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In what cases are employees provided with special breaks during the working day (shift)? Special breaks for heating and rest

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 quite a lot of time is spent on this, and a decent number of hours accumulate over the reporting period. 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
Labor legislation has established various types of 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 Methodological Recommendations "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 working hours and rest periods of employees engaged in civil aviation air traffic control, 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 in the open air or in closed unheated premises;
- 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 "Work and rest regimes 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 measures to ensure the fulfillment of military duty or entry into military service under a contract, for the time of participation in these events at their place of permanent work, are paid average earnings, they are reimbursed for the costs associated with hiring (sub-hiring) housing and paying for travel to another locality and back, as well as travel expenses ( paragraph 2 of Art. 5 of the Federal Law of 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 the 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 of 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 for the performance of labor 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 attribute 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, preparatory activities are included in working hours by regulatory enactments. 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 (at 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 forms 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 affairs 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 legislation does not provide for such a type of disciplinary sanction as a fine.

What are special breaks

Employees engaged during the working day in the performance of labor functions, in addition to the break used for rest and eating, may be granted another special break. This possibility is established by Art. 109 of the Labor Code and is necessary when performing such work, as a result of which severe fatigue sets in, requiring it to be overcome.

The legislator has defined several types of such breaks. Legal norms establish the obligation to provide them to such employees who perform labor functions that make it impossible to carry out long-term work without proper rest.

Legal literature highlights the following features that underlie the provision of a special break:

those that are provided as a result of the specificity of the technological and organizational process;
those that are necessary for workers employed in open space or closed unheated premises, subject to the cold season;
those that movers need during loading operations.

The list is not exhaustive, which enables the employer to provide such breaks to other categories of employed persons. Additional professions or specialties defined by local acts of the company or the order of its head may be related to those for which a special break is established. In progress labor activity such a list may change, depending on production needs, changes in organizational principles and rules for the performance of work.

Legislative norms put an emphasis on breaks associated with the need for heating, which is justified by a special way of organizing work in terms of its technology.

The provision of this kind of breaks may be due to specific industry characteristics, technological features, and may also be applied to certain types of labor. In some sources, the entire set of breaks related to specific ones was called functional, as well as technological.

The norms of the Labor Code do not give a clear rule on how special breaks for heating and rest are taken into account in the total amount of working time. At the same time, from the point of view of taking into account the time for performing the assigned functions, such time should be counted as working time. However, it is impossible to oblige the employer to take this period into account as a working period. The issue of including special breaks during working hours should be resolved by the provisions of the collective agreement and other local acts.

At the state level, requirements have been established that determine the obligation to provide employees with special breaks, in the presence of the specificity of technological processes and the very organizational structure of work. Such requirements relate to the norms included in labor protection. Among them stand out sanitary norms installed, including when performing work with video display equipment.

Another reason for establishing special breaks can be security itself. Thus, air traffic controllers must stop their work functions every two hours, leaving for a 20-minute break.

Collective agreements and other local acts of companies, as well as agreements concluded between the employer and the employee, may contain agreements on how special breaks for heating and rest will be provided. Practice shows that such breaks are short-term and are required for a short rest or satisfaction of one's own needs.

The concept of such breaks, which are provided to employees, includes time for performing gymnastics and physical education elements during the production cycle. Most often, it is provided to such workers who, as a result of the specificity of work, have an urgent need to use outdoor activities.

Such a break can reduce fatigue and increase worker productivity. A short rest, carried out within the psychological relief room, allows the employee to relieve emotional stress. The right to grant such breaks rests solely with the employer.

Categories of employees eligible for special breaks

Special breaks established by the legislator or local acts of enterprises should be provided to employees who are engaged in:

specific technological or organizational processes;
work processes carried out in an open space or a closed unheated room, subject to the cold season;
loading operations.

In addition to legislative consolidation, special breaks can be reflected in local acts of enterprises. Employers may establish additional breaks of a special nature that are not established by the legislator.

The special break provided to employees must be used by the employed according to the schedule. Such a break refers to the time payable and is provided to employees, regardless of the order of the head.

Features of special breaks for heating and rest

One of the types of breaks of a special nature includes breaks that are given to employees whose work is carried out during the cold period of time, in open air conditions. The same breaks are established for workers who perform work in unheated closed premises. An example of such work is the construction of buildings, roads, etc.

