Labor Code: working hours and rest breaks. Work and rest schedule: how to properly regulate work breaks for office employees

Current version of Art. 108 of the Labor Code of the Russian Federation with comments and additions for 2018

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 work time does not turn on.

The time for granting a break and its specific duration are established by the internal rules labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, 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 food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

Commentary on Article 108 of the Labor Code of the Russian Federation

Chapter 18 of the Labor Code of the Russian Federation is devoted to breaks in work, weekends and holidays.

Breaks at work are a broader concept than breaks during the working day (shift); they include all types of breaks and daily (between shifts) rest.

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See: Ukhtinsky P.V. The right of workers to rest: Breaks during the working day (shift): abstract. dis. ...Ph.D. Ekaterinburg, 2009. P.14.

Breaks during the working day are largely separated from other types of rest time. One of the hallmarks of breaks is their short duration.

In turn, breaks during the working day (shift) include two groups of breaks:
- general - breaks for rest and food (Article 108 of the Labor Code of the Russian Federation);
- special breaks: due to technology and organization of production and labor (Part 1 of Article 109 of the Labor Code of the Russian Federation); breaks for heating and rest (Part 2 of Article 109 of the Labor Code of the Russian Federation).

Breaks for rest and nutrition (lunch break, short breaks for rest and personal needs of workers) are common to all categories of workers. They perform, first of all, a reproductive function; their provision is associated with the need to satisfy natural human needs for food intake and short-term rest. Such breaks are not included in working hours and are not paid; therefore, the employee has the right to use the break time at his own discretion (for rest, food, walking, watching Email and communication in in social networks, performing any other work, etc.) both in the workplace and outside it.

The commented article sets the minimum and maximum time limits for breaks for rest and food. The duration, start and end times of such breaks are determined based on the specific conditions and specifics of the functioning of the organization (enterprise), taking into account the existing food service there, but within the specified boundaries, a break for rest and food cannot last less than 30 minutes and more than two hours. In this case, breaks can be of a “floating” nature and provided at a time convenient for employees.

The time and duration of breaks can be determined:
- internal labor regulations or
- an agreement between the employee and the employer.

The condition on working hours and rest time () may be included in the content of the employment contract, if for of this employee it is different from general rules valid for this employer. At the same time, issues related to the provision of breaks during the working day are often resolved at an informal level. In this case, the position of the employer plays a rather significant role. Thus, some employers believe that “if an employee is constantly in work mode, nervous breakdowns occur, and brain activity becomes dull... it is impossible to get an excellent result at work from any person if all his thoughts are only about the fact that he needs to see a doctor in time pick up a child from kindergarten or meet relatives at the station,” others are inclined to believe that if an employee has concluded employment contract, then the employer is free to have the employee available for 8 hours.

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Sardaryan A. How to manage employees’ working time? // Personnel Management. 2010. N 8.

In any organization, situations are possible when an employee needs to talk on the phone with his family (such conversations can take on average from 10 to 15 minutes; conversations between colleagues can take the same amount of time), in addition, occasionally an employee can ask to take 2-3 hours off to urgently solve problems that have arisen (go to see a doctor, buy a train ticket, conclude a property transaction, etc.). Not all of the problems listed above can be solved during a lunch break. However labor legislation guarantees the obligatory provision of only this type of rest time to employees.

In addition to these types of breaks during the working day (shift), employees may be provided with short-term breaks, which are included in working hours by taking them into account when establishing labor standards.

For certain categories of workers, the procedure and conditions for providing a break for rest and food are specified in special industry regulations on working time and rest time. For example, the Regulations on the Peculiarities of Working Hours and Rest Time for Car Drivers (approved by Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 N 15) establishes that drivers are given a break for rest and food lasting no more than two hours, usually in the middle of a work shift. When the shift schedule establishes a daily work (shift) duration of more than 8 hours, the driver may be provided with two breaks for rest and food with a total duration of no more than two hours and no less than 30 minutes.

