Rest time - basic concept and types. Rest time and its types according to labor law

Concept and types of rest time

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 food 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 labor regulations of the 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 hour. 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 work week is established by a 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.

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;

For employees receiving a monthly salary - in the amount of no less than a single daily or hourly rate in excess of the salary, if work on a weekend or non-working holiday was carried out within the monthly working time standard, and in the amount of at least double the hourly or daily rate in excess of the salary, if the work was produced 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 granted annual leave while maintaining their 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 the age of 18 (31 calendar days), teaching staff (56 calendar days), disabled people (30 calendar days), etc.);

3) additional leaves provided:

Workers engaged in work with hazardous and (or) dangerous conditions labor;

For the special nature of the 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 wages. Depending on the preservation of wages, vacations are divided into paid and unpaid.

Rest time is a period of time during which an employee is free from performing work duties and can use it at his own discretion, based on personal interests. The procedure for using rest time depends on the wishes of the employee and cannot be limited by the employer based on his interests.

In the event that an employee, during the rest period, commits on the territory of the organization any offense, then such employee cannot be brought to disciplinary liability.

Article 107 of the Labor Code of the Russian Federation provides for five types of rest time:

Article 107. Types of rest time

Types of rest time are:

breaks during the working day (shift);

daily (between shifts) rest;

weekends (weekly uninterrupted rest);

non-working holidays;

Types of rest time:

1. Breaks during the working day. They are divided into breaks for rest and nutrition and special breaks for heating and rest. The duration and number of breaks for rest and meals are established by a collective agreement or internal labor regulations. The duration of such a break, in accordance with Article 108 of the Labor Code of the Russian Federation, should not be less than 30 minutes and more than two hours.

The duration and number of special breaks for heating and rest are also determined by local legal acts. In some cases, they are established by regulations on working time and rest time for certain categories of workers.

2. Daily (between shifts) rest/breaks. Current legislation does not regulate in detail the provision of such rest time to employees. According to the general rule that has developed in law enforcement practice, the duration of the inter-shift/inter-day break, together with the break for rest and food, must be no less than double the duration of the previous working day or shift.

3. Weekends. Weekends are divided into two types:

1) Mandatory days off. Mandatory days off are usually Saturday and Sunday. The duration of weekly continuous rest cannot be less than 42 hours (Article 110 of the Labor Code of the Russian Federation).

2) Additional days off.

Additional days off are provided to the following categories of workers (Article 262 of the Labor Code of the Russian Federation):

1. One of the parents (guardian, trustee) is provided with 4 additional days per month to care for disabled children upon their written application.

2. Women working in rural areas are given one additional day off per month without pay upon their written request.

3. One of the parents (guardian, trustee) in the Far North and having a child under the age of 16 is given 1 (one) day off without pay.

4. Non-working holidays. Article 112 of the Labor Code of the Russian Federation.

We have 12 non-working holidays.

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.

Rules for involving employees in work on weekends and non-working holidays (Article 113 of the Labor Code of the Russian Federation).

In accordance with Part 1 of Article 113 of the Labor Code of the Russian Federation, it is prohibited to involve workers in work on non-working holidays. At the same time, this article provides 3 (three) general rules attracting employees to work on holidays and non-working days.

In accordance with Part 2 of Article 113 of the Labor Code of the Russian Federation, if there are appropriate grounds, employees may be required to work on public holidays and non-working days with their written consent.

If there are grounds specified in Part 3 of Article 113 of the Labor Code of the Russian Federation, employees may be involved in work on weekends of non-working holidays without their written consent, it is important to keep in mind that the list of grounds giving the employer the right to involve an employee in work on weekends of non-working holidays is not exhaustive.

If there are grounds not specified in parts 2 and 3 of Article 113 of the Labor Code of the Russian Federation, an employee may be required to work on holidays and non-working days with his written consent and taking into account the reasoned opinion of the elected trade union body of the primary trade union organization.

Special rules for attracting work on non-working holidays have been established for creative workers; women with children under three years of age; and disabled people.

The involvement of creative workers to work on non-working holidays is regulated by a collective agreement or internal labor regulations.

