At what positive temperature the working day is shortened. At what air temperature. What actions are required from the employer in hot weather

A period of 30-degree heat has come in the Altai Territory. Such high temperatures can be a real test for many. When the thermometers show more than 30 degrees, it becomes more and more difficult to work. Read about when employees can count on a reduced working day in our regular Q&A column.

What should be the temperature in the office?

Despite the vagaries of the weather, the employer must ensure comfortable working conditions. They are fixed by SanPiN 2.2.4.548-96, which determines the optimal and permissible temperature for employees working in industrial premises.

Optimal indicators for working in the office in the summer:
Air temperature - 23–25 degrees (at the same time, work is permissible at temperatures up to 28 degrees).
The surface temperature is 22–26 degrees.
Relative air humidity - 60–40%.

What are the obligations of the employer?

In offices according to hygiene requirements, to the microclimate, air conditioning in the workplace should be provided. In addition, in extreme heat, employees are supposed to give additional breaks from work, as well as extend the lunch break.

Also, some employers practice in the summer to make changes to the regime and work schedule. For example, the working day does not start at nine in the morning, but at eight.
If a entity ignores the standards for the microclimate of the premises where employees work, the company faces a fine of 10-20 thousand rubles or suspension of activities for up to 90 days.

What can employees expect in the heat?

Office employees can count on a reduction in the working day if the thermometers show more than +28 degrees.
At +28.5 degrees - the working day is no more than 7 hours.
At +29 degrees - a working day up to 6 hours.
At +30 degrees - a working day of 4-5 hours.
At +31 degrees - a working day of 2-3 hours.
At +32 degrees - a working day of 1-2 hours.
At the same time, if the temperature in the room exceeds 33 degrees, according to the law, you can not start work at all. Employers may encourage employees to work from home.

Why is heat dangerous for health?

As doctor Igor Chervyakov explained, excessive temperature threatens to overheat. The heat accumulated in the body adversely affects, first of all, the central nervous system. Thermal oxygen starvation of the brain develops, which manifests itself in an increase in body temperature, sometimes significant, headaches, lethargy, pressure surges, nausea and vomiting.

The second danger is associated with thickening of the blood and an increased risk of blood clots. In the heat, the blood actively circulates directly under the skin, giving off heat to external environment and thus cooling the body. When the air temperature rises above 38°C, the activation of blood flow under the skin no longer helps. Then the human body turns on the mechanism of centralization of blood flow - reducing the blood supply to peripheral vessels. This greatly increases the load on the cardiovascular system and leads to the development of diseases. Periods of prolonged heat are especially dangerous.

In addition, thickening of the blood occurs in conditions of increased sweating and insufficient replenishment of fluid lost by the body. This process can also occur at less extreme temperatures. Extreme cases of overheating (thermal coma) require resuscitation.

How relevant is the reduction of the working day at the enterprise, in the office, at high air temperatures? In accordance with the regulations of Article 25 of the Federal Law No. 52 of the Federal Law, adopted as of March 30, 1999, the stipulated working conditions in the organization, prepared workplace and, in fact, the very process of carrying out certain activities, names of work, should not have a negative impact on the health of a person working at a given facility. The rules, requirements of sanitary and epidemiological standards, which are provided, both in the industry and directly within the framework of a particular enterprise, must also be taken into account when the temperature is above normal. Provided in this case and safety of the production itself, appropriate working conditions for each workplace. Such places should in due course meet all labor requirements, which is also established within the framework of the accepted Labor Code, namely, articles 22, 163, 212, which are fundamental for any employer if the temperature is above normal.

In turn, certain requirements, on the basis of which the working day is reduced in the summer at any production site, are also regulated by the relevant SanPin rules under the number 2.2.4.548-96, which refer to additional regulatory documents. In particular, on the basis of this document, it is precisely possible to determine at what temperature of the air, noted in the room, production activity should be severely limited so as not to force some sort of health problem on potential workers. In other words, if the temperature is too high due to the heat, the efficiency of employees decreases, therefore, the time spent at the workplace must be reduced to a minimum, which must be paid attention to.