In some types of work, production conditions objectively exclude the possibility of stopping work and, consequently, providing breaks for rest and food. However, in such cases, the employer must provide the employee with the opportunity to rest and eat during working hours. This means that the organization must have a specially equipped room for eating and resting during working hours, or the employee must have the opportunity to have lunch and rest directly at the place where they perform their work function.

The organization's internal labor regulations must contain a list of work, the performance of which excludes breaks for meals and rest, as well as establish a place for rest and meals.

Another comment to Art. 108 Labor Code of the Russian Federation

1. A break for rest and food is provided during the working day (shift). It follows that a break must be provided regardless of the length of the shift. However, if the work is performed during half a working day or in a shorter period (if working part-time), failure to provide a break does not contradict the requirements of the commented article.

2. Since a break for rest and food, not included in working hours, cannot be less than 30 minutes, breaks lasting less than half an hour must be included in working hours.

3. A break for rest and food may be used by the employee at his own discretion. During a break, an employee has the right to leave both the place of work and the territory of the organization.

Consultations and comments from lawyers on Article 108 of the Labor Code of the Russian Federation

If you still have questions regarding Article 108 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

Firstly, there is a rest and food break, better known as a lunch break.

To maintain strength and health, each employee needs a break for rest and nutrition. Such a break cannot be more than 2 hours and less than 30 minutes.

That is, the employer cannot set a break for eating at 15 minutes, citing the fact that this time is quite enough!

As a rule, a lunch break is provided 4 hours after the start of work. But this is not mandatory rule: The lunch break can be set 3 hours after the start of work, or it can start after 5 hours. The start time of such a break and its duration must be specified in the internal labor regulations, which apply to all employees of this organization, or determined in an agreement between the employee and the employer. By the way, the internal labor regulations should be available for your review.

During your lunch break, you can leave work - have a snack in a cafe, go home, or you can go about your business at your workplace. You use this time at your own discretion and are not required to perform work functions.

If you are prohibited from leaving your home during rest and meals workplace, then such a break should be included in working hours and paid accordingly.

When production (work) conditions do not allow for a lunch break, the employer is obliged to provide you with the opportunity to rest and have a snack during your working hours (for example, install in a specially designated room the equipment necessary for cooking and heating food). The first thing to remember is that the list of such jobs (where it is impossible to provide a break for rest and food), as well as places for rest and eating, are established by the internal labor regulations. That is, this issue must be resolved officially by the employer himself. The second important point is that the duration of your work shift is not reduced by the time spent eating and resting, i.e. in fact, this time is considered working time and is subject to payment.

Secondly, these are special breaks for heating and rest

There are also special breaks during the working day (shift), which are determined by the very nature of the work - the technologies used, the organization of work. Such breaks from work are provided according to the rules internal regulations organization, they also determine the duration of breaks and the procedure for their provision. As a general rule, this type of break is not included in working hours and is not paid, unless a different rule is established in the internal labor regulations or other local act adopted by the employer.

The purpose of such a break is to provide the employee with additional time for rest in connection with the specifics of the work functions performed. Examples of such breaks are:

1. breaks for gymnastics;

2. breaks provided working in a forced rhythm workers (those who work on the assembly line);

3. breaks for professional computer users(depending on category labor activity and load level for work shift when working with a personal computer it is installed total time regulated breaks) 1 ;

4. break provided air traffic controllers at a control panel equipped with a video display terminal - after two hours of continuous work - they are given a break of at least 20 minutes (Clause 11 of the Regulations on the specifics of working hours and rest time for workers performing air traffic control civil aviation RF, approved By order of the Ministry of Transport of Russia dated January 30 2004 . N 10).

5. on intercity transportation, after the first 3 hours of continuous driving, the driver is given a special break to rest from driving on the road for at least 15 minutes; subsequently, breaks of this duration are provided no more than every 2 hours. In the event that the time for providing a special break coincides with the time for providing a break for rest and food, a special break is not provided (Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 N 15 “On approval of the regulations on the peculiarities of the working hours and rest periods of car drivers”).

