Protection of rights in case of violation of temperature standards at work. Educational and information center krymresurs

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How Labor Code(TK) Do the Russian Federation and sanitary rules protect those who are forced to work literally by the sweat of their brow? And how can employees competently defend their rights without risking being fired from their jobs, for example, “for being quarrelsome”? Let's try to figure it out.

The hotter it is outside, the shorter the shift

If your office is not equipped with air conditioning, or this unit works so poorly that there is still a gas chamber in the office, then it is very useful for employees to know the contents of the document called “Hygienic requirements for the microclimate of industrial premises.” You can find it on the Internet by entering the details of SanPiN 2.2.4.548-96.

These sanitary rules divide all professions into five categories, depending on the intensity of physical effort. Most city residents work within category 1A. It's about about work with minimal energy consumption, mainly sedentary and associated with mental activity. According to SanPiN, under such working conditions, the room temperature should be no lower than 21 and no higher than 28 degrees Celsius. Anything that does not fit into these standards automatically leads to a reduction in the working day.

Yes, excess permissible level Temperature in the office for every half degree shortens the working day by an average of one hour. For example, if employees sweat at 28.5 degree desks, their shift may last a maximum of 7 hours. At a temperature of 29 degrees - no more than 6 hours, at 29.5 degrees - a maximum of 5.5 hours, at 30 degrees - up to 5 hours, etc.

If the thermometer in the room shows 32.5 degrees Celsius, then the rules allow you to work for no longer than one hour. Accordingly, with more high temperature- 33 degrees and above, according to hygiene standards, working in the office is prohibited.

Photo by AFP

Self-defense and simple

What to do in practice if you suffer from stuffiness, and the management is in no hurry to send you home early? To begin with, labor rights protection experts advise printing out the table of standards “temperature - length of the working day” from the mentioned sanitary rules and showing it to your boss. It is possible that the boss is not aware of the existence of such standards, and therefore is in no hurry to comply with them.

If such a diplomatic move does not work, the Labor Code allows the employee to refuse to work in self-defense of labor rights. To do this, you need to write an application addressed to the employer with reference to Article 379 of the Labor Code of the Russian Federation, SanPiN 2.2.4.548-96, and also attach a certificate of witness testimony confirming that the permissible temperature in the room has been exceeded. Such a document is drawn up independently on a regular sheet of paper in any form and must contain the results of measuring temperatures in the room (2 - 3 times during the day) with the full name and signatures of fellow eyewitnesses.

Having handed over the papers to the manager, you can leave the stuffy office, taking into account the rules for shortening the working day depending on the air temperature in the room (see above).

Please keep in mind: according to the Labor Code, the inability to perform work duties due to improper working conditions is recognized as downtime and is subject to payment in the amount of 2/3 of the average salary (Article 157 of the Labor Code of the Russian Federation).

"Let's agree"

If you have a presentiment that the boss will take such actions too painfully (with unpleasant consequences for you), then you can try more soft options solving the problem.

1) Introduction of part-time work by mutual agreement of the parties - employees and employer - on the basis of Article 93 of the Labor Code of the Russian Federation. The difference between this scheme is that employees receive wages in proportion to the time they work. That is, if you leave home early due to unbearable stuffiness, you will receive less money. For the employer, this is not as cost-effective as paying for downtime. But the worker has the opportunity to save his body from overload in the heat.

2) Rescheduling the start and end times of the working day. Early in the morning is usually cooler, so if you agree to come to work, say, by 8 am, then the air will not be so hot, and you will be freed early in the evening. The changes will not affect your salary in any way.
At the same time, it is worth considering the following: strictly by law, such a “movement” is considered a change in essential working conditions and must be formalized by amending the employment contract. If you have quietly and peacefully resolved the issue by mutual agreement with your boss, then you can probably refrain from formalities. Moreover, the changes are temporary, for the hot period.

On the other hand, if one of the employees is unable to attend workplace earlier than usual, being a pronounced night owl, the employer does not have the right, on his own initiative, to move the start of the working day for the sleepyhead. Since, let us remind you, this is legally recognized as a change employment contract, which requires the consent of both parties.

Photo by AFP

Things to remember

Many people complain that it is especially difficult to work at a computer in the heat: their heads feel wobbly, the letters swim before their eyes. In addition to the described options that make work easier in stuffy conditions by going home earlier, it is also worth finding out whether the sanitary and hygienic standards of the equipment in your workplace are met. Rules for placing a computer, minimum distances to the monitor, between adjacent screens, etc. are described in SanPiN 2.2.2/2.4.1340-03.

In particular, according to clause 9.1, the distance between desktops (measured from the back of one computer to the screen of another) must be at least 2 m, and the distance between the side surfaces of the monitors must be at least 1.2 m. In this case, the computer screen must be located from the employee’s eyes at a distance of 600 - 700 mm, but not closer than 500 mm.

