Smoke breaks during working hours according to the Labor Code in 2021

01.08.2019

4460

6 min.

Working time is the period during which a citizen is engaged in performing his duties. They are provided for in the employment contract, the individual provisions of which are devoted to internal regulations. Regardless of private or state ownership, enterprises are guaranteed freedom in terms of the terms of the agreement with employees and the organization of the daily routine. However, the rules must take into account working hours under the Labor Code. It is established by several articles and the duration cannot be longer. Actual discrepancies between legislative norms and the situation at the enterprise, when an employee’s rights to normal work and rest are violated, are grounds for appealing to supervisory authorities and the court. Management is obliged to immediately eliminate imbalances, bringing them to the standard established by law.

Applying a graph

The need for a shift schedule in an enterprise

Production may not be stopped, otherwise it may lead to unpredictable circumstances. To do this, it is necessary to establish a work schedule for employees in shifts, since one person cannot be employed around the clock, otherwise his rights will be violated. Malfunctions can also lead to equipment failure or failure to meet production targets.

These charts are used:

medical institutions;
fire departments;
boiler rooms;
railway and transport organizations;
airlines;
others.

All of the listed services and enterprises operate continuously, and if this cycle is disrupted, the unpredictable can happen.

Need for a schedule

A shift schedule is one of the important documents drawn up by an organization. This is the basis for calculating wages and recording employee working hours. Although it is not the main document, it has the force of accounting.

It is also worth taking into account that if the work is carried out continuously, it may be checked by inspection bodies. And the lack of a schedule may result in disciplinary action.

The number of shifts directly depends on the characteristics of the enterprise. Shifts may range from one to four as states allow. Moreover, workers in each shift can work from 3 to 12 hours a day.

How many people can work at the same time is decided on an individual basis. The main thing is that when organizing work at night, do not allow one person to work.

How many hours per month is considered the norm, given a 12-hour working day?

Article 94. Duration of daily work (shift)

GUARANTEE:

See Encyclopedias and other comments to Article 94 of the Labor Code of the Russian Federation

The duration of daily work (shift) cannot exceed:

for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;

for students in basic general education programs and educational programs of secondary vocational education, combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;

for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift) established by part the second of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one - three of Article 92 of this Code:

with a 36-hour work week - up to 12 hours;

with a 30-hour work week or less - up to 8 hours.

Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

GARANT system: https://base.garant.ru/12125268/15/#block_94#ixzz42x1dduvP

How the issue is regulated by law

Provisions on working time in legislation

The Labor Code contains information regarding scheduling. Everything is described quite clearly, but you should pay attention to some issues:

The duration of time during the week should not exceed 40 hours.
A lunch break must be provided, the duration of which must be at least 30 minutes.
Rest time must be at least 42 hours.
It is the employer's responsibility to issue the task and monitor completion.
If it is necessary to develop separate work schedules for each organizational structure in an enterprise, then the duration of the shift may also change. If the work time falls at night, then the shift is automatically reduced by an hour.
When drawing up a schedule, you should take into account the norms of the Labor Code of the Russian Federation so that the rights of workers are not violated when paying wages and paying sick leave.

About the 12-hour working day and rest schedule for workers

will be 17,700 rubles. (100 rubles x 2 hours x 1.5 + 100 rubles x 87 hours x 2).

Higher rates of payment for overtime work may be established by a collective or labor agreement, as well as by local regulations.

At the request of the employee, overtime work, instead of increased pay, is compensated by providing additional rest time, but not less than the time worked overtime (Article 152 of the Labor Code of the Russian Federation).

Date added: 2015-01-19; ; Copyright infringement

Pay for labor

When calculating wages for work on a shift schedule, you do not need to adhere to standard frameworks. The total number of hours spent on work differs from the standard, and the hours may be more or less than required. That is, it turns out to be both a defect and a rework.

To avoid errors when calculating wages, it is necessary to reconcile the data with the norm regarding hours worked. If it turns out that overtime was allowed, then you need to recalculate the hours and be sure to issue an additional payment for the actual time worked.

