Labor Code Russian Federation obliges the employer to ensure safety and working conditions that comply with state regulatory requirements for labor protection

1. Articles 209 and 212 of the Labor Code of the Russian Federation establish that one of the employer’s responsibilities is to carry out sanitary, household, sanitary, hygienic, preventive, rehabilitation and other measures in accordance with labor protection requirements. Currently, among the sanitary requirements for the working conditions of workers, the requirements for temperature conditions and humidity of production premises, which are established by SanPiN 2.2.4.548962 (hereinafter referred to as SanPiN), stand out.

High air temperature is one of the factors that affects decreased performance. From the text of SanPiN it follows that in summer time the air temperature in the room should not exceed 25°C, and its relative humidity should not be less than 40%. Such values ​​provide a feeling of thermal comfort during an 8-hour working day (shift), do not cause deviations in the health status of employees, and also create the prerequisites for high level their performance and are preferred in the workplace.
Since the employer needs to provide optimal microclimate conditions in production premises, they must be equipped with heating, ventilation and air conditioning systems. The absence of an air conditioner, fan or their faulty condition will lead to excessive temperatures in employee workplaces. In other words, non-compliance established requirements will lead to a violation of the law and pose a threat to the health of workers.
Office workers are included in category a. If the air temperature at the workplace is 30° C, then the duration of their working day cannot exceed 5 hours, 31° C – 3 hours, 32° C – 2 hours, and 32.5° C – 1 hour.

The basis for reducing working hours are microclimate indicators, which are determined in the manner prescribed by Section 7 of SanPiN. The employer needs to create a commission that will measure the temperature in the workplace. Based on the results of the examination, a protocol is drawn up. In it, the commission reflects the measurements obtained and assesses their compliance with regulatory requirements.

If the temperature exceeds the permissible values, the employer must reduce the working hours of employees in accordance with the requirements of SanPiN. To do this, he needs to issue an order (with reference to the protocol on measuring air temperature in workplaces).

Lawyer's comment:

SanPiN 2.2.4.54896 “Hygienic requirements for the microclimate of industrial premises” states that to protect workers from possible overheating or cooling, when the air temperature in the workplace is higher or lower than permissible values, the time spent at the workplace (continuously or in total for a working shift) should be limited.

The specified SanPiN, of course, relates to state regulatory requirements for labor protection and primarily addresses labor safety issues. It talks about limiting the time workers stay at work places when the maximum permissible temperatures on a working day (shift) are exceeded. However, the concept of “stay time” is not identical to the concept of “working time”.

This SanPiN establishes the obligation for the employer to modify the work and rest regime of work, as required by Article 212 of the Labor Code of the Russian Federation, so that the time spent at the workplace is unfavorable production factors complied with hygienic requirements. It seems that this duty can be fulfilled different ways(let workers go home earlier, introduce additional breaks, equip a rest room, move them to another workplace etc.).

If an employer fails to fulfill this duty, he simultaneously commits two offences:
– violation of sanitary rules, since workplaces do not comply with these rules in terms of temperature;
- violation labor legislation, namely labor safety standards, since employees work in unfavorable conditions.

This means that if the employer does not limit the time spent at the workplace at elevated temperatures and does not provide the employee with other work, then it turns out that the time spent at the workplace6 becomes equal to the duration of the daily work/shift7.

Therefore, in this case, indeed, for workers there are overtime, since they work at the initiative of the employer outside the working hours established for them.

Thus, employees can be advised to submit complaints to both the authorities Federal service for supervision in the field of consumer rights protection and human well-being (Rospotrebnadzor), and in labor inspections. The fine established by the Code of Administrative Offenses of the Russian Federation for legal entities for violations of sanitary rules is comparable to the costs of purchasing and installing air conditioners and fans.

*What is 1A?

Category 1A work is work performed with minimal energy expenditure, primarily sedentary. Category 1A includes work with an energy intensity of up to 120 kcal/h (up to 139 W), performed while sitting and accompanied by minor physical stress (a number of professions in precision instrumentation and mechanical engineering enterprises, watchmaking, clothing production, in the field of management, etc.). The harder and more energy-consuming the work, the lower the level of comfortable temperature.

