Daily rest between shifts in 2021 - according to the Labor Code of the Russian Federation, what is the duration, drivers, during shift work

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.

Employer's liability for non-compliance

Compliance with the standard hours of both work and rest is one of the constitutional guarantees that must be provided to all workers.

If for any reason the specified values are violated, an unscrupulous or inattentive manager will face penalties under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

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Working time and rest time

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.

To whom is it provided?

Working relationships between the parties can arise for different reasons and types of agreements.

Thus, if the contract was concluded in the civil law regime, the work and rest regime is determined by the employee and his customer without defining a specific period for the performance of the work.

However, if there is permanent employment, secured by the terms of the same employment contract, compliance with the norms of providing daily rest between shifts is mandatory within the framework of the Labor Code of the Russian Federation, which regulates the second type of legal relationship.

In what cases is it permissible to recall an employee from vacation? You will find the order for granting leave to the General Director here.

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.

Payment for night hours according to the labor code

The minimum premium for night hours is 20% of the daily hourly rate (Article 154 of the Labor Code, RF RF No. 554 of July 22, 2008). This statutory minimum wage to an employer cannot be violated. While the maximum additional payment is not limited (regulation of the Ministry of Health and Social Development and Rostrud No. 3201-6-1 of October 28, 2009).

The procedure and amount of additional payment for night time is recorded in writing at:

employment agreement;
collective agreement;
regulations on wages;
other local acts.

Now let’s look at how night shifts that fall on a holiday are paid. In this case, several additional payments are required:

For night working hours (Articles 149, 154 of the Labor Code).
For going to work on a holiday (Article 153 of the Labor Code).

For some categories, an increased level of additional payment for night work was initially fixed. For a number of structures, the amount of additional payments is approved by higher authorities. For example, for law enforcement agencies (order No. 65 of January 31, 2013). In other cases, increased additional payments are determined by law (Rostrud letter No. 3201):

military, security (sentry and fire) – 35%;
Federal Penitentiary Service specialists – 35%;
medical specialists – 50%;
employees working in emergency (ambulance) care – 100%.

If various regulations provide for several additional payments for a certain category of employees, the largest of them is selected.

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.

Break between shifts for drivers

For vehicle drivers, the break between shifts must be at least twice the duration of the previous shift. This is established by the Regulations on the Peculiarities of Working Time and Rest Time for Car Drivers (approved by Order of the Ministry of Transport of the Russian Federation No. dated August 20, 2004).

This act also provides for certain cases:

When calculating working hours in total, the minimum rest period must be at least 12 hours. But it can be shortened by a maximum of three hours if the vacation spot is remote.
For intercity transport, the minimum duration is 11 hours and can also be reduced by three hours.

In the event that the driver’s minimum rest period is reduced, upon his application, he must be provided with at least 48 non-working hours after the end of the shift following the reduced rest period.

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.

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.

Examples of night wage calculations

Additional payments for night work depend on a number of factors:

minimum wage for night work (it is determined by the state);
indicators that are approved in the organization and enshrined in a local act;
time worked.

How are hourly wages calculated?

The organization operates a five-day workweek – 8 hours a day + two days off. The work is based on three eight-hour shifts. One of N.’s employees starts at 17:00 and finishes work by 01:00 at night. Minimum surcharge accepted (20 percent). She is paid extra only for 3 hours worked in a shift (from 22:00 to 01:00).

During the quarter, a shift of three workers completed the full work quota:

for September – 17 days (136 hours);
for October – 18 days (144 hours);
for November - 19 days (152 hours).

At an hourly rate of 160 rubles per hour, N.’s salary will be calculated as follows:

September (51 hours of work at night)
(160 rubles/hour x 85 hours) + (160 rubles/hour x 51 hours x 20%) = 13600 + 9792 = 23392 rubles.
for October (54 hours of work at night)
(160 rubles/hour x 90 hours) + (160 rubles/hour x 54 hours x 20%) = 14400 + 10368 = 24768 rubles.
for November (57 hours of work at night)
(160 rubles/hour x 95 hours) + (160 rubles/hour x 57 hours x 20%) = 15200 + 10944 = 26144 rubles.

How to calculate during a shift work schedule?

Payments for night work when working on a shift schedule are equivalent to the standard schedule.

For example, an employee worked a five-day week with standard working hours (8 hours/day). His salary was 72,240 rubles. The employer asked him to work at night in February from 23:00 to 01:00. The supplement is standard. For February they will pay:

72240/168 = 430 rubles/hour – daily hourly rate.
430 rubles/hour * 2 hours (number of hours worked at night) * 20% = 1032 rubles – bonus.
72240 + 1032 = 73272 rub. - salary for February.

How to calculate salary?

Specialist M. works with a salary of 26,000 rubles. The shift schedule is five days a day. Working days do not fall on weekends. He takes over at 21:00 and takes over at 05:00. In a month he takes over 10 shifts. Additional payment is minimal (20%). During the accounting month, M. fully fulfilled the monthly hourly requirement according to the production calendar (160 hours).

In each shift, he works 7 hours at night (from 22:00 to 05:00). 10 shifts equal 70 hours.

We calculate the average rate per hour: 26000/160 = 162.5 rubles.
We calculate the rate per hour of work at night: 162.5 x 1.2 = 195 rubles.
For 70 hours at night, an additional payment is obtained: 70 x 195 = 13,650 rubles.

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.

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Rest between shifts is a fairly important time period that allows employees to recover from the previous work shift and begin their duties again the next day.

That is, within the framework of the law, this is the time that, according to the regime established in a particular company, is officially given to employees for rest between two working days.

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) .

Duration of rest between shifts

The length of breaks between shifts depends on how long the working day lasts. Its value in hours is not prescribed in labor legislation, but is regulated by instructions and rules developed at the enterprise. It is considered normal when the daily rest between shifts, taking into account the time for a lunch break, is twice as long as the working time. For example, under normal conditions the working day lasts 8 hours. The break between shifts should be 15 hours and a 1 hour lunch break.

This rule does not apply to workers who have a reduced work week, such as healthcare workers. Separate regulations establish rules for the work of drivers.

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?

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.