During the work shift. What is a technical break according to the labor code

12.10.2019

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 it takes quite a lot of time, and for reporting period run a decent amount of hours. 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
The labor law has established different kinds 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 Guidelines "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 regime of working hours and rest periods of employees who control the air traffic of civil aviation, 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 on outdoors or in closed, unheated rooms;
- 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 "Modes of work and rest 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 activities to ensure the fulfillment of military duty or admission to military service under the contract, for the time of participation in these events at the place of their permanent work is paid average earnings, they are reimbursed for the expenses associated with renting (sub-renting) housing and paying for travel to another locality and back, as well as travel expenses ( paragraph 2 of Art. 5 federal law dated 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 work 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 working week (clause 21.3 SanPiN"Hygienic requirements for the organization of construction production and construction works» (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 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 to perform work 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 refer 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 an employee must complete before starting work, he will not be able to perform official duties, the time spent on their implementation should be included in the working time and subject to payment.

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

For certain categories of personnel preparations included in working hours by regulations. 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 (in 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 constitutes 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 law does not provide for such a type of disciplinary sanction as a fine.

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 according to the Labor Code are not allocated, but they have the right to spend the provided break on own will, including breaks.

Many companies when applying for a job ask you to indicate in the questionnaire about bad habits smoking, how often and how many cigarettes a day the candidate smokes.

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 big physical activity and etc.

Break for baby feeding

Employees who decide before the child reaches the age of 1 year and 6 months to start labor activity, the manager should allocate extra 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 give another break, ask questions about feeding, whether they feed the child with breast milk or artificial mixtures.

If for some reason a woman cannot breastfeed her child and gives him artificial mixtures, 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, chatting 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 employee fatigue, 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 in office space a special room where their employees will fully relax and replenish their strength.

Necessary for workers working with all kinds of equipment. It can be like employees long time performing duties at the computer, 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 railways and with 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 discretion of the management.

Establishing the types and duration of breaks

Any periods of time are approved by certain documents:

Labor Code 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, employees should not abuse trust and good location his superiors, allowing you to take such breaks, and does not force you to work tirelessly from eight in the morning until 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.

Daily (between shifts) rest

As a type of rest time fixes daily (between shifts) rest is the time from the end of the job to the start of the next day. There are no norms regulating its duration, the procedure for granting, etc. in the Labor Code. Its duration is determined by the internal labor regulations, shift schedules and depends on the length of working time. According to established practice, the working hours in the organization are set, as a rule, in such a way that the minimum duration of daily rest, together with the lunch break, is at least twice the length of the working time on the day preceding the rest.

For certain categories of employees, the minimum duration of daily rest is determined by special regulatory legal acts. For example, according to i. 18 of the Regulations on the peculiarities of the regime of working hours and rest time for employees of the floating composition of inland water transport vessels, approved by order of the Ministry of Transport of Russia dated May 16, 2003 No. 133, the daily rest of these employees cannot be less than 12 hours.

But most often such a schedule is in the service sector, and it is unprofitable to set permanent breaks there. For example, I work around the clock, and we leave to smoke / go to the toilet / eat when there are few clients and a partner can handle it alone, and not according to some specific schedule.

In an organization where a 12-hour working day is established, there should be breaks of no more than 2 hours, but not less than 30 minutes in accordance with Article 108 of the Labor Code of the Russian Federation. This time is not included in business hours. When applying for a job, you need to pay attention to what is written in the contract, read it carefully, especially between the lines, and there must be a clause on the rules for the lunch break. Lunch breaks must be specified in the employment contract concluded between the employer and the employee. For some types of work, depending on the specialization, there should be additional breaks, for example, rest and heating in accordance with Article 109 of the Labor Code of the Russian Federation.

How many and when should there be breaks for a 12 hour shift?

The work of the team or its individual members in conditions of elevated temperatures also requires the employer to be attentive to compliance with the law. By the way, the air temperature in the room is considered to be elevated if it exceeds the value of 26–28 ° С. Here everything depends on the intensity of work: Employees working in the cold are given breaks for heating

work that does not require great physical effort in such conditions should not continuously last more than 5 hours;
work of medium intensity - no more than 2.5 hours;
highly labor-intensive work - no more than 10-20 minutes.