Employees performing work of category 1A can remain at the workplace for as long as they wish if the temperature ranges from 20.5°C to 27.5°C. If the thermometer in the room is 28°C, stay at the workplace should be limited to 8 hours.

The time spent in workplaces at air temperatures above permissible values, according to federal sanitary rules, should be correspondingly reduced in order to protect workers from possible overheating or cooling.

Every new half a degree gives you the right to leave your workplace half an hour to an hour earlier.

Thus, at a temperature of 29°C, the time spent at work is 6 hours, at 31°C - 3 hours.

If the temperature in an office space rises to 33°C or higher, you do not have to go to work; working in such conditions is prohibited.

How to prove that you have the right to leave work early

Will I be paid for time missed due to heat?

Is it the employer's fault that the office is hot? Is it that the air conditioner doesn’t work/can’t cope with the load?
According to Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure working conditions at each workplace that meet labor safety requirements - first of all, that are safe for the health of employees. If such conditions are not created, then this can be seen as the employer’s fault.

But summer heat is not the only reason for downtime. Force majeure this season may be smoke due to forest fires. Extremely high temperatures coupled with heavy smoke have an extremely adverse impact on the health of working citizens.
In this case, the reason for the downtime does not depend on the employer and the employee; downtime must be paid in the amount of at least two thirds tariff rate(salary, official salary), calculated in proportion to the downtime.

During periods of extreme heat and/or heavy smoke, you can not register a downtime, but follow the recommendations of the Ministry of Social Health Development of the Russian Federation dated 08/06/2010 and take, taking into account weather service forecasts, short-term annual paid leave outside the schedule, in agreement with the employer.

When in summer period the temperature outside the office window and other premises exceeds the usual limits, everyone, willy-nilly, wonders how work in the heat is regulated according to the Labor Code. In this article we present the current indoor temperature standards for 2018 in the workplace, as well as what Rostrud says about the working day in the heat, based on the current legislation, as well as sanitary standards of SanPiN.

How an employer is obliged to take into account the temperature in the room

Many office and non-office employees know that there are temperature standards in office premises. Moreover, reducing work hours in hot weather depends entirely not only on the good role of the management of the enterprise/company, but also on the requirements of current legislation. In particular, at what temperature you can work indoors and at what temperature you cannot work indoors.

By law, employers need to be aware of working conditions in hot weather, as well as the conditions for shortening working hours in high temperatures.

The employer’s obligation to regulate the temperature in the workplace according to SanPiN directly follows from his other obligation - to provide his staff with normal, adequate working conditions at each workplace that meet labor protection requirements.

Immediately before reducing working hours at high air temperatures in hot weather, you must:

• ensure the appropriate permissible indoor temperature at the workplace (for example, by air conditioning an office, workshop);
• give employees the opportunity to take breaks from work;
• provide places for rest;
• ensure that clean work areas are always available drinking water and a first aid kit with medications.

What the law says about working in the heat

There is no direct law on shortening working hours in hot weather. And, oddly enough, the Labor Code does not directly regulate working hours in hot weather.

Read also The salary payment deadline for September 2016 has been postponed

Accordingly, the Labor Code also does not directly say anything about working outside in the heat.

At the same time, there are sanitary standards for indoor air temperature and shortening the working day in hot weather that are mandatory for all employers - this is SanPiN 2.2.4.3359-16 “Sanitary and epidemiological requirements for physical factors in the workplace” (approved by the resolution of the Chief State Sanitary Doctor RF dated June 21, 2016 No. 81).

According to the specified SanPiN, work in the heat must be reduced according to the time of the working day if the air temperature deviates from the norm. At the same time, we are talking specifically about the degree in the workroom, and not outside the window.

In a standard situation, if the room temperature is above 28 degrees, then we can talk about reducing the working day. After all, it turns out that the employer was unable to provide normal working conditions.