6. tobacco industry workersspecial breaks are provided in accordance with Article 109 of the Labor Code of the Russian Federation, that is, the duration and procedure for providing such breaks are established by the internal labor regulations 2003 . N 51 “On approval of the Rules on labor protection in the tobacco industry”) ;

7. employees, engaged in the production of alcohol, vodka, cognac, wines, beer and juices, special breaks are provided in accordance with Article 109 of the Labor Code of the Russian Federation 2003 . N 892 “On approval of labor protection rules in the production of alcohol, vodka, cognac, wines, beer and juices”) .

8. employees, employed in the starch industry(Order of the Ministry of Agriculture of the Russian Federation dated February 10 2003 . N 52 “On approval of labor protection rules for organizations of the starch industry”) .

9. employees, engaged in the production of baker's yeast, special breaks are provided in accordance with Art. 109 Labor Code of the Russian Federation(Order of the Ministry of Agriculture of the Russian Federation dated June 20 2003 . N 895 “On approval of the Rules for labor protection in the production of baker’s yeast”) .

10. workers, performing fire retardant coating , 10-minute breaks should be provided every hour of work; technological operations for preparing and applying solutions should be alternated during the working week(Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 11 2003 . N 141 “On the entry into force sanitary rules and SanPiN standards 2.2.3.1384-03) .

11. when working to organize freight transportation on railway transport which is carried out in gas masks and respiratorsworkers are periodically given a technological break (at least 15 minutes) with the removal of a gas mask or respirator in a place free from dust or emissions harmful substances (Resolution of the Chief State Sanitary Doctor of the Russian Federation dated April 4 2003 . N 32 “On the introduction into force of the Sanitary Rules for the organization of freight transportation by rail. SP 2.5.1250-03") ..

The above-mentioned special breaks, determined by the technology and organization of production and labor, should be distinguished from special breaks for heating and rest, which are provided, if necessary, to the following employees:

ü working in the cold season outdoors;

ü working in closed, unheated rooms;

ü loaders involved in loading and unloading operations;

ü other employees, if necessary.

Special breaks for warming and rest are included in working hours and are paid on an equal basis with the actually worked (working) time. The employer is obliged to provide premises for heating and rest of employees.

Baby feeding breaks

Working women with children under the age of one and a half years are provided, in addition to the lunch break, with additional breaks for feeding the child - no less than every 3 hours of continuous work and no shorter than 30 minutes each.

This type of break is not rest time, since it has a different purpose and is associated with the birth of a child. But such breaks are also provided during the working day (shift). In addition, at the request of the woman, such breaks are added to the break for rest and food, or are summed up and transferred to the beginning or end of the working day (shift). These breaks are included in working hours and are subject to payment in the amount of average earnings.

Labor legislation requires that employees be provided with special breaks due to production technology. A technical break is set by the employer, but there are regulatory rules for such a break. Let's look at them.

Technical or technological break

In accordance with Article 107 of the Labor Code of the Russian Federation, breaks during the working day are recognized as one of the types of rest time.

As follows from Article 109 of the Labor Code of the Russian Federation, certain types of work imply the need to provide employees with the opportunity to rest during the working day. This is due to the specifics of technology, production and working conditions. A specific list of such work and the procedure for providing appropriate breaks are fixed in the internal regulations.

Such breaks, for example, could be:

• technological break to ventilate the room due to the concentration of harmful substances in the air;
• a break for cleaning the premises due to regular contamination with waste generated during production or processing;
• break to update information from external sources, received online, etc.

According to Rostrud, technological breaks during working hours refer to this (working) time (Letter of Rostrud dated April 11, 2012 N PG/2181-6-1). In other words, such breaks do not increase the length of the working day, but are included in it.

Taking a break while working at the computer

One of the types of work for which the Labor Code provides for clear regulation of the provision of a technological break is work at a computer.

The procedure for organizing work for persons whose work is related to computer equipment is regulated, in particular, by SanPiN 2.2.2/2.4.1340-03 (approved on May 30, 2003).

