 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 belong 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 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 under consideration should be from fifty to one hundred and forty minutes during the working day.

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

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

The purpose of this break is to reduce stress, eye fatigue, etc.

Technological breaks with a 12-hour working day

According to the Methodological Recommendations МР 2.2.9.2311-07. 2.2.9 (approved by the Chief Sanitary Physician on December 18, 2007) when working in a 12-hour day shift with an average work intensity, it is recommended to provide two lunch breaks, four additional breaks of 10 minutes, as well as time for short-term sleep of 45-60 minutes after the first lunch break.

" № 8/2015

What breaks are provided for employees by labor legislation? What are the specifics of giving time for lunch? Who can have special breaks? In what order are nursing breaks granted? What are the recommended breaks?

Not all employees can work from morning to evening without rest all the time. Nobody demands that from them. The legislation provides for breaks during the working day, primarily for rest and meals. But there are other breaks as well. And if now hardly anyone is left without lunch, other types of breaks are not always provided - and in vain, since it is possible to prosecute for non-compliance by the employer with the requirements of the legislation on the rest regime. Consider which breaks and which categories of workers are entitled to.

Speaking about breaks during the working day, let's say right away that they can be divided into mandatory, which the employer must provide, and recommended, which he is not obliged to provide, but can be established by local regulations. And in this case, the provision of such breaks will also become mandatory.

Compulsory breaks include:

  • rest and food;
  • heating and relaxation (special);
  • feeding the baby,
  • as well as the rest of persons driving vehicles.

Recommended breaks include breaks for people working at computers or in high temperatures. In addition, each organization may provide special breaks, for example, for psychological relief, short-term rest.

Almost all breaks are included in working hours and are subject to payment - with the exception of breaks for rest and meals. And now everything is in order.

Time for rest and food

Employers of all organizations (both non-profit and commercial) are obliged to provide employees during the working day (shift) with a break for rest and food. This obligation is established by Art. 108 of the Labor Code of the Russian Federation. This break can last from 30 minutes to 2 hours. The specific duration is established by a local act of the organization, usually by the rules of the internal labor schedule.

note

Since the break for rest and eating is not included in working hours and is not paid, the employee can use it at his own discretion and leave the place of work.

However, workers of certain categories cannot interrupt the performance of their work duties and they are not provided with a break for eating on the basis of regulatory legal acts. These include, in particular, teachers and employees of educational institutions. According to the Order of the Ministry of Education and Science of the Russian Federation of March 27, 2006 No. 69 "On the peculiarities of the working hours and rest hours of pedagogical and other employees of educational institutions", these employees are provided with the opportunity to eat simultaneously with students, pupils or separately in a room specially designated for this purpose. In such cases, the lunch break is included in business hours and is payable.

When setting the length of the lunch break, the question arises: is it possible to set a different duration of the break or the timing of its provision for employees of different positions?

Since no prohibitions have been established by the Labor Code, the employer has the right to establish different lengths and break times for workers of various categories, moreover, this will most likely have to be done if the organization has established several working time regimes, that is, some employees work for five days. working week with two days off, some in shifts, etc. And for some specialties, regulatory legal acts establish separate requirements and recommendations. Thus, the Order of the Ministry of Transport of the Russian Federation dated 20.08.2004 No. 15 approved the Regulations on the specifics of the working hours and rest hours of car drivers (hereinafter referred to as the Regulations), which should be taken into account when drawing up work (shift) schedules for drivers of organizations of all forms of ownership.

According to clause 24 of the Regulation, drivers of organizations working in shift mode, the duration of the shift in which is more than 8 hours, may be provided with two breaks for rest and meals with a total duration of no more than 2 hours and no less than 30 minutes. In this case, the time for granting a break for rest and meals and its specific duration (total duration of breaks) are established by the employer, taking into account the opinion of the representative body of employees or by agreement between the employee and the employer.

note

If the time and duration of a break for rest and meals for some categories of employees of the organization differs from the generally established ones, this should be reflected not only in the internal labor regulations, but also in the labor contract with employees (Article 57 of the Labor Code of the Russian Federation).

Difficulties in establishing a break for rest and meals can arise when an employee works part-time or part-time, and his working day is, for example, 2 hours. What to do in this case - to establish such a break or not? Especially if the employee himself refuses it ...

Since Art. 108 of the Labor Code of the Russian Federation does not make any exceptions for those working on a part-time basis, the employer is obliged to establish a break regardless of the working hours and the length of the working day (shift). However, there is another opinion: under conditions of part-time work, the lunch break may not be provided. In addition, the Decree of the USSR State Labor Committee, the All-Union Central Council of Trade Unions Secretariat dated 04/29/1980 No. 111 / 8-51, which is still in force in the part that does not contradict the Labor Code, for example, states that a break for rest and meals is granted to women who work part-time time, if the duration of the working day (shift) exceeds 4 hours.

We adhere to the first point of view - that the obligation to provide breaks for rest and meals does not depend on the length of the working day and should be fulfilled in any case. Accordingly, the minimum break time should be set at 30 minutes.

If the employee does not use the lunch break

Sometimes the employee, for whatever reason, does not use the break set for him to rest and eat, but does his work at this time. Can the employer pay for this period? The answer is no. It is the employer's responsibility to provide employees with lunch breaks outside of working hours. An exception, as already mentioned, was made for categories of workers who cannot be granted such breaks. But the obligation to use the rest time for workers is not established, the choice is at their discretion - someone is resting, someone is working ... In any case, the employer should not pay for the rest and meals, if the employee worked during such a break.

