Reduced working hours due to heat. In the heat, the working day should be shortened (according to the law). Stay up to date

In the midst of last summer, factories stopped - shop employees demanded double payment for exceeding the temperature regime. Next, the "white collars" working in the offices remembered SanPiN, which shortens, or even completely cancels the working day in the heat. Yes, there are norms, but, unfortunately, it is almost impossible to realize your rights in practice.

A comfortable temperature for work, taking into account the type of human activity, is really contained in the law. "Hygienic requirements for the microclimate of industrial premises. SanPiN 2.2. 4.548-96" approved in the framework of the law "On the sanitary and epidemiological welfare of the population." It also clearly spelled out how much the working day should be reduced if the temperature norm is exceeded.

From plus 26.5 degrees Celsius, those who are busy moving and carrying weights over ten kilograms can go home an hour earlier. At plus 30 degrees Celsius, workers in foundries of machine-building and metallurgical enterprises have the right to work two hours a day, and starting from plus 31 degrees not to go to work at all. If the thermometer rises to plus 32 degrees, those who experience moderate physical stress remain at home - these are workers in the mechanical assembly shops of machine-building plants, spinning and weaving industries, mechanized foundries, rolling, forging thermal and welding shops.

The most "heat-resistant" are considered representatives of "office plankton" and everyone whose work requires little physical exertion. But the "sedentary" working day is reduced by an hour, when the temperature rises to plus 28.5 degrees Celsius. At plus 30 degrees, the working day is reduced by three hours, at plus 32 by six hours, and after plus 32 degrees, you can appear in the office for just an hour.

Unfortunately, this is just a utopian theory that real practice contradicts. According to a survey conducted by the Research Center of the recruiting portal SuperJob.ru, most employers do not consider the heat to be a reason to improve the working conditions of their employees. Forty-eight percent of Muscovites last year dreamed of changing their work schedule, and only two percent of employers in the capital decided to make such changes.

In theory, the employer himself must monitor the compliance of the indoor climate with the SanPiN requirements. If the temperature exceeds the permissible values, he must convene a commission, measure the temperature at workplaces, draw up a protocol - and issue an order to reduce the working day. In reality, employees either fight the heat with folk remedies and endure to the last, or try to get the authorities to buy air conditioners.

Leaving work, referring to sanitary standards, is not a way out. Yes, theoretically, the Labor Code allows you to refuse work if it threatens your life or health, but unauthorized withdrawal will most likely be declared absenteeism, or even become a reason for dismissal. You will have to go to court and prove the threat already in court, which is not easy.

You can try to complain about the violation of the temperature regime to Rospotrebnadzor, to the Labor Inspectorate or to the Labor Protection Department. It will not be possible to do this anonymously or orally - in the written request, the name of the applicant and the address of the organization are indicated. A correctly executed application is a reason for contacting the prosecutor's office and conducting an unscheduled check. The main thing is to wait alive and well until all the papers are agreed. And take into account that the employer is unlikely to say "thank you" to the employee for a considerable fine.

On-site temperature measurements are carried out in Moscow by specialists from the Center for Hygiene and Epidemiology, who have special equipment, but they conduct research on a paid basis. And in any case, Rospotrebnadzor honestly admits that it is almost impossible to reduce the working day. The only real fight is for air conditioning.

There are very few cases when company owners meet halfway with employees, postpone work hours to the morning, shorten the schedule and arrange collective vacations. In the best case, they are allowed not to wear tights where it is prescribed by the dress code, and they install water coolers in the office. Therefore, the rescue of drowning people remains the work of the drowning people themselves, and the ingenious victims of the hot summer together master simple means of dealing with the stuffiness.

A hot, sunny summer, immensely pleasing on weekends, does not look so attractive on weekdays. It's not just distracting vacation dreams; working in the heat can be dangerous to your health and life.

