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At what temperature is the working day shortened. Heat and short work hours

Working in hot weather is hard. However, not all employers are aware of this. Meanwhile, there is even a special SanPiN that regulates sanitary standards when working in hot weather. It was about him that Rostrud traditionally reminded employers, and also that if you refuse to shorten the working day in the heat, you can earn a fine.

What happened?

Rostrud published its traditional summer information message for employers, in which it recalled that they are obliged to create normal working conditions for workers in the heat. Officials, in particular, obliged the management of companies and individual entrepreneurs to recall the requirements of SanPiN 2.2.4.548-96. 2.2.4 " Physical factors production environment. Hygiene requirements to the microclimate industrial premises. Sanitary Rules and Norms”, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of October 1, 1996 N 21. These norms not only determine the maximum possible length of the working day in hot weather, but also the conditions that the employer is obliged to create at the workplace.

How long can you work in the heat

According to SanPiN, as Rostrud recalled, if the temperature in the working room approached 28.5 degrees, it is recommended to reduce the working day by one hour. When the temperature rises to 29 degrees - for two hours, at a temperature of 30.5 degrees - for four hours. In more detail, the dependence of the duration of working time on the temperature regime can be seen in the table.

How does temperature affect run time?

Employee workload level (upper limit in the warm season)	Permissible temperature, °С



Working day in hours

At the same time, if the employer does not comply with the requirements of sanitary standards, the employee has every right to remind the management about them and demand to be released from work early. If the authorities object, you should not leave without permission, as they may consider absenteeism, but write memo or the statement will not be superfluous. But shortening the length of the working day in hot weather does not exhaust all the responsibilities of employers.

Air conditioning in every office!

Rostrud recalled that the duties of the company's management also include:

provision of air conditioning at workplaces;
provision of free access to drinking water and first aid kit;
giving employees the opportunity to take breaks from work;
organization of places for rest in a cool place;
granting, if necessary, short-term paid holidays in especially hot weather.

The message of the service, in particular, says:

It is desirable to provide a comfortable temperature regime, air conditioning. Working in a stuffy office or workplace can exacerbate chronic diseases. The employer is obliged to ensure safe working conditions for employees, otherwise he may be held liable.

Payment for forced holidays due to heat can be made in accordance with part 2 Article 157 of the Labor Code of the Russian Federation as downtime for reasons beyond the control of the employer and employee, in the amount of at least two-thirds of the average salary. All measures taken to protect workers must be reflected in additional agreements to employment contracts.

Liability for violation of labor rights

If the employer ignores the appeal of Rostrud and the requests of his employees and does not ensure compliance with sanitary standards when working in the heat, he may be held administratively liable for Article 6.3 of the Code of Administrative Offenses of the Russian Federation. The penalty for violation of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population, expressed in ignoring the current sanitary rules and hygiene standards, failure to comply with sanitary and hygienic and anti-epidemic measures, is:

for officials and individual entrepreneurs - from 500 rubles to 1000 rubles;
for organizations - from 10,000 rubles to 20,000 rubles.

In addition, the activities of the organization may be suspended for up to 90 days.

Summer time is always a difficult time to work. Often there are situations when the temperature in the room exceeds the permissible limit, turning work into the hardest torture (and even breaks in the middle of the day do not save much). For employees, the question becomes relevant whether there are any legislative regulations on temperature standards during working hours in the heat.

To resolve this issue, please contact article 212 of the Labor Code of the Russian Federation . In one of the provisions, it prescribes the obligation of the employer to provide comfortable working conditions for each of the employees. On the basis of this legal provision, a directive was developed with regard to working hours in the heat SanPiN 2.2.4.548-96 .

Reduced working hours due to heat

According to the established norms for office employees, the maximum allowable indoor temperature in summer should be 28 degrees. The more the actual indication exceeds this norm, the less employees should work.

Order to reduce working hours due to heat

The order to change working hours due to the heat is an integral document, on the basis of which the schedule is re-arranged. This act is drawn up by the employer indicating the reason for the innovations. Experts, however, differ on how to state the grounds for changes.

A reduction in working hours due to heat can be documented as downtime or through the fault of the employer, or due to objective circumstances beyond the control of the parties. The first case is relevant in situations where the organization does not provide adequate conditions for working on the premises. However, on the other hand, it is not always possible to provide for an increased temperature regime. As a result, the decision on the reason for such downtime remains with the employer. In both cases, by article 157 of the Labor Code of the Russian Federation the company is required to pay two-thirds of the wages.