Loaders who carry out loading and unloading operations also need special rest. Such a period must be included in working hours and paid, in accordance with their tariff rates.

The number of such breaks and the duration are to be determined based on the climate conditions, the degree of intensity of the functions performed and their tension, which is reflected in the standards of enterprises.

The absence of such norms in the acts of companies is the basis for the use of special rest time, based on legal provisions, which indicates the impossibility of the employer's refusal to provide it.

In addition to the obligation of the employer to provide a break of this type, he must also organize a place for heating. The room should be equipped so that it is possible not only to warm and relax, but also to eat, to perform sanitary and hygienic procedures.

Violation of this obligation, which caused illness and disability, may be recognized as an employment injury, which is the basis for compulsory compensation for harmful consequences, which can be carried out as part of a trial.

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Extra break

Good evening! Employees of the security company serving on the territory of the store require a break every 2 hours and 15 minutes, in addition to two breaks of 30 for meals, referring to an article in the labor code! Is it so? Please tell me the article!

Maria 04/09/2019 21:32

Good afternoon According to Article 108 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 at least 30 minutes, which is not included in working hours. The internal labor regulations or the employment contract may provide that the specified break may not be granted to the employee if the duration of daily work (shift) established for him does not exceed four hours.

10.04.2019 12:48

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Check out this article.

Mironov Alexander Konstantinovich 11.04.2019 13:43

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provision of specially equipped premises for employees in the winter season

Good afternoon Tell me, is it necessary to provide a specially equipped room for heating in winter time years for employees working on a rotational basis. These employees live in heated trailers at the facility. Will it be legal if, during the break provided to them for heating, employees will be in their heated trailers, where there is a kettle and a heater? Thank you.

Ekaterina 14.01.2019 12:53

Good afternoon
In accordance with Art. 109 of the Labor Code of the Russian Federation, employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide the equipment of rooms for heating and rest of employees.
This legal norm does not say that there should be a separate specialized room for heating and resting workers.
In accordance with "MR 2.2.7.2129-06. 2.2.7. Labor physiology and ergonomics. Work and rest regimes for workers in cold weather in an open area or in unheated premises. Guidelines"(approved by the Chief State Sanitary Doctor of the Russian Federation on September 19, 2006) the air temperature in places of heating should be maintained at 21 - 25 degrees C, these rooms should also be equipped with devices for heating hands and feet, the temperature of which should be in the range of 35 - 40 degrees C. For faster normalization thermal state body and a lower cooling rate during the subsequent period of stay in the cold, in the warming room, you should take off the outer insulated clothing, and therefore it must be suitably equipped.
Thus, I believe that, taking into account the specifics of each construction site, it is possible to heat workers in residential trailers ("beams") if they are located near the place of work.
But it is also necessary to take into account the rules for living in shift camps adopted at the enterprise. They often contain provisions stating that one must not wear dirty work clothes in living quarters.
As a rule, dryers, locker rooms are arranged, where workers are heated.

Saybotalov Vadim Vladimirovich 14.01.2019 13:22

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The main thing is that labor discipline is not violated, and workers do not regard this as a loophole to shirk work.

Fedorova Lyubov Petrovna 15.01.2019 09:25

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special breaks to overcome fatigue

Hello, please advise. I work as a cleaner industrial premises at the isotope separation plant, can I count on additional breaks during the working day. The employer requires me to work all 8 hours (from 8-17), it is physically very difficult for a woman,

elena 08.10.2018 17:07

Malov Dmitry Vladimirovich 08.10.2018 17:14

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Agree with colleague.

Dubrovina Svetlana Borisovna 09.10.2018 08:00

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The peculiarity of this type of rest time is that the employee is provided with rest during his working hours, and in cases expressly provided for by labor legislation, some breaks are included in working hours and paid accordingly. Breaks during the working day (shift) are mainly devoted to Art. 108 and Art. 109 of the Labor Code of the Russian Federation.

These articles provide for two groups of breaks during the working day (shift):

1. break for rest and food;

2. special breaks for heating and rest.

In accordance with Part 1 of Art. 108 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. A break for rest and meals is not included in working hours.

The time for providing a break for rest and food and its specific duration are established by the internal labor regulations or by agreement between the employee and the employer (part 2 of article 108 of the Labor Code of the Russian Federation).

