Well, I got to a very interesting topic! It will be especially relevant for Muscovites, who every summer suffer from the heat in summer periods. Today, I propose to talk about how the law considers the possibility of reducing working hours at high air temperatures.
Why this particular topic, although it will soon be winter in the yard, you ask, but everything is simple, prepare a sleigh in the summer. It is worth preparing in advance for a pleasant period and getting additional hours of “freedom” from job duties especially when it's unbearably hot outside.
So let's talk seriously. Let's turn to sanitary standards and regulations labor law to find out exactly whether it is possible to shorten the working day in the heat or not. Will it be considered a legal violation on the part of the employer if such an action is not performed.
You definitely need to start with the mode of operation in difficult temperature conditions, defined by the labor code. This will answer the question of whether the refusal to reduce the working day in the heat is legitimate on the part of the authorities or not.
In Russia, there are several important provisions that clearly regulate the procedure for employment at high / low temperatures.
If the actual temperature exceeds the established limits, then the employee is entitled to an additional payment or a reduction in the working day. All these issues are regulated by several articles of the Labor Code of the Russian Federation at once, namely:
In addition to labor standards, certain temperature conditions are established by SanPin 2.2.548-96, which lists all hygienic requirements for workspaces.
By current rules, a mark that deviates from the norm in any direction by more than 5 degrees is critical. The exception is jobs and positions, where their indicators are provided.
What differences apply for different groups of rooms
There are no restrictions for the workers themselves. That is, age, gender, other indicators do not play a role in this case, but there is a restriction on the type of premises where a particular specialist performs his duties.
The classification looks like this:
- Category 1st (includes groups "A" and "B"). In the first case, it refers to the premises where employees perform their duties, only sitting and physical activity is small. Energy consumption is up to 139 watts. Permissible temperature 21-28 degrees Celsius. In the second, we are talking about rooms where energy consumption is higher (up to 179 W), and the permissible temperature indicators are up to 24 degrees.
- Category 2 (consists of groups "A" and "B"). Group "A" - premises where work is carried out with increased energy consumption (up to 290 W) and physical loads (up to 10 kg). Permissible temperature - 18-27 degrees. Group "B" - similar loads, but the allowable temperature is 16-27 degrees Celsius.
- Category 3rd. Energy consumption - from 290 W, physical load - unlimited. Allowed temperatures - 15-26 degrees.
Rostrud obliged employers to monitor compliance with these indicators, but in addition to leadership, trade unions, the municipality and the sanitary and epidemiological station are endowed with similar functions.
Details and details on the topic can be found in the video:
What actions are required from the employer in hot weather
Before announcing a reduction in working hours to employees, the employer should try to reduce the temperature by installing air conditioning or using fans.
If all these actions fail, reduce working time he has every right to. Before issuing a reduction, you will need to take temperature measurements and draw up an appropriate act.
To do this, the manager will need to issue an order to revise the labor regime due to temperature deviations from the established norm. All these actions require coordination with the trade union. The working period can be reduced by one hour if the deviations are small. The law also provides for a longer period, with more serious changes.
Responsibility of the employer for violation of the rules
Often, management ignores issues related to temperature standards. In this case, the employee has the right to file a formal complaint with the controlling organization. Within ten days, special measurements are made, and the fact of violation is established. After that, the employer is brought to administrative responsibility.
The fine can range from 5 to 20 thousand rubles, taking into account the circumstances of the case. At gross violation the operation of the enterprise may be suspended for up to three months.
Instead of total
High temperatures in the workplace can be a serious hindrance to the performance of an employee's duties. In this regard, the employer is obliged to provide appropriate working conditions, and if this is not possible, to shorten the working day.
What is the best way to organize a working regime in the heat so that it is convenient for both employees and the employer?
Summer has come, which means that hot days are quite possible. We work in municipal institution located in a fairly old building. The working premises are not equipped with good ventilation and air conditioning. We work with computers and other office equipment.
