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Technical break 30 minutes. Frequency and duration of breaks during working hours according to the labor code

Labor relations and discipline have always existed between the employee and the employer.

Some want to devote as much time as possible to relaxation, communication with colleagues, drinking coffee and discussing the latest gossip. Others insist on total dedication to labor in order to obtain maximum productivity and efficiency. To keep the balance of power between these two parties allows labor legislation, which regulates the norms of work and rest, providing for their non-compliance with all kinds of responsibility.

Art. 108 of the Labor Code of the Russian Federation provides for the right to rest for all employees. It should be at least 30 minutes, but not exceed a total of 2 hours. This time is not counted as work time.

Each company has the right to independently, in it, provide for the time of work of an employee of a certain specialty, rest, also reflecting the interval for each of the breaks. The most common use of rest breaks is for lunch time. At the discretion of the head, he has the right to increase or reduce it.

An employee, when applying for a job, must be familiar with the established labor schedule.

Separately, smoke breaks during working hours are not allocated according to the Labor Code, but they have the right to spend the provided break at their own request, including for smoke breaks.

Many companies, when hiring, are asked to indicate in the questionnaire about bad habits, including smoking, how often and how many cigarettes a candidate smokes a day.

For such employees, the company is obliged to create separate smoking areas. Large holdings have begun to pay more attention to this problem and are fighting in every possible way for a healthy lifestyle, motivating employees to give up addiction.

Break for rest and meals

Recall that rest for meals is provided for by the legislation of the Russian Federation. Its exact beginning and end are determined by the head of the company by an internal act.

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

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

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

The legislator has fixed different ones in the regulations, and several more options can be approved by the head of the company, depending on the category of employees.

The main thing to remember is that the lunch break should be at least half an hour.

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

Types of breaks at work

Legislative acts provide for several types of possible break intervals at work. They depend on the specifics, the severity of the work performed, as well as the conditions in which the workers are, when such periods are considered working and must be paid.

Breaks fall into the following categories:

lunch and rest;
rest and recuperation in bad weather conditions;
time for the opportunity to feed the child;
special types.

Break for warmth and rest

It is given to those employees whose working conditions are associated with hard physical labor, as well as in adverse weather conditions. Such employees should be drawn up a special work schedule, provided with a proper room where workers can recuperate and warm up. It must be taken into account that such a break time must be counted as working, recorded in the time sheet, payable.

Workers who rely on rest for heating and food include:

performing labor functions in the cold or in buildings where there is no heating (builders, janitors);
loaders with heavy physical loads, etc.

Break for baby feeding

For employees who decide to start working before the child reaches the age of 1 year and 6 months, the manager must allocate additional time so that she has the opportunity to feed the baby. The same opportunity should be given to single fathers or guardians.

Many employers are reluctant to agree to such breaks, most of them first try to find some reasons for refusal and not 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 a special room in the office space, where their employees will fully relax and replenish their strength.

Necessary for workers working with all kinds of equipment. These can be both employees who perform duties at a computer for a long time, and employees working in production, while most of the time they are behind the conveyor. The employer must allow a break of 10-15 minutes, and the total rest time per day should be 50-90 minutes.

A technical break is also required:

air traffic controller, he must interrupt the activity for 20 minutes. after two hours of labor;
the driver on intercity flights, he must stop en route for 15 minutes. 3 hours from the starting point and after 2 hours on the road;
workers employed in the production of alcohol, juice, yeast;
workers working with fire-resistant coatings are given the opportunity to rest for a period of ten minutes after a working hour;
whose work is related to the transportation of goods on 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:

the Labor Code of the Russian Federation;
by-laws;
company's internal regulations.

The structure of the working day must be approved in the developed documentation. All employees must be familiar with the approved schedule, because non-compliance with the norms of legislation, work schedule and time entails the occurrence of negative consequences on the part of both the employee and the employer.