Depending on the type of work and the degree of load, Appendix 7 to SanPiN 2.2.2/2.4.1340-03 establishes that the rest time for the type of work in question should be from fifty to one hundred and forty minutes during the working day.

The TOI Standard Instruction R-45-084-01 (approved on February 2, 2001, hereinafter referred to as the Instruction) contains more detailed regulation of the issue under consideration.

According to the Instructions, the duration of work with a computer without a special break cannot be more than two hours.

The purpose of providing such a break is to reduce tension, eye fatigue, etc.

Technological breaks during a 12-hour working day

According to Methodological Recommendations MP 2.2.9.2311-07. 2.2.9 (approved by the Chief Sanitary Doctor on December 18, 2007), when working on a twelve-hour day shift with average work intensity, it is recommended to provide two lunch breaks, four additional breaks of 10 minutes each, as well as time for a short nap lasting 45-60 minutes after the first lunch break.

Any person has the legal right to rest, and during each working day, too, as indicated in Article 37 of the Russian Constitution.

Types of breaks during the working day

The current classification of breaks during the working day indicates that there are the following types:

• For the necessary rest and nutrition, this is the well-known lunch. Labor Code The Russian Federation indicates that its daily duration is 30 minutes - 2 hours. This type of rest can be provided in different ways, for example, most often it is one break lasting an hour, but by agreement of the parties it can be divided into two shorter periods;
• Special breaks for rest, heating/cooling (the latter is especially important when days are shortened due to heat: details) - these types primarily concern citizens working in the cold. It must be provided in accordance with Methodological Recommendations Domestic Main Sanitary Doctor, known under the number MP 2.2.7.2129-06;
• For feeding a child - that is, for feeding an existing baby (up to 1.5 years) a parent receives 30 minutes every 3 hours. If there are 2 children, then the nursing mother gets an hour. This type is available not only to the mother, but also to the single father and guardian. Our Labor Code (you can download the code from the link below) allows you to group this time into the beginning/end of the shift.

What is the minimum break for rest and food during the working day?

The Domestic Labor Code indicates: the minimum period for these purposes is 30 minutes. If the organization provides less time for such purposes, then the law will allow the employer to be fined.

Although an employee has the right to a break during the working day of at least 30 minutes, if necessary, it is allowed to take shorter breaks, with a total duration of at least half an hour.

Are breaks during the workday considered rest periods?

The Russian Labor Code (you can download the code below) indicates that two periods of time are intended to get rid of fatigue:

• For rest, food;
• For relaxation, heating.

These species are named so for good reason. The Labor Code requires that all relevant time be spent in decent conditions. If a person does not have the right to leave the workplace assigned to him, then it cannot be considered a break, therefore he is paid even when the person had a snack on the spot.

The time allocated for feeding an existing child under the specified characteristic does not fall, since a person performs work during such a period.

Breaks during the working day according to the Labor Code of the Russian Federation

According to the Labor Code, an operating organization has the right to independently establish a specific schedule for maintaining health, strength, and nutrition. All existing requirements are included in the labor regulations of any operating organization.

An employer never has the right to non-working hours prevent citizens from engaging in personal affairs at a designated workplace, even leaving it, and force them to perform any duty.

If work does not allow leaving the office premises, then the employer installs devices there for heating food, etc.

When an organization allocates time for heating, heated premises are provided for this.

Breaks during the working day at the computer

The Labor Code in force in the Russian Federation and the Resolution of the Chief Russian Sanitary Doctor (you can download the resolution above) regulate breaks from the computer during the working day.

It says:

1. If a person reads less than 20 thousand characters from a computer monitor during a shift, then work is interrupted 2 hours from the moment the shift starts, the same time after the lunch break ends. Each time you need to provide 15 minutes to keep yourself in great shape.
2. If a citizen reads up to 40 thousand characters from a computer per day, then work is interrupted after 2 hours from the beginning of any shift; after lunch, work is interrupted after 1.5-2 hours, each time specialists leave the computer for 15 minutes. This is the first option, the second requires giving people 10 minutes every working hour.
3. A load of 60 thousand characters requires interrupting any work at the computer 2 hours after the start of the shift, the same time after lunch. Each time the employee is allowed to leave the computer for 20 minutes, that is, the duration is sufficient. Another option suggests leaving your computer for 15 minutes every hour.