It is allowed to issue an order indicating the objective circumstances and the corresponding remuneration. In this case, its size decreases in proportion to the reduction of working time.

How to reduce working hours in the heat - drawing up an order

An order to reduce working hours due to heat is drawn up according to the basic rules for paperwork. That is, it is similar to those regulations that relate to the issues of reducing the time of work due to heat.

The main provisions of this document should include:

establishment of a new time, indicating breaks for lunch and rest;
an instruction on the need for all heads of departments to familiarize their subordinates with this order;
allowing employees to take unpaid leave;
appointment of responsible persons who should monitor the implementation of the instructions.

This document is signed by both the head and the appointed responsible person. It may include additional instructions at the initiative of the employer. For example, the validity of this decree, or the provision of means of protection from heat.

A period of 30-degree heat has come in the Altai Territory. Such high temperatures can be a real test for many. When the thermometers show more than 30 degrees, it becomes more and more difficult to work. Read about when employees can count on a reduced working day in our regular Q&A column.

What should be the temperature in the office?

Despite the vagaries of the weather, the employer must ensure comfortable working conditions. They are fixed by SanPiN 2.2.4.548-96, which determines the optimal and permissible temperature for employees working in industrial premises.

Optimal indicators for working in the office in the summer:
Air temperature - 23–25 degrees (at the same time, work is permissible at temperatures up to 28 degrees).
The surface temperature is 22–26 degrees.
Relative air humidity - 60–40%.

What are the obligations of the employer?

In offices, according to hygienic requirements, air conditioning in the workplace should be provided for the microclimate. In addition, in extreme heat, employees are supposed to give additional breaks from work, as well as extend the lunch break.

Also, some employers practice in the summer to make changes to the regime and work schedule. For example, the working day does not start at nine in the morning, but at eight.
If a legal entity ignores the standards for the microclimate of the premises where employees work, the company faces a fine of 10-20 thousand rubles or suspension of activities for up to 90 days.

What can employees expect in the heat?

Office employees can count on a reduction in the working day if the thermometers show more than +28 degrees.
At +28.5 degrees - the working day is no more than 7 hours.
At +29 degrees - a working day up to 6 hours.
At +30 degrees - a working day of 4-5 hours.
At +31 degrees - a working day of 2-3 hours.
At +32 degrees - a working day of 1-2 hours.
At the same time, if the temperature in the room exceeds 33 degrees, according to the law, you can not start work at all. Employers may encourage employees to work from home.

Why is heat dangerous for health?

As doctor Igor Chervyakov explained, excessive temperature threatens to overheat. The heat accumulated in the body adversely affects, first of all, the central nervous system. Thermal oxygen starvation of the brain develops, which manifests itself in an increase in body temperature, sometimes significant, headaches, lethargy, pressure surges, nausea and vomiting.

The second danger is associated with thickening of the blood and an increased risk of blood clots. In the heat, the blood actively circulates directly under the skin, giving off heat to external environment and thus cooling the body. When the air temperature rises above 38°C, the activation of blood flow under the skin no longer helps. Then the human body turns on the mechanism of centralization of blood flow - reducing the blood supply to peripheral vessels. This greatly increases the load on the cardiovascular system and leads to the development of diseases. Periods of prolonged heat are especially dangerous.

In addition, thickening of the blood occurs in conditions of increased sweating and insufficient replenishment of fluid lost by the body. This process can also occur at less extreme temperatures. Extreme cases of overheating (thermal coma) require resuscitation.

Greetings, dear friends! I don’t know about you, but in Novosibirsk we have a relatively cold period for November. It seems sunny, dry, but due to humidity and a northeast breeze, it is quite cold.

I think that work at low temperatures can be tried to reduce. How to do this, you will learn from this note.

The main thing here is to understand at what temperatures it becomes possible to shorten the working day.

Taking into account the requirements of the Labor Code, the hygiene standards contained in the sanitary rules and regulations ("R 2.2.2006-05. Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions" and "SanPiN 2.2.4.548-96 2.2.4. Physical factors of the production environment. Hygienic requirements for the microclimate of industrial premises. Sanitary rules and norms, which, among other things, establish optimal and permissible temperature indicators for workplaces), the head of the company may decide to reduce the working day or stop working at extremely low or high temperatures.