The general standards for working indoors in hot weather are as follows. If the temperature reaches:

• 28.5 degrees – it is recommended to reduce the working day by 1 hour;
• 29 degrees – for 2 hours;
• 30.5 degrees – for 4 hours.

Please note that a reduction in working time due to heat is also necessary when lower temperatures are reached (26.5 degrees - 27.5 degrees), when the work involves:

• with constant movement (walking);
• moderate and significant physical activity;
• carrying and moving heavy objects.

Publications, 11:30 06/26/2013

Summer in the office: rights and benefits of those who work hard

Context

According to meteorologists, the summer will be hot in the truest sense of the word. At the same time, air conditioners in workplaces in our “northern” country are still more often considered as a luxury than necessary remedy cooling.

How do the Labor Code (LC) of the Russian Federation and sanitary rules protect those who are forced to work literally by the sweat of their brow? And how can employees competently defend their rights without risking being fired from their jobs, for example, “for being quarrelsome”? Let's try to figure it out.

The hotter it is outside, the shorter the shift

If your office is not equipped with air conditioning, or this unit works so poorly that there is still a gas chamber in the office, then it is very useful for employees to know the contents of the document called “Hygienic requirements for the microclimate of industrial premises.” You can find it on the Internet by entering the details of SanPiN 2.2.4.548-96.

These sanitary rules divide all professions into five categories, depending on the intensity of physical effort. Most city residents work within category 1A. It's about about work with minimal energy consumption, mainly sedentary and associated with mental activity. According to SanPiN, under such working conditions, the room temperature should be no lower than 21 and no higher than 28 degrees Celsius. Anything that does not fit into these standards automatically leads to a reduction in the working day.

Thus, exceeding the permissible temperature level in the office for every half degree shortens the working day by an average of one hour. For example, if employees sweat at 28.5 degree desks, their shift may last a maximum of 7 hours. At a temperature of 29 degrees - no more than 6 hours, at 29.5 degrees - a maximum of 5.5 hours, at 30 degrees - up to 5 hours, etc.

If the thermometer in the room shows 32.5 degrees Celsius, then the rules allow you to work for no longer than one hour. Accordingly, at a higher temperature - 33 degrees and above, according to hygiene standards, it is prohibited to work in the office.

Photo by AFP

Self-defense and simple

What to do in practice if you suffer from stuffiness, and the management is in no hurry to send you home early? To begin with, security specialists labor rights It is advised to print out the table of standards “temperature - duration of the working day” from the mentioned sanitary rules and show it to your boss. It is possible that the boss is not aware of the existence of such standards, and therefore is in no hurry to comply with them.

If such a diplomatic move does not work, the Labor Code allows the employee to refuse to work in self-defense of labor rights. To do this, you need to write an application addressed to the employer with reference to Article 379 of the Labor Code of the Russian Federation, SanPiN 2.2.4.548-96, and also attach a certificate of witness testimony confirming the excess permissible temperature in room. Such a document is drawn up independently on a regular sheet of paper in any form and must contain the results of measuring temperatures in the room (2 - 3 times during the day) with the full name and signatures of fellow eyewitnesses.

Having handed over the papers to the manager, you can leave the stuffy office, taking into account the rules for shortening the working day depending on the air temperature in the room (see above).

Please keep in mind: according to the Labor Code, it is impossible to fulfill labor responsibilities due to improper working conditions is recognized as downtime and is subject to payment in the amount of 2/3 of average earnings (Article 157 Labor Code RF).

"Let's agree"

If you have a presentiment that the boss will take such actions too painfully (with unpleasant consequences for you), then you can try softer options for solving the problem.

1) Introduction of part-time work by mutual agreement of the parties - employees and employer - on the basis of Article 93 of the Labor Code of the Russian Federation. The difference between this scheme is that employees receive wages in proportion to the time they work. That is, if you leave home early due to unbearable stuffiness, you will receive less money. For the employer, this is not as cost-effective as paying for downtime. But the worker has the opportunity to save his body from overload in the heat.

