To prevent violations of the constitutional right of an employee to rest, Rostrud issued a memo for employers. An overview of the clarifications in the material aif.ru.
What kind of breaks can be taken during the working day?
The Labor Code (Labor Code of the Russian Federation) provides for three types of breaks:
- for rest and food;
- for heating;
- for feeding the child.
Lunch time varies from half an hour to two hours. If the working day is eight hours, then the employee is entitled to one break, if more than eight hours — two. But if the working day is less than four hours — lunch is not allowed.
Rest time is not included in the total working day and is not payable. The exception is cases when the nature and intensity of work do not allow interrupting activities and going to lunch, — the employer is obliged to provide the opportunity to rest and eat at the workplace. If food is provided on the job, this time is considered working and must be paid.
Breaks for heating are typical for special categories of workers — those who work outdoors or in unheated areas, such as loaders or drivers.
Break breaks for feeding are due to:
- mothers with children under the age of 1.5 years ;
- to fathers and other people who raise children alone — motherless.
Duration of feeding — 30 minutes every three hours. Feeding time increases depending on the number of children and cannot be less than an hour. Unlike breaks for lunch and heating, breaks for feeding are included in the total length of the working day and are paid. It is important that a nursing mother can independently distribute breastfeeding breaks: you can add them to lunch or even sum up all the time allocated for the child and transfer it to the end or beginning of the day.
According to Rostrud, the employer has no right require an account of how exactly an employee uses their breaks, regardless of their purpose.
How much time should elapse between shifts?
Each employee is entitled to rest between work shifts — a break between finishing work and starting the next day. As Rostrud explained, rest time should be twice as long as labor time, that is, after working a standard eight hours, you need to rest 16. There is a nuance for working on a rotational basis — the duration of the break, including lunch, can be reduced to 12 hours.
What days are days off?
In accordance with Art. 111 of the Labor Code of the Russian Federation officially on the working week one general day off — Sunday. Whether Saturday will be a day off in the organization, the employer decides, prescribing this condition in the internal labor regulations, in the employment contract. Rostrud specifically noted: the management cannot make Sunday a working day by a local act, even if it postpones the day off to another day.
How should non-working holidays be organized?
It often happens that the day off — Saturday or Sunday — coincides with the holiday. The law states that in this case the non-working day becomes the day following the holiday — there is no need to issue any internal orders for this. In addition, the department indicated that the transfer is carried out only the next day — it cannot be transferred to any other date.
How long can you rest on vacation?
As a general rule, during the vacation, the employee retains the place of work and average earnings. The standard length of vacation per year is 28 days — it can't be less.
Art. 115 of the Labor Code of the Russian Federation provides that leave can be longer than 28 days, provided that it is provided to the following categories of workers:
- teachers and teachers and other teaching staff — 42 and 56 days;
- rescuers — 30, 35 or 40 days;
- Prosecutors — 30 days excluding travel time to the place of rest;
- disabled — at least 30 days;
- officers of the internal affairs bodies — 30 days, and if they work in the north — 45 days;
- minors — 31 days.
In addition to annual paid leave, labor legislation provides for additional paid leave for employees:
- employed in hazardous industries (minimum seven days);
- workers in irregular working hours (at least three days);
- employed in the Far North (16 and 24 days), and a number of other categories listed in Art. 116 of the Labor Code of the Russian Federation.
Also, for example, state civil servants are provided with additional vacation days for length of service — from one to five years — one calendar day; from five to ten years — five days; from ten to 15 years — seven days, from 15 years and more — ten days. Thus, the maximum duration of vacation for them — 40 days.
Who can go on vacation at their own expense?
Rostrud also recalled the categories of citizens who can receive additional leave, but at their own expense:
- an employee with several children under 14;
- an employee with a disabled minor child;
- a single mother raising a child under 14;
- a father who raises a child under 14 without a mother;
- guardian of a minor;
- an employee who takes care of a relative — disabled person of group I.
It is important that the provision of such a vacation — a right, not an obligation, of the employer. You can apply for additional days of rest only if such an opportunity is provided for by a collective agreement with the employer. The duration of such leave cannot exceed 14 days.
The employer is obliged to provide unpaid leave at the request of the following citizens:
- participants of the Great Patriotic War — up to 35 calendar days a year;
- working old-age pensioners (by age) — up to 14 calendar days a year;
- parents and wives (husbands) of military personnel, employees of the internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penitentiary system, enforcement agencies who died or died as a result of injury, concussion or injury received in the performance of military service duties ( service), or as a result of a disease associated with military service (service), — up to 14 calendar days a year; working disabled people — up to 60 calendar days a year;
- employees in cases of the birth of a child, marriage registration, death of close relatives — up to five calendar days
Rostrud especially noted the awarded employees and firefighter volunteers — the employer is obliged to provide them with additional annual leave without pay:
- an employee awarded the highest state awards for labor achievements — Hero of Socialist Labor, Hero of Labor of the Russian Federation, Full Cavalier of the Order of Labor Glory — up to three weeks a year;
- employees awarded the titles of Hero of the Soviet Union, Hero of the Russian Federation, full cavalier of the Order of Glory — up to three weeks a year;
- employee — voluntary firefighter of the territorial division of the voluntary fire brigade — up to ten calendar days.
Sources:
https://pravo.ru/news/242252/
http://www.consultant.ru/law/hotdocs/76595.html
Rate the material