Involvement of women with children under three years of age and disabled people to work on holidays and non-working days is allowed if there is availability following conditions:

1) The employee has a medical certificate authorizing him to be involved in such work.

2) The employee is familiar with his right to refuse to work on a day off or a non-working holiday.

Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

5. Vacations. Let's look at it in more detail in the second question.

Under rest time labor law refers to the time during which employees, in accordance with the law and internal labor regulations (shift schedules), collective and labor agreements, must be free from work and which they use at their own discretion.

According to Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion.

Types of rest time:

1) breaks during the working day (shift);

2) daily (between shifts) rest;

3) days off (weekly uninterrupted rest);

4) non-working holidays;

5) vacations.

A break for rest and food is provided to the employee during the working day (shift) lasting no more than 2 hours and no less than 30 minutes. This break (in practice it is often called a lunch break) is not included in working hours and is not paid.

The time for granting a break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer.

Daily rest (break between shifts) is determined by internal labor regulations or shift schedules; its duration depends on the duration of daily work and the break for rest and food.

The minimum duration of daily rest between shifts, as a rule, should be (together with the break time for rest and food) no less than twice the duration of work in the shift preceding the rest. In two- and three-shift work, this is ensured by the fact that the transition from one shift to another occurs after a day off.

For some categories of workers with a special nature of work (car drivers, crew of inland water transport vessels, etc.), with the summary recording of working time established for them, daily rest may be of shorter duration.

Weekends (weekly rest) are days off from work in the calendar week (Articles 110, 111 of the Labor Code of the Russian Federation). With a 5-day work week, employees are given 2, and with a 6-day work week - 1 day off. The duration of weekly uninterrupted rest must be at least 42 hours. The general day off is Sunday. The second day off in a 5-day working week is established by a collective agreement or the internal labor regulations of the organization. Both days off are usually provided in a row.

Annual 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.

Work on weekends and non-working holidays is prohibited. Attracting workers to work on these days is allowed only in the cases specified in Art. 112 and 113 of the Labor Code of the Russian Federation.

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 (Part 3 of Article 112 of the Labor Code of the Russian Federation). To engage in the specified work on non-working holidays, the consent of workers and taking into account the opinion of the trade union body is not required.

This rule is an exception to the general rule established for weekends and non-working holidays, Art. 113 of the Labor Code of the Russian Federation, which states that work on weekends and non-working holidays is, as a rule, prohibited and that the involvement of employees in work on such days is carried out with their written consent in the following cases:

1) to prevent an industrial accident, catastrophe, eliminate the consequences of an industrial accident, catastrophe or natural disaster;

2) to prevent accidents, destruction or damage to property;

3) to perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual divisions depends.

It is allowed to attract to work on weekends and non-working holidays creative workers of cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses, media, professional athletes in accordance with the lists of categories of these workers in organizations financed from the budget, in the manner established by the Government of the Russian Federation, and in other organizations - in the manner established by the collective agreement.

Work on weekends and non-working holidays is paid at double the rate, and only at the request of the employee, instead of increased pay, he can be given another day of rest (Article 153 of the Labor Code of the Russian Federation).

It is prohibited to employ pregnant women (Article 259 of the Labor Code of the Russian Federation) and workers under the age of 18 to work on weekends and non-working holidays, with the exception of some creative work (Article 268 of the Labor Code of the Russian Federation).

Involvement of disabled people and women with children under 3 years of age to work on weekends and non-working holidays is allowed only if such work is not prohibited for them for medical reasons.

In accordance with paragraph 5 of Art. 37 of the Constitution of the Russian Federation, those working under an employment contract are guaranteed the right to paid annual leave. This constitutional provision is developed and specified in the Labor Code of the Russian Federation.

Vacation is an annual continuous rest for a certain number of days in a row, which is provided to all employees to restore their working capacity while maintaining their place of work (position) and average earnings.

Types of vacations:

1) annual (main and additional);

2) preferential (additional leave for women with children, participants of the Great Patriotic War);

3) special (educational, temporary disability, pregnancy and childbirth, family circumstances and etc.).

