Different types of rest times table. What refers to the types of rest time according to the Labor Code of the Russian Federation

Types of rest time includeconcepts, provided for by the standards Labor Code of the Russian Federation, which characterize the periods when an employee can be released from work. For example, types of rest time include a lunch break. What other types of recreation are there and what is their minimum and maximum duration, we will consider in our material.

What is rest time according to the Labor Code

Rest time for employees is defined as the period during which an employee can be released from work official duties. During the period of such rest, a person has the right to engage in personal matters, regardless of its location. This feature is due to the fact that types of rest time include time intervals that arise as a result of the rights granted to the employee by the employer. Below we will take a closer look at the features existing species rest time.

Subject to the provisions of Art. 107 of the Labor Code of the Russian Federation, types of rest time include:

• day break;
• daily rest;
• weekend;
• days recognized as non-working days due to falling on holidays;
• vacation.

How long is the break during the working day?

This type of rest can last from 30 minutes to 2 hours, while the exact period is set internal documents employer. The specified time is allocated so that employees can:

• take a little break from work;
• have lunch.

This break increases the length of the working day, since it is not included in the calculation of hours worked. Exceptions are cases when:

• working conditions do not allow organizing time for such rest;
• work is carried out when low temperatures, and there is a need for periodic heating, for which appropriate rest time is allocated.

We also suggest that you familiarize yourself with the issue of VAT taxation of the cost of lunches provided to employees in the material .

What does daily rest mean?

Daily rest, or break, is carried out by each employee after the end of the working day. This rest period lasts until the start of the next working day. Thus, its duration depends on the work schedule provided for by the employer’s internal documents. For example, if the local document of the organization stipulates that the working hours are from 9:00 to 18:00, then rest lasts from 18:00 of the current day to 9:00 of the next day.

Note that the Labor Code of the Russian Federation provides for the concept of “overtime work,” which means performing labor responsibilities after the end of the working day.

More about features overtime and the rules for its compensation are described in the article .

Rest time from Saturday to Monday is typical for all employers

Often, many employers offer work on a five-day basis, in which working days are Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday and Sunday are weekends. But the Labor Code of the Russian Federation does not define these two days as days off. According to Art. 111 Labor Code of the Russian Federation for 5 days working week employees are given 2 days off, with the obligatory day being Sunday. The second day off may also be Monday, which is stated in the employer’s internal documents.

If the employer is on a six-day working week, then he has one day off. In the event that work processes cannot be suspended for the “classic” weekend from Saturday to Monday, employees have the right to take a weekly rest on different days provided for by the schedule and internal documents of the employer.

In this case, the continuous duration of such rest should be at least 42 hours. Note that specified period also enshrined in certain provisions regulating working hours and rest. For example, such a requirement is contained in clause 26 of the Regulations on the peculiarities of the working hours and rest periods of car drivers, failure to comply with which may lead to the application administrative responsibility to a legal entity in the form of a fine from 30,000 to 50,000 rubles. according to Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Please note that the law determines special order payment for work on weekends.

For more information about this, see the material .

Which days are non-working holidays?

Taking into account the norms of Art. 112 of the Labor Code of the Russian Federation, holidays include:

• January 1-8;
• February 23;
• March 8;
• May 1 and 9;
• 12 June;
• November 4.

What a weekend and holidays planned by the Government for 2018, read.

It is important to note that working on holidays has a number of nuances:

• Employees are allowed to work on such days only with their written consent.
• Compilation is required written order leader.
• Some employees may work on public holidays unless prohibited. medical reports. This:
• disabled people;
• mothers of children under 3 years old;
• pregnant women.
• The employer must comply with the payment specifications reflected in Art. 153 Labor Code of the Russian Federation:
• at piecework payment based on 2 times the piece rate;
• when working on tariff rate— at least 2 tariff rates;
• if there is a salary - from the salary rate (if the work is within the monthly norm according to the Labor Code), in double size(above the monthly norm).

