For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

Employees working in the cold season in the open air or in closed unheated rooms, 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. The employer is obliged to provide premises for heating and rest of employees.

COMMENT 1.

Part 1 of the commented article provides for certain types of work providing employees with special breaks during working hours, determined by the technology and organization of production and labor.

Such special breaks include breaks provided for by state regulatory requirements for labor protection, which are developed and approved in the manner established by the Government of the Russian Federation (Article 211 of the Labor Code of the Russian Federation). For example, clause 11 of the Regulations on the peculiarities of working hours and rest time for workers performing air traffic control of civil aviation of the Russian Federation, approved. By order of the Ministry of Transport of Russia dated January 30, 2004 No. 10, it is established that the dispatcher performing direct air traffic control (air traffic controller) at a dispatch console equipped with a video display terminal is given a special break of at least 20 minutes after two hours of continuous work. In addition, if the air traffic intensity is more than acceptable, determined in accordance with the established procedure, the air traffic controller is given an additional special break of 10 minutes after each hour of work. If the time for providing a special break coincides with the time for providing a break for rest and food, the special break is not provided.

The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations. 2.

Part 2 of the commented article stipulates that workers working in the cold season in the open air or in closed unheated rooms, as well as loaders engaged in loading and unloading operations, and other workers, if necessary, have the right to special breaks for heating and rest.

These breaks are provided during working hours (shift), are included in working hours (shift) and are subject to payment.

The frequency and duration of warming and rest breaks depend on the air temperature and wind strength at the location where work is performed. Breaks can be used in conjunction with a reduction in working hours. The procedure for providing such breaks is determined by the internal labor regulations of the organization.

Internal labor regulations may also establish other special breaks determined by technology and the organization of production and labor, included in working hours.

The same part of the article states that the employer is obliged to provide premises for heating and rest of employees.

If it is impossible for an employee to perform work due to low temperature or strong wind, the employer may temporarily transfer him to another job in a warm room with wages for the work performed, but not lower than the average earnings for the previous job. If the employee cannot be provided with another job, then the time of suspension of work is considered as downtime through no fault of the employee, which the employer must pay in the amount provided for in Art. 157 Labor Code of the Russian Federation.

Article 110. Duration of weekly continuous rest

The duration of weekly uninterrupted rest cannot be less than 42 hours.

A COMMENT

The weekly rest period should be calculated from the end of work (shift) on the eve of the day off until the start of work (shift) on the next day after the day off. It depends on the type of working week (five-day or six-day), shift schedule, and length of the working day. With a six-day working week, the duration of weekly rest corresponds to the minimum established by the article commented on (at least 42 hours). With a 5-day work week, weekly rest exceeds 42 hours, due to the fact that workers take two days off.

When recording working hours in aggregate, the duration of weekly rest must be observed on average for the accounting period (Article 104 of the Labor Code of the Russian Federation).

Paid breaks during working hours

Certain types of work sometimes require preparation time to perform or complete. For example, a salesman, welder or doctor needs to put on overalls to start his working day, and a cashier needs to take off his cash register to end his working day. Sometimes quite a lot of time is spent on this, and a decent number of hours accumulate during the reporting period. What breaks should employees be given while working? If the working day begins, for example, at 8 am, do all preparations need to be done before this time or can it be done after? Is time to prepare for and complete work included in working hours? Do I need to pay for such time?

Working time and rest time

First, let's figure out what time is considered working time. By virtue of Art. 91 Labor Code of the Russian Federation Working time means the time during which an employee, in accordance with internal labor regulations and conditions, must perform work duties. Also, working time includes other periods that, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation, are classified as such (for example, a business trip, downtime not through the fault of the employee).

Start and end times of work according to Art. 100 Labor Code of the Russian Federation is established by internal labor regulations, which the employee is obliged to comply with by virtue of Art. 21 Labor Code of the Russian Federation.

As we can see, during working hours, the beginning and end of which are provided for by the internal regulations, the employee must fulfill his job duties according to the employment contract. This means that the employee does not have the right to use working time for any purpose other than work.

But in accordance with the provisions of Art. 106 of the Labor Code of the Russian Federation, an employee is entitled to time during which he is free from performing work 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 (between shifts) rest;
- weekends (weekly uninterrupted rest);
- non-working holidays;
- vacations.

