Duration of daily rest between shifts: norm, responsibility

Main types

Experts divide breaks into several large groups:

• general and special;
• mandatory and recommended;
• included in wages and not included.

General breaks under the Labor Code are provided to all workers, this is a lunch break and possible short-term breaks for personal needs.

Special include breaks for certain areas of work or for certain categories of workers, for example, for workers in the tobacco industry, for PC users or for women with small children to feed them.

If we talk about mandatory and recommended , then the first includes breaks, the provision of which is the responsibility of any employer, and the second includes breaks, the need for which in each organization is determined differently and formalized by local regulations.

A lunch break, special breaks for heating and feeding the child are recognized as mandatory

Almost all breaks, as a rule, are included in paid time , with the only exception being a long break for rest and food - it is not paid.

Lax mode

Now the duration of rest after the end of a working day or shift must be no less than double the duration of work on the day preceding the rest. This rule was enshrined in a resolution of the Council of People's Commissars in 1929. Almost ninety years have passed since then, and global changes have occurred in production processes. And now our working week is not continuous, but with two days off.

“The norm in this resolution initially concerned a certain category of employees and enterprises. However, now in practice it is perceived as valid for all employees, since the rules specifying its effect were abolished back in the 70s of the last century,” Vladimir Starinsky, managing partner of the bar association, explains to Rossiyskaya Gazeta.

Indeed, the working day in most organizations and departments now begins at 9.00 and ends at 18.00. As prescribed by the Labor Code, it lasts 8 hours (plus a lunch break).

The remaining 16 hours a day are given to rest. Just twice the time worked.

Today, rest standards for workers are not clearly stated anywhere in the legislation.

According to the Ministry of Labor, the repeal of the old resolution will in no way infringe on the rights of workers. For them everything will remain as before.

It is logical that if we have a 40-hour work week (8 hours every day), then a person can spend the rest of the time as he pleases. However, the specific norm for the duration of rest between work is still spelled out precisely in the decree of 1929. And in controversial situations, the court referred to it. If it is removed, then who will stop employers from calling a person to work not after 16 hours, but earlier? At the same time, in total, the employer may not violate the code and his employees will work 40 hours a week, only for several days in a row without sleep and rest, which will negatively affect both health and productivity.

“Article 107 of the Labor Code contains the concept of “daily (between shifts) rest,” but the procedure for its provision and duration are not regulated,” explains Starinsky. — As a rule, this is determined by internal labor regulations, shift schedules, other local regulations, as well as departmental acts, for example, the Regulations on the peculiarities of the working hours and rest periods of workers involved in air traffic control of civil aviation of the Russian Federation. Consequently, each enterprise or department determines for itself the need to introduce such rules.”

The requirement for the duration of daily rest is also established by clause 10.24 of the Sanitary and Epidemiological Rules. According to it, the duration of daily rest between shifts should be twice the duration of work. A shorter rest (but not less than 8 hours) is permissible only in case of an emergency (emergency work). As lawyers explain, the norm applies only during shift work, that is, when people work around the clock. But in any case, there are no exact norms for rest anywhere.

According to Lyubov Khrapylina, professor of the Department of Labor and Social Policy at RANEPA, it is good that outdated standards are being removed. But the norm is different. “Alternating working time and rest is a very important point. To avoid misinterpretations of the law and stop various abuses on the part of employers, you just need to clearly state in the code the duration of rest between work activities for all categories of workers,” she believes.

Establishment

The types, beginning, and duration of breaks are established by collective or labor agreements , as well as internal labor regulations ( ILR ).

An employment contract can stipulate a break if for a particular employee it differs from the general one in the organization: for example, it can stipulate the conditions for providing breaks to sales agents, merchandisers, and other employees with “field” working conditions who are unable to foresee how long it will take. negotiations or work with different clients.