Also about the specifics of working on holidays and its payment, see .

What kind of holidays are there?

Types of rest time include vacation - this is the longest rest provided for by the Labor Code of the Russian Federation.

Norms Labor Code allocate next holidays for staff:

1. Annual paid vacation - minimum term such leave is 28 days, but some employers may provide longer leave if required by law.
2. Annual additional paid leave - such leave can be used if the following conditions are met:

• employees are involved in harmful or dangerous working conditions - the duration of additional leave is from 7 days;
• employees work in special conditions— the duration of such leave is regulated by the employment contract;
• the work is due to an irregular schedule - in this case, 3 days or more can be added to the annual leave;
• work is carried out in the regions Far North or equivalent areas - vacation is 24 and 16 days, respectively;
• other conditions, provided for by laws or local documents employer.

Annual and additional paid leave are planned by the employer for next year 2 weeks before its onset and are approved in a special schedule. You can familiarize yourself with the nuances of drawing up a document in the article.

1. Additional unpaid leave- provided to the employee by family circumstances without saving wages; At the same time, the Labor Code of the Russian Federation identifies certain groups of persons to whom the employer does not have the right to refuse to provide such leave, for example:

• disabled people;
• pensioners;
• employees upon the birth of a child, marriage, death of a relative;
• in the presence of other reasons listed in Art. 128 Labor Code of the Russian Federation.

Results

As you can see from the article, labor legislation provides a wide range of possibilities for providing an employee with a break from performing his work duties. Moreover, the duration of such rest can be either minimal - 30 minutes, or longer, up to weeks if the employee exercises his right to leave.

In Russia, everyone has the right to rest. This right is guaranteed by the Constitution Russian Federation and applies to all categories of workers, regardless of the form in which they realize their ability to work. However, it should be borne in mind that the right to rest on weekends and holidays, as well as the right to paid annual leave, is guaranteed only to persons working under employment contract. This means that the listed guarantees do not apply to citizens - individual entrepreneurs and persons performing work and providing services under civil contracts.

According to the Labor Code of the Russian Federation rest time- this is the time during which the employee is free from performing work duties and which he can use at his own discretion.

The Labor Code of the Russian Federation refers to the following types of rest time:

Breaks during the working day (shift);

Daily (between shifts) rest;

Weekends (weekly uninterrupted rest);

Non-working holidays;

Vacations.

Let's look at these types in more detail.

Firstly, during the working day (shift) the employee must be provided break for rest and meals lasting no more than two hours and no less than 30 minutes, which is not included in working hours. The time for granting a break and its specific duration are established by the internal rules labor regulations organization or determined by agreement between the employee and the employer. At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food (for example, at road transport), the employer is obliged to provide the employee with the opportunity to rest and eat during work time. The list of such work, as well as places for rest and eating, are established by the internal labor regulations of the organization.

In addition to the above breaks, the Labor Code of the Russian Federation stipulates the procedure for providing special breaks for heating and rest for certain types works It is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations of the organization. For workers working during the cold season outdoors or in closed, unheated rooms, as well as loaders engaged in loading and unloading operations, and other workers, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

For working women with children under the age of one and a half years, in addition to a break for rest and food, an additional break is provided for feeding the child (children) at least every three hours of continuous work, lasting at least 30 minutes each. If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one

hours. At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in aggregate form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction. Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.

Secondly, all employees are provided weekend(weekly uninterrupted rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off. The general day off is Sunday. The second day off in a five-day working week is established collective agreement or the internal labor regulations of the organization. Both days off are usually provided in a row.

In organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations of the organization.

Non-working holidays in the Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

In order to rational use For employees on weekends and non-working holidays, the Government of the Russian Federation has the right to transfer days off to other days.

Work on weekends and non-working holidays is paid at least double the amount:

Piece workers - at no less than double piece rates;

For employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;

Workers receiving monthly salary, - in an amount of no less than a single daily or hourly rate in excess of the salary, if work on a day off and a non-working holiday was carried out within the monthly working time norm, and in an amount of not less than a double hourly or daily rate in excess of the salary, if the work was performed in excess of the monthly norm.

