One of the main tasks of the employer can be considered the provision of a favorable microclimate in the workplace.
However, many tenants do not comply with the temperature requirements, thereby 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: install special equipment (air conditioners, fans) in the work premises or 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. 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 summer period should not exceed 28 degrees Celsius, and in winter 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
WITHOUT AIR CONDITIONER, YOU HAVE TO WORK LESS
Zhigastova Tatyana Mikhailovna - Deputy Head of the Department for Supervision and Control over Compliance with Labor Legislation of Rostrud.
This summer, the heat is breaking records day by day in most of Russia. So if your employer has taken care of a reliable and powerful air conditioner in advance, the office becomes a real paradise after a stuffy street hell. But, unfortunately, not everyone is so lucky. Many have to work in truly unbearable conditions.
On the small firms who do not have special personnel services, it is the accounting department that is the source of wisdom and the main adviser on all labor issues. Therefore, with complaints about feeling unwell and questions about whether it is possible to stop work and go for a swim because of the heat, the workers turn to the accountant. And the director, who himself suffers from the heat, may be ready to let everyone go a little early, but only "a little" and preferably without payment for unworked time. But what are the legal grounds for reducing working hours under the current conditions? For clarification, we turned to the representative of Rostrud.
- Tatyana Mikhailovna, what is the critical air temperature in the room?
- The employer is obliged to provide his employees with normal working conditions at each workplace (Articles 209, 212 of the Labor Code of the Russian Federation). These conditions must comply with labor protection requirements. In this case, the requirements for temperature and humidity industrial premises(Hygienic requirements for the microclimate of industrial premises. Sanitary regulations and norms. SanPiN 2.2.4.548-96, approved. Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia dated 01.10.1996 N 21).
The allowable time spent at the workplace depends not only on the air temperature, but also on the category of work performed. So, ordinary office workers sitting at computers can work 8 hours, that is, a full day, at an air temperature not higher than 28 degrees Celsius (Appendix 1 "Characteristics of certain categories of work"; table 1 "Time spent at work at temperatures air above the permissible values" Appendix 3 to SanPiN 2.2.4.548-96).
If the air temperature is half a degree higher than anything, that is, equal to 28.5 degrees, you can work 7 hours, 29 degrees - 6 hours, and so on. If the room is 32.5 degrees, the working day is reduced to 1 hour. If the temperature is 33 degrees, work should be stopped.
But for employees, for example, sewing shops an eight-hour working day is possible only if the air temperature in the production premises does not exceed 27 degrees Celsius.
But the working day is shortened only if the elevated temperature persists for quite a long time. If the increase in temperature was short-term and it quickly returned to normal, for example, after an hour, the usual duration of working hours is maintained.
- Who specifically in the organization should monitor the temperature in the workplace?
- It is the responsibility of the employer to constantly monitor the state of the microclimate in the workplace. It can be performed by labor protection specialists or heads of departments (foremen, heads of workshops and departments).
In addition, the employees themselves, if they feel an increase in temperature that poses a threat to their life and health, not only can, but are obliged to report this to their immediate supervisor so that the employer takes measures (Article 21 of the Labor Code of the Russian Federation.). Having received such a message from its employees, the employer will be obliged to measure the temperature at the workplace at least three times during the entire working day (at the beginning, middle and end of the shift) and draw up a protocol at the end of each measurement (Items 1.4, 7.1, 7.2, 7.14, 7.15 SanPiN 2.2.4.548-96).
What should be the actions of the employer if the air temperature exceeds allowable limits and no air conditioning?
- If the employer does not have the opportunity to create normal working conditions, that is, to provide air conditioning or transfer employees to other jobs with normal working conditions, he is obliged to reduce the length of the working day.
- How is the time paid when the employee was not working due to the heat?
- In my opinion, these unworked hours are paid as downtime due to the fault of the employer in the amount of at least two-thirds of the average wages employee (Articles 220, 157 of the Labor Code of the Russian Federation).
If an employee still works when the permissible air temperature is exceeded for 8 hours a day, how is such work paid? Can it be considered overtime?
- I think that if an employee works a full shift, that is, 8 hours, despite the fact that the organization has reduced working time due to the employer's failure to create favorable working conditions at the workplace, such work cannot be considered overtime. It is paid according to the terms of the prisoner employment contract, that is, as usual.
What can an employee do if the employer does not take any measures to create an optimal microclimate in the production area and does not reduce the length of the working day? Can an employee stop work and leave workplace?