In this article, we will remind you at what temperature you can work indoors, when you need a reduced mode of work in the heat, as well as preventive and emergency measures that an employer can take to maintain maximum efficiency of employees.

Temperature in the working room according to the labor code and SanPiN

A certain mode of work in the heat is not regulated by the Labor Code, the Labor Code of the Russian Federation is limited by a streamlined requirement for the employer to guarantee proper working conditions. The list of unambiguous conditions is provided by SanPiN. Working in hot weather overloads the body, and to minimize damage to health, periods of vigorous work activity are shortened in proportion to the increase in temperature. For example, production in the forging shop can be slightly reduced already at 26.5 ° C, and when the temperature reaches 30.5 ° C, the working day should be reduced to 1 hour.

Indoor temperature at the workplace (SanPiN 2.2.4.548-96):

Indoor air temperature, ºС	Working day, h
	With sedentary, sedentary work

As can be seen from the table, the permissible room temperature at the workplace varies depending on the intensity of the energy consumption of workers. That is, the higher the load, the cooler it should be in the production area. However, at any level of loads, it is easy to calculate at what temperature it is impossible to work in the room: exceeding the norm by 4.5 ° C is critical.

What to do if the employer does not comply with the norms for working in a hot room

Providing adequate working conditions and monitoring their condition is the employer's obligation, stipulated by the Labor Code. If this obligation is not fulfilled, employees have the right to independently demand a reduction in the working day, making a reference to SanPiN 2.2.4.548-96 "Hygienic requirements for the microclimate of industrial premises."

To do this, it is necessary to draw up a memo on the need to reduce the work time, justifying this by the fact that the temperature in the room at the workplace exceeds the SanPiN standard.

An example of a memo if the room temperature exceeded the permissible limits:

After the verification temperature measurement, the employer must issue an order based on the data received.

When it comes to downtime pay, it depends on the role of the employer. If the employer is at fault (when he was able to comply with the temperature standards in office premises, for example, by installing air conditioners, but did not), the payment for downtime is transferred in the amount of at least 2/3 of the average employee's salary. Forced downtime (independent of the employer: when working on the street, abnormal weather or global breakdowns) is paid at the rate of 2/3 of the employee's salary / tariff rate, in proportion to the downtime (Article 157 of the Labor Code of the Russian Federation).

An example of an order to shorten the working day if the room temperature is above 28 degrees:

Outdoor work

Work on the street in the heat The Labor Code and, regularly reminding of labor recommendations in such conditions, are severely restricted by Rospotrebnadzor. Thus, it is not recommended to work outdoors at dangerous air temperatures (over 32.5 ° C).

If it is impossible to transfer work to the morning and evening instead of hot daytime hours, it is required to observe the duration of the working periods: no more than 15-20 minutes, alternating with rest in a room with a comfortable temperature (at least 10-12 minutes). In order to avoid too much temperature difference compared to the outside, the room temperature should also be carefully monitored in the break room. The norm will be 24-25 ° C.

Workers who are at least 25 years old and not older than 40 years are allowed to work in excessive heat.

Preventive measures

It is possible to avoid losses caused by downtime of production and / or administrative facilities. Some of the problems will be removed by equipping industrial premises with powerful ventilation, and office rooms with air conditioners.

A timely installed room temperature sensor will help the employer to monitor the situation at the enterprise.

Responsibility for non-compliance with temperature conditions

The negligent attitude of the employer to working conditions entails liability under Art. 5.27 of the Administrative Code of the Russian Federation. The basis for checking and issuing a fine may be the appeal of employees to Rospotrebnadzor or Trudinspektsiya.

The amount of the administrative fine will be:

• for officials, individual entrepreneurs - from 1 to 5 thousand rubles;
• for legal entities - 30-50 thousand rubles.

WITHOUT AIR CONDITIONING YOU SHOULD 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 after day in most of Russia. So if your employer has taken care of a reliable and powerful air conditioner in advance, the office after the stuffy heat of the street becomes a real paradise. But, unfortunately, not everyone is so lucky. Many have to work in truly unbearable conditions.