How a break for feeding a child is regulated Article 258 of the Labor Code establishes special additional breaks for young mothers.
So, the woman who came out of maternity leave until the baby reaches the age of one and a half years, has the right to several breaks daily - every three hours of work.

Labor Code - chapter 18. work breaks.

Attention

Loading… How many and when should there be breaks for a 12 hour shift?

Your work shift is 12 hours. According to the Labor Code of the Russian Federation (Art. 108. Breaks for rest and meals), during the work shift, the employee is given a break for rest and meals, which is not included in working hours. What is interesting - the article is called Breaks and it is about one break.

In my opinion, this is a flaw in the Labor Code, which for some reason did not interest anyone. What if the shift lasts 24 hours? Why is this issue not raised and hushed up? It is not profitable for workers to raise it, since this time is not paid. So everyone suits one break of one hour somewhere in the middle of the shift (you can find out more in the Internal Regulations of your organization) regardless of the length of the shift.

Frequency and duration of breaks during working hours according to the labor code

In addition, recommendations on short breaks during the working day for a “smoke break”, “coffee break” or just a respite are given by the methodology for determining labor standards. Yes, and the employers themselves understand the importance of such an organization of working time, not only to maintain a normal level of labor productivity, but also as an incentive to work in the company as a whole. Additional breaks are regulated in the employer's local regulatory legal acts - PVTR, collective agreement.

Info

The time of such breaks is regarded as working, and, accordingly, is paid in the usual way. The total duration of additional breaks per working day is usually about 10-20 minutes. Technical (specialized or technological) breaks The legislative basis for granting specialized breaks is Art.

109 TK.

Types of breaks that are included in working hours and paid

The time of breaks, as well as their duration, is established by the internal labor regulations or by agreement between the employee and the employer. Every organization should have a schedule indicating the time and duration of breaks. With the permission of the employer, the time not used for lunch can be spent on overlap during the day.

Unfortunately, the duration and number of breaks for rest and eating is not determined by the current Labor Code.
Only the minimum (30 min.) and maximum (2 hours) duration of the break, which is not included in working hours, is precisely named. As Art. 108 the duration of rest and breaks are established by the internal labor regulations or by agreement between the employee and the employerquot ;. I myself work 12 hours a day, but we still have not agreed on this issue.

Am I entitled to a lunch break and smoke breaks during work? 12 hour day

Important

Article 108 of the Labor Code of the Russian Federation "Breaks for rest and meals" prescribes a working break of no more than 2 hours, but not less than half an hour. Accordingly, your break, if you are registered under the Labor Code of the Russian Federation, can last from 30 to 120 minutes. What time in this interval is directly regulated by the enterprise in which you work.

Chapter eighteen of Article 108 of the Labor Code defines breaks from thirty minutes to two hours for a working day or shift. This article does not specify how to allocate working hours and breaks. The order, as a rule, is determined by the enterprise itself, and employees sign it as a sign of familiarization and agreement.
The article reads as follows: Therefore, with a twelve-hour shift, it is quite possible to have one or two breaks lasting from half an hour to two hours.

What are the breaks during the working day according to the Labor Code of the Russian Federation?

According to the degree of obligation for the employer:

mandatory - lunch break, most breaks provided to certain categories of employees, breaks for heating, etc .;
recommended - additional breaks set by the employer's local NLA.

By inclusion in working hours (and, accordingly, payment):

excluded from the course of working time - lunch break;
included in working hours - most other types of breaks.

In the collective agreement and PWTR, the employer must reflect the types of breaks used in the organization and the rules for determining them (it is better if specific time frames are indicated). If the working regime of individual employees in terms of breaks differs from the rest, their conditions may be stipulated in the employment agreement.
General rules for working at low temperatures:

additional breaks are provided simultaneously with the opportunity to warm up in a specially equipped room;
the air temperature in the room for heating should be above 21°C, while the legs and arms must be heated additionally - at a temperature of 35°C to 40°C;
heating time at temperature environment up to 10°C you can work no more than 10 minutes in a row, below 10°C - no more than 5 minutes in a row;
employees working at low temperatures should be fed a hot lunch, after which they can start work no earlier than 10 minutes from the moment of completion.

If the employer has not ensured that employees working in the cold comply with the above guarantees, they have the legal right to refuse to work.