When working according to a schedule on a day off, payment for work is made as for a regular day, and when working on officially established holidays, the employee is paid a salary at an increased rate, usually double the amount.

What should lunch be like during a long working day?

The legislation does not regulate the duration and frequency of providing time for lunch during shifts lasting 12 hours . The situation is similar in terms of regulatory regulation for a longer period of work during the day. At the same time, the employer needs to solve 3 problems :

Provide rest time to which the employee has the right by law.
Take into account the intensity of the working day and the corresponding physiological needs of workers for rest.
Avoid shortfalls in the employee’s monthly time quota.

Important
If, due to too long a break, the employee does not work out the monthly time limit due to the fault of the company, the employer is obliged under Art. 155 of the Labor Code of the Russian Federation to make an additional payment for hours of deficiency. That is, in fact, part of the lunch time will become paid, and this is not very good for labor productivity and the financial position of the employer.

If an employee has a 12-hour working day, breaks can be organized according to the following schemes:

with moderate intensity 1 break lasting 45 minutes or 1 hour is enough ;
if the work is intense enough , you can introduce 2 breaks of 30-40 minutes in the middle of the day and in the second half of the shift.

A longer break that is not included in working hours can lead to significant shortcomings for the employee.

Example
The average monthly rate per month is 169 hours.
With a 12-hour shift schedule - a day, then a night, followed by 2 days off - an employee works on average 15 shifts a month.
If you give an employee 2 lunch breaks - 1 hour and 30 minutes - he will not work for 1.5 hours. As a result, his actual working day will be 10.5 hours.
Then we get:
15 × 10.5 = 157.5 hours per month.
Consequently, the employee does not work enough, and the employer must pay under Art. 155 Labor Code of the Russian Federation on average:
169 – 157.5 = 11.5 hours per month.
If we limit ourselves to breaks with a total duration of 1 hour, the difference will be:
169 – 15 × 11 = 4 hours.
Taking into account fluctuations in the monthly norm and regulation by the employer of the number of shifts worked, the majority of employees in the second case will work the required norm.

If the working day lasts more than 12 hours , it is better to provide at least 2 breaks of 30 minutes each . \

When around the clock for 24 hours in a row, it makes sense to provide 3 or even 4 breaks lasting 30 minutes every 5-6 hours . However, in any case, the total duration of lunch breaks should not be more than 2 hours .

How is the work order established?

What documents contain the shift schedule?

If it is necessary to introduce a shift work schedule, this information should be reflected in the labor regulations, that is, written down in the local act of the enterprise. If there is a trade union in the organization, it is worth coordinating this action with its representatives; only upon receiving a reasoned opinion can this provision be put into effect.

The collective agreement must also indicate data on the use of a shift schedule.

In order for everything to be legalized, it is necessary to draw up labor agreements with employees and be sure to sign them by both parties. Agreements must include the number of hours and other information regarding the shift schedule.

The manager, as a rule, entrusts the preparation of the document to an employee of the human resources department or another specialist. The main thing is that there should be no questions about non-compliance with labor legislation.

The work shift lasts 12 hours, 11 are paid (1 hour of lunch is taken off)

You get a 9 hour working day. It's lunchtime. Apparently you work shifts. Otherwise, a violation of the Labor Code of the Russian Federation, Article 94. Duration of daily work (shift)

Guide to HR issues. Questions of application of Art. 94 Labor Code of the Russian Federation

The duration of daily work (shift) cannot exceed:

"" for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;

“” for students in basic general education programs and educational programs of secondary vocational education, combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;

(as amended by Federal Law dated July 2, 2013 N 185-FZ)

(see text in the previous “edition”)

"" for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous “edition)”

""For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

“” An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift), established by part two of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one - three of Article 92 of this Code:

with a 36-hour work week - up to 12 hours;

with a 30-hour work week or less - up to 8 hours.