Let's consider breaks during the working day, since they are the ones that interest us.

Breaks during working hours that are not subject to pay
Labor legislation has established various types of breaks during the working day. The introduction of breaks will reduce employee fatigue 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 is working. One of these breaks is lunch.

Break for rest and food
According to Art. 108 Labor Code of the Russian Federation 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. Such a break 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.

When determining the duration and frequency of breaks during working hours, you can use the Intersectoral Methodological Recommendations “Determination of Time Standards for Rest and Personal Needs,” approved by the USSR State Committee for Labor. 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 during working hours. The list of such work, as well as places for rest and meals, 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 working hours and rest time for workers involved in civil aviation air traffic control, when working on the night shift, the dispatcher 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 subject to payment.

Work breaks included in working hours and subject to payment
We noted above that not all breaks are included in working hours and are paid. In addition to the break for heating and rest, we will name other periods that can be included in working hours.

Baby feeding breaks
Such breaks are provided to working women who have children under the age of one and a half years, at least every three hours, lasting at least 30 minutes each ( Art. 258 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 feeding break is set at least one hour.

Feeding breaks, at the request of the employee, can be added to the break for rest and food or, in aggregate form, transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.

Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.

Based on the Regulations on the Peculiarities of Working Time and Rest Time for Employees Carrying Out Civil Aviation Air Traffic Control, the following time is included in the dispatcher’s working time:
- to perform technological duties, including the time of reception and transfer of duty;
- for professional and (or) technical studies (no more than 8 hours per month);
- for briefings, debriefings (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 standards approved in the established manner;
- special breaks for rest;
- preparing flights or senior shift controllers for briefing (no more than 30 minutes per shift).

Special warm-up breaks
Except lunch break Art. 109 Labor Code of the Russian Federation provides for the provision of special breaks for heating and rest, determined by the technology and organization of production and labor:
- workers working in the cold season outdoors or in closed, unheated rooms;
- loaders engaged in loading and unloading operations;
- other employees if necessary.

To determine the frequency and time of such breaks, employers can be guided by the Methodological Recommendations “Work and rest schedules for workers in cold weather in open areas or in unheated premises”

(MR 2.2.7.2129-06) .
The employer is obliged to provide equipment for heating and resting rooms for workers, in which the temperature must be maintained at a level of 21 - 250C. The room should be equipped with devices for heating hands and feet. You should start working in the cold no earlier than 10 minutes after eating hot food (tea, etc.).

Such a break is included in working hours and is subject to payment.

Time when an employee does not work, but the law classifies such time as working time
It also happens that an employee does not work, but according to labor legislation this time is considered working time and is subject to payment. For example, an employee performs jury duty or other state or public duties ( Art. 170 Labor Code of the Russian Federation). Thus, citizens participating in activities to ensure the fulfillment of military duty or entering military service under a contract are paid an average salary during their participation in these activities at the place of their permanent work, they are reimbursed for expenses associated with hiring (subletting) housing and paying for travel to other area and back, as well as travel expenses ( clause 2 art. 5 of the Federal Law of March 28, 1998 No. 53-FZ“On military duty and military service”).

Technology breaks
Sometimes the employer is obliged to establish work breaks for certain categories of employees and work conditions. Basically, such breaks are set for PC users. The regulations governing the provision of such breaks are:
- Standard instructions on labor protection when working on a personal computer ( TOI R-45 084 01) ;
- SanPiN 2.2.2/2.4.1340-03, approved Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 No. 118.

If an organization has introduced an eight-hour working day, then breaks need to be set:
- for work with a load level per work shift of up to 20,000 characters - 2 hours from 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 - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 15 minutes each or longer
10 minutes every hour of operation;
- for work with a load level of up to 60,000 characters - 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 every hour of work.