Temperature indicators and possible operation in such conditions

How long should the high temperature regime last in the office, what should be the air index in the workplace, so that we can say that the reduction of working hours will become relevant. If we are talking about what should be the temperature in the office in hot weather, then the optimal value should be 23-25 degrees, the corresponding humidity value is set as 40-60%. This is due to the fact that the employee spends the time of work in a relatively minor body tension, therefore, overheating in this case simply does not threaten him. In the event that the air temperature at the workplace is already 28.5 degrees, the corresponding work time will be reduced to seven hours, which will indicate the saving of specialists' resources for other work.

Important! Subsequent reductions must be carried out at an air temperature that rises even slightly.

In this case, it is necessary to rely solely on the provisions established in the framework of Table 2, the corresponding Appendix number 3, to the previously considered provisions of SanPin. When the temperature indicator reaches 32.5 degrees in the room, the subsequent stay of a specialist at his workplace is completely unacceptable. Therefore, when a situation arises that the temperature is elevated, the employer can use two methods to solve the problem:

Reduce the length of the working day, thereby saving working office specialists from health problems during the summer period during the day;
Try to install the required number of air conditioners in the room, supply it with everything necessary equipment for cooling, with special devices that further reduce the temperature to a level below 30 degrees. Thanks to this, the employee will be able to work indoors for a long period of time and not experience any discomfort.

Special attention should be paid to the situation when the employer, for a number of reasons, cannot independently and within the established time limits ensure compliance with proper working conditions in the office space. In this case, forcing yourself to reduce working time, the employer must necessarily pay the employee at the average wage, which is considered compensation for the forfeit. This is necessarily regulated at the legal level, for which it is worth analyzing the relevant article 157 of the Labor Code. It is worth highlighting one more actual situation that may take place in this case. For example, when the temperature is above 32.5 degrees at work, the employee does not go to work (but only for this reason). The employer who gives him absenteeism does it in violation of the current legislation, therefore, even if the employee is laid off, you can try to recover, within the framework of the law, this is a completely natural action.

At the end of the analysis of the problem, it should be noted that the employer should not lose sight of such a service situation, when an elevated temperature is noted at work. The bottom line is that if the temperature does not decrease (in the same way as the installation of climate systems and other equipment), the employer can simply be fined, thereby stimulating the subsequent fulfillment of the duties assigned to him under the current legislation. It is worth noting that in this situation, in view of the lack of compliance with the requirements, there are two separate offenses at once, which must be taken into account. In the first case, Article 6.3 is violated. the current code of the Code of Administrative Offenses, which is due to the fact that workplaces are not equipped in accordance with the rules for temperature indicators. In the second case, there is a violation of the accepted labor law, relevant norms on labor protection, taking into account that workers actually stay in unfavorable conditions for themselves. This is regulated by the provisions of Article 5.27 of the adopted Code of Administrative Offenses.

One of the main tasks of the employer can be considered the provision of a favorable microclimate in the workplace.

However, many employers do not comply temperature requirements thus violating the law.

What should be the temperature in the room according to the Labor Code of the Russian Federation?

Article navigation

Is the employer obligated to monitor the temperature in the room?

Article 212 can answer this question, according to which the employer will be held administratively liable for sanitary work not carried out on time.

The list of these measures also includes compliance with the temperature regime established by the Sanitary Norms and Rules (SanPiN), since too low or vice versa high temperature can lead to a decrease in the energy level and, as a result, its performance.

Accordingly, if the employer evades this obligation, he violates the law and must be punished.

We can say that the employer is obliged to monitor the temperature during the entire working period.

