Lunch break. Article 108 of the LC RF. Breaks for rest and nutrition

Many people at job placement are interested in the question: what are the rules governing the lunch break at the enterprise? This is a very important point, which helps to provide employees with free time for eating. His absence makes you think about the honesty of the employer. After all, eating is a natural need of the body. And every employee must satisfy her. But, of course, not at the expense of work. Often a working day lasts a long time. Or a person remains for overtime work. He somehow needs to eat. Norms for a lunch break in Russia are established by the Labor Code. What does it say? What key points should employees pay attention to?

Direct duty

The first important point is that in the RF Customs Code, breaks for food intake are indicated as mandatory. That is, every employer is obliged to provide a certain period of time for a lunch break by his employee during a working day or a work shift. Especially if it's not about part-time, but about a full-fledged change. The lack of time for eating is a direct violation of the labor standards established by law . You can not exhaust the hunger of your subordinates. They have the right to complain about their employer. Do not provide a break for food intake only if the shift is approximately 4 hours. That is, with part time. But in this case, subordinates may demand a lunch break on legal grounds.

Not at the expense of work

The next moment is taking into account the time for rest and eating. Article 108 of the Labor Code indicates that the employer is not only obliged to provide this period of time to his subordinates. This period is not taken into account as a worker. That is, the employer should not pay for lunch breaks. And no one has the right to demand it from him. Even if a person on his own initiative did not interrupt the performance of official duties for the sake of eating.

Minimum

There are certain rules regarding the length of the break for rest and lunch. They are also spelled out in the Labor Code. But we are talking only about the maximum and minimum. The exact figures must be indicated in the employment contract for each employer. It turns out that the length of time reserved for meals is the hour frame that the director can set independently. But taking into account the established norms for the length of the rest.

How much time is minimal for a meal? At least 30 minutes is the minimum that is prescribed by law in Russia in order to take food or just relax. Establishing a lunch break below this bar is a violation of Russian legislation. The employment contract, which specifies a period of less than the established standard, as well as its complete absence, is a violation of human rights and labor.

Maximum

What else should I pay attention to? What are the important points of the Labor Code? A lunch break is what each employer must provide to its employees without fail. The minimum for the meal is 30 minutes. And what about the longest duration? Legislatively fixed the maximum lunch break. For rest and food intake it takes up to two hours. In practice, such a long break is rare. The main thing is that this time should not be paid by the employer under any circumstances.

Not stopping from work

In some cases, the employer can not provide the cadres with a legal rest, which provides for a separation from work. In this situation, the RF TC also provides for certain rules. It became clear - you can not leave subordinates without food. Means, the lunch break time should be provided at the expense of the working shift. The director is obliged to provide an opportunity for food intake directly in the performance of duties. In which positions is it envisaged? This is regulated by the employment contract concluded between the employer and the subordinate. It specifies the norms for breaks, as well as the places where you can eat and rest.

No rigid framework

Lunch break is a value that, as already mentioned, has only legislatively fixed maxima and minima. The article studied does not contain any other specifics with regard to providing time for rest or a meal. As already mentioned, each employer independently sets the duration of the lunch break. These norms are prescribed in the employment contract. As a rule, at the enterprises all employees at a specific time (for example, at 12:00) are given a break. It can be used for relaxation and for lunch.

In fact, 30 minutes is too little to eat. Often employees do not have time to eat quietly. And 120 minutes - very much. Therefore, there is an unspoken rule regarding the issue under study. Break for rest by the majority of employers is set for 1 hour.

Where to rest and have dinner?

Of course, you can not at all take food directly in the workplace. Therefore, it is necessary to clearly identify in each company a zone that is designed for rest or lunch. This is quite normal. Most often, such a place is a dining room or a cafe, located at the corporation.

It should be noted that the lunch break is carried out exclusively in accordance with the employment contract. So, the employer should not only allocate, but also indicate in the concluded agreement places allocated for a meal or a break for unpaid legal rest. If there is no such item, employees can eat directly at the workplace or completely leave the walls of a company to rest or break for lunch. Therefore, one should not neglect this feature.