Rest and food

Article 108 of the Labor Code of the Russian Federation establishes the obligation of any employer to provide all employees during work with a daily (every shift) break for rest and food lasting no less than half an hour and no more than two hours. The duration of the break within this period is fixed by an internal document of the organization, most often it is the PVTR.

The unpaid lunch break means that the employee can use it for any personal purpose: not only to eat, but also to run to the store, go on a date, pick mushrooms in a nearby forest belt, sleep at home, and finally.

Of course, there are exceptions , and not everyone working during a shift can break away from work to eat or rest.

For example, Order of the Ministry of Education and Science No. 69 of March 27, 2003 states that people working in the field of education , that is, teachers, educators, teachers, lecturers, etc., do not interrupt their work, leave for personal matters they cannot and only dine at the same time as the children they teach and are responsible for. are paid for their lunch break .

The employer is not obliged, but has the right to establish several working hours and, accordingly, breaks at different times and of different durations for different groups of employees. This is prescribed in the local acts of the organization. But sometimes such features are provided for by law. For example, the Ministry of Transport of the Russian Federation established the specifics of breaks for drivers (Order No. 15 of August 20, 2004) and air traffic controllers (Order No. 10 of January 30, 2004): if drivers work a shift longer than 8 hours, then they receive food and rest is given two breaks from half an hour to two hours, and dispatchers flying aircraft on the night shift are given an additional hour of rest. These breaks are not included in paid time .

The need to provide a break for food and rest for people working part-time or part-time raises questions. But there are no reservations or comments in this regard in the Labor Code of the Russian Federation, which means that the obligation to provide such a break lies with the employer in any case; he can simply allocate the established minimum for this - 30 minutes .

If a part-time employee agrees, then it is possible to determine a part of the working day during which he may not be given a break for rest and food.

An employer can introduce a “floating” lunch break , in which a time corridor is established in the PVTR and only the duration of the break is strictly determined, and when to start it is decided and agreed upon with the head of the department by the employee himself.

You can do without PVTR if we are talking about one employee with an individual work schedule - in this case, all the features of the breaks provided to him are reflected in the employment contract or an additional agreement to it.

If an employee, at his own discretion, decides to use his lunch break for work, then that is his choice .

The employer does not have to pay for this time.

You will find more information about the rules for establishing and duration of lunch breaks in our separate article.

Daily rest between shifts in 2021

Labor relations are very diverse. And not all aspects are spelled out in the main document on labor - the Labor Code of the Russian Federation, given that in the regime of one legislative act it is impossible to take into account all the nuances, as well as the specifics of a particular industry or enterprise.

That is why, according to the norms of the Labor Code of the Russian Federation, some aspects of labor relations are regulated through industry agreements and local acts. This rule also applies to the length of daily rest between shifts, which is not specifically stated in the Labor Code of the Russian Federation.

It is worth considering that with a five-day working week, determining the rest between working days is not particularly necessary, since 15 hours is quite enough. But with a shift work schedule at enterprises with round-the-clock employment, the length of both shifts and rest between them is very important. Work in such institutions, as a rule, is also associated with harmful working conditions.

How many hours should there be between shifts?

Many companies are guided by standards established back in Soviet times. Thus, in 1929, the Resolution of the Council of Commissioners “On Working Time” was adopted, where in paragraph 11 it was stated that the rest time between shifts should be equal to at least twice the length of the working day itself, including a lunch break.

However, at the end of 2021, this act lost its force. What should we be guided by now in 2021?

Legislators do not consider it necessary to specify the issue of the length of rest between shifts because Article 91 of the Labor Code of the Russian Federation has already established a weekly working time standard, which also applies to companies engaged in continuous production.

Even if the institution uses the norm not for a week, but for an accounting period equal to six months or a quarter, there is quite enough free time for a good rest.

You should also take into account the fact that employers are given the right to independently determine their work and rest schedule, taking into account the specifics of work, as well as industry legislation. It is this that is used as the basis for developing an employment regime in a particular company.