With a 12-hour work shift, regulated breaks should be set in the first 8 hours of work, similar to breaks during 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, regulations 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 Working Hours and Rest Time for Drivers, in addition to the driving time itself, the following breaks are included in working hours:

Time for special breaks to rest from driving on the way and at final destinations;

Parking time at cargo loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;

Time for carrying out work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;

The time a driver is present at the workplace when he is not driving a car when sending two drivers on a trip (counts at least 50%).
For employees in certain industries, the employer is obliged to provide other breaks during the working day and pay for them, for example:

Workers performing fire-retardant coatings should be given ten-minute breaks every hour of work; technological operations for preparing and applying solutions should be alternated during the working week ( clause 21.3 SanPiN“Hygienic requirements for the organization of construction production and construction work” (put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));

When working to organize freight transportation by rail, which is carried out wearing gas masks and respirators, workers are periodically given a technological break (at least 15 minutes) with the removal of the gas mask or respirator in a place free from dust or the release of harmful substances ( clause 3.5.6 SP 2.5.1250-03 put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated April 4, 2003 No. 32).

Time to prepare for work
The question that worries the majority is whether it is necessary to include in the working time the time that an employee spends on preparing to perform work duties (for example, the time for workers to put on overalls, turn on equipment, machines and mechanisms, sellers to wipe dust from counters and perform other responsibilities)?

The time to prepare for work is not specified in any norm of the Labor Code of the Russian Federation. That is, the time for changing clothes, turning on equipment, machines and other activities necessary to start work, as well as at its completion, is not classified by the Labor Code as either working time or rest time.

However, in practice, the time for preparing the workplace, turning on machines and equipment, receiving work orders, receiving and preparing materials, tools, preparing and cleaning the workplace is included in the working hours. At the same time, taking into account the fact that Art. 91 Labor Code of the Russian Federation gives the employer and employee the right to determine the principles of regulation of working time; the inclusion of the above time periods in working time must 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 the employee must complete before starting work, he will not be able to perform job duties, the time spent on their performance must be included in the working hours and must be paid.

The decision made is enshrined in a local regulatory act (usually such an act is internal labor regulations).

For certain categories of personnel, preparatory activities are included in working hours by regulations. In particular, on the basis of the Regulations on the peculiarities of the working time and rest time of car drivers, the driver’s working time includes preparatory and final time for performing work before going to the line and after returning from the line to the organization, and for intercity transportation - for performing work at the point turn or on the way (at a parking place) before the start and after the end of the shift, as well as the time of the driver’s medical examination before leaving the line and after returning from the line.

In this case, 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 organization’s employee body (if any).

This time is subject to payment.
Will the time spent before and after work on preparatory and final activities be considered overtime?

Suppose an employee has a working day that begins at 9 am. Accordingly, at exactly 9:00 a.m. he must begin his work duties. Changing clothes (changing shoes), breakfast at the workplace, reading websites, etc. must be done by the employee before the start of the working day, that is, before 9 o’clock. Some personnel officers believe that such an employee coming to work before the start time of work constitutes overtime and this should 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 based on Art. 99 Labor Code of the Russian Federation overtime work is 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 cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

In addition, an employee’s involvement in overtime work is carried out only with the written consent of the employee, and if changing clothes and other personal matters 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 engage in his direct labor responsibilities as provided for in the employment contract. He can engage in 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).

Let us note that the employer has the right to bring the employee to disciplinary action for using working time for personal purposes. Art. 192 Labor Code of the Russian Federation- make a reprimand, 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 action as a fine.

The peculiarity of this type of rest time is that the employee is provided with rest during his working hours, and in cases directly provided for by labor legislation, some breaks are included in working hours and are paid accordingly. Breaks during the working day (shift) are mainly devoted to art. 108 and art. 109 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 food lasting no more than two hours and no less than 30 minutes. A break for rest and food is not included during 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 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 (Part 3 of Article 108 of the Labor Code of the Russian Federation).

In addition to a break for rest and food, some categories of workers 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, 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 mandatory provision of 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 rooms, as well as to loaders engaged in loading and unloading operations, and other employees in necessary cases. The employer is obliged to provide premises for heating and rest of employees.

(2) Breaks for feeding the child (children) (Article 258 of the Labor Code of the Russian Federation). The specified 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 breaks for rest and food at least every three hours, lasting 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 feeding break 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 nutrition, or in aggregate 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 a child (children) are included in working hours and are subject to payment 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)), 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 (shift)

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 food lasting no more than two hours and no less than 30 minutes, which is not included in working hours. Consequently, the employee has the right to be released from work during a working day (shift) lasting from thirty minutes to two hours.