For example, D., while working as a security guard at the MMBU “UDKh”, applied to the court with a demand to collect from the employer the wages for lunch time, since he performed his work duties during lunchtime. He believed that according to the conditions of production in MMBU "UDKh" provision of a break for rest and meals is impossible.

However, the court found that the workers' lunch break was established by internal labor regulations and labor contracts. In addition, these rules do not provide for a list of works on which, according to production conditions, it is impossible to provide a break for rest and meals. And according to the testimony of witnesses at the enterprise, there is no prohibition to leave its territory at lunchtime.

Thus, the court found no grounds for satisfying D.'s claims (Appellate ruling of the Murmansk Regional Court dated 08.04.2015 in case No. 33-967).

Organization of a place for rest and eating

In addition to the fact that the employer must set the time for employees to rest and eat, he must provide appropriate conditions for this, namely, equip special rooms. In part 3 of Art. 108 of the Labor Code of the Russian Federation states that in jobs where, according to the conditions of production (work), the provision of a break for rest and meals is impossible, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such jobs and places for rest and eating are established by the internal labor regulations.

And according to Art. 223 of the Labor Code of the Russian Federation, the employer is responsible for sanitary and household services and medical support for employees in accordance with labor protection requirements. For these purposes, the employer, in accordance with established standards, equips sanitary facilities, premises for eating, for providing medical care, for rest during working hours and psychological relief; posts are organized, equipped with first aid kits; apparatuses (devices) are installed to provide workers of hot workshops and sections with carbonated salt water; and etc.

Mandatory special breaks

One of the mandatory special breaks is the heating and rest break. In accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, it is provided to those working in the cold season in the open air or in closed unheated rooms, as well as to loaders engaged in loading and unloading operations, and other workers, if necessary. As already mentioned, such breaks are included in working hours.

In this regard, the employer is obliged to provide equipment for the premises for heating and rest of the employees. Methodical recommendations for the organization of heating and recreation were approved by the Chief State Sanitary Doctor of the Russian Federation. They, in particular, say the following:

  • in order to normalize the thermal state, the air temperature in the heating places should be maintained at a level of 21 - 25 ° C. The room should be equipped with devices for heating hands and feet, the temperature of which should be in the range of 35 - 40 ° C (p. 5.8);
  • in order to more quickly normalize the thermal state of the body and a lower rate of cooling in the subsequent period of being in the cold in the room for heating, you should take off your warmed outerwear, in connection with which it must be appropriately equipped (clause 5.9);
  • in order to avoid hypothermia, employees should not be in the cold during breaks in work for more than 10 minutes at an air temperature of up to -10 ° C and no more than 5 minutes at a temperature below -10 ° C (p. 5.10);
  • breaks for heating can be combined with breaks to restore the functional state of the employee after performing physical work. During the lunch break, the employee should be provided with hot meals. You should start working in the cold no earlier than 10 minutes after taking hot food (tea, etc.) (clause 5.11);
  • the duration of a single break for heating in a heated room should not be less than 10 minutes (clause 7.3).

For your information

Requirements for equipping rooms for heating can also be found in other regulatory legal acts. For example, by virtue of clause 16.2.10 of the Safety Rules for the construction of underground structures, approved by the Resolution of the Gosgortekhnadzor of the Russian Federation dated 02.11.2001 No. 49, when working in frozen soils with a manual vibration tool, breaks for hand warming should be arranged every 40 minutes for up to 15 minutes ... In the heating station, additionally install hand warmers with a surface temperature of 40 ° C (+/- 2 ° C) or electric towels.

Please note that since the employer is obliged to organize places for heating and eating during the cold season, if he does not fulfill this obligation, the employee has the right to suspend work, and in this case he cannot be brought to disciplinary responsibility. But for the employer, failure to fulfill this obligation, as well as failure to provide the breaks themselves, is fraught with administrative liability.

Mandatory special breaks included in working hours include breaks for drivers of vehicles on international transport. So, according to clause 19 of the Regulation, after the first three hours of continuous driving, the driver is given a special break from driving on the road for at least 15 minutes, further breaks of this duration are provided for no more than every two hours. If at the same time the time for granting the special break coincides with the time for the break for rest and meals, the special break will not be granted.

A special additional break for an hour with the right to sleep is also required for traffic controllers who directly control the movement of aircraft during their night shift. The specified break is not included in the working hours.

Break for feeding the baby

And one more obligatory break, included in working hours and payable in the amount of average earnings, is a break for feeding a child.

According to Art. 258 of the Labor Code of the Russian Federation, working women with children under the age of one and a half years are provided, in addition to a break for rest and meals, additional breaks for feeding the child (children). Such breaks are provided at least every three hours, each lasting at least 30 minutes. If a woman has two or more children under the age of one and a half years, the break is set for at least an hour.

note

The obligation to provide breaks for feeding a child extends to fathers and other persons raising children without a mother, to guardians (trustees), including those who work part-time (Articles 264, 287, paragraph 15 of the Resolution of the Plenum of the RF Armed Forces of 28.01. 2014 No. 1 "On the Application of Legislation Regulating the Labor of Women, Persons with Family Responsibilities and Minors").

Such breaks are granted on the basis of the woman's application. If the woman indicates this in the application, the breastfeeding breaks can be added to the break for rest and meals, or summed up to the beginning or end of the working day (work shift) with a corresponding reduction.

In addition to the application, the employee should be asked for a child's birth certificate in order to determine exactly how long to set additional breaks: from the next day after the child turns one and a half, no feeding breaks are assigned.