In small firms that do not have special personnel services, it is the accounting department that is the source of wisdom and the main adviser on all labor problems. Therefore, with complaints of poor health and questions whether it is possible because of the heat to stop work and go swimming, employees turn to the accountant. And the director, himself suffering from the heat, may be ready to let everyone go a little earlier, but only "a little bit" and preferably without paying for the unworked time. But what are the legal grounds for reducing working hours in 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 its 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 the temperature and humidity of industrial premises (Hygienic requirements for the microclimate of industrial premises. Sanitary rules and regulations. SanPiN 2.2.4.548-96, approved by the Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated 01.10.1996 N 21).

The permissible 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 working day, at an air temperature of no higher than 28 degrees Celsius (Appendix 1 "Characteristics of certain categories of work"; Table 1 "Time spent at workplaces at a temperature air above the permissible values ​​"Appendix 3 to SanPiN 2.2.4.548-96).

If the air temperature is only half a degree higher, 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 workers, 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 temperature rise was short-term and it quickly, for example, after an hour, returned to normal, the usual working hours are maintained.

- Who exactly in the organization should monitor the temperature in the workplace?
- It is the employer's duty 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 workers themselves, if they feel a rise in temperature that poses a threat to their life and health, not only can, but are obliged to inform their immediate supervisor about this so that the employer takes action (Article 21 of the Labor Code of the Russian Federation.). Having received such a message from his employees, the employer will be obliged to measure the temperature at the workplaces at least three times during the whole working day (at the beginning, middle and end of the shift) and draw up a protocol at the end of each measurement (Clauses 1.4, 7.1, 7.2, 7.14, 7.15 SanPiN 2.2.4.548-96).

What should be the employer's actions if the air temperature exceeds permissible limits, but there is no air conditioner?
- If the employer is unable to create normal working conditions, that is, to provide air conditioning or transfer workers to other workplaces with normal working conditions, he is obliged to reduce the length of the working day.

- How is the time paid when the employee did not work because of the heat?
- In my opinion, these unworked hours are paid as idle time due to the fault of the employer in the amount of at least two-thirds of the employee's average wage (Articles 220, 157 of the Labor Code of the Russian Federation).

If an employee still works when the permissible air temperature is exceeded 8 hours a day, how is such work paid? Could she 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 hours due to the employer's failure to create favorable working conditions at the workplace, then such work cannot be considered overtime. It is paid according to the terms of the concluded 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 shorten the working day? Can an employee stop working and leave the 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 area or does not reduce the working time, the employee has the right to refuse to perform the 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 offense.

Is it possible to bring an employer to administrative responsibility for failure to comply with the requirements of SanPiN 2.2.4-548-96? Who imposes the fine: labor inspectorate or Rospotrebnadzor bodies?
- As I said, the employer must create favorable working conditions at the workplaces of their employees. If this is not possible and the temperature at the workplaces exceeds the maximum established by the 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, the state labor inspector can fine the organization and its head under Part 1 of Art. 5.27 of the Administrative Code of the Russian Federation. The fine for an organization is from 30 to 50 thousand rubles, and administrative suspension of its activities for up to 90 days is also possible. The fine for the manager 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 at workplaces, also has the right to initiate an administrative case, and then bring the organization and its head to administrative responsibility.

Working in hot weather is hard. True, not all employers know about this. Meanwhile, there is even a special SanPiN regulating sanitary standards when working in hot weather. It was about him that Rostrud traditionally reminded employers, as well as 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 he reminded 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 regulations ", approved by the Resolution 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 working day in hot weather, but also the conditions that the employer must 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 is close to 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 the working time on the temperature regime can be seen in the table.