The type of rest time is annual paid leave (main and additional), which is provided for rest for work for a certain time while maintaining the place of work (position) and average earnings.

Annual basic leave is provided to all employees with preservation of their place of work (position) and average earnings.

Annual basic paid leave is provided to employees for a period of 28 calendar days.

1) for disabled people – at least 30 calendar days;

2) for minors – at least 31 calendar days;

3) for employees of scientific research and cultural and educational institutions - 36 or 48 working days;

4) for teachers, lecturers and managers of general education institutions, educational institutions of primary vocational education; for teaching staff and heads of educational institutions of secondary and higher vocational education, as well as for management and teaching staff of special preschool educational institutions that educate children with developmental disabilities, sanatorium-type preschool educational institutions - 56 calendar days;

5) for management and teaching staff of general purpose preschool educational institutions and preschool groups of schools, kindergartens, educational (out-of-school) institutions of additional education, educational, training and methodological centers; for teacher-organizers, social educators, educators, industrial training masters - 42 calendar days;

6) for employees of health care organizations diagnosing and treating HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus - 36 working days;

8) for civil servants – at least 30 calendar days; for prosecutorial employees - 30 calendar days, and for those working in the Far North - 54 calendar days, in equivalent areas - 46 calendar days;

9) for judges - 30 working days, and for those working in areas with difficult and unfavorable climatic conditions– 45 working days

All people have the right not only to work, but also to rest in accordance with the law. When employed, they sign an agreement defining work and rest hours. Rest time refers to a period when an employee is relieved of his work duties and attends to personal affairs. Some of these periods are paid by the employer, while others are not. The possibility of receiving compensation directly depends on the type of vacation. The concept and types of rest time are regulated by the Labor Code of the Russian Federation.

Concept of working time and rest time

Working time is the period intended for an employee to perform his work duties according to the company’s regulations.

The concept of rest time is established by Art. 106 Labor Code of the Russian Federation. Rest time according to the Labor Code is the interval in which a person is released from performing labor functions. Formally, rest time in labor law is a person’s stay outside his workplace. The employee has the right to use rest time at his personal discretion. During these periods, he can study, undergo treatment, fulfill family responsibilities, participate in political activity, go to the sea, etc. The purpose of rest is to restore the ability to work.

The right to rest is defined by the Constitution of our country. All types of rest time according to the Labor Code of the Russian Federation are included in the terms of employment contracts.

Types of rest time

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

Short breaks during the work shift;

Break between shifts;

Weekends and holidays;

Rest time under the Labor Code of the Russian Federation is not paid in all cases. For example, regular and additional days of vacation are compensated in full according to the labor law. Types of rest time are, but are not subject to payment:

Rest at your own expense;

Breaks;

Weekends and holidays.

However, if a person goes to work on a legal day off, the day is subject to pay.

As non-payable rest time, the Labor Code of the Russian Federation also defines breaks during the shift provided to personnel under Art. 108 TK.

In certain types of work, workers are entitled to breaks for heating, which are included in working hours and are subject to payment. Typically, they are used in harsh climatic conditions.

Rest time during the daily work schedule is set individually. Weekends can be considered 2 or 3 days after the shift. The generally accepted weekends of Saturday and Sunday, as well as holidays, if they fall on a working day, do not count as rest time.

Standards for working hours and rest time

The Labor Law establishes certain standards of working time and rest for personnel:

Work and rest time (designation)	Working time and rest time (brief description)
Length of working time per week	maximum 40 hours
Working hours per week for workers under the age of majority	maximum 36 hours from 16 to 18 years old; for workers during vacations and workers under 16 years of age – maximum 24 hours; for students 16 – 18 years old in free time – 18 hours; for students under 16 years old – 12 hours.
Working in hazardous conditions	maximum 36 hours
Annual leave	minimum 28 days.
Duration of rest from last day working week until work starts next week	minimum 42 hours
With a 5-day work week	two days off a week
With a 6-day work week	one day of rest per week
Holidays	list according to Art. 112 of the Labor Code of the Russian Federation, changes may be made annually

For some types of activities, as well as in areas with harsh climatic conditions, workers are provided with rest time according to labor legislation as additional holidays. Typically, they are introduced to neutralize the effects of unfavorable factors and operating conditions caused by operating conditions and climate.