By virtue of Part 2 of Art. 57 of the Labor Code of the Russian Federation with the employee, it is necessary to conclude an additional agreement to the employment contract indicating the duration and periods of granting breaks for feeding. On the basis of the application and agreement, the employer issues an order.

Since these breaks are payable in the amount of average earnings, they must be recorded in the time sheet.

note

If a woman, due to the nature of her work, cannot use breaks to feed a child, by virtue of Part 4 of Art. 254 of the Labor Code of the Russian Federation, on the basis of an application, she must be transferred to another job before the child reaches the age of one and a half years. At the same time, the payment for the work performed must not be lower than the average earnings for the previous job.

Note that a woman is entitled to breaks for feeding a child in any work schedule, in particular, if she works part-time.

In accordance with Part 1 of Art. 109 of the Labor Code of the Russian Federation for certain types of work provides for the provision of employees during working hours with special breaks due to the technology and organization of production and labor. These breaks must also be paid.

note

The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations.

These breaks include, for example, a rest break during the day for employees who are constantly working at the computer. According to the Standard instruction on labor protection when working on a personal computer TOI R-45-084-01, approved by Order of the Ministry of Communications of the Russian Federation dated 02.07.2001 No. 162, depending on the type of labor activity and the category of severity and intensity of work with a computer, regulated breaks should be established. To set the duration of breaks, you can use SanPiN 2.2.2 / 2.4.1340-03.

Clause 1.2 of Appendix 7 to these rules establishes three types of labor activity and three categories of severity and intensity of work with PVEM.

Depending on the category of labor activity and the level of workload per work shift when working with a PC, the total time of regulated breaks is set, which are presented in the table in clause 1.2 of Appendix 7, according to which, for example, with an 8-hour shift, this time is from 50 to 90 minutes ...

Additional breaks during the working day can also be established during work, of a special nature. According to Part 2 of Art. 100 of the Labor Code of the Russian Federation, the specifics of the working hours and rest hours of workers in transport, communications and others, whose work is of a special nature, are determined by the relevant executive authorities. For example, Order of the FSMN of the Russian Federation of September 26, 2013 No. 533 established that employees of the penitentiary system, when working at night with a shift duration of 12 hours or more, may be given an additional break of 1 to 4 hours.

The employer may set additional breaks when working in high temperatures. This also applies to people working in a warming microclimate.

For your information

The modes of work and rest of workers in a heating microclimate in a production building and in an open area during the warm season were approved by the Chief State Sanitary Doctor on December 28, 2010 (MR 2.2.8.0017-10. 2.2.8).

In addition, you can be guided by the Information of Rospotrebnadzor dated 07/30/2014 "Recommendations of Rospotrebnadzor for those working in conditions of high air temperatures." So, according to these recommendations, in order to prevent overheating of the body, it is necessary to organize a rational mode of operation. When working outdoors and an outdoor temperature of 35 ° C and above, the duration of the periods of continuous operation should be 15 - 20 minutes, followed by a rest of at least 10 - 12 minutes in refrigerated rooms. At the same time, the permissible total duration of thermal stress per work shift should not exceed 4 - 5 hours for persons using special clothing to protect against thermal radiation, and 1.5 - 2 hours for persons without special clothing.

Summarizing all of the above, we note the peculiarities of breaks during the working day (shift): they, as a rule, are included in working hours, and in some cases should be provided in specially equipped places and for certain categories of workers.

The obligation to provide breaks during the working day, in addition to the Labor Code (Articles 108, 109, 258), may be established by regulatory legal acts of federal executive bodies, sectoral agreements, collective agreements, local regulations and an employment contract (if for a particular employee the regime rest differs from the generally established regime in the organization).

For failure to fulfill the obligation to provide breaks during the working day, the employer may be held administratively and financially liable. As for employees, they have no right to use the breaks established for them for other purposes, and the employer can bring them to disciplinary responsibility for violation. The only exception is a break for rest and meals.

"On approval of the Regulation on the procedure and conditions for the employment of women with children and part-time workers."

MR 2.2.7.2129-06. 2.2.7 "Physiology of work and ergonomics. Regimes of work and rest of those working in cold weather in an open area or in unheated rooms ”dated 19.09.2006.

Clause 9 of the Regulations on the specifics of the working hours and rest hours of workers in charge of air traffic control of civil aviation of the Russian Federation, approved. By order of the Ministry of Transport of the Russian Federation of January 30, 2004 No. 10.

Enacted by the Resolution of the Chief State Sanitary Doctor of the Russian Federation of 03.06.2003 No. 118.

"On the peculiarities of the working hours and rest hours of employees of institutions and bodies of the penal system."

Regardless of work most people are entitled to a legal break or lunch... In this case, the break is standard (referring to all personnel) and technological. The essence of the technological break and its state regulation is the subject of this article.

Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call free consultation:

What is a technology break?

Any employee should have the opportunity to rest a little, which is provided to all employed citizens by law. The technical break is introduced by the employer, since the type and duration of rest directly depends on the production technology and working conditions.

Technological break- this is the time at which it is impossible to perform work due to the peculiarities of the technological process.

The regulation of issues related to a technological break is carried out in accordance with the articles of the Labor Code of the Russian Federation, affecting this topic. Thus, rest time should not be lower than the norms prescribed in the Labor Code of the Russian Federation otherwise the employer may be legally liable.

Views

In Russia there is three main types of technological rest, enshrined in Article 109 of the Labor Code of the Russian Federation:

Peculiarities

The nature of technological breaks is determined to a greater extent by the working conditions... One or another feature of the rest also depends on them:

Duration

The duration of technological breaks, according to the "Letter of Rostrud dated April 11, 2012", is initially included in the number of working hours during the day and does not add to the main schedule. How long the break lasts is determined by the employer.