Delfi News is the largest news portal in Russian in Estonia

As you know, any worker, in whatever profession and conditions he works, is not a robot or a machine. His work on physiological reasons cannot be continuous. The natural needs of the body and fatigue also affect, and the result may well be unsatisfactory results of work.
Unfortunately, not all employers understand this. But the labor code guards the interests of workers, not only regulating the duration of mandatory technical or lunch breaks, but also leaving scope for providing additional rest with an 8- or 12-hour working day.

Article 108. Breaks for rest and meals

So, it would be completely unnatural to send a teacher to lunch. kindergarten You can't just leave babies unattended. It is for such cases that Part 2 of Art. 108 makes a reservation: if it is impossible to organize a full-fledged lunch, the meal must be organized by the employer without interrupting the process (in the given example, together with the children). Nevertheless, the presence of such a feature for certain categories of workers is necessarily stipulated in the PWTR.

The so-called floating lunch break is also allowed by law, which means for the employee the opportunity to independently determine the time for meals, depending on the workload and the current situation. However, the time “corridor” for choosing the time of rest is still prescribed either in local legal acts or in the contract.

30.06.2018, 9:44

Federal and industry statutes set rules that tell employers how to take breaks while they work. Short-term suspension of the workflow should be carried out at different intervals to ensure safe conditions labor. The duration of daily and weekly rest depends on the specifics of production activities and current working conditions.

The opportunity to have regular breaks during the working day is assigned to every person working under an employment contract. Legal regulation is carried out through Article 37 of the Constitution of the Russian Federation, which establishes the right to rest. Detailed coverage of the issue of alternating working hours and rest periods is provided by the Labor Code.

Break options during the work shift

Pauses in the labor process can be standard or specific. Breaks at work are:

short-term suspensions of the labor process for eating;
breaks to rest the eyes with constant contact with computer equipment;
time intervals allotted for rest between work shifts;
rest on holidays;
weekends fixed by the internal work schedule;
regular and additional holidays (regulated breaks of a long-term type).

A separate group of time periods allocated for staff rest applies to officials whose labor activity is associated with specific production conditions.

For example, during the day, the processing of materials generates a significant amount of waste. To ensure the safety of the further work process, it is necessary to clean the area. To do this, breaks are introduced during working hours, which must be paid by the employer in full.

Special or technological breaks may be due to such factors:

harmful substances are emitted into the air during work, in order to eliminate their negative impact on the body of workers, it is necessary to regularly ventilate;
updating information in the databases used in the labor activity - the basis for breaks under the Labor Code during working hours;
the need for air disinfection in medical institutions during working hours.

Lunch break

If the appointment of rest time is justified by the need to eat, then such a period of time cannot be less or more than the limit established by labor law. Time of regulated lunch breaks should not be less than 30 minutes. The maximum duration of the interval allotted for feeding should be 2 hours.

If for certain categories of personnel the schedule includes several lunch periods, then it is necessary to compare the total value of such rest with the legislative standard. Here are the breaks that are included in working hours:

rest intervals that are initiated by the employer due to the specifics production process; the employee cannot influence their duration and frequency;
the time provided to the employee to care for and feed a young child (if the baby's age is in the range of 0-1.5 years);
lunch - a working break without interruption from work should be tabulated as a worked period.

In the latter case, labor law allows the combination of lunch time with the work process, if this is due to the need to ensure the continuity of labor activity. In this situation, the employer is obliged to provide employees with a place for lunch on the company's premises. The 12-hour working day includes additional breaks:

with an average level of intensity of the labor process, an employee can count on two lunch periods with a total duration of no more than 120 minutes;
during one shift, an employee is entitled to 4 short-term breaks - the duration of each does not exceed 10 minutes;
at the discretion of the employer, the time of afternoon nap is introduced (the hourly limit is provided at the level of 45-60 minutes).

Rest from the computer

PC operators under the Labor Code are subject to breaks in work in accordance with the provisions of industry acts:

SanPiN 2.2.2/2.4.1340-03 dated 05/30/2003 - the main standards of working conditions when working with computer equipment;
teaching materials Model Instruction MRO R-45-084-01 dated 02.07.2001.

For officials who work in conditions of constant contact with office equipment, additional periods of rest should be introduced. The frequency of their inclusion in work schedule must take into account the two-hour limit of continuous work in front of a computer screen.

The duration of each such break depends on the type of activities performed (reading documents, typing, or performing creative tasks). Such additional rest time is provided for persons working on a computer on an ongoing basis.