Most Russian enterprises have a standardized working day, the duration of which is 9 hours, taking into account the lunch break. Lunch break is a legal norm enshrined in the Labor Code of the Russian Federation. Without such a break, it is quite difficult to work the 8 hours of a working day in a row. Its absence, moreover, contradicts not only the law, but also the elementary physiological needs of the human body.
What the legislation says
The right of employees to several types of breaks intended for rest and eating, heating or feeding a child is provided for by the Labor Code of the Russian Federation. But if the rest of the breaks are provided only to certain categories of workers, the employer must provide a break for rest and meals, according to Article 108, without fail. The time of this break must be stipulated in the employment contract, which is signed by both the employer and the employee, or be fixed by the internal regulations officially established at the enterprise or by a collective agreement.
According to the law, the duration of the lunch break, the time of which the employee is free to dispose of at his own discretion, should not be less than 30 minutes and should not exceed 2 hours. This time is not considered a worker and is not paid by the employer. However, in cases where, according to the terms of production, such a break cannot be provided to you, it is the employer's duty to provide you with the opportunity to rest and eat, but this time will already be considered a worker and you must be paid for it.
If your right to lunch break is violated
In the event that the short-sightedness or legal ignorance of the company's management becomes the reason for the failure to provide the lunch breaks due to employees, it is necessary to defend your rights. The trade union or other representative body of workers should protect them at the enterprise. If there is no such collective body, you can write a complaint to the labor inspectorate or even to the prosecutor's office with a request to inspect the enterprise for compliance with labor laws.
For such violations, the law provides for liability both for the enterprise and for its management. And the check itself always destabilizes the work of the organization and makes its managers worry once again. If during the inspection serious violations are revealed, the manager may even face criminal liability.
During the break time established by the work schedule, you have every right to just get up and leave the workplace. When management gives an order to stay in their places or simply forbids leaving them, demand that this be done in writing and executed by order. Not a single employer will agree to such confirmation of a violation of the law. In this case, you can stipulate that such a prohibition, if it is due to production necessity, is a temporary measure, and the time set for lunch break is considered a worker and is paid accordingly.
