Types of breaks that are included in working hours and paid. Frequency and duration of breaks during working hours according to the labor code Not to the detriment of work
“I’ll go for a walk”, “I’m taking a break”, “I’ve been sitting too long, I need to warm up”, “I’ll go get some air”, “Let’s take a walk to the next department” - all employees need breaks from work. Whether they work in an office or a workshop, at a computer or at a machine, with people or documents, a work-rest regime always takes place. How much time can and should be allocated for tea parties, lunches, and “walks”? How often can you take “smoke breaks”? How to effectively control rest time for employees?
We present the next post in the HR series on the correct regulation of breaks for office employees.
What about the law?
That's right - this is, first of all, in accordance with current legislation. The Labor Code of the Russian Federation states the following. According to Article 108 “Breaks for rest and food” of Chapter 18 of Section V, “during the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours. The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.”
That is, if in your organization, as in most others, office employees work from 9 to 18 (from 10 to 19), then their lunch break is usually 1 hour. It can be increased to 2 hours (if, for example, the canteen is located far enough from the office or employees prefer to go home for lunch to the other end of the city) or reduced to 30 minutes. Accordingly, it is necessary to increase or decrease the time spent at the workplace. Don't forget that a working day is 8 hours. Typically, a break for rest and food is provided to employees approximately four hours after the start of work. By the way, it should be noted that this break is not included in working hours and is not paid, which means it can be used by the employee solely at his own discretion. He can have lunch, go shopping or other personal matters.
With the main meal - lunch - everything is more or less clear. In practice, much more questions are raised by “smoking breaks,” “walking” along the corridors and drinking tea. Let's figure it out. The work of an office employee is in one way or another connected with the use of a computer, and it is this condition that usually determines the presence of short breaks, “five minutes” during the working day. Again, according to the law, to prevent premature fatigue of workers - PC users - it is recommended to organize working time by alternating work with and without using a computer (clause 1.3 of Appendix 7 to SanPiN 2.2.2/2.4.1340-03).
If the work requires constant interaction with the monitor (typing texts, viewing information, entering data) with intense attention and concentration, then it is recommended to organize breaks of 10 - 15 minutes every 45 - 60 minutes of work. It must be emphasized that such breaks are included in working hours by virtue of Part 1 of Art. 109 Labor Code of the Russian Federation. They are needed to reduce neuro-emotional tension and eliminate the influence of physical inactivity (insufficient muscle activity). Some of the employees can walk along the corridor or go outside, do exercises or sit in a chair in the break room. What can I say, sometimes the simple opportunity to get up, go to the window or pour a cup of tea works well: and after 5 minutes a person returns to work with renewed vigor.
Let's go back to the real world
Everything would be absolutely fine if all employees worked with equal dedication and rested exactly as much as their body needed to restore performance. In fact, any manager has encountered situations of uncontrolled breaks and “smoke breaks”: one by one or in groups, by their own department or catching up with others, employees go into the “smoking room” or the office kitchen: “We are taking a legal break.” As a result, this break drags on for longer than expected, work stops, and discipline rapidly declines. There is no need to talk about the benefits of conversations between employees during breaks, or the advantages of informal communication, since we are considering cases where such long “smoke breaks” significantly affect the quality and results of work.
In relation to free time at the workplace, all employees can be divided into two types. The first, having finished performing their work within the framework of the functionality, having solved the minimum number of tasks per day, sit on social networks, go out every ten minutes to chat with colleagues, and call about personal issues. In short, they use their working time unproductively - they end up with continuous breaks.
The second type of employees, having completed the usual amount of work per day, begin to actively look for other activities on their own (they look for what can be improved in daily activities, see problems, set and solve problems in addition to their immediate responsibilities) or through contacting their manager (“What else can I do?” do?”, “Let me do this?”, “Are there any other tasks for me?”). In the case of the second type, there can be no question of inappropriate use of breaks. After all, as we remember, these are category A employees; They are, as a rule, proactive, organized workaholics - in terms of discipline, it is easier with them.
Let's get back to the breaks. Their total duration for all employees when working at a PC can range from 50 to 90 minutes with a normal “office” working day of 8 hours. These breaks must be regulated using internal local regulations; Usually the work and rest schedule is described in the Internal Labor Regulations, and these can also be orders and instructions from the manager. Such documents must be familiarized with signature to all new employees and the entire team if a new document is adopted. Failure to comply with the adopted rules is grounds for disciplinary action with all the ensuing consequences (up to and including dismissal in case of systematic violation).
Breaks can be prescribed, strictly tied to time, for example, “every two hours for 10 minutes at the beginning of the hour,” or by making them “floating.” How to track the time an employee is absent from work? For this, there are various time tracking services; you can install special programs on your PC; corporate information systems often have a function for such accounting. A very simple option - when an employee leaves for a break and returns from it, he leaves a note to the manager indicating the time of the break.
