Many people interested in employment are interested in the question: what are the rules governing the lunch break at the enterprise? This is a very important point that helps ensure that employees have free time to eat. Its absence makes you think about the integrity of the employer. After all, eating is a natural need of the body. And every employee must satisfy her. But, of course, not to the detriment of work. Often a working day lasts a long time. Or the person remains for overtime work. Somehow he needs to eat. Standards 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 Labor Code of the Russian Federation breaks for eating are indicated as mandatory. That is, each employer is obliged to provide his employee with a certain period of time for a lunch break during the working day or shift. Especially if it is not a combination job, but a full shift. Lack of time for eating is a direct violation of labor standards established by law . You cannot starve subordinates. They have the right to complain about their employer. You can not provide a break for eating only when the shift is approximately 4 hours. That is, in combination. But even in this case, subordinates may require a lunch break legally.
Not to the detriment of work
The next point is the recording of time for rest and eating. Article 108 of the Labor Code indicates that the employer is not only obligated 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 this from him. Even if a person on his own initiative did not interrupt his job for the sake of eating.
Minimum
There are certain standards regarding the duration of a break for rest and lunch. They are also spelled out in the Labor Code. But we are talking exclusively about the maximum and minimum. The exact numbers should be indicated in the employment contract of each employer. It turns out that the length of time allotted for eating is the time frame that the director has the right to set independently. But taking into account the established norms of the duration of rest.
How much minimum time is allocated for a meal? At least 30 minutes is the minimum required by law in Russia in order to eat or just relax. The establishment of a lunch break below the specified level is a violation of the legislation of the Russian Federation. An employment contract, which indicates a period of less than the established norm, as well as its complete absence, is a violation of human rights and labor personnel.
Maximum
What else should you pay attention to? What are the important points of the Labor Code? Lunch break is something that every employer must provide to its employees. Minimum meal time is 30 minutes. And what about the longest set duration? Legally fixed maximum lunch break. For rest and eating, 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.
Without breaking away from work
In some cases, the employer cannot provide the staff with legal rest, which provides for separation from work. In this situation, the Labor Code of the Russian Federation also provides for certain rules. It has already become clear - you cannot leave subordinates without eating. This means that the lunch break should be provided due to the work shift. The director must provide the opportunity to eat directly in the performance of duties. In what posts is it envisaged? This is regulated by an employment contract between the employer and the subordinate. It specifies the norms in relation to breaks, as well as spelling out places where you can eat, and also relax.
No hard frames
A lunch break is a quantity that, as already mentioned, has only maximums and minimums in the legislation. The article under study is not inherent in any other specifics in relation to the provision of time for rest or meal. As already mentioned, each employer independently sets the duration of the lunch break. These standards are prescribed in the employment contract. As a rule, at the enterprises all employees are given a break at a specific time (for example, at 12:00). It can be used both for relaxation and for lunch.
In fact, 30 minutes is too little to eat. Often, employees do not have time to eat calmly. And 120 minutes is a lot. Therefore, there is an unwritten norm in relation to the issue under study. The majority of employers have a rest break of 1 hour.
Where to relax and dine?
Of course, directly at the workplace you can not in any way eat food. Therefore, it is necessary to clearly identify at each enterprise a zone that is intended for rest or lunch. This is quite normal. Most often, such a place is a dining room or cafe, located at the corporation.
It should be noted that the lunch break is carried out exclusively in accordance with the employment contract. This means that the employer must not only allocate, but also indicate in the agreement the places reserved for meals or a break for unpaid legal rest. If there is no such item, employees can eat directly at the workplace or even leave the walls of a company in order to relax or break off for lunch. Therefore, this feature should not be neglected.
Women with babies
Separate attention is required by women who immediately after delivery went to work. Article 108 of the Labor Code of the Russian Federation indicates that such employees should not only be given a break for eating. Until a certain point, these personnel have every right to count on additional rest. According to the established rules, the lunch break for a woman who has children under the age of 1.5 years must last in accordance with the rules of the corporation. But in addition, it can be calculated for periods for feeding the baby.