The break should not be too short or long. The exact duration of the technological break is established in accordance with the working conditions and the characteristics of the work. It is regulated in accordance with Articles and 109 of the Labor Code of the Russian Federation. Rest time is determined only by the employer.

Also it is possible to set a break every hour if the job requires it, this is already considered by the employer.

When applying for any job, you need to read and find out information about breaks. After all, if the breaks are not enough or they are not long enough, a person can overwork. A healthy and regimented break is the key to productive work.

Watch the video about breaks during the working day:

Order
on the establishment of regulated breaks

[name of organization, enterprise]

[ day month Year ]

In order to ensure optimal performance and prevent adverse effects on human health of harmful factors of the working environment and the labor process when working with [write in the required] I order:

1. Establish regulated breaks for short-term rest for employees of [name of organization] employed on [indicate the category and type of work / specifics of the work performed]:

from [hours, minutes] to [hours, minutes], duration [value] minutes;

from [hours, minutes] to [hours, minutes], duration [value] minutes,

the total time of which is at an 8 hour working day [value] minutes.

2. Regulated breaks are included in the employee's working hours and are provided to prevent premature fatigue.

3. During regulated breaks in order to reduce neuro-emotional stress, fatigue, employees are required to: [enter the necessary, for example, ventilate the room, perform a set of exercises, etc.].

4. I assign control over the execution of the order to [position, full name].

[position of the head, signature, initials, surname]

Acquainted with the order:

[position, signature, initials, surname]

The approximate form of the order on the establishment of regulated breaks

Developed by: Garant Company, June 2013

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Taking computer breaks

The specificity of working at a computer is a long stay of an employee in one position - sitting at the monitor. This factor, along with others (radiation, strain, eye fatigue), has an adverse effect on the health of the worker. Therefore, it is imperative for the employee to take breaks when working at the computer. The Labor Code of the Russian Federation does not directly regulate this problem, but employers may be interested in the question: is there an obligation for them to provide employees with such breaks. Answer: yes, it is installed.

Rest time when working at the computer

On the basis of Article 107 of the Labor Code of the Russian Federation, one of the types of rest time is considered to be breaks during the working day.

According to article 109 of the Labor Code of the Russian Federation, some types of labor imply the need to provide employees with the opportunity to rest during the working day, which is caused by the specifics of technology, production and working conditions. A specific list of such works and the procedure for granting appropriate breaks should be provided for by the internal regulations.

Article 27 of the Law on Sanitary and Epidemiological Welfare of March 30, 1999 states that working with machines and various devices should not adversely affect health.

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 under consideration should be from 50 to 140 minutes during the working day. And this is taking into account the fact that these breaks should not increase the duration of work.

For violation of the current sanitary rules, article 6.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability.

Time of scheduled breaks when working on the computer

By virtue of Article 22 of the Labor Code of the Russian Federation, the employer must ensure the safety and compliance of working conditions with all necessary requirements (including when working at a computer).

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

According to the Instructions, the duration of work with a computer without interruption can be no more than two hours.

The purpose of taking breaks is to relieve tension, eye strain, etc.

The instruction establishes the dependence of the time of breaks on the type and time of the work carried out by dividing into groups:

  • A - reading information from the monitor at the request made;
  • B - typing on the keyboard to enter information;
  • B - creative work.
  • In addition, there is a division into categories of work complexity:

  • for group A (no more than 60,000 readable characters per shift), the break is 15 minutes, provided twice - two hours after the start of work and the lunch break;
  • for group B (no more than 40,000 printed characters per shift), the break is 10 minutes every working hour;
  • for group B (no more than six 6 hours per shift), the break is 15 minutes after each working hour.
  • If the shift lasts twelve hours, the time for regulated breaks when working on a computer for eight hours of work is provided in the above order, and for the remaining four hours - fifteen minutes for each hour (regardless of category).

    Breaks during business hours (2)

    INTERRUPTIONS DURING THE WORKING DAY

    The current labor legislation provides for the obligation of the employer to provide employees with breaks from work during the working day. At the same time, such breaks can be conditionally divided into two types: the first are not included in working hours and, accordingly, are not paid, the second are included and are subject to payment. Let's consider in more detail their types and cases of provision.

    During the working day (shift), employees in accordance with Art. 108 of the Labor Code of the Russian Federation, a break for rest and meals is provided for no more than two hours and at least 30 minutes, which is not included during working hours. This break is called "lunch break", or "lunch break". The duration of this break should be determined on the basis of specific conditions, taking into account the specifics of the employer's activities and the existing catering arrangements for employees. Since such a break is not included in working hours and is not paid, the employee has the right to use it at his own discretion, including to leave the place of work. The time of the lunch break and its specific duration are determined in the internal labor regulations or by agreement between the employee and the employer.

    In accordance with Art. 189 of the Labor Code of the Russian Federation, in the internal labor regulations (PVTR), along with other issues, issues of working time and rest time are regulated. In some cases, the PVTP may indicate a different start time for the provision of a lunch break and its different duration for individual structural units, taking into account the specifics of their activities. A reference may also be made to another local regulatory act regarding the provision of work breaks (for example, in case of shift work, rest and meal breaks may be determined by the shift schedule). A lunch break of a certain length may be provided to employees at a time convenient for them of their choice, but within a limited time interval, while the employer ensures that the use of rest time is taken into account.

    4.2. Lunch break is 1 hour, from 12.00 to 13.00. Lunch break is not permitted at other times. Accounting for the beginning and end of the lunch break is carried out using an automatic time control system.