On hot days, the temperature in the room rises very much. Additionally, the air is warmed up from the working equipment. We offered our leader to reduce the working day by at least an hour during the heat wave, but he did not agree. He explained that no law established his obligation to reduce working hours in the heat. And he needs to carry out the work plan.
What is the best way to organize a working regime in the heat so that employees can work comfortably?
The mode of work in the heat must change and, first of all, this should be done in the interests of workers. Article 212 of the Labor Code of the Russian Federation imposes the obligation to ensure normal conditions and labor protection on the employer. Working in rooms with high temperatures can adversely affect not only the results labor activity but also on the health of workers.
Here is what Rostrud of Russia says:
The employer is obliged to provide its employees with normal working conditions at each workplace that meet the requirements of labor protection. Including, in hot weather it is necessary to ensure an appropriate temperature regime, for example, through air conditioning, as well as to give employees the opportunity to take breaks from work, provide places for rest, ensure that clean drinking water and a first-aid kit with medicines are always available in the working premises.
Mode of work in the heat on the example of office workers
First, you need to know that the time spent at the workplace at an air temperature above the permissible values is limited. Depending on the work performed and the time of stay will be different.
Maximum allowable temperature regimes at workplaces are established in SanPiN 2.2.4.548-96 "Hygienic requirements for the microclimate of industrial premises", in SanPiN 2.2.4.3359-16 "Sanitary and epidemiological requirements for physical factors at workplaces". The figure below shows a table that displays the maximum time spent at work at a certain temperature. I repeat that the data are given for office workers.
As you can see, the normal mode of working hours can continue until the temperature in the air rises to 28 degrees Celsius. A further increase in temperature leads to a gradual reduction in the length of working time. After reaching the air temperature of 33 degrees Celsius, the work process for office workers should be suspended.
Choosing a hot mode
We see the two most acceptable options for working in the heat. Let's consider them, although there are others. For example, employees can be invited to go to. Or the employee may agree to work in a room with an elevated temperature. In this case, the employer will need to pay him extra for work during harmful conditions. But why would an employee make such a mockery of his own health?
First option This is the introduction of reduced working hours. But at the same time, it must be borne in mind that remuneration for unworked hours should be made as for downtime due to the fault of the employer (part 1 of article 157 of the Labor Code of the Russian Federation). Since the employer did not create normal working conditions, the employees are not to blame. It is wrong to pay them for the actual hours worked. But paying at least two-thirds of wages for the hours that employees actually did not work seems more fair.
Second option - this is the transfer of working hours to the morning or evening hours. Accordingly, workers must work during the period when there is no heat outside and the temperature in the premises is normal. This option is inconvenient because you have to change habitual way life. Plus, it is not always acceptable because of the need to interact with third-party institutions and organizations.
If you settled on this option, then you should not forget about the specifics of wages, if it falls on the night period. Article 153 of the Labor Code of the Russian Federation establishes that each hour of work at night is paid at an increased rate compared to work under normal conditions. Night time starts from 22:00 and lasts until 06:00.
Summarizing
The mode of work in the heat must be regulated and this must be done both in the interests of employees and in the interests of the employer. Yes, it is in the interests of the employer. After all, if the fact is established that employees work in conditions that deviate from normal, and at the same time their work is not compensated in any way, then negative consequences may occur for the employer.
During the hot summer season, it is hard to work full time if there are no appropriate production conditions for controlling the room temperature. At the legislative level, it is established that citizens have the right to expect a reduction labor day and mode change under certain temperature conditions.