Women with babies

Special attention is required by women who immediately went to work immediately after birth. Article 108 of the LC RF indicates that such employees should not only provide a break for meals. Up to a certain point, these frames have the full right to expect additional rest. According to the established rules, a lunch break for a woman who has children under the age of 1.5 years must last according to the rules of the corporation established by the internal regulations. But additionally it can be calculated on the periods for feeding the baby.

They also have their limitations. The maximum is set by the employer (usually by agreement of the parties). A minimum of 30 minutes. That is, a woman with a small child may be interrupted for feeding the baby for at least half an hour in addition, not at the expense of her own meal or rest.

How often is it necessary to provide the time intervals allocated for an infant? Not less than once every 3 hours. In fact, this moment is recommended to be coordinated with the employer - all children are different. Someone already wants to eat after 2 hours, someone and 4-5 can tolerate. Therefore, these features are agreed in advance by the parties. A lunch break due to the need to feed a child who has not reached the age of 1.5 should not be subject to change.

Where I want - I'll go there

The time allotted for food intake, as already mentioned, is not paid for. It does not enter the working day. Accordingly, the Labor Code provides for certain features that give freedom of action to cadres during a meal. The fact is that breaks for rest and food are personal minutes (or hours) of the employee. He has the right to use them at his own discretion. For example, go to lunch home, go shopping, meet friends. The main thing is to observe the restrictions on duration. The employer can not prohibit the employee from doing this. If a subordinate wants, during a lunch break, he can go to a store or a cafe for food. After all, the restriction of superiors in actions in periods that are not paid for is a violation of human rights.

Rest outside company

A lunch break is not necessarily the time in which meals are taken. The fact is that since these segments are not paid for, the Labor Code of the Russian Federation provides for the free use of these time intervals by employees. They can not only eat, but also have a rest. Moreover, no one has the right to force a subordinate to remain within the company. Breaks for rest or lunch - this is the personal time of each citizen. And he has the right to dispose of it as he wishes.

The only thing the subordinate should take into account is the following: if there was no meal during the lunch break, there will not be an additional break for eating. The employer, at his own discretion, can indulge the employee, but this is an extremely rare phenomenon. To hope for it should not be.

Changing breaks

Another important point - a lunch break is a clearly fixed internal routine for a period of time. It must be established and approved by the employer. It is important. Some are wondering whether it is possible to independently carry the lunch time for an hour. The answer is simple - no. You can try to negotiate with the employer, but no more. On a permanent basis, no one will be able to transfer for a particular employee the time allotted for rest and eating. On your own initiative, you can not endure breaks. Therefore, if the employer offers lunch from 12:00 to 13:00, for example, then it is necessary to eat exactly during this period of time. After all, more breaks will not be provided.

Work on transport

Often, employees have to work in transport or permanently leave the main workplace to perform their duties in full. That is, people have a working schedule. What should I do with breaks for lunch in this situation? The employer must issue a special decree, which will prescribe all the nuances of the time given to employees working in transport or in constant travel, for lunch and rest. Such documentation is called the provision on the provision of breaks to personnel with the peculiarities of the labor regime.

Often, employees independently allocate time for lunch, without notifying the employer about it. That is, for now, for example, they get to the venue. According to established rules, this can not be done. But the unspoken norms provide for such a step. But only the employer from giving an official break for a meal does not release it. He still must allocate a certain period for lunch. Otherwise, subordinates can legally complain to him.

Summarizing

What conclusions can we draw from all of the above? Lunch break is a legal time, which should be allocated by the employer for rest and meal to all employees. The minimum duration is 30 minutes, the maximum is 120. In reality, it is practiced to establish a one-hour lunch break.

The studied period of time is allocated by the employer in accordance with the employment contract and internal regulations of the enterprise. It can only be carried by the boss. Employees arbitrarily do not have any right to change the time of rest and lunch. It is illegal. Women with young children may require additional breaks for feeding the baby. Not the most common practice, but it takes place. The employer can not refuse this. In this case, the lunch break should not be reduced. It is granted to employees on the same terms as all other subordinates.

Each subordinate has the right to freely dispose of time reserved for rest or lunch. You should pay attention to the fact that you can leave the company walls. No one can restrict an employee in this regard. After all, the employer does not pay for rest periods and meals. So, to claim for a private time for rest subordinates can not.