Summing up the above, we can say with confidence that maintaining a balance between work and leisure will have a positive impact on both the physical and psychological state of employees, and labor productivity. It has been proven by many years of experience that those employees who have the opportunity to take several short breaks during their working hours get tired less and bring more benefits to the company. But at the same time, employees should not abuse the trust and good disposition of their superiors, which allows them to take such breaks, and does not force them to work tirelessly from eight in the morning to seven in the evening. There must be a measure in everything. And if it is not observed, then the labor legislation of the Russian Federation comes into play, which provides for penalties for. Ignorance of the law does not exempt from liability.

5 to 15 minutes

Any move will bring positive results, such as increased creativity and more concrete ideas, Tate says. “Walk up and down the stairs, go outside and walk around the block, do push-ups or jump in one place,” she says. - It doesn't matter what you do, the main thing is to disperse the blood. A five-minute break can be more effective than a 30-minute break if you're moving during that time."

Sometimes the most productive thing you can do is do nothing, says Maura Thomas, author of Working Without Walls.

“Or it could be mindfulness practice, meditation or deep breathing,” she says. “You can do it all in two minutes or 20. Little breaks like this give your mind a boost and can lead to moments of creative insight.”

You can also look out the window or daydream, but only if you can admire something green. A study published in the Harvard Business Review found that "green micro-breaks" improve attention levels and productivity.

30 minutes

If you have half an hour, take a walk, suggests Laura Stack, author of The Cure for Exhaustion. “Sitting at a desk for hours can lower your energy levels,” she says. - If it is raining or very cold, walk up and down the stairs several times. Use what is around. Take a vigorous walk across the floor, through the car park, or around the building. You can even use the fire escape as a simulator."

Arranging a workspace can be a good break, says Thomas. “You can say what you want about clutter and creativity, but I've seen in my work that clutter equals stress,” she says. "Clutter sends a message to you and those around you that you're overwhelmed, out of control, and that there may be things buried in the clutter that need your attention."

Breaks are also helpful if you're hanging out with the other person, Tate says. “Call your friend, loved one or spouse,” she says. - Get up and talk to a colleague, but not about work. Chat, for example, about the weekend.

60 minutes

“If you have an hour of free time, leave your workplace. Go to lunch or have a cup of coffee with a friend, colleague or mentor, says Thomas. “Strengthening work connections is good for your career, while connecting with friends and family reduces stress and activates your brain.”

Use this time to unload your brain, to transfer some thoughts from your head to paper, where they can be considered more objectively. If you have a big project coming up, put your thoughts on paper, says performance coach Deb Lee. "It's a quick and easy task that allows you to be better prepared when it's time to sit down and tackle a project," she says.

Or take your eyes off the screen and read. According to a study from the University of Sussex, reading a novel can relieve stress more than listening to music, walking

Translation of the publication "Ideonomics".

Eating several times a day at regular intervals is an essential physiological need of a person. This is due to the need to provide the employee with a break from work for lunch. The obligation to provide the appropriate time is legally enshrined in the Labor Code of the Russian Federation.

Is lunch included in working hours

By agreement of the parties, the employee may be set separate from others specific duration and frequency of lunch time. In this case, the relevant condition must be included in the employment contract or an additional agreement to it.

Lunch break for part-time (for example, 4-hour) working day

Part-time working conditions are regulated by Article 93 of the Labor Code of the Russian Federation. The specified norm states: an employee who works under such conditions cannot be limited in labor rights.

Therefore, if an employee has a part-time job (it does not matter what kind of duration - four hours or two), then:

firstly, the employee must be given a lunch break according to the Labor Code of the Russian Federation;
secondly, the duration of such a break cannot be less than thirty minutes.

Lunch time for a 12-hour (or more) working day

For cases where working time exceeds the normal (i.e. eight-hour) working day, labor legislation does not provide for additional lunch time. In this case, the employer has the right to resolve this issue independently or in agreement with the employee.