Legal regulation
Legislative acts oblige the employer to provide employees with normal conditions for all places, in accordance with labor protection regulations. This is confirmed by the following documents:
| Provisions regarding the creation of an industrial microclimate |
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| Labor Code (Law of December 30, 2001 No. 197-FZ) section X, articles 157 09, 212 | The law introduces the concept of safety of working conditions, when the effect of harmful factors at work is within the limits of established standards. The administration (employer) of the company is obliged to create a comfortable environment at work and pay for downtime that happened through no fault of the staff. |
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| "SanPiN 2.2.4.548-96. 2.2.4. Physical factors of the production environment. Hygiene requirements to the microclimate of industrial premises. Sanitary rules and norms» | The rules establish requirements for the parameters of the microclimate at the workplaces of employees, taking into account the characteristics of work, seasonal periods of the year, and methods for measuring and controlling microclimatic conditions. The characteristics of the microclimate, which ensure the creation of an optimal (permissible) state of the body, include the temperature of the air and surfaces of the premises, and the humidity of the air. The document establishes that in order to protect workers from overheating, the length of the working day in the heat should be reduced at temperatures above the permissible values. |
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| federal Service informs about the need to take preventive measures for overheating in the case of a heating microclimate of premises in hot weather and reminds that employees have the right to expect a reduction in the working day due to the heat. |
Working hours in the heat
Comfortable despite the heat working conditions the enterprise must be provided. SanPiN 2.2.4.548-96 noted above defines the optimal temperature conditions, their maximum allowable limit on the intensity of energy consumption of employees:
- 28 °C - for office workers;
- 27 °C - for those working on production work with intense physical activity.
The reduction of the working day occurs with the following parameters:
Actions of the employer in case of high air temperature
According to sanitary requirements, industrial premises with the impossibility of establishing standard parameters are considered harmful and dangerous. To prevent the negative effect of the microclimate, the administration of the enterprise is obliged to carry out protective measures in the heat:
- Install air conditioning systems.
- Provide employees with protective clothing.
- Equip recreational facilities.
- Have a first aid kit.
- Check the temperature on site.
- Based on the results of measurements, change the work schedule (establishment of additional breaks, extension lunch break, changing the schedule with a shift in the start of work).
- If the temperature deviates more than five degrees from the norm, work stops.
- To make an additional payment when reducing the working day for this reason.
How is temperature measurement done?
The employer must measure the temperature in the field three times (set minimum) during the day. The results of thermometer measurements are reflected in a protocol containing general information about the production facility, technological equipment, sanitary and technical support, placement of measurement sites. The summarizing part of the protocol evaluates the results of measurements for compliance with the established critical levels.
Order to reduce the working day in the heat
The manager, when deciding to reduce the duration of work due to the heat, must develop an order, as the work schedule, and familiarize everyone with its contents under the signature. When drawing up a document, it is necessary to include the following provisions:
- justification for the reduction - unfavorable temperature conditions;
- reference to legislation (TK and SanPiN, noted above in the text);
- the results of temperature measurements and their deviations from the norm;
- changed start (completion) time of work;
- established wage for this time.
Working in hot weather is hard. However, not all employers are aware of this. Meanwhile, there is even a special SanPiN that regulates sanitary standards when working in hot weather. It was about him that Rostrud traditionally reminded employers, and also that if you refuse to shorten the working day in the heat, you can earn a fine.
What happened?
Rostrud published its traditional summer information message for employers, in which it recalled that they are obliged to create normal working conditions for workers in the heat. Officials, in particular, obliged the management of companies and individual entrepreneurs to recall the requirements of SanPiN 2.2.4.548-96. 2.2.4 “Physical factors of the working environment. Hygienic requirements for the microclimate of industrial premises. Sanitary Rules and Norms”, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of 01.10.1996 N 21. These norms not only determine the maximum possible length of the working day in hot weather, but also the conditions that the employer is obliged to create at the workplace.
How long can you work in the heat
According to SanPiN, as Rostrud recalled, if the temperature in the working room approached 28.5 degrees, it is recommended to reduce the working day by one hour. When the temperature rises to 29 degrees - for two hours, at a temperature of 30.5 degrees - for four hours. In more detail, the dependence of the duration of working time on the temperature regime can be seen in the table.
How does temperature affect run time?