At jobs where, due to 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 (part 3 of article 108 of the Labor Code of the Russian Federation).

In addition to a break for rest and meals, some categories of employees in certain types of work are provided with additional breaks that are included in working hours. These breaks are due to technology and organization of production and labor. The types of work, the duration and procedure for providing these breaks are established by the internal labor regulations of the organization (part 1 of article 109 of the Labor Code of the Russian Federation).

In particular, labor legislation provides for the obligation to provide the following breaks, which are included in working hours:

(1) Special breaks for heating and rest (part 2 of article 109 of the Labor Code of the Russian Federation). These breaks are provided to employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

(2) Breaks for feeding the child (children) (Article 258 of the Labor Code of the Russian Federation). These breaks, in accordance with Part 1 of Art. 258 of the Labor Code of the Russian Federation, are provided to working women with children under the age of one and a half years, in addition to a break for rest and food at least every three hours for at least 30 minutes each. If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.

This article also provides for the possibility, at the request of a woman, to add breaks for feeding a child (children) to a break for rest and food, or in a summarized form to transfer these breaks both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her) .

In accordance with Part 3 of Art. 258 of the Labor Code of the Russian Federation, breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.

It should be borne in mind that women with children under the age of one and a half years, if it is impossible to perform their previous work (including if it is impossible to provide them with breaks to feed the child (children)), they are transferred in accordance with Part 4 of Art. 254 of the Labor Code of the Russian Federation upon their application for another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.

Breaks during the working day (shifts)

In part 1 of Art. 108 of the Labor Code of the Russian Federation states that during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes, which is not included in working hours. Consequently, the employee has the right to be released from work during the working day (shift) lasting from thirty minutes to two hours.

The employee can use this time at his discretion. In turn, the employer has an obligation corresponding to this right to provide the employee with a daily break of the specified duration.

The employer is not entitled to establish the considered break of more than two hours, since the establishment of such a break means dividing the working day into parts.

Whereas the regime of dividing the working day into parts is introduced in a different order than providing the employee with a break for rest and food during the working day (shift).

In accordance with Part 2 of Art. 108 of the Labor Code of the Russian Federation, the time for providing a break for rest and eating during the working day (shift) and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer. As a rule, a break for rest and eating is provided after four hours of work.

The duration of this break depends on the opportunity for the employees of the organization to eat. The presence in the organization of specially equipped places for eating allows the employer to set the duration of such a break from 30 to 45 minutes.

For the convenience of workers, breaks for rest and meals may be provided to them at different times so that they do not waste their time off from work in the queue for food. To achieve this goal, a break for rest and eating can be established for employees of structural divisions of the organization at different times.

Establishing a break of 45 minutes during the working day (shift) allows you to reduce work on the last working day with a five-day working week by 1 hour. 15 minutes (15 minutes x 5 days).

The time for providing a break for rest and eating during the working day (shift) and its specific duration can be determined by agreement between the employer and the employee, in particular by including an appropriate condition in the employment contract.

This agreement must be in writing. The absence of written evidence of its conclusion deprives the parties of the employment contract of the right to refer to witness testimony to confirm its terms.

The absence in the internal labor regulations of the organization, the employment contract, the annex to it of the condition for granting a break during the working day (shift) allows the employee to independently use this break, since its provision does not depend on the discretion of the employer.

In this case, the employee's actions should be recognized as legal if the duration of this break did not exceed two hours, that is, the duration established by law.

However, the legislation provides for cases when the employer has the right not to provide employees with this break. In part 3 of Art. 108 of the Labor Code of the Russian Federation states that at work where, according to the conditions of production (work), it is impossible to provide a break for rest and eating, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours.

In this case, the employer, as a rule, organizes meals for employees at the workplace. The duration of rest and meals in such a situation lasts no more than thirty minutes, since the use of 30 minutes means providing a break for rest and meals.

The list of jobs at which it is impossible to provide a break for rest and meals, as well as places for rest and meals by employees employed in these jobs, are established by the internal labor regulations. Providing the employer with rest and meals during working hours improves the position of employees, since a break of up to 30 minutes provided for this purpose is payable, since it is included in working hours.

In cases where the employer fails to fulfill the obligation to provide meals to employees during working hours, they have the right to take advantage of a break for rest and eating for up to two hours. But this break can be included in working hours only by agreement with the employer.