But this may be required by the employees themselves. According to Article 21 of the Labor Code of the Russian Federation, an employee has the right to workplace, which meets the state regulatory requirements for labor protection and the conditions stipulated collective agreement. According to the law "On the sanitary and epidemiological welfare of the population", working conditions, workplace and labor process should not have a harmful effect on humans. And what if not cold in the workplace can lead to hypothermia and human illness?

Thus, the employer is obliged to control the microclimate at the enterprise, including the temperature in the workplace. Temperature measurement at workplaces is carried out using a thermometer or psychrometer at least 3 times per working day (shift).

After measurements, it is necessary to draw up a protocol in which to substantiate and evaluate the measurements performed for compliance with the regulatory requirements of the Sanitary Rules. Only after carrying out all the necessary measurements, the employer can decide to reduce the working day of employees on the basis of the norms of the Sanitary Rules and retain full wages for employees, taking into account the fact that the ambient temperature does not correspond to permissible values.

If the work is related to the implementation labor activity outdoors, then Article 109 of the Labor Code of the Russian Federation provides for special breaks for heating at low temperatures. These breaks are included in the total work time.

And in judicial practice there were precedents when employees defended their right to a warm workplace.

In the Ruling of the St. Petersburg City Court dated October 25, 2010 No. 14529 state enterprise an order was issued to eliminate violations, including non-compliance with the temperature regime in the premises of the enterprise and at workplaces.

And in the Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of December 11, 2008 No. A82-653 / 2008-9, the court indicated that the employer did not provide safe conditions work for his employee, which led to an accident at work during the winterization of windows by the employee due to the unsatisfactory maintenance of the building, expressed in the non-insulation of window casings for work in the autumn-winter period, as a result of which the air temperature at the workplace was below normal.

For reference:

At what temperatures in the office is a shortened working day possible?

Working conditions are regulated by sanitary rules and norms SanPiN 2.2.4.548-96 "Hygienic requirements for the microclimate of industrial premises".

According to the document, those who work indoors are conditionally divided into five categories:

sedentary work. This includes managers, office workers, workers in the clothing and watch industries. For them, the most comfortable room temperature is + 22 ° С - + 24 ° С.
if you spend the whole day on your feet. For example, these are controllers, sales consultants. They should work at +21°С - +23°С.
work involves some physical stress. For example, tour guides, employees of cleaning shops on machine-building enterprises. The optimum temperature for them is + 19 ° С - + 21 ° С.
work associated with walking and carrying loads up to ten kilograms. Basically, these are factory workers - locksmiths, welders. For them, the temperature in the room should be + 17 ° С - +19 ° С.
suggests heavy physical work, for example, in foundries and forging shops. The same category includes loaders who carry furniture and equipment heavier than ten kilograms. For them, the temperature is somewhat lower - + 16°C - + 18°C.

If the temperature at the workplace drops by 1 degree below normal, the working time is reduced by 1 hour.

Thus, at a temperature of +19°C, a working day office worker will be 7 hours, +18 ° С - 6 hours and so on. At a temperature of + 12 ° C and below, work stops and, in accordance with Article 157 of the Labor Code of the Russian Federation, working time in this case is paid by the employer in the amount of at least two-thirds tariff rate.

However, I want to note that SanPiN 2.2.4.548-96 do not have the status of regulatory legal acts, and therefore, the requirements established by these acts cannot be considered mandatory, and are only advisory in nature.

If the workplace is located in unheated premises or work is done outdoors, you can follow “MP 2.2.7.2129-06. Work and rest regimes for workers in cold weather in an open area or in unheated premises, as well as regulatory documents of the regional and / or municipal level.

1. Article 21 of the Labor Code of the Russian Federation - the employee has the right to a workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement.

2. At the same time, Article 212 of the Labor Code of the Russian Federation obliges the employer, among other things, to ensure that labor conditions comply with labor protection requirements at each workplace; organization of control over the state of working conditions in the workplace, as well as the correct use of personal and collective protective equipment by employees.

3. On the basis of Article 219 of the Labor Code of the Russian Federation, each employee has the right, including the right to a workplace that meets the requirements of labor protection.

4. At the federal level, requirements for working conditions are regulated federal law dated March 30, 1999 No. 52-FZ “On the sanitary and epidemiological well-being of the population” (hereinafter - Law No. 52-FZ).