Normal working hours are directly related to the five-day work week. If an employee works five days for 8 hours, that’s exactly forty hours. Employees working on a staggered schedule are at work for twelve hours at a time. But the same weekly work rate is established for them as for those who work a five-day week.

Holidays cannot serve as a reason or basis for reducing wages. If an employee is a salaried employee, he will have more days off per month and will receive a standard salary. A holiday is not considered a time of rest when actually going to work to perform duties.

The time of work and rest according to the Labor Code is stipulated by agreements regulating labor Relations. Legal regulation rest time is reflected in the Labor Code of the Russian Federation and the Constitution. They describe the legal possibility of using days/hours of rest and its types. The unified law on working time and rest time for today is Labor Code RF.

Under labor law, rest time is understood as the time during which employees, in accordance with the law and internal labor regulations (shift schedules), collective and labor agreements, must be free from work and which they use at their own discretion.

Break; for rest and food is provided to the employee during a working day (shift) lasting no more than 2 hours and no less than 30 minutes. This break (in practice it is often called a lunch break) is not included in working hours and is not paid.

The time for granting a break and its specific duration are established by internal labor regulations or 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, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations ().

In addition, during the working day (shift), employees are provided with short breaks for rest and personal needs. These breaks are included in working hours by taking them into account when establishing labor standards (production, time, service, number standards).

Working hours also include special breaks established in the interests of labor protection (,), which are not a type of rest time. In the previously valid Labor Code, Art. 153, similar, was included in the chapter on labor protection, which more accurately reflected the purpose of breaks for rest during loading and unloading operations and for heating when working in cold weather.

In the interests of labor protection, special rest breaks are provided and included in working hours (and, therefore, paid) due to the special nature of the work. Such breaks of at least 15 minutes are provided to their drivers at certain intervals during continuous driving. Dispatchers managing civil aviation at a display console are given breaks of at least 20 minutes after two hours of continuous work, and at a certain intensity of air traffic, additional 10-minute breaks after each hour of work.

Daily rest (break between shifts) determined by internal labor regulations or shift schedules, its duration depends on the duration of daily work and breaks for rest and food.

For some categories of workers who have a special nature of work (car drivers, crew of inland water transport vessels, etc.), with the summary recording of working time established for them, daily rest may be of shorter duration.

Weekends (weekly rest)- these are days off from work in the calendar week (Articles 110, 111 of the Labor Code of the Russian Federation). With a 5-day work week, employees are given 2, and with a 6-day work week - 1 day off. The duration of weekly uninterrupted rest must be at least 42 hours. The general day off is Sunday. The second day off in a 5-day working week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, for example due to the continuous nature of production or the need for continuous service to the population, 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 .

In accordance with the practice established on the basis of previously existing legislation and on the basis of organizations whose activities are related to serving the population (baths, hairdressers, theaters, etc.), they themselves determine which days of the week, instead of Saturday and Sunday, to provide employees with days off.

Annual non-working holidays. In accordance with non-working holidays in the Russian Federation are: 1. 2. 3. 4. and 5 January - New Year holidays; January 7 - Christmas; February 23 - Defender of the Fatherland Day; March 8 - International Women's Day; May 1 and 2 - Spring and Labor Day; May 9 - Victory Day; June 12 - Russia Day; November 4 - Day of National Unity (Part 1 as amended by the Federal Law of June 30, 2006).

The presence of non-working holidays in a calendar month is not grounds for reducing wages for employees receiving a salary (official salary). The rest of the employees (for example, with piecework wages) for non-working holidays on which they were not involved in work are paid additional remuneration, the amount and procedure for payment of which are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs. (Parts 3 and 4 as amended on June 30, 2006)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday. For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation has the right to postpone weekends to other days. Acts on such transfer must be published not later than expected, provided for in Part 5 as amended. dated June 30, 2006