    Lunch break is not included in business hours and is not paid. The employee can use it at his own discretion and for this time be absent from work.

    If the specific length of time for rest and meals is determined individually by agreement of the parties, then this must be prescribed in the employment contract or formalized as an additional agreement to it. Not having on hand a document confirming exactly this length of the break time allotted personally for a particular employee, subsequently, if disagreements arise, it will be very problematic to prove something.

    As a rule, a break for rest and meals is provided 4 hours after the start of work and lasts from 30 minutes. up to one hour. Its duration depends on the conditions created by the employer for going to the place of food, compliance with hygiene rules (changing clothes, washing hands, etc.), eating.

    If the duration of the work shift is more than 8 hours, then the employee may be given two or more breaks.

    However, there are types of activities where it is impossible to establish a lunch break due to the conditions of production (work). In these cases, the employer is obliged to provide the employee with food during working hours. The list of works where it is impossible to provide breaks for rest and meals, as well as the place for eating, are established in a local order - by the rules of the internal labor schedule.

    If the duration of a work shift does not exceed six hours, then, taking into account the opinion of workers, work can be carried out without providing a break for rest and food.

    Breaks for feeding the baby

    Working women with children under the age of one and a half years, in accordance with Art. 258 of the Labor Code of the Russian Federation, in addition to the general break for rest and meals, additional breaks for feeding the child are provided. These breaks must be provided at least every 3 hours for at least 30 minutes. each. If a woman has two or more children under the age of one and a half years, then the duration of the break must be at least an hour. The number of breaks provided and the specific duration of each of them, the timing and procedure for their establishment are determined by agreement between the employer and the working woman, since the frequency and duration of these breaks depend on the health status of the children being fed and their number, the duration of the work shift, the work schedule and other factors. Taking into account the specific circumstances (the state of health of the child, the place of his feeding), a half-hour break is not always sufficient. In accordance with the medical opinion, its duration may be increased. At the request of a woman, the breaks for feeding the baby that are due to her within 7 to 8 hours of the working day (shift) can be combined and postponed either to the beginning of the working day, and then the woman starts work one hour later than others, or at the end of the working day, and then she finishes work an hour earlier, or joins the lunch break. Breaks for feeding a child are included in working hours and are paid according to the average earnings, which is calculated according to the general rules for calculating the average earnings. In cases where, according to the working conditions, a woman is actually unable to use breaks for feeding a child (for example, when the nature of the work is traveling), she should be transferred to another job with wages for the work performed, but not lower than the average earnings for the previous job before the child reaches the age of one and a half years in accordance with Art. 254 of the Labor Code of the Russian Federation. The transfer of a woman to another job is carried out at her request.

    Breaks for feeding a child are also allowed when an employee works on a part-time basis, for example: 6 hours of actual work + 1 hour for feeding a child.

    Internal labor regulations

    4.4. 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 three hours of continuous work lasting at least 30 minutes. each. 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. According to the woman's statement, nursing breaks are added to the lunch break or are summed up both at the beginning and at the end of the working day with a corresponding reduction. Breaks for feeding are included in working hours and are payable in the amount of average earnings.

    Limited Liability Company "Luch"

    About providing additional breaks

    for baby feeding

    In connection with the employment of a specialist in the advertising department, N.A. Morozova, who has a child under the age of one and a half years, and in accordance with Art. 258 of the Labor Code of the Russian Federation

    2. To the chief accountant Lavrova T. S. to ensure the payment of breaks for feeding the child, provided by Morozova N. A. in accordance with paragraph 1 of this order, in the amount of average earnings.

    3. Control over the execution of this order shall be entrusted to the head of the personnel department, G. P. Smirnova.

    Reason: the statement of N.A. Morozova dated February 10, 2010, a copy of the birth certificate of the child N. issued. 11 February 2009

    Director Popov Yu.P. Popov

    Acquainted with the order

    Head of HR Department Smirnova G.P. Smirnova

    Chief Accountant Lavrova T. S. Lavrova

    Specialist Morozova N.A.Morozova

    Personal breaks

    and psychological relief

    During the working day (shift), employees may be provided with short-term breaks for rest and personal needs, for industrial gymnastics, coffee breaks and smoke breaks. These breaks are included in working hours by taking them into account when establishing labor standards (output, service, headcount standards). The optimal duration of a break for rest during a work shift depends on the nature of the organization of the production process and working conditions. Such regulated breaks make it possible to rationally alternate the time of work and rest during the work shift.

    Some employers allocate space for short-term rest during working hours for office workers, who already have quite comfortable working conditions. Break for 10-15 minutes. under appropriate conditions, for example, in a room of psychological relief, it is able to return the employee to working condition, relieving fatigue and excessive stress, allowing them to get together for further fruitful work. In addition, the employer must be careful not only in terms of food intake by employees, but also in relation to their own production, so that this does not lead to a halt in the work of office equipment due to the ingress of bread crumbs into a printer or scanner, does not entail damage to valuable documents due to an accidentally spilled cup of coffee, etc.

    Section 4. Working hours and hours of rest

    4.5. Employees are provided with two 15-minute regulated breaks during the working day (shift) for short-term rest: at 10.00 and at 15.00. Breaks are included in business hours and are subject to payment. Employees can use it at their own discretion without leaving the workplace.

    In divisions whose work is carried out according to the schedule, regulated breaks are determined by the schedule.

    In some cases, the provision of such breaks is associated with the operation of certain technical means. Such breaks are technological breaks and serve not only for rest, but also for observing the technological process of the operation of technical means and production mechanisms.

    As a rule, such breaks are established by a collective agreement, internal labor regulations or other local regulations of the employer.