For example, if an employee has a 12-hour working day, in accordance with the internal labor regulations, he can be provided with two lunch breaks of 45 minutes each during the working day.

Is the lunch break paid?

Payment for a lunch break is not provided for by labor legislation. As a general rule, the time of such a break is not working and is used by the employee at his own discretion.

Can a break for rest and food be divided into three parts: 30 minutes and two 15 minutes each?

Answer

Answer to the question:

Can not.

The duration of the lunch break cannot be less than 30 minutes and more than two hours (part of Article 108 of the Labor Code of the Russian Federation).

The law does not provide for the division of the lunch break into parts, but the provision of several lunch breaks is not prohibited by the Labor Code of the Russian Federation. If the employer plans to provide several, then in general the duration of each of them should be at least 30 minutes and no more than two hours in total.

Thus, a 15-minute lunch break is contrary to the Labor Code of the Russian Federation.

Details in the materials of the System Personnel:

1. Answer: How to set a break for rest and meals

I.I. Shklovets

Set a lunch break for employees at or define a local act, for example. The duration of the lunch break cannot be less than 30 minutes and more than two hours. Such rules are established by parts, Article 108 of the Labor Code of the Russian Federation. *

Since the lunch break is not included in working hours, it is not payable (, Labor Code of the Russian Federation). An exception to this general rule is the provision of meals during working hours in those jobs where a break for rest and meals cannot be provided. In this case, this time must be paid. The list of such work, as well as places for eating during their implementation, establish the Internal Labor Regulations ().

Providing a lunch break to certain categories of employees has a number of features. So, for example, drivers working on a shift schedule whose daily work exceeds eight hours are provided with two lunch breaks, while their total duration cannot exceed two hours (Provision approved,).

2. Answer: Is it possible to provide multiple lunch breaks during the working day

I.I. Shklovets

Yes, you can.

Providing several lunch breaks is not prohibited by the Labor Code of the Russian Federation. If the employer plans to provide several, then in general the duration of each of them should be at least 30 minutes and no more than two hours in total. Moreover, some categories of employees provide several lunch breaks, for example, drivers.

The employer has the right to determine the specific duration of each break independently based on the expediency and rationality of building the workflow.

Such conclusions follow from the totality of the provisions of the articles of the Labor Code of the Russian Federation.

With respect and wishes for comfortable work, Yulia Meskhia,

Expert Systems Personnel

After considering the issue, we came to the following conclusion:

Providing an employee with a 30-minute rest and meal break or the opportunity to eat during working hours does not increase the length of working hours established by the organization. The break time for rest and meals in the time sheet does not need to be reflected.

Rationale for the conclusion:

According to the first part of the Labor Code of the Russian Federation, during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and no less than 30 minutes, which is not included in working time. 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 (Part Two of the Labor Code of the Russian Federation). Therefore, providing an employee with a 30-minute lunch break does not entail an increase in the established working time, although in fact the employee will leave half an hour later.

In accordance with part four of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. The form of the time sheet (form N 0504421) was approved by the Ministry of Finance of the Russian Federation of December 15, 2010 N 173n. The same legal act approved guidelines for the use of forms of primary accounting documents (hereinafter referred to as the Instructions).

Thus, according to the Instructions, only cases of deviations from the normal use of working time, established by the internal labor regulations, are recorded in the time sheet. In other words, the days of attendance at work and the established number of working hours worked by an employee for a working day are not recorded in it. And since, as mentioned above, a break for rest and meals does not apply to working time, there is no need to reflect this time in the time sheet in any way.

Please note that in accordance with part three of the Labor Code of the Russian Federation at work where, under the conditions of production (work), it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations. Accordingly, the internal labor regulations may provide for meals during working hours. In this case, the time for eating will coincide with the working time, but this cannot serve as a basis for increasing the established working hours.

Prepared answer:

Legal Consulting Service Expert GARANT

Solovyov Oleg

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Kudryashov Maxim

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.