2) Rescheduling the start and end times of the working day. Early in the morning is usually cooler, so if you agree to come to work, say, by 8 am, then the air will not be so hot, and you will be freed early in the evening. The changes will not affect your salary in any way.
At the same time, it is worth considering the following: strictly by law, such a “movement” is considered a change in essential working conditions and must be formalized by amending the employment contract. If you have quietly and peacefully resolved the issue by mutual agreement with your boss, then you can probably refrain from formalities. Moreover, the changes are temporary, for the hot period.

On the other hand, if one of the employees is not able to come to the workplace earlier than usual, being a pronounced “night owl,” then the employer does not have the right, on his own initiative, to move the “sleep” start of the working day. Since, let us remind you, this is legally recognized as a change employment contract, which requires the consent of both parties.

Photo by AFP

Things to remember

Many people complain that it is especially difficult to work at a computer in the heat: their heads feel wobbly, the letters float before their eyes. In addition to the described options that make work easier in stuffy conditions by going home earlier, it is also worth finding out whether the sanitary and hygienic standards of the equipment in your workplace are met. Rules for placing a computer, minimum distances to the monitor, between adjacent screens, etc. are described in SanPiN 2.2.2/2.4.1340-03.

In particular, according to clause 9.1, the distance between desktops (measured from the back of one computer to the screen of another) must be at least 2 m, and the distance between the side surfaces of the monitors must be at least 1.2 m. In this case, the computer screen must be located from the employee’s eyes at a distance of 600 - 700 mm, but not closer than 500 mm.

Anna Dobryukha

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Code for publication:

According to meteorologists, the summer will be hot in the truest sense of the word. At the same time, air conditioners in workplaces in our “northern” country are still more often considered as a luxury rather than a necessary means of cooling. How do the Labor Code (LC) of the Russian Federation and sanitary rules protect those who are forced to work literally by the sweat of their brow? And how can employees competently defend their rights without risking being fired from their jobs, for example, “for being quarrelsome”? Let's try to figure it out.

11:30 26.06.2013

How will it look like:

Greetings, dear friends! I don’t know about you, but here in Novosibirsk it’s a relatively cold period for November. It seems sunny and dry, but due to the humidity and northeast wind it is quite cold.

I think that you can try to reduce work at low temperatures. You will learn how to do this from this note.

The main thing here is to understand at what temperatures it becomes possible to shorten the working day.

Taking into account the requirements of the Labor Code, hygienic standards contained in sanitary rules and regulations (“R 2.2.2006-05. Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions” and “SanPiN 2.2.4.548-96 2.2.4 Physical factors of the production environment Hygienic requirements for the microclimate of production premises. Sanitary rules and standards”, establishing, among other things, optimal and permissible temperature indicators for workplaces), the head of the company may decide to shorten the working day or stop work at extremely low or high temperatures.

But the employees themselves may require this. According to Article 21 of the Labor Code of the Russian Federation, an employee has the right to a workplace that meets state regulatory requirements for labor protection and the conditions stipulated by the collective agreement. According to the law “On the sanitary and epidemiological welfare of the population,” working conditions, the workplace and the labor process should not have a harmful effect on humans. What if not the cold in the workplace can lead to hypothermia and illness?

Thus, the employer is obliged to control the microclimate at the enterprise, including the temperature in the workplace. Temperature measurements at workplaces are carried out using a thermometer or psychrometer at least 3 times per working day (shift).

After the measurements, it is necessary to draw up a protocol in which to justify and evaluate the measurements taken for compliance with the regulatory requirements of the Sanitary Rules. Only after carrying out all the necessary measurements, the employer can decide to reduce the working day of employees based on the norms of the Sanitary Rules and retain full-time work for the employees. wages taking into account that the ambient temperature does not correspond to permissible values.

If the work is related to the implementation labor activity outdoors, then Article 109 of the Labor Code of the Russian Federation provides for special breaks for heating at low temperatures. These breaks are included in the total work time.

And in judicial practice There were precedents when employees defended their right to a warm workplace.

In the Determination of the St. Petersburg City Court dated October 25, 2010 No. 14529 state enterprise an order was issued to eliminate violations, including non-compliance temperature regime in enterprise premises and workplaces.

