What is a technical break according to the labor code?

Most citizens have the right to a technical break during work. However, not everyone knows what the legislation says about such breaks. This article will tell you that it regulates the RF Labor Code in technical pauses.

Technical break: General characteristic

A small rest during work is due to citizens by law. Time or type of rest can be chosen depending on the production technology. That is why the technical break is always set by the employer. It is, however, worth remembering that the rest time should correspond to the norms of the Labor Code of the Russian Federation. Otherwise, the employer may be responsible for the consequences.

A working person can carry out work of a different type of complexity and duration. Depending on the type of work, a break is established. Legislation regulates some of the main types of recreation in the workplace. These include:

• Breaks for ventilation of premises in which harmful substances could accumulate;
• Breaks for cleaning the premises;
• Breaks to update the information base, etc.

Quite an important point worth noting is the inclusion of breaks in the duration of a work day. The employer violates the law, considering the legal time for rest as an additional hour to work.

Main types of breaks

The Russian Labor Code divides the technical break into several basic types. So, it is worth highlight the following main groups:

• Special and general breaks;
• Recommended and mandatory;
• Included and not included in labor remuneration.

The Labor Code considers general breaks as minutes (hours) of rest for personal need. This, as a rule, breaks for lunch, and in some enterprises - and for sleep. A special technical break is established depending on the type of work activity (for example, metallurgists need time to ventilate the workshop). Mandatory breaks are set by the employer, and they can not be avoided. The recommended time of rest should be agreed.

With inclusions or not included in the payment of labor interruptions, everything is clear. It is worth noting that it is necessary to include breaks in payment for almost any civil enterprise.

Work with computer

A significant increase in office workers is strongly reflected in legislation. So, not every employer can correctly determine the duration and type of technical break for workers with a computer.

It is worthwhile, however, to highlight the position of SanPina from 2003, in which the procedure for organizing work with computer equipment is established quite clearly. So, one of the points of the presented document regulates the need for an interval of 50 to 140 minutes. In this case, the employee can not sit at the computer for more than two hours in a row.

Why do we need such technical breaks at work? First of all for the health of citizens. Even the most modern and safe technique exerts considerable pressure on the eyes, causes fatigue, tension and irritability.

Recreation and food

Any technical break involves satisfying the personal needs of workers. As a rule, this is dinner. The Labor Code prescribes that the time for a lunch break should be at least half an hour and not more than two hours. In this case, the specific time is established only by the internal labor schedule.

There is, nevertheless, a number of certain enterprises where the provision of a lunch break is not possible. In this case, management should give workers time to eat during working hours. It is also worth noting the existence of paid and unpaid lunch breaks. Unpaid people can be used not only for food, but also for any personal needs. With paid clocks everything is a little different. As an example, one can cite teachers who are obliged to dine only with their children (in fact, right during working hours: in parallel teachers exercise control over the students).

Personal Needs

As already mentioned above, for general breaks are the time, designed for a variety of personal needs. This is usually a lunch hour, a visit to a public restroom, smoke breaks, psychological unloading , etc. Such interruptions are necessary to reduce fatigue. As you know, fatigue has an extremely negative impact on workers. Significantly reduced performance, many employees become irritable, resulting in a collapse of collectivism.

Breaks for personal needs are, as a rule, ten or twenty minutes. However, their duration varies only on the basis of working conditions. It is also worth noting the presence in some companies of special facilities, where employees can relax and relax. It would be superfluous to recall the Asian example: for example, in Japan, the leaders of many companies are confident in the fruitful influence of sleep on the performance of a person. That's why some Japanese workers use technical breaks in production for sleep.

Special Breaks

Above it was told in detail about the time for rest of a general type. And what are the specialized breaks? As you know, this time for some updating of the working process: ventilation of the workshops, cleaning the territory, making changes to the databases, etc. Naturally, a special technical (or technological) break is not established everywhere. This is required only by those enterprises where recreation is necessary for technology, and not for man. And what can an employee do at this time? Since the technological break is paid, the worker is usually allowed to do everything that is not prohibited by the statute: a snack, a smoke, go to the store, etc.

In this case, often a person needs rest. These are enterprises with harmful working conditions: for example, tobacco, metallurgical, starch or any other hazardous production.

How much time is given for such a technical break? 15 minutes - the minimum limit, and one hour - the maximum.

Temperature conditions

Abnormal temperature conditions are, in fact, one of the subspecies of special breaks. Thus, workers in many enterprises may simply lose their energy when the conditions of work are too hot or, on the contrary, too cold. Naturally, such employees need quality rest. This is also evidenced by Article 109 of the Labor Code of the Russian Federation, which is devoted precisely to the temperature conditions that do not correspond to the norm.

Set the optimal length of rest should a group of specialists. The employer is obliged to take note of all the necessary information on rest. After that, he begins to develop special areas or premises, where workers could restore strength. It is necessary to mention the availability of special equipment that would help staff warm up or, on the contrary, rest from the heat.

Uneven load

Often, the labor activity of many employees can be divided into certain parts, and not equal in terms of load. Naturally, this kind of work activity also implies a certain duration of a technical break. What does the legislation say in this case?

If the work process is divided into parts, appropriate breaks should be established between the stages of the work activity. At the same time, each break should be at least ten minutes, a maximum of two hours. The working hours should not exceed the temporary working day norm. It is also worth noting that these breaks are not considered paid, and therefore do not enter during business hours.

Despite the fact that the working day can be shattered in quite different ways, the principle of compliance with standards still remains extremely important. For example, the workload of the drivers of shuttle buses should be divided into two parts. In this case, each of the parts should not exceed four hours. Technical break on the labor code Is set for a duration of two hours (this does not include lunch and break for technical reasons).

Duration of the break

The length of the breaks has already been told enough. So, too short, non-compliant rest, leads to imposing responsibility on the employer. However, there are other problems. One of them is a too long break.

A long break is often even worse and more inconvenient than too short. After all, it significantly delays the work process, exacerbating the situation of both employees and employers. At the same time, two situations stand out: the first is the delaying of breaks by the employees themselves. Such antics can be considered as a banal delay, respectively, they entail the imposition on the employee of certain sanctions. The second situation is a schedule that does not meet the standards. The employer establishes too long breaks, as a result of which the workflow becomes less effective. In this case, there are two solutions: either a direct dialogue with the leadership, or a decision of the case through the court (with apparent discrepancies between the breaks norms).