They also have their limitations. The maximum is set by the employer (usually by agreement of the parties). And the minimum is 30 minutes. That is, a woman with a small child can be interrupted for feeding the baby for at least half an hour additionally, not at the expense of her own meal or rest.
How often do you need to provide intervals for the baby? At least once every 3 hours. In fact, this moment is recommended to coordinate with the employer - all children are different. Someone after 2 hours wants to eat, someone else can tolerate 4-5. Therefore, these features are negotiated in advance by the parties. The lunch break due to the need to feed a child under the age of 1.5 should not be changed.
Where I want - I’ll go there
The time allotted for eating, as already mentioned, is not paid. It is not included on the working day. Accordingly, the Labor Code provides for some features that give freedom of action to personnel during a meal. The fact is that breaks for rest and meals are personal minutes (or hours) of an employee. He has the right to use them at his discretion. For example, go home for lunch, go shopping, meet friends. The main thing is to comply with the duration limits. The employer cannot forbid the employee to take this action. If a subordinate wants, during the lunch break he can go to a store or cafe for food. After all, restriction by the authorities in actions during periods that are not paid is a violation of human rights.
Rest outside the company
A lunch break is not necessarily the time at which a meal is taken. The fact is that since these periods are not paid, 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 relax. Moreover, no one has the right to force a subordinate to remain within the company. Breaks for rest or lunch are the personal time of every citizen. And he has the right to dispose of it as he wishes.
The only thing the subordinate must take into account the following moment: if during the established lunch break the meal was not carried out, there will be no additional break for eating. The employer, at his discretion, can make an indulgence to the employee, but this is an extremely rare occurrence. You should not rely on her.
Change breaks
Another important point - the lunch break is a clearly fixed internal schedule for a period of time. It must be established and approved by the employer. It is important. Some people wonder whether it is possible to independently transfer lunch time to one or another hour. The answer is no. You can try to negotiate with the employer, but nothing more. On an ongoing basis, no one will transfer the time allotted for a particular employee to rest and eat. On your own initiative, you can not tolerate breaks. Therefore, if the employer offers lunch from 12:00 to 13:00, for example, then it is necessary to eat during this period of time. After all, more breaks will not be provided.
Work on transport
Often, employees have to work on transport or constantly leave the main workplace to complete their duties in full. That is, people have features of the work schedule. What to do with lunch breaks in this situation? The employer must issue a special decree, which will spell out all the nuances of the time given to employees working in transport or on permanent trips for lunch and rest. Such documentation is called the provision on the provision of a break for personnel with particular working conditions.
Often, employees independently set aside time for lunch without notifying the employer. That is, for now, for example, they get to the meeting place. According to the established rules, this cannot be done. But unspoken norms provide for such a step. But only the employer does not exempt from providing an official break for eating. All the same, he must necessarily allocate a certain interval for lunch. Otherwise, subordinates may legally complain about it.
Summarizing
What conclusions can be drawn from the foregoing? Lunch break is legal time that must be allocated by the employer for rest and meal for all employees. Its minimum duration is 30 minutes, the maximum is 120. In fact, it is practiced to establish an hour-long lunch break.
The studied period of time is allocated by the employer in accordance with the employment contract and the internal regulations of the enterprise. Only the boss can carry it. Employees willfully have no right to change the time of rest and lunch. It's illegal. Women with young children may require additional breaks to feed the baby. Not the most common practice, but it does occur. The employer cannot refuse this. The lunch break should not be reduced. It is provided to employees on the same terms as all other subordinates.
Each subordinate has the right to freely control the time allotted for rest or lunch. It should be noted that you can leave the walls of the company. No one can limit the employee in this regard. After all, the employer does not pay for periods of rest and meals. So, it cannot pretend for personal time for rest of subordinates.