At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

The Constitution of the Russian Federation guarantees paid annual leave to those working under an employment contract. The Labor Code of the Russian Federation establishes a rule according to which employees are provided annual holidays while maintaining the place of work (position) and average earnings.

Vacation- this is the rest period provided to the employee in accordance with the law, during which the employee is free from performing a labor function.

All vacations, depending on the purpose of their provision, can be divided into two groups:

Leaves provided to restore the employee’s ability to work;

Leave, the provision of which is related to the social status of the employee.

The first group vacations include:

1) annual basic paid holidays;

2) extended basic leave (for example, leave provided to employees under 18 years of age (31 calendar days), teaching staff (56 calendar days), disabled people (30 calendar days), etc.);

3) additional holidays provided by:

Workers engaged in work with harmful and (or) dangerous working conditions;

Behind special character work.

Leaves of the second group include:

1) leave for employees with family responsibilities;

2) vacations for employees combining work with training;

3) leave without pay. Depending on the preservation of wages, vacations are divided into paid and unpaid.

The right to rest is a natural and inalienable rights person. Article 37 of the Constitution of the Russian Federation provides that those working under an employment contract are guaranteed the established federal law working hours, weekends and holidays, annual paid leave. Therefore, this right is also constitutional. The Labor Code of the Russian Federation establishes the provision of the right to rest as one of the principles of legal regulation of labor and directly related to them related relationships. In addition, the Labor Code of the Russian Federation names the right to rest as one of the basic rights of an employee.

Section 5 of the Labor Code of the Russian Federation is intended to ensure the implementation of these constitutional guarantees, their specification and creation of conditions for the proper use by employees of the rest time due to them.

In accordance with Article 106 of the Labor Code of the Russian Federation, rest time means the time during which the employee is free from performing work duties and which he can use at his own discretion. Consequently, the employee uses rest time to satisfy his personal needs, interests, and to restore expended energy.

Labor legislation does not provide for the procedure for using rest time; it defines only the general rules for its provision for a specific period, namely: during a working day (shift), calendar day, week, year. Everything regarding the procedure for using rest time is the right of the employee himself.

The norms of the Labor Code of the Russian Federation, which establish legal regulation rest periods apply to persons working under an employment contract in organizations, regardless of their organizational and legal forms and types of ownership on which they are based.

The right to rest is one of the basic human rights. According to the Constitution of the Russian Federation, everyone has the right to rest (Part 5, Article 37). It should be emphasized that this right is guaranteed only to persons working under an employment contract.

> Concept and types of rest time

Section V of the Labor Code is devoted to the legal regulation of rest time, which contains the legal definition of rest time (Article 106 of the Labor Code).

According to Art. 106 of the Labor Code, rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion. Consequently, the concept of “rest” is conditional and is not limited to the restoration of strength expended during labor.

Rest time is used by the employee to satisfy his personal needs, fulfillment family responsibilities, for recreation, restoration of labor potential, personal development, increase educational level, health promotion, participation in various fields public and cultural life, implementation of civil, political, socio-economic rights and freedoms.

The legislation does not regulate the procedure for using rest time - this is the prerogative of the employee himself, but only determines the general rules for its provision. General rules and guarantees relate to the duration of rest periods, the conditions and grounds for their provision to employees, and the employer’s obligations to provide employees with rest time.

Norms labor law regulating rest time apply to employees of all employers, regardless of their organizational and legal forms and types of ownership on which they are based.

The length of rest time can be established directly by law or indirectly by limiting working hours. This limitation is established in Art. 91 of the Labor Code, according to which working hours cannot exceed 40 hours per week.

In accordance with Art. 107 TC types of rest time are:

· breaks during the working day (shift);

· daily (between shifts) rest;

· weekends (weekly uninterrupted rest);

· non-working holidays;