How temperature affects run time

Employee workload (upper limit in the warm season)	Permissible temperature, ° С
Working day in hours

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 of them and demand to be released from work early. If the authorities object, you should not leave without permission, as they may be considered absenteeism, but it will not be superfluous to write a memo or a statement. But reducing the length of the working day in hot weather does not exhaust all the obligations of employers.

Air conditioner in every office!

Rostrud recalled that the responsibilities of the company's management also include:

• provision of air conditioning in workplaces;
• provision of free access to drinking water and a first aid kit;
• enabling employees to take breaks from work;
• arrangement of places to rest in a cool place;
• providing, if necessary, short-term paid holidays in particularly hot weather.

In the message of the service, in particular, it says:

It is desirable to provide a comfortable temperature, air conditioning. Working in a stuffy office or industrial environment can exacerbate chronic illness. The employer is obliged to ensure safe working conditions for employees, otherwise he may be held liable.

Payment for forced leave due to heat can be made in accordance with part 2 articles 157 of the Labor Code of the Russian Federation as downtime for reasons beyond the control of the employer and the employee, in the amount of at least two-thirds of the average salary. All measures taken to protect workers should be reflected in supplementary agreements to employment contracts.

Responsibility for violation of labor rights

If the employer ignores the appeal of Rostrud and the requests of its employees and does not ensure compliance with sanitary standards when working in the heat, he may be brought to administrative responsibility for article 6.3 of the Code of Administrative Offenses of the Russian Federation... The penalty for violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, expressed in ignoring the current sanitary rules 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.

Until a few years ago, I didn't know that on a hot day, employees should have a short day. But when I became a manager, I had to study the Labor Law in more detail in order to respect all the rights of my employees. A working day is set for employees depending on the outside temperature. If the weather is very hot, then they should work less. And now I will tell you in detail about this.

In order to know in what weather and by how many hours the duration of work should be reduced, it is necessary to study the Labor Law. These issues are regulated by the following articles of the TC:

• the maximum permissible operating time in a hot room is set Art. 212;
• the possibility of checking the temperature conditions in the working room gives article 216, namely its third part;
• the procedure and rules for drawing up acts that are filled out when checking the temperature regime, as well as their transfer to the competent authorities is carried out on the basis of Art. 216, namely, its fifth part;
• the employee's right to receive an additional payment for work in premises where the temperature regime exceeds the established standards is established Article 379.

In accordance with the norms set out in these articles, the employer must organize in his company an appropriate temperature regime. If, for certain reasons, the employer cannot provide this and influence him, he must comply with the norms of working hours in such conditions.

The very requirements for production or office premises are described in detail by SanPin standards. A deviation is considered if there is a deviation of 5 or more degrees from the established temperature norm. Each production and different areas of activity have their own temperature standards.

Categories of premises

The legislation distinguishes 3 types of categories of premises, in which various requirements for the air temperature regime are established:

1. First category... There is also a division into 2 types: "a" and "b". The first type includes premises where employees have practically no physical activity, and their work is carried out in a sitting position. Human energy consumption is estimated at no more than 139 watts. In this case, the norm is 21-28 degrees. Type "b" includes premises in which employees are forced to move more often, walk from one office to another, and the total amount of energy consumption will not exceed 179 W. For them, the norm will be 21-24 degrees.
2. Second category... It differs from the first one not only in that the amount of energy of employees is spent more, but the work itself has a different character. There are also 2 subgroups here. Type "a" includes loads on people not exceeding 10 kg, and the total energy consumption should not exceed 290 W. Then the temperature regime for them is set at 18-27 degrees. Type "b" also does not allow exceeding the established limit in weight of 10 kg and in energy consumption up to 290 W. However, it is allowed to provide a regime from 16 to 27 degrees.
3. In the third category includes all other premises and types of work that exceed 10 kg and energy costs over 290 W. For them, the norm is set at 15-26 degrees.