Minimum break

As a general rule, the break between shifts cannot be less than twice the length of the shift itself with a lunch break together, which actually implies a legal minimum.

However, in some institutions that are occupied in special conditions - for example, on a rotational basis, rest can be 12 hours, even if the shift has a similar duration without a lunch break.

Duration for drivers

The work of drivers requires high concentration of attention, as well as ideal health, given that road safety depends on their reaction.

That is why for this category of workers, not only a special work schedule is provided in some cases, but also a regulated length of daily rest between shifts, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15.

This norm stipulates that a driver with a shift length of 8 hours or more can be provided with two lunch breaks for proper rest, but the duration of release from duties between shifts must be equal to at least double the length of the shift.

That is, with an 8-hour load, the driver must rest for 16 hours. Moreover, if the transport company is busy around the clock, the rest between shifts should be at least 12 hours.

Although in special circumstances, for example, during intercity transportation, the rest can be reduced by another 3 hours, that is, up to 9, but with the condition that after the trip the employee will be free for the next 48 hours before the next shift.

Can they not let me go on vacation? Information is in our article. How to fill out an employee’s personal card correctly? Read here.

Why do you need staffing? Find out here.

For medical workers

Being a physician means constantly guarding the interests of those under your care, which results in long shifts and overtime.

But doctors and medical personnel also need to rest, and no less than the norm, which, unfortunately, was determined by regulations back in Soviet times.

They are no longer in force, but are used as a basis, given that no other laws have been adopted to this day:

• So in paragraph 3 of the Letter of Explanation No. 02-19/21 of 1954 it is said that the length of rest between shifts for doctors should be equal to double the duration of the shift.
• At the same time, the Order of the USSR Ministry of Health No. 685 of 1987 stipulates that the working day is medical. staff cannot last more than 12 hours, even if we are talking about a night shift, but at the same time, by decision of the team, shifts can be increased to a full day.

That is, there is a slight contradiction, which, however, means that the length of duty is determined by the hospital administration in agreement with the Trade Union Committee, and taking into account the working time standards already established in the Russian Federation. However, no matter what the duration of duty is, rest should be equal to their double amount of hours.

At school

The employment of teachers is associated with excessive psychological stress. Therefore, for this category, the standard for teaching hours has been reduced from 40 hours per week to 35-20, of course, taking into account the position held.

At the same time, teachers are required to cover the difference between the same 20 and 40 hours by working with teaching materials and preparing for lessons, which in principle means having sufficient rest time, given that we are talking about at least 15 hours between each working day.

At the watchmen's

Many businesses have a security guard or watchman on duty, which has a standard five-day work schedule, but cannot leave company property unattended at night.

And since the guards work in a mode that differs from the standard one, a separate schedule is developed for them, taking into account working time standards for cumulative accounting.

That is, they can work both 8 and 12 hours in the evening and at night. But the inter-shift rest for this category, nevertheless, must be at least double the length of the worker, because otherwise the standard working time cannot be met.

When recording working hours in total

Summarized recording of working time in accordance with Art. 104 of the Labor Code of the Russian Federation is used mainly in institutions that have a continuous work schedule and it is quite difficult to adhere to a 40-hour weekly employment. That is why companies use accounting periods equal to a quarter or half a year, during which labor standards are observed.

For example, in a month there may be 160 working hours, in three months it will already be 480 hours. Moreover, in one month an employee can work 150 hours, but in another 170, which, in fact, will be the norm if we take a quarter. And since the standard working hours are always developed and take into account rest time, both between shifts and weekly, there will be no overtime, as well as violations of workers’ rights.

By the way, the employer has no right to violate working time standards, as well as to assign an employee to two shifts in a row; this is a direct violation of Article 103 of the Labor Code of the Russian Federation.

Also, the manager cannot allow overtime overtime, given that they are paid at an increased rate under Article 152 of the Labor Code of the Russian Federation, so the schedule will be drawn up in such a way as to take into account both labor legislation and the rights of workers to rest.