The employee can use this time at his own 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 does not have the right to establish a break in question lasting 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 manner 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 available to the organization’s employees to eat. The presence in the organization of specially equipped places for meals 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 can be provided to them at different times so that they do not waste time off from work in line for food. To achieve this goal, breaks for rest and meals can be set 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 in a five-day working week by 1 hour. 15 minutes (15 minutes x 5 days).

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

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

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

In this case, the employee’s actions must be recognized as legal if the duration of this break does 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 in jobs where, due to production (work) conditions, providing a break for rest and eating is impossible, 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, arranges for employees to eat at their workplaces. The duration of rest and nutrition in such a situation lasts no more than thirty minutes, since using 30 minutes means providing a break for rest and nutrition.

The list of jobs where it is impossible to provide a break for rest and food, as well as places for rest and eating by employees engaged in these jobs, is established by the internal labor regulations. Providing the employer with rest and meals during working hours improves the situation of workers, since a break of up to 30 minutes provided for this purpose is subject to payment, since it is included in working hours.

In cases where the employer does not fulfill the obligation to provide food to employees during working hours, they have the right to take a break for rest and meals of 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 an extension of working hours for 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 can pay employees for such a break at its own expense. In such a situation, the position of workers improves compared to the law, and, therefore, the employer’s actions are legal and justified.

In Part 1 of Art. 109 of the Labor Code of the Russian Federation provides for the provision of special breaks during working hours to employees engaged in certain types of work, determined by the 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 throughout the entire working day without rest.

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

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

The absence in the local acts of the organization, the employment contract, or the appendix to it of a condition on the provision of short-term breaks to the listed employees allows them to independently take advantage of 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 these breaks, providing heated premises for their use. In this connection, the employee’s actions to use these breaks must be recognized as legal if their duration does not exceed 30 minutes.

The use of a break lasting more than 30 minutes allows such a break to be recognized as rest time provided for rest and nutrition. This period of time can be included in working hours only by agreement with the employer. The absence of such an agreement is grounds 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 that the employee’s situation cannot be worsened in comparison with the law. One of the conditions for improving the situation of workers in comparison with the law is the inclusion of these breaks in the working hours of workers, which entails their payment.

Certain types of work sometimes require preparation time to perform or complete. For example, a salesman, welder or doctor needs to put on overalls to start his working day, and a cashier needs to take off his cash register to end his working day. Sometimes quite a lot of time is spent on this, and a decent number of hours accumulate during the reporting period. What breaks should employees be given while working? If the working day begins, for example, at 8 am, do all preparations need to be done before this time or can it be done after? Is time to prepare for and complete work included in working hours? Do I need to pay for such time?

Working time and rest time

First, let's figure out what time is considered working time. By virtue of Art. 91 Labor Code of the Russian Federation Working time means the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform work duties. Also, working time includes other periods that, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation, are classified as such (for example, a business trip, downtime not through the fault of the employee).

Start and end times of work according to Art. 100 Labor Code of the Russian Federation is established by internal labor regulations, which the employee is obliged to comply with by virtue of Art. 21 Labor Code of the Russian Federation.

As we can see, during working hours, the beginning and end of which are provided for by the internal regulations, the employee must fulfill his job duties established by the employment contract. This means that the employee does not have the right to use working time for any purpose other than work.

But in accordance with the provisions of Art. 106 of the Labor Code of the Russian Federation, an employee is entitled to time during which he is free from performing work 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 (between shifts) rest;
- weekends (weekly uninterrupted rest);
- non-working holidays;
- vacations.

Let's consider breaks during the working day, since they are the ones that interest us.

Breaks during working hours that are not subject to pay
Labor legislation has established various types of breaks during the working day. The introduction of breaks will reduce employee fatigue 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 is working. One of these breaks is lunch.

Break for rest and food
According to Art. 108 Labor Code of the Russian Federation 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. Such a break 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.

When determining the duration and frequency of breaks during working hours, you can use the Intersectoral Methodological Recommendations “Determination of Time Standards for Rest and Personal Needs,” approved by the USSR State Committee for Labor. 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 during working hours. The list of such work, as well as places for rest and meals, 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 working hours and rest time for workers involved in civil aviation air traffic control, when working on the night shift, the dispatcher 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 subject to payment.

Work breaks included in working hours and subject to payment
We noted above that not all breaks are included in working hours and are paid. In addition to the break for heating and rest, we will name other periods that can be included in working hours.

