In accordance with the provisions presented in the Labor Code of the Russian Federation, any employee has the right to rest provided during the period of fulfilling daily labor duties. Let us further consider its main subtleties provided for by the current legislation.
General concept
According to the law (Labor Code), lunch time must be provided to any employee who is in charge of his duties. In fact, it is represented by a legitimate opportunity to break away from work in a certain period to satisfy one's own needs (in this case, for eating).
It is worth noting that the lunch break is an integral part of the work schedule drawn up at each enterprise. As for the individual qualities that can be used to characterize the period provided for eating (its duration, mandatoryness), they can vary depending on the specific circumstances in which the work is performed, as well as the nature of employment. In addition, certain features of the period provided for meals during the working day may vary depending on how long the process of fulfilling labor duties is established at the enterprise.
Normative regulation
Currently, the features of providing rest for meals during the working day are contained in the provisions of the Labor Code of the Russian Federation. In Art. 108 of this normative act, it is said not only about the need to provide the type of rest in question, but also about its varieties. In addition to Art. 108 of the Labor Code of the Russian Federation, lunchtime (by law) is governed by the provisions of several other articles provided for by this regulatory act (100, 109, 224, 258).
At individual enterprises and organizations, the regulation of the issues under consideration is carried out using the provisions prescribed by the act having a local character of action - the internal routine. It is worth noting that for individuals holding separate positions, a special length of the period allotted for eating can be established - this must be prescribed in the contract, as well as in the collective or labor contract concluded with the employee.
In addition to all of the above, the issue under consideration can be reflected in the schedule of working hours adopted and operating at the enterprise. Practice shows that in some organizations of the enterprise a separate order is issued on the determination of working time within it.
Principles
Under the Labor Code, work and lunch hours should be allocated exclusively in strict accordance with the requirements of the law.
First of all, it is worth noting that a break during the working day is not necessary for eating - during the allotted time, the employee has the right to take time for himself. However, as practice shows, most employees of various organizations prefer to eat during the period allotted for rest, and therefore they are called lunch in the common people, but it is not called that in legislative norms.
Is lunch break included in total business hours?
According to the Labor Code, the lunch break cannot be included in the paid period of employment of the employee, which is directly prescribed by the content of Art. 107 TC, relating this time to a number of periods allotted for unpaid rest of the employee.
It is worth noting that for certain types of employment there is no possibility of providing the employee with a period allotted for rest. In this case, the employee has the opportunity to use his own workplace for eating, which cannot be punishable.
Practice shows that in some cases an employee of the organization has so much work that he does not have time to do it in the allotted time, which is why he uses the period that is allocated to him for personal rest. In this situation, the question arises: can a busy period be paid? The legislator provides a negative answer to it. It is worth noting that the legislation does not even provide for the possibility of replacing the time allotted for rest with another period of the day individually for a particular employee of the enterprise. Of course, this rule can be violated behind the scenes, however, such actions are regarded as a violation of labor discipline and can become a good reason for bringing the violator to disciplinary liability.
General rules for providing leisure time during the working day
It is worth noting that, according to the Labor Code of the Russian Federation, lunch time is provided according to the uniform established rules. Let's consider them in more detail.
So, based on the content of Art. 108 of the Labor Code of the Russian Federation, the considered break should be at least 30 minutes and not more than a couple of hours. As practice shows, most modern employers offer workers working at enterprises a break of about 60 minutes, which is enough to provide for their own needs for eating, as well as for personal matters. In any case, the specified period does not count towards paid working hours.
It is worth noting that, according to the Labor Code, lunch breaks may not be provided. This opportunity is available only if the duration of the daily employment of the employee (or shift) is not more than 4 hours.
The period allotted for rest in the process of fulfilling labor duties must be reflected in the content of the internal rules applicable at the enterprise or labor contracts concluded with employees.
What if the provision of a break for rest is not possible?
It is worth noting that in some situations, the employer does not have the opportunity to provide time for the employee to rest in the process of fulfilling his job duties. How to be in this situation?
The legislator stipulates that if it is not possible to give the employee a break during the working day, he is obliged to provide him with all the conditions suitable for eating right during the activity, without having to leave the workplace. A complete list of such posts should be presented in the content of the internal labor regulations applicable at the enterprise.
Let us further consider the features of the provision of lunch time according to the Labor Code (Article 108), depending on the length of the daily period of employment.
Rest for employees with an 8-hour working day
It is worth noting that for certain options for the length of the working day, the legislator provides for compliance with various rules when determining the period of rest provided during the performance of labor duties.