- If the employer does not eliminate the danger to the life and health of employees, that is, does not take measures to create an optimal microclimate in the production room or does not reduce the working hours, the employee has the right to refuse to perform work (Article 220 of the Labor Code of the Russian Federation). He only has to notify the employer in writing. Such refusal will not be considered a disciplinary offence.
Is it possible to bring the employer to administrative responsibility for failure to comply with the requirements of SanPiN 2.2.4-548-96? Who imposes a fine: the labor inspectorate or the bodies of Rospotrebnadzor?
- As I said, the employer must create favorable conditions labor in the workplace of their employees. If this is not possible and the temperature at the workplace exceeds the maximum established by SanPiN, limit the stay of workers at these workplaces. Otherwise, he violates Art. Art. 212 and 219 of the Labor Code of the Russian Federation and SanPiN 2.2.4.548-96. For violation of these requirements state inspector labor can fine the organization and its leader under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. The fine for the organization is from 30 to 50 thousand rubles, and an administrative suspension of its activities for up to 90 days is also possible. The fine for the head is from 1 to 5 thousand rubles.
In addition, I believe that Rospotrebnadzor, within its competence, if it reveals facts posing a threat to life and health in the workplace, also has the right to initiate an administrative case, and then bring the organization and its head to administrative responsibility.
Greetings, dear friends! I don’t know about you, but in Novosibirsk we have a relatively cold period for November. It seems sunny, dry, but due to humidity and a northeast breeze, it is quite cold.
I think that work at low temperatures can be tried to reduce. How to do this, you will learn 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, the hygiene standards contained in the 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 industrial premises. Sanitary rules and norms, which, among other things, establish optimal and permissible temperature indicators for workplaces), the head of the company may decide to reduce the working day or stop working at extremely low or high temperatures.
But this may be required by the employees themselves. 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 provided for collective agreement. According to the law "On the sanitary and epidemiological welfare of the population", working conditions, workplace and labor process should not have a harmful effect on humans. And what if not cold in the workplace can lead to hypothermia and human illness?
Thus, the employer is obliged to control the microclimate at the enterprise, including the temperature in the workplace. Temperature measurement at workplaces is carried out using a thermometer or psychrometer at least 3 times per working day (shift).
After measurements, it is necessary to draw up a protocol in which to substantiate and evaluate the measurements performed for compliance with the regulatory requirements of the Sanitary Rules. Only after making all the necessary measurements, the employer can decide to reduce the working day of employees on the basis of the norms of the Sanitary Rules and retain full wages for employees, taking into account the fact that the ambient temperature does not correspond to allowable 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 working time.
And in judicial practice there were precedents when employees defended their right to a warm workplace.
In the Ruling of the St. Petersburg City Court dated October 25, 2010 No. 14529 state enterprise an order was issued to eliminate violations, including non-compliance with the temperature regime in the premises of the enterprise and at workplaces.
And in the Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of December 11, 2008 No. A82-653 / 2008-9, the court indicated that the employer did not provide safe conditions work for his employee, which led to an accident at work during the winterization of windows by the employee due to the unsatisfactory maintenance of the building, expressed in the non-insulation of window casings for work in the autumn-winter period, as a result of which the air temperature at the workplace was below normal.
For reference:
At what temperatures in the office is a shortened working day possible?
Working conditions are regulated sanitary regulations and norms SanPiN 2.2.4.548-96 "Hygienic requirements for the microclimate of industrial premises".
According to the document, those who work indoors are conditionally divided into five categories:
- sedentary work. This includes managers, office workers, workers in the clothing and watch industries. For them, the most comfortable room temperature is + 22 ° С - + 24 ° С.
- if you spend the whole day on your feet. For example, these are controllers, sales consultants. They should work at +21°С - +23°С.
- work involves some physical stress. For example, tour guides, employees of cleaning shops at machine-building enterprises. The optimum temperature for them is + 19 ° С - + 21 ° С.
- work associated with walking and carrying loads up to ten kilograms. Basically, these are factory workers - locksmiths, welders. For them, the temperature in the room should be + 17 ° С - +19 ° С.
- involves heavy physical labor, for example, in foundries and blacksmith shops. The same category includes loaders who carry furniture and equipment heavier than ten kilograms. For them, the temperature is somewhat lower - + 16°C - + 18°C.
If the temperature at the workplace drops by 1 degree below normal, the working time is reduced by 1 hour.
Thus, at a temperature of +19°C, the working day of an office worker will be 7 hours, +18°C - 6 hours, and so on. At a temperature of + 12 ° C and below, work stops and, in accordance with Article 157 of the Labor Code of the Russian Federation, working hours in this case are paid by the employer in the amount of at least two-thirds tariff rate.