Temperature regimes at different times of the year

The room temperature in summer time according to the Labor Code should not be higher than:

28 degrees Celsius for 8 hours of operation.
30 degrees Celsius for 5 hours of operation.
31 degrees Celsius for 3 hours of operation.
32 degrees Celsius for 2 hours of operation.
32.5 degrees Celsius for 1 hour of operation.

Working at temperatures above 32.5 degrees is considered dangerous. The employer has some way to avoid the heat, namely: to install special equipment (air conditioners, fans) in the work premises or to reduce the number of working hours by special order.

The temperature in the room in winter, according to the Labor Code, should not fall below 20 degrees Celsius. If it does not meet the standards, the employer must install a heater in the workroom or reduce the number of working hours. The Labor Code establishes the following temporary standards at low temperatures:

no more than 7 hours of operation at 19 degrees Celsius.
no more than 6 hours of operation at 18 degrees Celsius.
no more than 5 hours of operation at 17 degrees Celsius.
no more than 4 hours of operation at 16 degrees Celsius.
no more than 3 hours of operation at 15 degrees Celsius.
no more than 2 hours of operation at 14 degrees Celsius.
no more than 1 hour of operation at 13 degrees Celsius.

Labor regulations have established that working at temperatures below 13 degrees Celsius is dangerous.

Summarizing the above data, we can say that the temperature in the room in the summer should not exceed 28 degrees Celsius, and in winter period should not fall below 20 degrees Celsius.

What should an employee do if the employer does not comply with the temperature regime?

Salaried workers often face negligent attitude of the employer. What to do in this case? There are several options:

ask the employer to normalize the temperature with the help of equipment (air conditioning, heater)
demand a reduction in hours of work in accordance with the regulations
file a complaint with the CPS
ask for help from the labor inspectorate

With the last two options, a special check will be conducted at the place of work, during which it will be established whether an offense has been committed.

As a result, we can say that the employee has several legitimate methods of influencing.

What punishment threatens the employer for non-compliance with the temperature regime?

In accordance with the Code of Administrative offenses, an employer who violates sanitary standards will be fined up to 20 thousand rubles, or his activity will be suspended for a certain period.

It should be noted that only a special service, SES, can detect violations of the temperature regime. As a result, any legal entity that violates the Labor Code of the Russian Federation will be subject to punishment.

Based on all of the above, we can conclude that the employer must control the correct temperature for 8 hours of work: no higher than 28 degrees Celsius in summer, no lower than 20 degrees Celsius in winter.

What do experts think about new edition Labor Code - on video:

Ask your question in the form below

Shortened working hours in the heat - law and regulation

The questions of how the working day changes in the heat according to the law are extremely relevant for many employers, as well as employees and personnel specialists. This is one of the mechanisms for labor protection and ensuring safe working conditions for employees. But before considering the direct application of the requirements of the law, you should pay attention to the provisions of the following regulations and documents:

Article 212 of the Labor Code of the Russian Federation. This article establishes a wide general list of obligations of each employer, according to which he must exercise the right of employees to safe conditions labor.
Article 216 of the Labor Code of the Russian Federation. The said article governs the participation government agencies in matters of determining labor protection standards and settling possible labor disputes, as well as conducting supervisory and control activities.
Article 379 of the Labor Code of the Russian Federation. This article regulates the right of an employee to independently protect his interests within the framework of labor relations, including the right to refuse work that threatens his life or health.
SanPiN 2.2.548-96. These rules and regulations establish specific requirements for, including optimal temperature indicators, the excess of which obliges the employer to provide a shortened working day in hot weather.
Federal Law No. 52 dated 30.03.1999. The law in question defines general principles state control and regulation of sanitary and epidemiological safety of the population, including within the framework of working relationships.

Directly, the Labor Code of the Russian Federation does not contain specific temperature indicators at which a shortened working day is accepted in case of heat. To determine them, please refer to sanitary rules and the standards mentioned above.