4.1. In particular, paragraph 1 of Art. 25 says that working conditions, the workplace and the labor process should not have a harmful effect on a person. Requirements for ensuring safe working conditions for humans are established by sanitary rules and other regulatory legal acts Russian Federation.

4.2. According to paragraph 2 of Art. 25 of Law No. 52-FZ individual entrepreneurs And legal entities are obliged to carry out sanitary and anti-epidemic (preventive) measures to ensure safe working conditions for humans and to comply with the requirements of sanitary rules and other regulatory legal acts of the Russian Federation to production processes and technological equipment, organization of workplaces, collective and personal means protection of workers, the regime of work, rest and welfare of workers in order to prevent injuries, occupational diseases, infectious diseases and diseases (poisoning) associated with working conditions.

5. In accordance with clause 4.2 of SanPiN 2.2.4.548-96. “2.2.4. Physical factors of the production environment. Hygienic requirements for the microclimate of industrial premises. Sanitary Rules and Norms” indicators of the microclimate should ensure the preservation of the heat balance of a person with environment and maintaining the optimal or acceptable thermal state of the body.

5.1. Based on clause 4.3 of SanPiN 2.2.4.548-96, indicators characterizing the microclimate in industrial premises are, among other things, air temperature, air velocity.

6. “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in an open area or in unheated premises, as well as on regulations regional and/or municipal level.

That's all for me. Until new notes!

One of the main tasks of the employer can be considered the provision of a favorable microclimate in the workplace.

However, many tenants do not comply with the temperature requirements, thereby violating the law.

What should be the temperature in the room according to the Labor Code of the Russian Federation?

Article navigation

Is the employer obligated to monitor the temperature in the room?

Article 212 can answer this question, according to which the employer will be held administratively liable for sanitary work not carried out on time.

The list of these measures also includes compliance with the temperature regime established by the Sanitary Norms and Rules (SanPiN), as it is too low or vice versa heat can lead to a decrease in energy levels and, as a result, its performance.

Accordingly, if the employer evades this obligation, he violates the law and must be punished.

We can say that the employer is obliged to monitor the temperature during the entire working period.

Temperature regimes at different times of the year

The temperature in the room in the summer, according to the Labor Code, should not be higher than:

28 degrees Celsius for 8 hours of operation.
30 degrees Celsius for 5 hours of operation.
31 degrees Celsius for 3 hours of operation.
32 degrees Celsius for 2 hours of operation.
32.5 degrees Celsius for 1 hour of operation.

Working at temperatures above 32.5 degrees is considered dangerous. The employer has some way to avoid the heat, namely: install special equipment (air conditioners, fans) in the work premises or reduce the number of working hours by special order.

The temperature in the room in winter, according to the Labor Code, should not fall below 20 degrees Celsius. If it does not meet the standards, the employer must install a heater in the workroom or reduce the number of working hours. Labor Code establishes the following temporary standards at low temperatures:

no more than 7 hours of operation at 19 degrees Celsius.
no more than 6 hours of operation at 18 degrees Celsius.
no more than 5 hours of operation at 17 degrees Celsius.
no more than 4 hours of operation at 16 degrees Celsius.
no more than 3 hours of operation at 15 degrees Celsius.
no more than 2 hours of operation at 14 degrees Celsius.
no more than 1 hour of operation at 13 degrees Celsius.

Labor regulations have established that working at temperatures below 13 degrees Celsius is dangerous.

Summarizing the above data, we can say that the temperature in the room in summer period should not exceed 28 degrees Celsius, and in winter should not fall below 20 degrees Celsius.

What should an employee do if the employer does not comply with the temperature regime?

Salaried workers often face negligent attitude of the employer. What to do in this case? There are several options:

ask the employer to normalize the temperature with the help of equipment (air conditioning, heater)
demand a reduction in hours of work in accordance with the regulations
file a complaint with the CPS
ask for help from the labor inspectorate

With the last two options, a special check will be conducted at the place of work, during which it will be established whether an offense has been committed.

As a result, we can say that the employee has several legitimate methods of influencing.

What punishment threatens the employer for non-compliance with the temperature regime?

In accordance with the Code of Administrative offenses, an employer who violates sanitary standards will be fined up to 20 thousand rubles, or his activity will be suspended for a certain period.