With a shift method

The procedure for organizing work on a rotational basis, as well as the process of drawing up a work schedule, is regulated by the norms of the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82, which, by virtue of Article 423 of the Labor Code of the Russian Federation, is still in force to this day.

Thus, clause 4.3 states that the length of a shift on a watch should not exceed 12 hours, but the time between shifts, if urgently necessary, can be reduced to 12 hours, taking into account lunch breaks, but with the condition of compensation for unused rest time in the period after the end of the watch .

Under hazardous working conditions

By virtue of Article 92 of the Labor Code of the Russian Federation, workers employed in conditions related to the 3rd and 4th degree of harm can be recruited to work only with a shortened working week, which should be no more than 36 hours.

Although, at the request of workers, their shifts can be increased at the rate of 40 hours of employment per week, but for a separate additional payment the difference is 4 hours.

And since the specified standard of working time assumes employment throughout the week, between-shift and weekly rest will be 132 hours, which is clearly enough for proper rest.

Read about the timing of quarterly bonus payments on our website. Is it necessary to keep a time sheet? Find out here.

Between night shifts

The law does not determine the duration of rest between shifts for any of the work schedules, but it does establish a standard working time.

If the employer provides too long a rest period, the work standard will not be met and the employee will be able to make claims for non-fulfillment of his rights to work, according to the working time standard. If the employment rate is exceeded, problems will arise with the regulatory authorities during the next inspection.

That is why many employers use the most optimal time-tested option for the duration of rest between shifts, namely rest equal to double the duration of the shift itself.

During irregular working hours

By virtue of Article 101 of the Labor Code of the Russian Federation, an irregular working day implies occasional involvement in work outside the established labor regime. And since it is impossible to foresee on which days an employee may need an extra hour or two at the enterprise, overtime is compensated for by additional paid leave.

And between-shift rest, in contrast to episodic involvement, is a constant value, and reflected in the schedule, which is why even after being called to work after the same emergency situation, the employee still goes to work on schedule, even if he managed to rest for a couple of hours less.

Personal needs: going to the toilet, smoking break, coffee break

The regulations do not stipulate the employer’s obligations to provide short breaks for psychological relaxation, a cup of coffee, smoking, or visiting the toilet.

However, the methodological recommendations for determining working time standards indicate that in order to reduce fatigue, it is advisable to allow such breaks, including them during working hours.

As a rule, such breaks are allocated 10-20 minutes per shift, but their duration may vary depending on working conditions. Such breaks are established by local acts of the organization.

The most humane employers equip a special rest room where employees can relax for a while and relieve stress.

Why is it important?

Even the lack of adequate sleep of less than 8 hours a day entails the risk of developing a number of psychological and physical diseases, given that the body does not fully recover and, as work continues, requires more and more energy expenditure, which is no longer available.

At the same time, minimal rest entails other equally negative consequences - the same inattention, slow reaction and a very mediocre thought process.

Now let’s imagine what could happen to a driver who slept only a few hours and was unable to react in time to a difficult situation while driving. If he turns the steering wheel even a fraction of a second later, people could get hurt. Or let’s remember the conveyor belt, where not only the quality of the products, but also their safety depends on the speed of the employees’ hands.

At the same time, another factor is important in the labor process, namely the presence of harmful conditions, which imply staying in a dusty room or vibration, not to mention radiation or other factors that harm human health.

But if you rest for at least 15 hours after a shift, the vestibular apparatus will restore its functions, the lungs will be ventilated, and the joints will get rid of fatigue due to repetitive movements.

Technical

The Labor Code of the Russian Federation in Article 109 provides for special breaks that are necessary due to technology, features of the production process and the specifics of work activity. Their types, purpose, duration and conditions of provision are established in the collective agreement and PVTR.