Anna Dobryukha

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According to meteorologists, the summer will be hot in the truest sense of the word. At the same time, air conditioners in workplaces in our “northern” country are still more often considered as a luxury rather than a necessary means of cooling. How do the Labor Code (LC) of the Russian Federation and sanitary rules protect those who are forced to work literally by the sweat of their brow? And how can employees competently defend their rights without risking being fired from their jobs, for example, “for being quarrelsome”? Let's try to figure it out.

To work in hot weather hard. True, not all employers know about this. Meanwhile, there is even a special SanPiN that regulates sanitary standards when working in hot weather. This is what Rostrud traditionally reminded employers about, and also that if you refuse to shorten your working day in the heat, you can earn a fine.

What's happened?

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

How long can you work in the heat?

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

How does temperature affect operating time?

Employee workload level (upper limit during the warm season)	Permissible temperature, °C



Working day in hours

Moreover, if the employer does not comply with the requirements sanitary standards, the employee has every right to remind management about them and demand to be released from work early. If your boss objects, you shouldn’t leave without permission, as they may be considered absenteeism, but it wouldn’t hurt to write a memo or statement. But reducing the length of the working day in hot weather does not exhaust all the responsibilities of employers.

Air conditioning in every office!

Rostrud recalled that the responsibilities of company management also include:

provision of air conditioning in workplaces;
freely available software drinking water and first aid kits;
providing employees with the opportunity to take breaks from work;
organizing seating areas in a cool place;
provision, if necessary, of short-term paid leave in particularly hot weather.

The service's message, in particular, says:

It is advisable to ensure a comfortable temperature regime and air conditioning of the premises. Work in stuffy office or at work can lead to aggravation chronic diseases. The employer is obliged to provide safe working conditions for employees, otherwise he may be held liable.

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

Responsibility for violation of labor rights

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

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

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

Summer time is always difficult time for work. Situations often arise when the room temperature exceeds the permissible limit, turning work into severe torture (and even breaks in the middle of the day help little). For employees it becomes topical issue, are there any legal requirements regarding temperature standards during working hours in the heat.

For solutions this issue need to contact Article 212 of the Labor Code of the Russian Federation . In one of the provisions, it prescribes the employer’s obligation to provide comfortable working conditions for each employee. Based on this legal provision, a regulation was developed regarding working hours in hot weather SanPiN 2.2.4.548-96 .

Reduced working hours due to heat

According to established standards for office employees, the maximum permissible temperature indoors in summer should be 28 degrees. The more the actual reading exceeds this standard, the less employees should work.

Order to reduce working hours due to heat

An order to change working hours due to heat is an integral document on the basis of which the schedule is reissued. This act is drawn up by the employer indicating the reason for the innovations. Experts, however, differ on how to indicate the reasons for changes.

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

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

How to reduce working hours in hot weather - drawing up an order

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

The main provisions of this document should include:

establishing a new time, indicating breaks for lunch and rest;
an instruction on the need for all department heads to familiarize their subordinates with this order;
providing employees with the opportunity to take unpaid leave;
appointment of responsible persons who must monitor the implementation of regulations.

Subscribes this document both the manager and the designated responsible person. It may include additional requirements at the initiative of the employer. For example, the validity period of this resolution, or the provision of means of protection from heat.

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Solnechnogorsk | 2016-07-30

The employer takes only one 15-minute break for the entire 8-hour shift. The temperature in the workshop is 30-31. It's hot.aaaaaaaaa

"The temperature conditions in the office are regulated by the system of labor safety standards GOST 12.1.005-88 "General sanitary and hygienic requirements for the air of the working area" and SanPiN 2.24.548-96 "Hygienic requirements for the microclimate of industrial premises." Sanitary rules and norms establish the maximum And minimum temperature, in which workers can freely perform their duties during an 8-hour working day.

During the warm season, the optimal office temperature for knowledge workers should be 22-24 °C. The maximum permissible temperature at a permanent workplace should not exceed 28 degrees Celsius. If the temperature in your office exceeds 28.5 degrees Celsius, you can leave work an hour earlier based on sanitary and hygiene requirements. If the thermometer shows 29 degrees Celsius, work 6 hours instead of the standard 8 hours. At 29.5 degrees Celsius, the working day should be reduced to 5.5 hours, at 30 degrees - to 5 hours. 30.5 degrees allows you to work only 4 hours a day, and 31 degrees allows you to work for 3 hours. If the temperature in the office has risen to 32°C, you can work for 2 hours, and above 32.5°C, you can require your employer to work only 1 hour a day. These rules are mandatory for all enterprises and organizations."
That is, you and your employees can contact the district sanitary and epidemiological inspection service where your office is located.

Explain to the director that he has no right to violate your rights to safe working conditions that meet the requirements of labor legislation regarding worker safety. Contact State inspection labor, if you have a trade union in your organization, then to the trade union committee, as well as to the prosecutor's office, sanitary and epidemiological station.

Stupid suggestion: Dress according to temperature conditions. Swimsuit, shorts, T-shirts, pareos... Not satisfied? Create normal working conditions. Threatened with dismissal? And for what reason? There is nothing unrealistic about this in principle :)

Everyone knows that in our capital everything always happens unexpectedly: snow with the onset of winter, and heat in the middle of summer...