Separately, it is necessary to say about smoking while working. Whether smoking breaks are classified as main breaks or not is a controversial issue. Employees who smoke frequently walk along the corridors, drink tea and talk on the phone not about work matters, no less than others. Therefore, their working hours are reduced even further. How to deal with frequent “smoking breaks”? Here, of course, we are not talking about the dangers of smoking, but about how such non-working pastime can be regulated.
There are many different ideas. An example is employers who, in the fight for the health of their staff, completely prohibit smoking on the premises of the enterprise, but here there is a possibility that employees will “run around the corner” and be late for work in the morning. It is illegal to reduce wages for smoking, but it is possible to pay extra for non-smokers; this practice also exists. This option also works well in companies - employees who smoke are simply given longer working hours. Let’s say his “smoking breaks” take 30 minutes a day, which means his working day is extended by half an hour.
Instead of a conclusion
Let us list a few simple rules that will help effectively regulate breaks in the work of office employees.
- The work and rest schedule must be the same for all workers.
- When developing this mode, you need to take into account the nature of the work (office, production, availability of a PC, etc.), the length of the working day, and the alternation of workdays and weekends.
- All employees must be familiarized with documents regulating breaks, against signature.
- It is necessary to develop and implement a system for monitoring the use of breaks by employees.
- This system should be simple and understandable to all employees.
And also, don’t forget that breaks are really necessary. An employee completely immersed in work for 8 hours, “tied” to the workplace in the literal sense of the word, is not only illegal, but also ineffective. It is known that we often make the greatest achievements and successes at work precisely after a break (be it a vacation or a cup of tea by the window).
Therefore, it is important to choose for your company exactly the individual scheme that will work, to find a balance between working time, work and rest at each workplace.
High conversions to you!
Daria Khoromskaya,
Head of HR Department at LPgenerator
To maintain strength during the working day, a person needs a break to rest and eat. This aspect is noted in the Labor Code of the Russian Federation. If you encounter difficulties in providing free time for rest at work, pay attention to the content of this article and find out about your rights guaranteed by law.
Minimum break for rest and food for a worker during the working day according to law
Various aspects of labor relations between employees and the employer are regulated by the Labor Code. The provisions of the relevant legal act indicate the time allocated by law for personnel rest. In addition, the content of the company’s labor charter, which specifies the time for lunch, is important. The internal regime of the organization must comply with the rules of the law.
- Lunch time during the day cannot be less than established by law, i.e. 30 minutes;
- The maximum time allotted for rest and eating is 2 hours;
- At individual enterprises, internal regulations may establish several intervals for recuperation.
Types of breaks at work
The Labor Code of the Russian Federation has reviewed and noted a list of possible types of breaks during the working day. This list should be included in the internal labor regulations.
The following classification of pauses during work has been established:
- General break for rest and lunch;
- Special - provided to workers of certain professions. The duration of the intervals is determined by the complexity of the organization and production technologies. This time must be included in working hours;
- Time to feed the child - this process is carried out for 1.5 years. An employee has the right to take breaks every 3 hours. You should spend at least one hour doing this. Also, such time can be provided to persons raising a child on their own;
- The law provides for the provision of several breaks for workers in cold conditions, in open, unheated rooms;
- At the request of the manager, the organization’s regulations may prescribe additional intervals to maintain the strength and health of employees.
The time provided for nutrition and relaxation is not paid by the employer. The employee has the right to dispose of the free period as he wishes. If the management of an organization neglects to provide employees with free time for rest, then it is obliged to pay for this time. Voluntary performance by an employee of work duties during the lunch period does not mean that remuneration will follow.
The Labor Code of the Russian Federation does not provide for smoking breaks. But if the employer strictly prohibits this event during the working day, a lawyer can help you defend your right to a break or challenge fines.
Technical breaks during the working day
In certain types of work, employees may be provided with technical breaks during the working day. Their number and duration are determined by the nature of work activity and are noted in the internal regulations. As the law states, this period can be 10-15 minutes every hour or hour and a half. As a rule, such breaks are paid by the head of the enterprise.
Paid breaks during the working day
If you are a worker in a certain type of profession, then by law you have the right to several breaks a day. The time allotted for relaxation must be paid for by the employer. In addition, time provided to breastfeeding women is subject to payment.
Remember that the legislation of the Russian Federation is on the side of the workers, so even the temporarily unemployed can receive borrowed funds. Loans for the unemployed
Breaks during the working day at the computer
A distinctive feature of working at a computer is its monotony, immobility and tension. Such work activity carries certain risks to human health. Therefore, a desirable condition for such work is the provision of several breaks during the working day.
It should be noted that the Labor Code does not directly control this aspect. However, this does not mean that the employer is not obliged to provide workers with breaks.