Baby feeding breaks
Such breaks are provided to working women who have children under the age of one and a half years, at least every three hours, lasting at least 30 minutes each ( Art. 258 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 feeding break is set at least one hour.

Feeding breaks, at the request of the employee, can be added to the break for rest and food or, in aggregate form, transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.

Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.

Based on the Regulations on the Peculiarities of Working Time and Rest Time for Employees Carrying Out Civil Aviation Air Traffic Control, the following time is included in the dispatcher’s working time:
- to perform technological duties, including the time of reception and transfer of duty;
- for professional and (or) technical studies (no more than 8 hours per month);
- for briefings, debriefings (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 standards approved in the established manner;
- special breaks for rest;
- preparing flight directors or senior shift controllers for briefing (no more than 30 minutes per shift).

Special warm-up breaks
Except lunch break Art. 109 Labor Code of the Russian Federation provides for the provision of special breaks for heating and rest, determined by the technology and organization of production and labor:
- workers working in the cold season outdoors or in closed, unheated rooms;
- loaders engaged in loading and unloading operations;
- other employees if necessary.

To determine the frequency and time of such breaks, employers can be guided by the Methodological Recommendations “Work and rest schedules for workers in cold weather in open areas or in unheated premises”

(MR 2.2.7.2129-06) .
The employer is obliged to provide equipment for heating and resting rooms for workers, in which the temperature must be maintained at a level of 21 - 250C. The room should be equipped with devices for heating hands and feet. You should start working in the cold no earlier than 10 minutes after eating hot food (tea, etc.).

Such a break is included in working hours and is subject to payment.

Time when an employee does not work, but the law classifies such time as working time
It also happens that an employee does not work, but according to labor legislation this time is considered working time and is subject to payment. For example, an employee performs jury duty or other state or public duties ( Art. 170 Labor Code of the Russian Federation). Thus, citizens participating in activities to ensure the fulfillment of military duty or entering military service under a contract are paid an average salary during their participation in these activities at the place of their permanent work, they are reimbursed for expenses associated with hiring (subletting) housing and paying for travel to other area and back, as well as travel expenses ( clause 2 art. 5 of the Federal Law of March 28, 1998 No. 53-FZ“On military duty and military service”).

Technology breaks
Sometimes the employer is obliged to establish work breaks for certain categories of employees and work conditions. Basically, such breaks are set for PC users. The regulations governing the provision of such breaks are:
- Standard instructions on labor protection when working on a personal computer ( TOI R-45 084 01) ;
- SanPiN 2.2.2/2.4.1340-03, approved Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 No. 118.

If an organization has introduced an eight-hour working day, then breaks need to be set:
- for work with a load level per work shift of up to 20,000 characters - 2 hours from 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 - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 15 minutes each or longer
10 minutes every hour of operation;
- for work with a load level of up to 60,000 characters - 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 every hour of work.

With a 12-hour work shift, regulated breaks should be set in the first 8 hours of work, similar to breaks during 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, regulations 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 Working Hours and Rest Time for Drivers, in addition to the driving time itself, the following breaks are included in working hours:

Time for special breaks to rest from driving on the way and at final destinations;

Parking time at cargo loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;

Time for carrying out work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;

The time a driver is present at the workplace when he is not driving a car when sending two drivers on a trip (counts at least 50%).
For employees in certain industries, the employer is obliged to provide other breaks during the working day and pay for them, for example:

Workers performing fire-retardant coatings should be given ten-minute breaks every hour of work; technological operations for preparing and applying solutions should be alternated during the working week ( clause 21.3 SanPiN“Hygienic requirements for the organization of construction production and construction work” (put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));

When working to organize freight transportation by rail, which is carried out wearing gas masks and respirators, workers are periodically given a technological break (at least 15 minutes) with the removal of the gas mask or respirator in a place free from dust or the release of harmful substances ( clause 3.5.6 SP 2.5.1250-03 put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated April 4, 2003 No. 32).

Time to prepare for work
The question that concerns most personnel officers is whether it is necessary to include in the working time the time that an employee spends preparing to perform job duties (for example, the time for workers to put on work clothes, turn on equipment, machines and mechanisms, for salespeople to wipe dust from counters and fulfilled other duties)?