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Employee workload level (upper limit in the warm season) |
Permissible temperature, °С |
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Working day in hours |
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At the same time, if the employer does not comply with the requirements of sanitary standards, the employee has every right to remind the management about them and demand to be released from work early. If the authorities object, it is not worth leaving without permission, as they may be considered absenteeism, but it will not be superfluous to write a memo or a statement. But shortening the length of the working day in hot weather does not exhaust all the responsibilities of employers.
Air conditioning in every office!
Rostrud recalled that the duties of the company's management also include:
- provision of air conditioning at workplaces;
- freely available software drinking water and first aid kits;
- giving employees the opportunity to take breaks from work;
- organization of places for rest in a cool place;
- granting, if necessary, short-term paid holidays in especially hot weather.
The message of the service, in particular, says:
It is desirable to provide a comfortable temperature regime, air conditioning. Working in a stuffy office or workplace can exacerbate chronic diseases. The employer is obliged to provide safe conditions labor of employees, otherwise he may be held liable.
Payment for forced holidays due to heat can be made in accordance with part 2 Article 157 of the Labor Code of the Russian Federation as downtime due to reasons beyond the control of the employer and employee, in the amount of at least two-thirds average salary. All measures taken to protect workers must be reflected in additional agreements to employment contracts.
Liability for violation of labor rights
If the employer ignores the appeal of Rostrud and the requests of his employees and does not ensure compliance with sanitary standards when working in the heat, he may be held administratively liable for Article 6.3 of the Code of Administrative Offenses of the Russian Federation. Penalty for violation of legislation in the field of ensuring the sanitary and epidemiological welfare of the population, expressed in ignoring the existing sanitary regulations and hygienic standards, failure to comply with sanitary and hygienic and anti-epidemic measures, is:
- for officials and individual entrepreneurs - from 500 rubles to 1000 rubles;
- for organizations - from 10,000 rubles to 20,000 rubles.
In addition, the activities of the organization may be suspended for up to 90 days.
Directly about the observance of the optimal room temperature, at which normal working activity, in Labor Code RF didn't say anything. However, it is said that it is the responsibility of every employer to provide decent, comfortable working conditions for their employees .
This applies not only production factors(compliance with labor protection rules), but also ensuring normal temperature in working areas and an acceptable level of humidity.
If the employer does not want to comply with the duties assigned to him in ensuring normal working conditions, then the employee has the right to write a letter of refusal to work, or write, since the work is carried out in dangerous or harmful conditions for his health.
What does the Labor Code say?
Requirements for premises according to sanitary and hygienic standards
Specific norms for the temperature of working premises of various types are set out in Sanitary regulations and norms SanPiN 2.2.4.548-96 "Hygienic requirements for the microclimate of industrial premises", approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation No. 21 of October 1, 1996. The same document also establishes the hazard classes of premises, in accordance with which employees should receive additional payments for harmfulness.
The maximum working time when working in rooms with high air temperature depends not only on the average temperature, but also on the category of work that employees perform (they differ in the intensity of energy consumption).
| Group name | Description of work performed | Work examples |
| 1a | Energy consumption during operation up to 120 kcal / h (up to 139 W). Sedentary work with little physical stress | Office work in the field of management, sewing and watch workshops, enterprises of precision instrument making and mechanical engineering |
| 1b | Energy consumption from 121 to 150 kcal/h (from 140 to 174 W). Sedentary or walking jobs with little physical exertion | Supervisors, production masters, work at printing plants and in communication institutions |
| 2a | Energy consumption from 151 to 200 kcal/h (from 175 to 232 W). Constant walking and moving small objects weighing up to 1 kg in a sitting or walking position. There is physical exertion, but below moderate | Assembly shops, work at the enterprises of the machine-building complex, weaving and spinning production |
| 2b | Energy consumption from 201 to 250 kcal/h (from 233 to 290 W). Walking work associated with the constant movement of objects weighing up to 10 kg. Physical activity is pronounced, but moderate | Working professions of various workshops of machine-building and metallurgical enterprises |
| 3 | Energy consumption from 251 kcal / h and above (from 291 W). Constant walking and moving heavy objects (objects weighing more than 10 kg). Work requiring significant physical stress | Blacksmiths in the workshops of manual forging of metal products, foundry workers, loaders, some construction professions |
A shortened working day is required when working in rooms where the air temperature exceeds the established critical values. The maximum time spent in such premises depends on the group of works (1a-1b, 2a-2b or 3).