    Additional special breaks associated with working on a computer are widely used. These breaks are called technological breaks.

    Working on personal computers is a visually strenuous job. This means that first of all, when working with a computer, the eyes of workers suffer. It is the effect on vision that is regulated in most documents containing the norms of working hours and technological breaks for workers using a PC. It is important to understand that the harmful effect on the eyes is manifested not in the presence of any radiation, but only in the need for constant eye strain when reading information from the screen. Therefore, in order to prevent negative influences, it is required to observe a certain mode of work and rest.

    1. Ryndevich I. Safety technology in the office [Electronic resource]. URL: vtr. kz / index. php? go = Pages & in = view & id = 205. Date of treatment 07/13/2010.

    tourism and hospitality

    Signed to print

    “Personnel officer. HR administration ", 2010, N 9

    Order regulated breaks

    Breaks during the working day (shift) may be provided for various purposes.

    Each employee needs a break for rest and food to maintain strength and health. Such a break cannot be more than 2 hours and less than 30 minutes.

    That is, the employer cannot set a break for eating in 15 minutes, arguing that this time is quite enough!

    As a rule, lunch break is provided 4 hours after the start of work. But this is not an obligatory rule: a lunch break can be set even 3 hours after the start of work, or it can start even after 5 hours. The start time of such a break and its duration should be spelled out in the internal labor regulations that apply to all employees of this organization, or determined in an agreement between the employee and the employer. By the way, the internal labor regulations should be available for your review.

    During your lunch break, you can leave work - have a snack in a cafe, go home, or you can go about your business at the workplace. You use this time at your own discretion and are not obliged to perform labor functions.

    This break is not included in business hours. If your working day lasts from 8:00 to 17:00, with a lunch break from 12:00 to 13:00, then you will be given an "eight" in the timesheet, which means that you have worked 8 hours. If your shift lasts from 8:00 to 20:00 with a real lunch break of 1 hour, then in fact you will work 11 hours.

    If you are prohibited from leaving your workplace during rest and meals, then such a break should be included in working hours and be paid accordingly.

    When the working (working) conditions do not allow you to provide a lunch break, the employer is obliged to provide you with the opportunity to rest and eat during your working hours (for example, install the equipment necessary for cooking and heating food in a specially designated area). The first thing to remember is that the list of such jobs (where it is impossible to provide a break for rest and meals), as well as places for rest and eating, are established by the internal labor regulations. That is, this issue must be officially resolved by the employer himself. The second important point is that the length of your work shift is not reduced by the time spent for eating and resting, i.e. in fact, this time is considered work time and is payable.

    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. As a general rule, this type of break 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 to employees working in a forced rhythm (those who work on the assembly line);

    3. breaks for professional computer users (depending on the category of work and the level of workload during the work shift when working with a personal computer, the total time of regulated breaks is set) 1;

    4.A break provided to air traffic controllers behind a control room equipped with a video display terminal - after two hours of continuous operation - they are given a break of at least 20 minutes (Clause 11 of the Regulations on the specifics of the working hours and rest hours of workers in charge of air traffic control of civil aviation of the Russian Federation, approved by the Order of the Ministry of Transport of Russia dated January 30 2004 year ... N 10) .

    5. on intercity transportation, after the first 3 hours of continuous driving, the driver is given a special break from driving on the road for at least 15 minutes, further breaks of this duration are provided for no more than every 2 hours. In the event that the time for granting a special break coincides with the time for granting a break for rest and meals, the special break will not be granted. (Order of the Ministry of Transport of the Russian Federation of 20.08.2004 N 15 "On approval of the regulation on the specifics of the working hours and rest hours of car drivers").

    6. workers in the tobacco industry are provided with special breaks in accordance with Article 109 of the Labor Code of the Russian Federation, that is, the duration and procedure for granting such breaks are established by the internal labor regulations 2003 year ... N 51 "On approval of the Rules for labor protection in the tobacco industry") ;

    7.Workers engaged in the production of alcohol, vodka, brandy, wines, beer and juices are provided with special breaks in accordance with Article 109 of the Labor Code of the Russian Federation 2003 year ... N 892 "On approval of the Rules for labor protection in the production of alcohol, vodka, cognac, wines, beer and juices") .

    8. workers employed in the starch industry are provided with special breaks in accordance with Art. 109 of the Labor Code of the Russian Federation (Order of the Ministry of Agriculture of the Russian Federation of February 10 2003 year ... N 52 "On approval of the Rules for labor protection for organizations of the starch industry") .

    9. workers engaged in the production of baker's yeast are granted special breaks 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 year ... N 895 "On approval of the Rules for labor protection in the production of baker's yeast") .

    10.Workers performing fire retardant coating should be given 10-minute breaks 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 of the Russian Federation of June 11 2003 year ... N 141 "On the introduction of sanitary rules and regulations SanPiN 2.2.3.1384-03) .

    11.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 the gas mask or respirator in a place free from dust or the release of harmful substances (Resolution of the Chief State Sanitary Doctor of the Russian Federation of April 4 2003 year ... N 32 "On the introduction of the Sanitary Rules for the organization of freight transport by rail. SP 2.5.1250-03 ") ..

    The above-mentioned 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 open air during the cold season;

    ü working in closed unheated rooms;

    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 an equal basis with actually worked (working) time. The employer is obliged to provide equipment for the premises for heating and rest of the employees.

    Breaks for feeding the baby

    Working women with children under the age of one and a half years, in addition to the lunch break, are provided with additional breaks for feeding the child - at least every 3 hours of continuous work and not less than 30 minutes each.