And in the Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated December 11, 2008 No. A82-653/2008-9, the court indicated that the employer did not provide safe conditions labor to his employee, which led to an accident at work while the employee was insulating windows due to unsatisfactory maintenance of the building, expressed in the lack of insulation of window frames for work in the autumn-winter period, as a result of which the air temperature in the workplace was below normal.

For reference:

At what office temperatures is a shortened working day possible?

Working conditions are regulated sanitary rules and SanPiN standards 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises.”

According to the document, those who work indoors are divided into five categories:

• sedentary work. This includes managers, office workers, garment and watch production workers. For them, the most comfortable room temperature is +22°C - +24°C.
• if you spend the whole day on your feet. For example, these are controllers, sales consultants. They must operate at +21°C - +23°C.
• The work involves some physical stress. For example, tour guides, employees of cleaning shops at machine-building enterprises. Optimal temperature for them - +19°С -+21°С.
• work involving walking and carrying weights up to ten kilograms. These are mostly factory workers - mechanics, welders. For them, the room temperature should be +17°C - +19°C.
• involves heavy physical labor, for example, in foundries and forges. This category also includes loaders who carry furniture and equipment heavier than ten kilograms. For them the temperature is slightly lower - + 16°С -+ 18°С.

When the temperature in the workplace drops 1 degree below normal, working hours are reduced by 1 hour.

Thus, at a temperature of +19°C the working day office worker will be 7 hours, +18 °C - 6 hours and so on. At a temperature of +12°C and below, work stops and, according to Article 157 of the Labor Code of the Russian Federation, working time in this case is paid by the employer in the amount of at least two-thirds of the tariff rate.

However, I would like to note that SanPiN 2.2.4.548-96 does not have the status of normative legal acts, and therefore the requirements established by these acts cannot be considered as mandatory, and are only advisory in nature.

If the workplace is located in unheated premises or the work is carried out outdoors, you can be guided by “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in open areas or in unheated premises,” as well as regulatory documents at the regional and/or municipal level.

1. Article 21 of the Labor Code of the Russian Federation - an employee has the right to a workplace that meets state regulatory requirements for labor protection and the conditions stipulated by the collective agreement.

2. At the same time, Article 212 of the Labor Code of the Russian Federation obliges the employer, among other things, to ensure working conditions in each workplace that comply with labor protection requirements; organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees.

3. Based on Article 219 of the Labor Code of the Russian Federation, every employee has the right, including to a workplace that meets labor protection requirements.

4. At the federal level, requirements for working conditions are regulated Federal law dated March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” (hereinafter referred to as Law No. 52-FZ).

4.1. In particular, paragraph 1 of Art. 25 says that working conditions, the workplace and the work process should not have a harmful effect on humans. Requirements for ensuring safe working conditions for humans are established by sanitary rules and other regulations. legal acts Russian Federation.

4.2. According to paragraph 2 of Art. 25 of Law No. 52-FZ individual entrepreneurs And legal entities are required to carry out sanitary and anti-epidemic (preventive) measures to ensure safe working conditions for humans and to comply with the requirements of sanitary rules and other regulatory legal acts of the Russian Federation to production processes and technological equipment, organization of workplaces, collective and individual means protection of workers, work, rest and consumer services for workers in order to prevent injuries, occupational diseases, infectious diseases and diseases (poisonings) associated with working conditions.

5. In accordance with clause 4.2 of SanPiN 2.2.4.548-96. "2.2.4. Physical factors of the production environment. Hygienic requirements for the microclimate of industrial premises. Sanitary rules and regulations" microclimate indicators must ensure the preservation of the heat balance of a person with environment and maintaining the optimal or acceptable thermal state of the body.

5.1. Based on clause 4.3 of SanPiN 2.2.4.548-96, indicators characterizing the microclimate in production premises include, among other things, air temperature and air speed.

6. “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in open areas or in unheated rooms,” as well as regulations regional and/or municipal level.

That's all I have. Until new notes!

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