Such a break, for example, can be provided to those who constantly work at the computer , especially if the severity and intensity of their work activity is high. The duration of breaks and load category are calculated in accordance with SanPiN 2.2.2/2.4.1340 03.

A person working at a computer can take a 10-15 minute break after every hour of work and spend a total of 50 minutes to an hour and a half on this per day. As a rule, at the discretion of the employer, these breaks are included in paid time.

Technical breaks can be provided to workers performing monotonous work on a production line near a conveyor.

Similar breaks are required for air traffic controllers working at a console with a video display: they must interrupt work for 20 minutes after each two-hour working period, and for drivers engaged in intercity transportation: after three hours from the start of the trip, they must break for 15 minutes, and then repeat this after every two hours.

Special technical breaks in accordance with Article 109 of the Labor Code of the Russian Federation are provided for by the relevant Rules on labor protection for workers employed in the tobacco and starch industries (Orders of the Ministry of Agriculture of the Russian Federation No. 51 and No. 52 of February 10, 2003), in the production of various types of alcohol and juices and in production of baker's yeast (Orders of the Ministry of Agriculture of the Russian Federation No. 892 and No. 895 of June 20, 2003).

The application of a fire-retardant coating requires workers to be given a technical break of 10 minutes every hour of work (Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 141 of June 11, 2003).

Workers engaged in the transportation of goods by rail using gas masks and respirators are from time to time given at least a 15-minute technical break, which they spend, having removed the protective device, in a place where harmful substances and dust cannot penetrate (Resolution of the Main State sanitary doctor of the Russian Federation No. 32 dated April 4, 2003).

Special breaks of up to 15 minutes are provided to employees of cadastral registration , who are required to receive and advise applicants.

And also post office workers.

Those working in the penal system may also be given an additional break of one to four hours if they work a night shift for more than 12 hours.

More information about the specifics of providing and duration of technical and technological breaks can be found here.

Payment for night hours during a shift work schedule: legal norms, nuances

Salaries for work performed between 10 p.m. and 6 p.m. are paid at an increased rate (Article 154 of the Labor Code of the Russian Federation). The legislator establishes the following norm: an hour of working time at night should cost more than an hour of work under normal daytime conditions. The minimum coefficient of increase in pay is established by the Government of the Russian Federation based on the recommendations of specialists from the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Today, the coefficient is at least 20% of the amount of payment for an hour of daytime work for each night hour in accordance with Decree of the Government of the Russian Federation dated July 22, 2008 No. 554.

Important! If the employer is willing to compensate for a large amount of additional payment, this should be reflected in the collective agreement.

Thus, the legislator establishes a two-pronged approach to the principle of calculating remuneration for work at night:

• on the one hand, the state guarantees a minimum level of extra pay for night work;
• on the other hand, the legislator invites the parties to labor relations to agree on the use of higher additional payments, enshrining such an agreement in the local regulatory legal act.

The following is accepted as the basis for calculating the amount of remuneration for shift work:

• monthly salary;
• or daily (hourly) rate.

When, when working on a shift, the accounting period for the summarized accounting of working hours is 1 month, the employer, as a rule, uses the monthly salary for calculations. In this situation, the number of hours worked, which should not differ from the norm according to the production calendar, as well as the number of hours worked in conditions other than normal (for example, at night) are subject to separate control.

For more information about recording working hours, see the article “Working time sheet - form T-13 (form).”

If the accounting period is more than 1 month, for example 2 months, then it is quite possible that in the 1st month of work the normal working hours will not be observed, and the deviation will be compensated by working hours in the 2nd month, so that the duration of the actual working hours for the accounting period the period was normal (Article 104 of the Labor Code of the Russian Federation).

If the salary system is used for calculation, each month is paid in the same amount equal to the monthly salary. An employee receives the same reward for different amounts of work, which is wrong. The choice of calculation principle based on the daily (hourly) rate in this case is more logical.