In accordance with other legal acts and regulations, the employee must be ensured safety and health. This implies the need to provide short breaks for those working at the computer.
Women who work at a computer should be given regular rest time. This period is equal to 5-10 minutes every hour.
Breaks during the working day during physical activity
In accordance with the provisions of labor legislation, a list of professions has been determined whose representatives must receive several short breaks during the working day. This category includes persons involved in physical labor. During work, to restore their strength and raise their tone, they have the right to periodic pauses. The duration of these intervals should not be less than 15 minutes.
Breaks during the working day for shifts
Labor legislation of the Russian Federation notes the right of employees to rest between shifts. This period represents the time when work ends and starts the next day. However, a more detailed idea of the days off between shifts should be specified in the internal regulations of the organization. As a rule, the work schedule should be established so that the duration of rest for an employee on shifts is twice the duration of work.
During working hours, the employee must fulfill his work obligations. There are situations when an employer neglects its responsibilities and violates the legal rights of workers. To avoid such arbitrariness, you need to be aware of your rights. To do this, it is recommended to familiarize yourself with the content of labor legislation.
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Information about which breaks are included in working hours and paid is contained in the Labor Code and other regulations. Managers are required to adhere to established rules for providing breaks to their staff. In addition, they bear a certain responsibility, so they cannot reduce the duration of the break or prohibit it altogether.
Every employer knows that he is obliged to provide his employees with a certain number of breaks during the working day. When it comes to a break, a working person immediately thinks of lunch or free time for smoking breaks. But according to the labor legislation of the Russian Federation, there are much more of them.
They are conventionally divided into several groups:
- are common;
- special;
- mandatory;
- recommended;
- paid;
- unpaid.
This classification makes it possible to determine which rest periods can be used by all workers, and which only by representatives of a narrow range of professions. Common ones include lunch breaks and other types of stopping work for personal needs. Special breaks are used in various industries where employees require additional free time, as well as for certain categories of employees (employees with small children, etc.).
If we talk about mandatory and recommended breaks, the former are the responsibility of management, and the latter are provided as necessary and on the basis of internal local regulations. Most periods of rest during the day must be paid, but there are some that are not.
All information about breaks, including their duration, is determined by a large number of documents. These are collective and labor agreements, as well as relevant internal regulations.
Unpaid
But there are also exceptions. For example, teachers do not stop working, leaving for personal matters during their vacation. Their lunch time coincides with the students’ lunch, as does its duration. Therefore, they have a paid break for rest and food.
The lunch break has its own specifics depending on the type of activity of the employee. According to the Labor Code of the Russian Federation, lunch can last from half an hour to two hours and in most cases is never included in the work process. The boss decides what duration to set, minimum or maximum. For example, drivers, as well as air traffic controllers, have two lunch breaks during an 8-hour working day. In addition, the dispatcher is also entitled to one additional hour of rest.
People who work less than an 8-hour day also need time to rest and recuperate. Part-time workers and those who work part-time can count on a minimum lunch period. It rarely lasts half an hour. The employer also has the right to provide such subordinates with work during that period of the working day when there is no need to go to lunch.
Paid
There are a number of breaks that management must include in working hours and then pay for. There are few of them, but they are all regulated by the Labor Code of the Russian Federation and other regulations.
Feeding
This type of vacation should be provided to young mothers with children under 1.5 years old. The break interval is 30 minutes of rest every 3 hours. If the employee has several children of this age, then its duration should be at least 1 hour.
Note: the boss has the right, at the request of a subordinate, to summarize these breaks and move them to the beginning, middle or end of the shift. Thus, a woman's working day is significantly reduced.
Heating
This termination of the work process is classified as special, since it is used only for special types of work. They can count on him:
- persons carrying out labor activities on the street or in an unheated room;
- subordinates working on loading and unloading operations.
According to the rules specified in these recommendations, the room temperature should be between 21–25°C. When establishing the frequency and duration of such breaks, employers use special guidelines. Much depends on the number of working days and weekends.
If personnel are engaged in the construction of underground structures and use vibrating tools, then the rest time is 15 minutes for every 40 minutes of work. In addition, the air temperature in the heating room must be at least 40°C. Such interruption of the work process is required by law to be paid.
Technical breaks
The employer is obliged to establish special breaks during working hours according to the Labor Code. Their conditions depend on the nature of the work performed by the staff. If a subordinate working at a computer has an 8-hour working day, then technical breaks should be as follows:
- Load level up to 20 thousand characters. There are two breaks of 15 minutes, 2 hours after the start of work and after lunch.
- Load level up to 40 thousand characters. There are also two 15-minute rest periods, but management may instead set a 10-minute break every hour.
- Load level up to 60 thousand characters. An employee may take two 20-minute breaks two hours after the start of the shift and the end of lunch. Their employer can replace them with breaks of 15 minutes every 1 hour.