(Part three as amended by Federal Law dated December 28, 2013 N 421-FZ)

(see text in the previous “edition”)

"" Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

(Part four was introduced by Federal Law No. 90-FZ of June 30, 2006, as amended by Federal Law No. 13-FZ of February 28, 2008)

(see text in the previous “edition”)

How is a shift schedule formed?

The developed schedule must be approved by the administrative document of the enterprise. It must reflect the period for which it is valid, who is responsible for its creation, as well as other data.

The order must contain the following information:

The name of the organization is written in the upper left corner, followed by the word “Order No.”
By
After the order part:

“Ensure the development and coordination with the trade union of a work schedule by December 4, 2015 to HR officer E.A. Syutkina

Labor organization engineer E.L. Bashkova to familiarize the employees with the document by 12/06/2015.

Control over the implementation of the Order is entrusted to the head of the personnel department E.V. Protopopov."

Manager's signature.

Employees whose activities are related to shift work must be familiarized with the document, and the date and signature must be inserted. After this, you need to start preparing the immediate schedule. 30 working days are given for preparation before the start of the shift.

Each employee must also be familiarized with the schedule with a personal signature, this will indicate that the employee agrees to perform work in this mode. Once the schedule is approved, agreed upon and all employees are familiar with it, it will be a binding document.

The schedule can be prepared for any time period; this can be indicated in the regulatory documentation.

During physical activity

Specific parameters for breaks when working under conditions of high physical stress are established depending on the position and the nature of the load. There is no doubt that they are mandatory and are included in paid time. Of the general recommendations, it should only be noted that the intervals between pauses are usually longer, but the breaks themselves are also longer so that the body has time to rest, for example, 20 minutes every two hours. But it all depends on the specific type of work, because it is not always possible to work for two hours without a break under high physical exertion.

To summarize what has been said, we will briefly list the important rules that will help achieve clear regulation of breaks in production and when working in the office:

Employees must have a clearly documented work and rest schedule, indicating all possible pauses. If necessary, documents are updated, new items are added or irrelevant ones are removed.
When developing a regime, you should focus on the exact nature of the work, how long the working day lasts, how workdays and weekends alternate, and similar factors.
All employees must be familiar with the documents that regulate pauses and sign them.
Breaks are controlled according to a well-thought-out system that is clearly communicated to each employee.

The importance of rest should not be forgotten; periodic breaks allow you to keep yourself in good shape, focus your attention better and produce greater productivity than working without breaks. However, they need to be clearly regulated so that there is no scope for abuse.

Replacement in graphics

How the replacement is reflected in the graph

You cannot change anything in the approved document, but if there is an urgent need, then you must follow some rules. If the employer is forced to change the information in the schedule, then he must obtain the consent of the employees in writing, otherwise his actions will be considered illegal.

If any of the employees have unforeseen circumstances, they must write a statement in advance to the manager, in which they must indicate the request, and the request must be motivated. Employees who work with the employee must jointly be informed of this fact. If consensus is reached, then changes are made to the schedule.

However, in practice there are also situations when employees change on their own, while on shift, without notifying their immediate supervisor. This is strictly not allowed, as unpredictable circumstances may arise:

Nuances when creating a schedule

There is no officially approved form of the schedule, therefore each enterprise establishes its own form, the latter can be approved by an administrative document. But, most importantly, when compiling, take into account the following information:

codes and details of the organizational structure;
when the schedule was prepared;
place of preparation of the schedule;
the document itself.

The form is certified by interested parties, including the employer and head of the department, as well as by the person who compiled it. Moreover, it can be certified with the seal of the enterprise.

It can be written by hand or typed on a computer; format 11 is sufficient for registration.

Shift schedules developed at the enterprise are subject to mandatory registration in office work. When all stages of development, approval and familiarization have been completed, they must be transferred to the personnel department.

Storage is provided in a separate folder in a common file. Typically, the storage period is provided for no more than 5 years, and after that the graphics are destroyed according to the act.