The absence of such an agreement means the extension of working time by the time spent by the employee on the specified break.

As already noted, this break in accordance with the law is not subject to payment. However, the employer may, at his own expense, pay employees for the time of such a break. In such a situation, the position of employees in comparison with the legislation is improving, and, therefore, the actions of the employer are legal and justified.

In part 1 of Art. 109 of the Labor Code of the Russian Federation provides for the provision of employees engaged in certain types of work during working hours with special breaks due to technology and organization of production and labor. The types of these works, the duration and procedure for providing these breaks are determined by the internal labor regulations of the organization. Such breaks should be established for all types of work, since the employee is not able to work without rest throughout the working day.

In addition, there are types of work that, according to labor protection rules, require breaks during the working day (shift), for example, work on a computer. These breaks are short-term, that is, their duration lasts up to 30 minutes, they are included in working hours, which implies their payment.

In part 2 of Art. 108 of the Labor Code of the Russian Federation states that workers working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other workers, if necessary, are provided with special breaks for heating and rest, which are included in working hours.

Therefore, these breaks are subject to payment. The employer is obliged to provide the equipment of premises for heating and rest of employees performing their labor function in cold conditions. Employees who work in cold weather in unheated premises or outdoors, as well as loaders, have the right to short-term breaks during the working day (shift), which are included in working hours.

The absence in the local acts of the organization, the employment contract, the appendix to it of the condition for granting short-term breaks to the listed employees allows them to independently use such breaks, since their provision does not depend on the discretion of the employer.

In accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, the employer is obliged to provide the named breaks, providing heated premises for their use. In this connection, the actions of the employee to use these breaks should be recognized as legal if their duration does not exceed 30 minutes.

The use of a break lasting more than 30 minutes makes it possible to recognize such a break as a rest period provided for rest and meals. This period of time may be included in working hours only by agreement with the employer. The absence of such an agreement is the basis for extending the working day (shift) for the duration of the specified break.

The employer has the right to establish at his own expense other breaks during the working day (shift) in compliance with the rule on the inadmissibility of worsening the position of the employee in comparison with the law. One of the conditions for improving the position of employees in comparison with the legislation is the inclusion of these breaks in the working hours of employees, which entails their payment.

In accordance with Part 1 of Art. 109 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) for certain types of work provides for the provision of special breaks to employees during working hours due to technology and organization of production and labor. The types of such work, the duration and procedure for granting breaks are established by the internal labor regulations.

According to part 2 of Art. 109 of the Labor Code of the Russian Federation, employees working in the cold season outdoors (for example, janitors) or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which included in business hours. The employer is obliged provide

equipment of rooms for heating and rest of workers.

There are a number of acts establishing the conditions for the provision and duration of special breaks for heating and rest for certain categories of workers.

These acts include:

Sanitary rules for sea and river ports of the USSR (approved by the Deputy Chief State Sanitary Doctor of the USSR on June 2, 1989 No. 4962-89);
PB 03-428-02. Construction Safety Rules underground structures(approved by the Decree of the Gosgortekhnadzor of Russia dated 02.11.2001 N 49);
POT RO-13153-TsT-926-02. Industry rules on labor protection at bases solid fuel railways (approved by the Ministry of Railways of Russia on November 25, 2002 N TsT-926).

These acts are binding on employers.

If the conditions, duration, procedure for providing special breaks for heating and rest are not legally defined for employees of the relevant industries, then they are established by the internal labor regulations, which are approved by the employer, taking into account the opinion of the representative body of employees and, as a rule, are an annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation).

In this case, it is recommended to be guided by MR 2.2.7.2129-06. 2.2.7. Physiology of labor and ergonomics. Modes of work and rest of workers in cold weather in an open area or in unheated premises. Guidelines, approved. Chief State Sanitary Doctor of the Russian Federation on September 19, 2006, which established hygiene requirements to the mode of work in the cold season in an open area.

In accordance with these Guidelines, it has been established that at air temperatures below -30 ° C it is not recommended to plan the performance of physical work of a category above IIa ( See Guidelines MR 2.2.7.2129-06). At air temperatures below -40 °C, face and upper respiratory tract protection should be provided. In the absence of face and respiratory protection, work in an open area should not be carried out at combinations of air temperature and wind speed that pose a risk of frostbite after 1 minute.