With a 12-hour working day, the manager must set breaks in the first 8 hours of work, which are used when the employee has an 8-hour working day. For the next 4 hours, the break time should be at least 15 minutes every hour.
Other breaks
There are a number of professions that provide additional time for rest. All of them are contained in various regulations. For example, the Regulations on the work and rest schedule of drivers contain the following types of breaks:
- Special breaks for drivers to rest while driving.
- Downtime during loading and unloading, as well as boarding and disembarking people.
- A period of time when a driver is in a vehicle but is being driven by another driver.
As for other specialists, wages include:
- For employees involved in fire retardant coating, the employer is required to provide at least 10 minutes of rest every hour.
- For workers whose responsibilities include organizing freight transportation using special protection, the hourly rest must be at least 15 minutes.
Labor legislation provides for time when a person does not work, but he is still paid. How much time can an employee spend on additional duties, and what cases will not be considered absenteeism? In this case, we are talking about the employee performing various public duties. This could include jury duty, military service, etc.
Many employers do not know whether the wages include the time that a specialist spends on the preparatory process for work. This includes changing into overalls, turning on the equipment, etc. In addition, it is not clear how much time should be given to a subordinate to perform these actions and how legal it is not to pay for it.
It is interesting that the norms of legislative acts (including the Labor Code) do not classify this time as either work or rest. Therefore, in practice, all these actions of employees are attributed specifically to working time. At the same time, employers are guided by whether these actions are an integral part of the work process and whether the employee can start work without them. If not, then this time must be paid for.
Knowing which breaks are included by the employer in working hours and paid for, it is easier for a subordinate to defend his rights. But he is also obliged to fulfill his functions and comply with internal regulations. And if an employee uses work time for his own personal purposes, he may be subject to disciplinary action or dismissal.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
Our lawyer can advise you free of charge - write your question in the form below:
The legislation distinguishes the following types of breaks:
For example, a working day is 8 hours, which includes 3 feeding breaks of 30 minutes each (1.5 hours in total).
By writing an application with a request to postpone the summarized break time to the end of the working day, a woman can leave 1.5 hours earlier without working this time in the morning or another day.
Neither the internal regulations nor the agreement between the employee and the organization’s management can conflict with Article 108 of the Labor Code of the Russian Federation!
Is the break included in working hours?
Working hours include and are paid for regulated breaks:
- break for heating and rest;
- break to feed the baby.
During these during breaks you should do only those things what they are intended for.
For example, you cannot go to the dining room instead of warming up in the designated area.
During working hours does not include regular lunch break. There is an exception only for those jobs for which a break cannot be provided.
In this case, the manager should give the opportunity to rest and have lunch at the workplace.
This may apply, for example, to positions such as concierge, security guard, technical support employee, etc. - when the employee cannot leave the workplace.
The list of such positions is not specified by law; they are established by internal documents of the enterprise. Management must also indicate in the internal regulations when and where such an employee can rest and eat.
Is it possible to refuse a break voluntarily?
Sometimes employees are interested in the question: is it possible to voluntarily refuse lunch and leave work early?
The employer has, and, moreover, must refuse such a request.
After all, the Labor Code clearly states that it is obliged to provide time for a break.
In practice, such an agreement takes place, but it cannot be recorded in the internal regulations and given official status - such a document would be contrary to the law, and the agreement itself will be invalid from a legal point of view.
The length of the working day cannot influence the availability of a break. Even if an employee works only a couple of hours a day, the employer is required to provide him with at least a 30-minute break.
Experts have different opinions on this matter; some believe that if the working day lasts less than 4 hours, then the employee may not be given a break, and gives reasons for their position. But most lawyers are of the opinion that a break is due in any case, at least the current legislative norms can only be interpreted this way.
Daily (between shifts)
Although there is a concept of daily rest between shifts in article 108 of the Labor Code of the Russian Federation, it is not disclosed properly. There are no instructions on the duration and procedure for providing such rest.
However, the start time and end time of the working day specified in the employment contract indicate how much time should be allocated for it.
After an employee has worked a set number of hours, he receives the right to rest between shifts. Wherein 12 – maximum number of hours, after which such a right can be obtained (if we are not talking about daily duty).
Duration
The duration of rest between work shifts cannot be less than double the number of hours worked per shift.
This also applies to employees working on a daily basis - the shortest rest period for them is 48 hours. Only in exceptional cases is it possible to reduce this time to 24 hours.
The Labor Code does not stipulate the duration of daily rest between shifts; when speaking on this topic, one should be guided by the resolution of the Council of People's Commissars of the USSR dated September 24, 1929, which has not yet been repealed.
Knowledge of the legal provisions regulating breaks helps to save the employer and employees from many conflict situations that arise due to insufficient awareness of their rights and responsibilities.
Many issues will resolve themselves if both parties simply follow the letter of the law.