However, I want to note that SanPiN 2.2.4.548-96 do not have the status of regulatory legal acts, and therefore, the requirements established by these acts cannot be considered mandatory, and are only advisory in nature.
If the workplace is located in unheated premises or work is done outdoors, you can follow “MP 2.2.7.2129-06. Work and rest regimes for workers in cold weather in an open area or in unheated premises, as well as regulatory documents of the regional and / or municipal level.
1. Article 21 of the Labor Code of the Russian Federation - the employee has the right to a workplace that meets the state regulatory requirements for labor protection and the conditions provided for 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 that labor conditions comply with labor protection requirements at each workplace; organization of control over the state of working conditions at workplaces, 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, each employee has the right, including the right to a workplace that meets the requirements of labor protection.
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 well-being of the population” (hereinafter - Law No. 52-FZ).
4.1. In particular, paragraph 1 of Art. 25 says that working conditions, the workplace and the labor process should not have a harmful effect on a person. Requirements for ensuring safe working conditions for humans are established by sanitary rules and other regulatory legal acts. Russian Federation.
4.2. According to paragraph 2 of Art. 25 of Law No. 52-FZ individual entrepreneurs and legal entities are obliged to carry out sanitary and anti-epidemic (preventive) measures to ensure safe working conditions for humans and 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 personal funds protection of workers, the regime of work, rest and household services employees to prevent injury occupational diseases, infectious diseases and diseases (poisoning) 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 Norms” indicators of the microclimate should 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 industrial premises are, among other things, air temperature, air velocity.
6. “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in an open area or in unheated premises, as well as on regulations regional and/or municipal level.
That's all for me. Until new notes!
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 section.
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 legal 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 blood flow centralization - 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.
The company has been on the market for more than 16 years and provides goods and services to enterprises engaged in oil, energy, mining, chemical industries in the Russian Federation and in the CIS countries.
Legal Agency provides comprehensive legal assistance for MSproject: contract law, claim work, judicial protection, legal support when participating in auctions and tenders, collecting debts from debtors, tax issues, assistance in real estate transactions and real estate disputes. Carries out Due Diligence of acquired real estate objects and assets.
our clients
ZAVOD CONTACT LLC
The company is engaged in the manufacture of quality goods according to developed standards or drawings. It produces cable fittings, fasteners and clamping parts for wires, pipelines and cables, products for mounting radio-electronic equipment and much more.
We comprehensively support Zavod Kontakt and provide legal support on any legal issues. We are engaged in contract law, claims work, we protect the interests of the Plant in courts, we provide legal support when participating in auctions and tenders, we help to collect debts from debtors, we handle tax issues, we help in real estate transactions.
our clients
farm meat
Stores Farm meat is a big retail network for the sale of chilled meat and fresh dairy products.
We provide comprehensive legal support; we help to resolve legal issues related to rent, supply contracts, taxes. We provide protection in government bodies. We defend interests in Rospotrebnadzor and in courts (initiated at the request of Rospotrebnadzor). We provide assistance in real estate transactions. We carry out Due Diligence of acquired real estate and assets.
our clients
SKA-Strelna
The children's hockey school opened in early 2015 and immediately won the trust of parents. She prepares reserves for the SKA club system (St. Petersburg) and is a member of the SKA Hockey Academy. On the this moment The school has more than 400 children aged 5+.
Our Agency is engaged in comprehensive support of SKA-Strelna: it draws up the necessary legal documents, carries out claims work, defends in courts, helps in resolving tax issues, advises on real estate transactions and helps with real estate-related disputes.
our clients
Baltnefteoil
Baltnefteoil is a reliable supplier of hydrocarbon resources in the global energy market, which sells and delivers diesel fuel wholesale and retail.
Our experts conducted legal proceedings in the city of Klin, Moscow Region, in which the company acted as a defendant. The company was charged with a large fine for improper transportation of dangerous goods. A well-planned strategy for conducting the case bore fruit: the case was dismissed due to the lack of corpus delicti. Our lawyers managed to create a precedent in the Klin Magistrate's Court, since such a large fine was challenged in this court for the first time.
our clients
Factory of industrial fittings
The plant is engaged in the manufacture of fittings, hardware, cable fittings and much more. It owns its own fleet of modern equipment and provides metalworking services.
Our specialists provide comprehensive legal support: they accompany transactions, prepare legal documents, and protect the interests of the company in court.