| Average air temperature in the working room (in degrees Celsius) | The maximum allowable time spent at work depending on its category (in hours) | ||
| 1a-1b | 2a-2b | 3 | |
| 32,5 | 1 | - | - |
| 32,0 | 2 | - | - |
| 31,5 | 2,5 | 1 | - |
| 31,0 | 3 | 2 | - |
| 30,5 | 4 | 2,5 | 1 |
| 30,0 | 5 | 3 | 2 |
| 29,5 | 5,5 | 4 | 2,5 |
| 29,0 | 6 | 5 | 3 |
| 28,5 | 7 | 5,5 | 4 |
| 28,0 | 8 | 6 | 5 |
| 27,5 | - | 7 | 5,5 |
| 27,0 | - | 8 | 6 |
| 26,5 | - | - | 7 |
| 26,0 | - | - | 8 |
Room temperature measurement
You can get information about when the working day is reduced in the corresponding tables given in SanPiN 2.2.4.548-96. But how exactly are the measurements taken, on the basis of which the necessary measures are then taken? This must be done by the employer himself or by a person specially appointed for this procedure. All measurements are made with a thermometer or psychrometer, and then recorded in a special protocol.
Measurements should be taken 3 times a day - in the morning, at lunchtime and at the end of the working day. The results obtained are recorded in the protocol, where, in addition to the average temperature in the room, there will be the following information:
- data on industrial premises or the office in which the measurements were taken;
- information about the main appliances that emit heat, moisture, or vice versa, cool the temperature in the room;
- information about the technological and sanitary equipment located in the office;
- other information related to the temperature regime.
If the maximum allowable temperature in the working room has been exceeded, the employer must either lower it (if available) technical feasibility), or reduce the working day in accordance with the recommendations.
How exactly can an employer fix a problem with too high a temperature in the rooms? He can install an air conditioner at the workplace, equip special rest rooms for employees, give them funds personal protection(for example, wet gauze bandages for working in hot shops or special work clothes), as well as slightly change the working schedule or introduce short rest breaks into working hours.
The higher the temperature in the working room, the more often it is necessary to take rest breaks.
How to force the employer to comply with labor protection?
If, as a result of measurements, it turns out that the temperature in the room is too high for normal work activity, and the employer refuses to take the necessary measures, the employee has the right to file a complaint with the State Labor Inspectorate, the trade union (if there is one at the enterprise), as well as to the sanitary and epidemiological station or even to the prosecutor's office. The investigation will be carried out within 10 working days after receipt of the relevant application.
In addition, the employee has the right to temporarily refuse to perform his professional duties if labor protection requirements are not observed at work (until the situation is corrected). To do this, you will need to draw up a written reasoned refusal and transfer it to the employer.
During a forced day off due to high air temperature in the working room, the employee retains full wages, in accordance with his tariff rate.
Responsibility of the employer for non-compliance with the temperature regime
If the employer refuses to comply with the standards in the field of sanitary and epidemiological well-being of his employees, including in ensuring a normal temperature in the working room, then he will be liable within the framework.
The penalties under this article are as follows:
- individuals - a warning or a fine in the amount of 100 to 500 rubles;
- officials - a fine from 500 to 1000 rubles;
- individual entrepreneurs - a fine of 500 to 1000 rubles;
- legal entities - a fine from 10,000 to 20,000 rubles.
For IP and legal entities other penalties may apply. Instead of paying an administrative fine, the regulatory authorities have the right to suspend their activities for up to 90 days, during which the enterprise must eliminate all violations in the field of labor protection.