Each room must be equipped with a thermometer so that these readings can always be monitored. In addition, responsible persons should regularly conduct these studies and, if necessary, ensure compliance with the standards. This can be achieved in the following easily accessible ways:

• air conditioning installation;
• organization of additional premises for recreation or other purposes;
• organization of ventilation of premises.

When installing these systems, the premises must be re-checked and, if it complies with the established standards, its category can be changed. You can learn more about this in the following video.

Responsible persons

The employer himself, his executive in the form of a director, as well as members of the trade union (if any) are obliged to monitor and comply with the norms. Also, such responsibility can be borne by the organs of the municipality, employees of SanPin.

In the event that a situation arises when the established norms cannot be provided to employees, the head of the company is obliged to reduce the work time of his subordinates. For this, a corresponding order is issued. The number of reduced hours will directly depend on the amount of excess of the norms.

From the categorization of all rooms and types of work, it can be seen that the maximum temperature is considered to be 28 degrees. Thus, if it is exceeded, the employer must organize the working day as follows:

• up to 7 o'clock if the norm is exceeded by at least half a degree;
• up to 6 hours if the excess rate was 1 degree;
• up to 5.5 hours when the mode is increased by 1.5 degrees;
• up to 5 hours with a deviation of 2 degrees.

If the air in the room warms up to 32.5 degrees, then employees must work only 1 hour a day. Thermometer readings should be carried out gradually throughout the day. When fixing an excess of the norm, the employer must prepare an appropriate order based on the recorded excess.

Usually measurements are taken at least 3 times a day. In this case, all results must be entered in writing in the verification report. Also, measurements should be made with a special thermometer, which has passed the verification of the accuracy of the readings.

If a deviation in temperature is detected, the manager responsible for work in this room or another employee must draw up a memo. In it, you must indicate the fixed temperature and ask for the introduction of a shortened day in accordance with these deviations.

Payment

If temperature deviations were recorded and the working hours were reduced, this should not affect the income of the employees. Payment should be made at full rate, as if employees worked full time. However, if the position of a person itself provides for the need for his work in such conditions, then he should receive an additional payment for them.

Leader inaction

Of course, many employers do not want to let their workers go earlier, and also pay them money as if they worked full time. Therefore, most companies do not comply with these rules. In this case, workers must take the initiative and take action. To do this, it is enough to fix the temperature regime in a special act several times within 1 day and write a complaint. It can be filed in several instances:

• SanPin;
• the trade union operating in the organization (if any);
• The prosecutor's office;
• Labor inspection.

These authorities are obliged to arrange for verification of the received claim within 10 days. During the check, measurements are taken and the penalty is determined. Also, employees have the right to write a statement addressed to the manager with a request to provide a shortened day for a certain amount of time, depending on the excess of the norm.

It is important that your claim is justified in the application itself, otherwise the employer may simply provide you with a few hours of free time during the day, which will not be paid for in the future.

Refusal to work is drawn up as follows:

1. We register the name of the head and his position... You must write a statement directly to your job hierarchy guide.
2. We indicate our personal data and position... Also, this waiver can be made collectively. Then all employees who sign this waiver are entered here.
3. Enter the name of the document in the middle of the page... Here it is necessary to write a refusal in connection with a violation of the temperature regime.
4. We prescribe in the very essence of refusal, that you refuse to work on a specific number due to the fact that the temperature regime is exceeded by a specific number of degrees. It is also important to indicate that your actions are in accordance with the Labor Code and that this right is provided for you.
5. We put the signature and date.

It is better to draw up this document in 2 copies, so that one of them will be marked with a note on its receipt. This will be proof that you did not skip work, but were absent for a good reason.

A responsibility

These measures are imposed on the following officials in the company:

• senior manager if it concerns office employees;
• engineer engaged in the development of labor protection measures;
• most employer;
• chief engineer, for employees of working specialties.

The punishment in all cases will be determined by the SanPin employees. For this offense, it is possible to terminate the activities of the company for several months (no more than 3), or to impose a fine of up to 20 thousand rubles.