For the working time schedule and the procedure for drawing it up, see the article “How to correctly draw up a working time schedule?”

Thus, the rules for calculating payment for night hours during a shift work schedule are as follows:

• based on the data from the working time sheet, the number of night hours worked is recorded (it is important to note that the calculation takes into account the number of hours falling in the period from 22 to 6 o’clock);
• the cost of an hour is determined based on the adopted system;
• an increasing factor is applied, which is at least 20% of the cost of an hour of daily labor (its actual amount is determined in the employer’s legal regulations).

When working in cold and hot weather

Those who work in winter outdoors or in rooms without heating , loaders, janitors and, if circumstances require, other workers, in accordance with Article 109 of the Labor Code of the Russian Federation, are entitled to special paid regulated breaks for heating and rest, which are included in working hours, and each of which lasts at least 10 minutes.

Employees must spend these breaks in specially equipped by the employer, where they can take off their warm outer clothing and warm up.

In this case, certain conditions must be met

• the temperature in special rooms should not be lower than 21 °C;
• to warm your hands and feet, heaters with a temperature of 35 to 40 °C are needed;
• During these breaks, you should not leave the heated room for more than 10 minutes at -10 °C, and longer than 5 minutes if it is colder than -10 °C outside.

During the lunch break, workers must be provided with hot food , after which a 10-minute interval must pass before going out into the cold.

Safety rules for the construction of underground structures require that those working with vibrating tools in frozen soil need to take a 15-minute break after working for a 40-minute period. At the same time, in the warm room provided to them, heaters with a temperature of at least 40 °C are required.

The absence of heating breaks and specially equipped heated premises are a legal basis for the employee to stop working, and for the employer to be held administratively liable.

Those working in hot climates may also be allowed additional breaks , although they are not mandatory for the employer, but recommended.

Too high a temperature can significantly reduce a person’s performance and cause significant harm to his health.

Therefore, work in such conditions must be well planned, taking into account the regulatory requirements for work and rest in the heat, which regulate the duration of continuous work at high air temperatures and the time spent in a comfortable microclimate to restore the thermal balance in the body. The main documents in this case are SanPiN 2.2.4.548–96 and Methodological recommendations 2.2.8.0017-10.

If the air temperature rises to 26-28 degrees, the total duration of not too strenuous work should be no more than 5 hours , and hard work - no more than two and a half. After working easily for about 40 minutes, the employee can break and spend 15-20 minutes in a room with a comfortable temperature.

Labor activity with significant energy consumption involves 10-20 minutes of continuous work in the heat for one hour and after that a break to restore normal conditions for a longer time than 20 minutes.

Rest time between shifts according to the Labor Code of the Russian Federation during a shift work schedule: how the schedule is drawn up

The work schedule and rest time between shifts during shift work is established taking into account the provisions of Art. 91, 94, 103, 108, 110 Labor Code of the Russian Federation:

1. The shift schedule is drawn up in such a way that labor hour standards are observed depending on the selected accounting period: month, quarter, year.
2. The standard working time for a month is calculated according to the formula, approved. by order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n:

N = (Rn / 5) × Rd – Chppd,

where: Rn - length of the working week;

Rd — number of working hours per month;

Chppd - number of reduced hours on pre-holiday days.

For example, the monthly rate for March 2021 is: (40 / 5) × 22 – 1 = 175 hours. The holiday of March 8th fell on Wednesday, this day is a non-working day, and the pre-holiday day of March 7th is shortened by 1 hour.

The same order specifies the procedure for calculating the norm for the year.

1. It is impossible to assign an employee to 2 shifts in a row.
2. The schedule takes into account the break time provided for rest and meals. Whether it is considered work depends on whether the employee has the opportunity to leave the workplace and use the time as he or she wishes.
3. Once a week, the employee must have a break of at least 42 hours.
4. The shift schedule is drawn up no later than a month before its introduction.
5. The established schedule is communicated to each employee (in practice, against signature).