The main purpose of lunch time for an 8-hour working day (according to the Labor Code) is that it is provided for the possibility of eating. When determining the time allotted for rest under such conditions, in the internal regulations of the structure or organization, it is necessary to regulate the following points:
- the total duration of the lunch break;
- lunch start time;
- a place specially designated for meals by the employees of the enterprise (if there is one in the organization).
In the process of determining the characteristics of the allocation of lunch time by the Labor Code at 8 hours of work per day, it is worth noting that the company does not have the right to prohibit the employee from leaving the territory of the place of fulfillment of his labor duties, as well as the limits of the company for the period designated as rest time. In addition, the employee does not have the right to arbitrarily change the lunch time to a more convenient for himself. That is why in the event that for some reason the employee decided to work during his legal time allotted for rest from performing labor duties, then he subsequently does not have the right to require the employer to provide an additional period for rest, and he, in turn, has no obligation to provide it.
Determination of rest time for employees with a 12-hour shift
What rules are set regarding lunch time for a 12-hour working day (according to the Labor Code)? We consider them in more detail below.
The provisions of the Labor Code of the Russian Federation stipulate the need for a normal restoration of worker strength between shifts, as well as maintaining the state of health of the whole organism.
For those who are engaged in labor activities for 12 hours a day, the legislator sets the maximum duration of a break in the process of performing labor duties during a shift - 2 hours.
It is worth noting that in some conditions there is a need to extend the shift of an employee and, as a result, he is not able to rest normally more than once. In this situation, it will be appropriate for the employer to foresee two breaks, the duration of which, in total, will be 2 hours allotted by law (for example, 2 times 60 minutes). It is important to pay attention to the fact that modern legislation does not provide for such an obligation of an employee, but in practice it is often practiced.
How is the duration of the break for part-time work?
Taking into account the fact that the length of time between the fulfillment of labor duties is strictly regulated by law, you should definitely pay attention to the features of the rules established for part-time workers. At the same time, it is immediately worthwhile to determine that only certain groups of employees designated by the management have the right to work under such conditions. The legislator has established that the right to conduct activities in part-time work, on the basis of the provisions presented by the content of the Labor Code of the Russian Federation, is possessed by:
- women who are pregnant;
- women with children under the age of 14;
- women and men who have the obligation to take care of children with disabilities who have not reached the age of majority;
- men and women who have to take care of a seriously ill family member (or child), but only if there is a medical document proving this.
It is worth noting that, despite the opportunity to conduct their activities in a shortened day, these groups of workers cannot be deprived of any rights established by labor legislation, including the possibility of rest in the process of doing business. According to the Labor Code, lunch time at a 6-hour working day for these groups of people should be provided on general terms and at least 30 minutes a day.
Practice shows that modern employers do not always agree to provide such an opportunity for recreation, however, if this happens, employees have to demand that their rights be respected.
It is worth paying attention to the fact that the legislator provides for the possibility for the employer to refuse to provide the opportunity for a break to those employees who are engaged in the performance of their labor duties no more than 4 hours a day. The same applies to workers engaged in the performance of their duties concurrently, since on the basis of the requirements established by labor legislation, they have the opportunity to work no more than 4 hours a day at one workplace.
It is worth noting that in the latter case, the employer still has the right to provide time for rest of the worker, but this is not his steady duty.
About special breaks
It is worth noting that under the Labor Code of the Russian Federation, certain categories of workers are entitled to receive special breaks. Let's talk about them in more detail below.
The labor legislation establishes certain privileges for women who, being young mothers and on maternity leave, interrupted their legal leave and began to fulfill the duties assigned to them. They, on the basis of Art. 108 of the Labor Code of the Russian Federation, the right is granted to receive several breaks during the working day allotted for feeding the infant. It is noted that the duration of each of them cannot exceed 30 minutes, and also the time interval between them is determined - 3 hours. It is worth noting that such breaks are included in paid time.
In some cases, the legislator provides for the need to establish not one, but two breaks. Among these are drivers whose work shift exceeds the established 8-hour standard.
It is worth noting that, in addition to the groups of persons listed above, disabled people and those who are characterized by serious health problems that interfere with normal work throughout the set time period have the right to request special breaks from the employer. It is worth noting that such an opportunity arises only if the employer is provided with an official medical document confirming the fact of a problem with the appropriate indication of the attending physician.
For certain groups of workers who work in adverse weather conditions, represented by low air temperature, special time intervals should be provided for rest and heating.