    This type of break is not a time of rest, since 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, at the request of the woman, such breaks are added to the break for rest and meals, or they 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.

    Frequency and duration of breaks during working hours under the Labor Code

    Man is not a machine can't work all the time... From the employer's point of view, this is a very inconvenient option, but one has to reckon with it.

    If it was their will, one side would forbid wasting time on anything else besides business, and the other would expand the time frame of the fun to the utmost. The law, on the other hand, takes into account the interests of all clearly establishing breaks during work.

    Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique.

    If you want to know how to solve exactly your problem - just call, it's fast and free!

    Everyone knows about the lunch break. However, there are many other types of work breaks that workers are sometimes unaware of — and in vain. With possibilities legally break away from work it is worth reading in more detail.

    Main types

    Specialists divide breaks into several large groups:

  • general and special;
  • required and recommended;
  • included in wages and not included.
  • General breaks under the Labor Code are provided to all workers, this is a lunch break and possible short term breaks for personal needs.

    TO special breaks include breaks for certain areas of work or for certain categories of workers, for example, for workers in the tobacco industry, for PC users, or for women with small children to feed them.

    Talking about mandatory and recommended, then the first include breaks, the provision of which is the responsibility of any employer, and the second - breaks, the need for which in each organization is determined in its own way and is formalized by local regulations.

    Mandatory lunch breaks, special warming breaks and baby feeding breaks are recognized.

    Establishment

    Types, beginning, duration of breaks are set collective or labor agreements, as well as the internal labor regulations ( PVTR).

    In an employment contract, a break can be negotiated if for a specific employee it differs from the general one in the organization: for example, you can write there break conditions sales agents, merchandisers, other employees with “field” working conditions, who cannot foresee how long negotiations or work with different clients will take.

    Rest and food

    Article 108 of the Labor Code of the Russian Federation establishes the obligation of any employer to provide all employees during work daily (weekly) break for rest and food lasting not less than half an hour and not more than two hours. The duration of the break within this period is fixed by the internal document of the organization, most often it is the PVTP.

    During the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes, which is not included in working hours.

    The time for granting a break and its specific duration are established by the internal labor regulations or by agreement between the employee and the employer.

    In jobs where, according to the conditions of production (work), the provision of a break for rest and meals is impossible, 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.

    Unpaid a lunch break means that an employee can use it for any personal purpose: not only to eat, but also to run to the store, go on a date, pick mushrooms in a nearby forest belt, sleep at home, finally.

    Of course have exceptions, and not everyone working during a shift may take a break from work to eat or rest.

    For example, the Order of the Ministry of Education and Science No. 69 of March 27, 2003 states that people who work in the field of education, that is, teachers, educators, teachers, teachers, etc., do not interrupt their work, they cannot leave on personal matters and only dine at the same time with the children they are teaching and for whom they are responsible. Lunch break im paid.

    The employer is not obliged, but has the right to establish several operating modes and, accordingly, breaks at different times and durations for different groups of employees. This is prescribed in the local acts of the organization. But sometimes such features are provided for by law.

    For example, the Ministry of Transport of the Russian Federation established the specifics of driver breaks(order No. 15 of August 20, 2004) and air traffic controllers(Order No. 10 of January 30, 2004): if drivers work longer than 8 hours on a shift, then they have two breaks from half an hour to two hours for food and rest, and dispatchers who operate aircraft on the night shift are entitled to an additional hour of rest ... These breaks are not included in billable time.

    Raises questions about the need to provide breaks for food and rest for people who work concurrently or part time. But in the Labor Code of the Russian Federation there are no reservations and comments on this matter, which means that the obligation to provide such a break lies with the employer in any case, he simply can assign the established minimum - 30 minutes.

    The employer can enter Floating lunch break, in which a time corridor is established in the PVTP and only the duration of the break is strictly determined, and when to start it, the employee himself decides and agrees with the head of the department.

    It is possible to do without PVTP, if we are talking about one employee with individual work mode- in this case, all the features of the breaks provided to him are reflected in the employment contract or an additional agreement to it.

    If the employee, at his discretion, decides to use the lunch break for work, then this his choice.

    The employer does not have to pay for this time.

    Personal needs: going to the toilet, smoke break, coffee break

    The employer's obligations to provide short breaks for psychological relief, a cup of coffee, smoking, going to the toilet.

    As a rule, such breaks are allotted 10-20 minutes per shift, but their duration may vary depending on working conditions. Such breaks are established by local acts of the organization.

    The most benevolent employers equip special room for a break where employees can relax for a while and relieve stress.

    Technical

    The Labor Code of the Russian Federation in Article 109 provides special breaks, which are necessary because of the technology, the characteristics of the production process and the specifics of labor activity. Their types, purpose, duration and conditions for their provision are established in the collective agreement and the PVTP.

    A computer worker can after each hour of work, interrupt for 10-15 minutes and a total of 50 minutes to one and a half hours per day. Typically, the employer decides that these breaks are included in pay time.

    Technical breaks may be granted to workers performing monotonous work in line production at the conveyor.

    Breaks like this are taken air traffic controllers operating a video display console: they must interrupt their work for 20 minutes after each two-hour working interval, and drivers, carrying out intercity transportation: after three hours from the beginning of the trip, they must be interrupted for 15 minutes, and then repeat this after every two hours.

    Special technical breaks in accordance with Article 109 of the Labor Code of the Russian Federation are provided for by the relevant Labor Protection Rules for workers employed in tobacco and starch industry(Orders of the Ministry of Agriculture of the Russian Federation No. 51 and No. 52 of February 10, 2003), in the production of various types alcohol and juices and in the production of bakery yeast(Orders of the Ministry of Agriculture of the Russian Federation No. 892 and No. 895 of June 20, 2003).