If an employee goes to work during rest during a shift work schedule, this day must be paid no less than double the amount in accordance with Art. 153 Labor Code of the Russian Federation.

For feeding baby

For women who work with children under 1.5 years of age , the Labor Code in Article 258 guarantees at least a 30-minute break every three-hour working period to feed the child. If such a child is not alone, then a long break should take at least an hour .

With a standard eight-hour working day, a worker has the right to two such breaks . She can apply to join them during the lunch break or move them to the beginning or end of the day.

Feeding breaks are included in working hours , payment for them is calculated in the amount of average earnings, taking into account the unified social tax, pension contributions, personal income tax and contributions for compulsory insurance against industrial accidents.

If working time is divided into parts

Some workers in trade, services, communications, transport and utilities have an uneven distribution of workload due to the nature of their work activity or production process.

In such cases, due to the specific nature of the work, the working day has to be divided into parts , and between them provide either one break lasting up to two hours, or several breaks, including a lunch break. In this case, the total working hours should not exceed the standard working day.

Such breaks within a shift with a split working day are not included in working hours and are not subject to payment , but for such a working regime, employees receive monetary compensation provided for in Article 149 of the Labor Code of the Russian Federation.

A fragmented working day, the number and duration of breaks during it are provided for by internal or legal regulations . Thus, the Regulations of the Ministry of Transport of August 20, 2004 for bus drivers on regular routes provide for the division of the working day into two parts, the first of which should take no more than 4 hours , after which the driver is given a break of up to 2 hours (this does not count the lunch break) .

Regulatory base and duration of rest

According to the Labor Code of the Russian Federation, inter-shift rest can be defined as non-working time between shifts, during which the employee is relieved from performing his job duties. A fixed period of such rest is not defined by law, however, a number of regulations developing the provisions of articles of the Labor Code state what it should be.

Even in the decree “On working time and rest time” dated 09/24/29 of the Council of People's Commissars of the USSR, which is no longer in force, the ratio of rest and working time was established - daily rest should be no less than 2 times the duration of the work shift. Sanitary and epidemiological rules SP 2.2.2.1327-03, introduced by the Chief State Sanitary Doctor on 05/26/03 (clause 10.24 of the Rules), generally repeat this provision. The clarification concerns only lunch time - it is not included in the duration of work. During emergency work or emergency situations, rest may be less, but not less than 8 hours daily. For representatives of some professions, separate documents are adopted regulating rest between shifts.

Attention! Once a week, the employee must be given a rest period of at least 42 hours without a break (Article 110 of the Labor Code of the Russian Federation), regardless of the shift schedule.

As an example, consider Order of the Ministry of Transport No. 15 of 08/20/04, p. 3 "Rest time." The rules for inter-shift rest are reflected in detail, with a number of options and situations considered:

1. The rest period from shift to shift (daily) must be at least twice the duration of working hours on the previous day or shift. The time is counted together with the lunch break.
2. If working time is taken into account in total, the duration of rest daily (between shifts) as a general rule cannot be less than 12 hours.
3. Under the same conditions of total accounting of work time on city routes and in the suburbs, rest can be reduced from 12 hours to 3 hours, but no more. The remoteness of the vacation spot is taken into account. After the end of the next shift, after a reduced rest period, the driver is given an increased rest period: at least 2 days. To do this, a written application from the employee is required. Such actions require the consent of a trade union or other body representing the interests of workers.
4. Intercity routes have their own characteristics: total time recording assumes that between-shift rest at stops cannot last less than 11 hours. In this case, rest can also be reduced to 9 hours, but this cannot be done more than three times a week. In such a case, until the end of the next week, the driver is given compensatory, additional time, the amount equal to the shortened rest time.
5. Intercity transportation without reducing rest also suggests this option: rest is divided during the day into 2-3 periods, one of which must last from 8 hours or more. The total rest here increases - no less than 12 hours.
6. Long-term transportation on intercity routes requires the presence of a shift driver. The document establishes the rule: if at least two drivers worked on a route for 30 hours, each must rest for at least 8 hours without a break.
7. A weekly rest of 42 hours in a row must be added to the daily (between shifts) rest - before or after it begins.
8. If the driver has time to rest, he is on the road, there is no specially equipped parking on the road section; the driver has the right to continue to the nearest parking lot marked with special road signs. At the same time, he must be guided by the time standards specified in the document.