Shortened working day due to heat - how many hours you need to work less

SanPiN standards establish separate requirements for certain premises and activities. In general, for office workers, the optimum air temperature during work in the summer is 23-25 degrees. If its values \u200b\u200bare exceeded by 5 degrees or more, the working day should be reduced for employees as follows:

These standards are set for employees whose work does not involve physical exertion and is sedentary. For activities where employees experience high energy costs, temperatures can be shifted downward by 1-2 degrees, depending on specific labor indicators.

How is the reduced working day due to the heat according to the law

The employer is obliged to ensure the reduction of the working day during the heat according to the law, regardless of the desire of the employees. However, before reducing labor time, it is necessary to have grounds for such a reduction. This basis can be special assessment working conditions, the visit of labor inspectors at the request of employees, or actual temperature measurements by independent experts or the employees themselves, provided they use appropriately certified equipment and draw up air temperature measurement reports.

Air temperature is measured selectively. Even a one-time existence of the fact of exceeding the permissible temperature indicators during the day is enough to demand its reduction.

The reduction of the working day can be formalized in various ways. At the same time, the remuneration of employees should not be reduced, with the exception of permitted legal mechanisms. The most optimal for the employer and employees will be fixing downtime. AT this case an employer can simultaneously send employees away from work to prevent violations of the law, and reduce their labor costs. Downtime due to heat can be divided into:

A reduction in the working day is issued due to the heat by order of the employer. However, the employees themselves can initiate the audit or conduct it themselves. At the same time, if the employee refuses to fulfill his labor duties, he cannot be brought to justice and deprived of wages– if, in the event of a labor dispute, he can confirm his case.

Constant elevated temperatures in the workplace can be an integral part of the work process, for example - in metallurgical plants. In this case, work in these conditions should be specified initially in employment contract with an employee, and be compensated properly with the performance of all statutory worker guarantees.

Summer time is always a difficult time to work. Often there are situations when the room temperature exceeds allowable limit, turning work into the hardest torture (and even breaks in the middle of the day do not save much). For employees, the question becomes relevant whether there are any legislative regulations on temperature standards during working hours in the heat.

To resolve this issue, please contact article 212 of the Labor Code of the Russian Federation . In one of the provisions, it prescribes the obligation of the employer to provide comfortable working conditions for each of the employees. On the basis of this legal provision, a directive was developed with regard to working hours in the heat SanPiN 2.2.4.548-96 .

Reduced working hours due to heat

According to the established norms for office workers, the maximum allowable temperature indoors in summer should be 28 degrees. The more the actual indication exceeds this norm, the less employees should work.

Order to reduce working hours due to heat

The order to change working hours due to the heat is an integral document, on the basis of which the schedule is redrawn. This act is drawn up by the employer indicating the reason for the innovations. Experts, however, differ on how to state the grounds for changes.

A reduction in working hours due to heat can be documented as downtime or through the fault of the employer, or due to objective circumstances beyond the control of the parties. The first case is relevant in situations where the organization does not provide adequate conditions for working on the premises. However, on the other hand, it is not always possible to provide for an increased temperature regime. As a result, the decision on the reason for such downtime remains with the employer. In both cases, by article 157 of the Labor Code of the Russian Federation the company is obliged to pay two-thirds of the salary.

It is allowed to issue an order indicating the objective circumstances and the corresponding remuneration. In this case, its size decreases in proportion to the reduction of working time.

How to reduce working hours in the heat - drawing up an order

An order to reduce working hours due to heat is drawn up according to the basic rules for paperwork. That is, it is similar to those regulations that relate to the issues of reducing the time of work due to heat.

The main provisions of this document should include:

establishment of a new time, indicating breaks for lunch and rest;
an instruction on the need for all heads of departments to familiarize their subordinates with this order;
allowing employees to take unpaid leave;
appointment of responsible persons who should monitor the implementation of the instructions.

Signed this document both the manager and the appointed responsible person. It may include additional instructions at the initiative of the employer. For example, the validity of this decree, or the provision of means of protection from heat.