The time to prepare for work is not specified in any norm of the Labor Code of the Russian Federation. That is, the time for changing clothes, turning on equipment, machines and other activities necessary to start work, as well as at its completion, is not classified by the Labor Code as either working time or rest time.

However, in practice, the time for preparing the workplace, turning on machines and equipment, receiving work orders, receiving and preparing materials, tools, preparing and cleaning the workplace is included in the working hours. At the same time, taking into account the fact that Art. 91 Labor Code of the Russian Federation gives the employer and employee the right to determine the principles of regulation of working time themselves; issues of including the above time periods in working time must be resolved 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 the employee must complete before starting work, he will not be able to perform job duties, the time spent on their performance must be included in the working hours and must be paid.

The decision made is enshrined in a local regulatory act (usually such an act is internal labor regulations).

For certain categories of personnel, preparatory activities are included in working hours by regulations. In particular, on the basis of the Regulations on the peculiarities of the working time and rest time of car drivers, the driver’s working time includes preparatory and final time for performing work before going to the line and after returning from the line to the organization, and for intercity transportation - for performing work at the point turn or on the way (at a parking place) before the start and after the end of the shift, as well as the time of the driver’s medical examination before leaving the line and after returning from the line.

In this case, 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 organization’s employees (if there is one).

This time is subject to payment.
Will the time spent before and after work on preparatory and final activities be considered overtime?

Suppose an employee has a working day that begins at 9 am. Accordingly, at exactly 9:00 a.m. he must begin his work duties. Changing clothes (changing shoes), breakfast at the workplace, reading news sites, etc. must be done by the employee before the start of the working day, that is, before 9 o’clock. Some personnel officers believe that such an employee coming to work before the start time constitutes overtime and this must 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 based on Art. 99 Labor Code of the Russian Federation overtime work is 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 cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

In addition, an employee’s involvement in overtime work is carried out only with the written consent of the employee, and if changing clothes and other personal matters 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 engage in his direct labor responsibilities as provided for in the employment contract. He can engage in 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).

Let us note that the employer has the right to bring the employee to disciplinary liability for using working time for personal purposes. Art. 192 Labor Code of the Russian Federation- make a reprimand, 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 action as a fine.

For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

Employees working in the cold season in the open air or in closed unheated rooms, 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. The employer is obliged to provide premises for heating and rest of employees.

Comments to Art. 109 Labor Code of the Russian Federation

1. If it is impossible for an employee to perform work due to low temperature or strong wind, the employer may temporarily transfer him to another job in a warm room (Article 74 of the Labor Code). In this case, the employee cannot be transferred to a job that is contraindicated for him due to health reasons.

If the employee cannot be provided with another job, then the temporary suspension of work is considered as downtime through no fault of the employee, which the employer must pay in the amount specified in Art. 157 TK.

2. In addition to a lunch break during a work shift (day), employees may be provided with short-term breaks for personal needs, which are included in working hours by taking them into account when establishing labor standards, as well as special breaks provided for labor protection purposes for certain categories of workers.

3. In accordance with clause 9 of the Regulations on the peculiarities of the working hours and rest time of workers performing air traffic control of civil aviation of the Russian Federation (Order of the Ministry of Transport of Russia dated January 30, 2004 N 10), when working on the night shift, the air traffic controller must be an additional break of 1 hour was provided with the right to sleep in a specially equipped room.

These breaks are not included in working hours. The time for providing breaks and their specific duration are established by the internal labor regulations of the organization.

For intercity transportation, after the first 3 hours of continuous driving, the driver is given a special break to rest from driving a car on the road for at least 15 minutes; subsequently, breaks of this duration are provided no more than every 2 hours. In the case when the time for providing a special break coincides with the time of providing a break for rest and food, a special break is not provided.

The frequency of breaks in driving for short-term rest for the driver and their duration are indicated in the time assignment for driving and parking the car (clause 19 of Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 “On approval of the Regulations on the specifics of working hours and rest time for drivers cars").

4. Methodological recommendations MP 2.2.7.2129-06 “Work and rest regimes for workers in cold weather in open areas or in unheated rooms” approved. Federal Service for Supervision of Consumer Rights Protection and Human Welfare, Chief State Sanitary Doctor of the Russian Federation September 19, 2006