If it lasts longer than expected

Sometimes workers delay their break and return to work at the wrong time.

This is considered lateness , for which the organization usually faces disciplinary action.

Being more than 4 hours late without a good reason may result in dismissal for absenteeism.

The manager establishes the validity of the reason on the basis of the explanatory note , which must be written by the employee who was late from the break.

If the reason is considered unconvincing , the employer issues an order for disciplinary action on the basis of a document establishing the fact of lateness: an act of violation, an internal memo from a manager or colleague.

Having learned about lateness after a break, the manager has the right to bring the violator to disciplinary liability within a month, but no later than six months from the date of lateness.

Of course, the employer should take into account the severity of the violation, its cause and the characteristics of the employee.

You will find more information about existing working hours in our special articles:

• What does shortened working hours mean and what is a flexible schedule?
• Who can apply for part-time work?
• How long can a working week last according to the Labor Code?
• How does the Labor Code regulate work on weekends and holidays, and how should business trips on days off be paid?

What working hours are considered night hours according to the Labor Code of the Russian Federation?

Night time is determined by labor legislation - it starts at 22:00 and ends at 6:00 (paragraph 1 of Article 96 of the Labor Code of the Russian Federation).

Permissible duration of work at night

Article 96 of the Labor Code defines a reduction in night work time by 1 hour, that is, out of the required 8 hours, only 7 need to be worked - this is the standard.

We should not forget that individual employees always have their standard work hours reduced:

There are also cases when the established duration of work cannot be reduced :

• working conditions initially require working for less than 8 hours;
• the employee constantly takes shifts at night (the condition is included in the employment agreement);
• if working conditions imply such requirements (for example, in conditions of continuous production);
• A shift schedule is used, with only 1 day off per week, the rest of the days are working days.

The list of such work should be indicated in the collective agreement or other local regulatory act.

Summary

By providing for the types and duration of breaks during work, labor legislation tries to take into account the interests of both the employee and the employer . If these requirements are not followed, you can get into trouble. Employers who deny workers legal breaks risk paying fines :

• officials will be fined from 1 to 5 thousand rubles;
• individual entrepreneurs will be fined from 1 to 5 thousand rubles or their activities will be suspended for 90 days;
• legal entities will be fined 30-50 thousand or have their activities suspended for 90 days.

“Repeat offender” employers who repeatedly ignore the need for legal breaks for their employees may be disqualified for a minimum of a year, and a maximum of 3 years.

How will violators of the regime be punished?

Violation of the daily rest regime for employees is an administrative offense. Article 11.23 of the Administrative Code, paragraph 3, establishes, first of all, the driver’s responsibility for driving a car without rest. He may be fined 1500-2000 rubles. For individual entrepreneurs - a fine of 15-25 thousand rubles.

Officials (legal entities) may be found guilty of establishing an improper rest schedule for drivers. They will be fined for violation:

• for legal entities - the amount is 20-50 thousand rubles;
• for officials - the amount of 7-10 thousand rubles.

Article 5.27 of the Code of Administrative Offenses, which provides for liability for violation of labor legislation and other acts containing labor law norms, may also be applied. Fines under it (clauses 1 and 2) range from 1 to 50 thousand rubles, depending on who is found guilty of the violation. Those who break the law for the first time can only be given a warning. For those who repeatedly violate this article, the fine can be significantly increased - up to 70 thousand rubles. to a legal entity.