If the shift is more than 8 hours, then after the specified time the work stops hourly, the warm-up duration is 15 minutes. The specified duration is necessary to maintain health every day.

Breaks during the working day while standing

The Labor Code of the Russian Federation (downloadable above) does not regulate the issue of maintaining health during the day while standing. But the employer already has many opportunities to offer employees time to eat, stay fit, and stay healthy.

That is, management has the right to make lunch longer; in addition, in the Russian Federation, for these purposes, special breaks for heating and rest are widely used, which make it possible to make their duration optimal, including for the necessary nutrition.

Breaks during the working day when working 12 hours

Our Labor Code (downloadable above) allows for a rest period of up to 2 hours for any shift, which will be enough to maintain health and shape. In addition, management has the right to divide all the time into periods of varying durations, this further contributes to restoration of strength and healthy nutrition.

The profile code allows for the use of special breaks if people are cold. Their duration is regulated by specific working day conditions.

The specificity of working at a computer is that the employee spends a long time in one position - sitting at the monitor. This factor, along with others (radiation, stress, eye fatigue), has an adverse effect on the employee’s health. Therefore, the employee must take breaks when working at the computer. The Labor Code of the Russian Federation does not directly regulate this problem, but employers may be interested in the question: is there an obligation for them to provide employees with such breaks. Answer: yes, installed.

Rest time when working at the computer

Based on Article 107 of the Labor Code of the Russian Federation, breaks during the working day are recognized as one of the types of rest time.

According to Article 109 of the Labor Code of the Russian Federation, some types of work imply the need to provide workers with the opportunity to rest during the working day, which is caused by the specifics of technology, production and working conditions. A specific list of such work and the procedure for providing appropriate breaks must be provided for by internal regulations.

Article 27 of the Law on Sanitary and Epidemiological Welfare of March 30, 1999 states that working with machines and various devices should not have a harmful effect on health.

The procedure for organizing work for persons whose work is related to computer equipment is regulated, in particular, by SanPiN 2.2.2/2.4.1340-03 (approved on May 30, 2003).

Depending on the type of work and degree of load, Appendix 7 to SanPiN 2.2.2/2.4.1340-03 establishes that the rest time for the type of work in question should be from 50 to 140 minutes during the working day. And this takes into account the fact that these breaks should not increase the duration of work.

For violation of current sanitary rules, Article 6.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability.

Time of regulated breaks when working on a computer

By virtue of Article 22 of the Labor Code of the Russian Federation, the employer must ensure safety and compliance of working conditions with all necessary requirements (including when working at a computer).

The TOI Standard Instruction R-45-084-01 (approved on February 2, 2001, hereinafter referred to as the Instruction) contains more detailed regulation of the issue under consideration.

According to the Instructions, the duration of working with a computer without a break can be no more than two hours.

The purpose of breaks is to reduce tension, eye fatigue, etc.

The instructions establish the dependence of break times on the type and time of work performed by dividing into groups:

• A - reading information from the monitor upon request;
• B - typing on the keyboard to enter information;
• B - creative work.

In addition, a division into categories of complexity of work is provided:

• for group A (not more than 60,000 characters read per shift), the break is 15 minutes, provided twice - two hours after the start of work and the lunch break;
• for group B (no more than 40,000 characters printed per shift) the break is 10 minutes every other labor hour;
• for group B (no more than six 6 hours per shift), the break is 15 minutes after every working hour.

If a shift lasts twelve hours, the time for regulated breaks when working on a computer for eight hours of work is provided in the above order, and for the remaining four hours - fifteen minutes for each hour (regardless of the category).