    Employees who work in the open air or in closed unheated rooms in the cold season, 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. The employer is obliged to provide equipment for the premises for heating and rest of the employees.

    Application fire retardant coating requires the provision of a technical break for 10 minutes to employees every hour of the working interval (Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 141 of June 11, 2003).

    Workers engaged in the transport of goods by rail using gas masks and respirators from time to time, at least 15-minute technical break is given, which they spend, having removed the protective device, in a place where harmful substances and dust cannot penetrate (Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 32 of April 4, 2003).

    Special breaks of up to 15 minutes are provided for employees of the authorities cadastral registration who are obliged to lead, accept and advise applicants.

    And also workers postal branches.

    Working in the bodies penal system an additional break of one to four hours may also be granted if they work the night shift for more than 12 hours.

    When working in cold and hot weather

    For those who work in winter outdoors or in rooms without heating, loaders, janitors and, if circumstances require, other workers, in accordance with Article 109 of the Labor Code of the Russian Federation, special paid regulated breaks for heating and rest are laid down, which are included in working hours, and each of which lasts at least 10 minutes.

    Wherein must be respected some conditions:

  • temperature in special rooms should not be lower than 21 ° C;
  • to warm your arms and legs, you need heaters with a temperature from 35 to 40 ° C;
  • during these breaks, do not leave the heated room longer than 10 minutes at -10 ° C, and longer than 5 minutes if it is colder than -10 ° C outside.

During lunch breaks, workers should be provided with hot food, after taking which, before going out into the cold, a 10-minute interval must pass.

Safety rules for construction of underground structures for those working with a vibrating tool in frozen soil, it is established that it is necessary to interrupt for 15 minutes, having worked out a 40-minute interval. At the same time, in the warm room provided to them, heaters with a temperature of at least 40 ° C are needed.

The absence of breaks for heating and specially equipped heated rooms are for the employee a legal reason to stop working, and for the employer - to be brought to administrative responsibility.

Workers in hot climates may also be allowed extra breaks, although they are not mandatory for the employer, but rather recommended.

Too high a temperature can significantly reduce a person's performance and cause significant harm to his health.

Therefore, work in such conditions should be well planned, taking into account the regulatory requirements for work and rest in the heat, which regulate the duration of continuous work at high air temperatures and the time spent in a comfortable microclimate to restore the thermal balance in the body. The main documents are SanPiN 2.2.4.548–96 and Methodological Recommendations 2.2.8.0017-10.

If the air temperature rises to 26-28 degrees, the total duration of not too hard work should be no more than 5 hours, and hard work - no more than two and a half. After working lightly for about 40 minutes, the employee can interrupt and spend 15-20 minutes in a room with a comfortable temperature.

Labor activity with significant energy consumption provides for 10-20 minutes of continuous work in heat for one hour and after that - a break to restore the normal state for a time longer than 20 minutes.

For feeding the baby

Women who work with children under 1.5 years old The Labor Code in Article 258 guarantees at least a 30-minute break for feeding a child every three-hour work interval. If such a child is not alone, then a long break should take not less than an hour.

Breaks for feeding are included in working hours, payment for them is calculated in the amount of average earnings, taking into account the unified social tax, pension contributions, personal income tax and contributions for compulsory insurance against industrial accidents.

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.

At the request of the woman, the breaks for feeding the child (children) are added to the break for rest and meals, or are summed up both at the beginning and at the end of the working day (work shift) with a corresponding reduction.

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

If the working time is divided into parts

Some workers in trade, services, communications, transport and utilities during the day due to the peculiarities of work or production process.

In such cases, due to the specific nature of the work, the working day falls split into pieces, and between them provide for either one break of up to two hours, or several breaks, including a lunch break. In this case, the total working hours should not exceed the standard duration of the working day.

Similar breaks within a shift when the working day is divided are not included in working hours and are not subject to payment, but for such a working regime, workers receive monetary compensation, provided for in Article 149 of the Labor Code of the Russian Federation.

A fragmented working day, the number and duration of breaks during it are provided internal or legal regulations... So, the Regulation of the Ministry of Transport dated August 20, 2004 for bus drivers on regular routes provides for the division of the working day into two parts, the first of which should take no more than 4 hours, after which the driver is entitled to a break of up to 2 hours (this is not counting the lunch break).

If it lasts longer than expected

Sometimes workers tighten break and return to work at the wrong time.

This is seen as being late, for which the organization is usually subject to disciplinary action.

Being late for more than 4 hours without a valid reason can result in dismissal for absenteeism.

The supervisor establishes the validity of the reason on the basis of explanatory, which should be written by an employee who is late from the break.

If the reason is found unconvincing, the employer issues a disciplinary order on the basis of a document establishing the fact of delay: an act of violation, a memo from a manager or colleague.

Of course, to the employer worth considering the severity of the violation, its cause and the characteristics of the employee.

By providing for the types and duration of breaks during work, labor legislation tries to take into account the interests of both the employee and the employer... If these requirements are not followed, you can get into trouble. Employers who refuse employees legal breaks, risk paying a fine:

officials will be fined from 1 to 5 thousand rubles;

individual entrepreneurs will be fined in the amount of 1 to 5 thousand rubles or suspend their activities for 90 days;

  • legal entities will be fined 30-50 thousand or suspended for 90 days.
  • Employers - "repeat offenders", repeatedly ignoring the need for legal interruptions for their employees, they can be disqualified for at least a year, for a maximum of 3 years.

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