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. In this case, the safety of the production itself is ensured, as well as the appropriate working conditions for each workplace. Such places must, in the prescribed manner, meet all the requirements of labor, 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 relate 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 performance of employees drops, 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 in summer period afternoon;
• 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 deserves the situation when the employer, for a number of reasons, cannot independently and in deadlines ensure that proper working conditions are observed in the office premises. 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 this in violation of applicable law, 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.

What kind external factors affect employee performance? Such a question, of course, should be asked by any leader who wants to take care of his subordinates and increase monthly revenue. Unfortunately, features that are obvious at first glance often go unnoticed. So, for example, at enterprises, both small and large, temperature standards at the workplace are often ignored. At the same time, it is necessary to take into account the fact that not every employee will be able to fully work, freezing or suffering from unbearable heat.

Who regulates the weather at work?

Are there official documents regulating such indicators? Yes, there are. These are SanPin norms for temperature in the workplace. The regulations given in them apply to absolutely all companies and all employees (regardless of the size of the company and its nationality).

All information in the norms can be divided into two main blocks: temperature recommendations for different category employees and the responsibility of the employer for their violation. Among other things, the norm of air temperature in the workplace is also regulated by the 212th article of the Labor Code of our country, which states that the employer in without fail is obliged to provide favorable conditions and conditions for work, as well as rest for its employees.

How to protect yourself in the workplace?

What can an employee do if the temperature at the workplace is above normal? If a person is aware of the real risks to their health in such a situation, then it is quite possible to temporarily refuse to perform their official duties. To do this, it is necessary to draw up an official written statement and transfer it to higher management.

The document must contain information that the performance of the work stipulated by the concluded employment contract threatens certain health risks. It would be useful to refer to the 379th article of the Labor Code, which contains information about the legality of such intentions. If the paper is drawn up in accordance with all the rules, then the employee will not only not lose, but will retain all existing rights. However, do not overdo it in your desire to take a break from work, it is likely that the authorities will offer you alternative options.

How to get around the law without breaking it?

The leadership also has its loopholes and detours. The thing is that SanPin in its documentation indicates such a concept as “stay time”, and not “length of the working day”. Simply put, an employer is not always required to let an employee go home early when they are uncomfortable in order to comply with the law. He can take the following actions:

• Organize an additional break in the middle of the working day in a room with more acceptable conditions for relaxation.
• Transfer workers to another location that meets the requirements.

summer workplace temperature

Of course, office employees are most concerned about the temperature standards in the workplace, but it is difficult to say what this trend is connected with. It should be noted that managers, secretaries and other employees of intellectual labor belong to the category of workers with minor physical exertion. It is generally accepted that the normal temperature for them should range from 22.2 to 26.4 (20-28) degrees Celsius. Any deviation from the established figures should lead to a reduction in the working day. The reduction scheme looks like this:

• 28 degrees - 8 hours;
• 28.5 degrees - 7 hours;
• 29 degrees - 6 hours and so on.

According to a similar algorithm, the term for performing work duties in the office is reduced to a temperature of 32.5 degrees above zero. With such initial data, no more than one hour is allowed to work. With the above work, it is completely required to cancel or transfer to another room.

temperature in winter

It should be noted that employees in the workplace can suffer not only from stuffiness and heat, but also from cold (such situations are even more dangerous, but they are much less common). What is the minimum acceptable temperature in the workplace? To begin with, let's discuss the algorithm of the day in cool conditions for office workers. The number of working hours for them begins to decrease from 20 degrees according to the following scheme:

• 19 degrees - 7-hour;
• 18 degrees - 6 hours;
• 17 degrees - 5 hours and so on.

The final mark of 13 degrees Celsius implies the work of an office employee in an unheated room for one hour, at lower rates of work it is necessary to cancel altogether.

It should be noted that these rules apply only to production and office rooms, for social objects, the requirements also exist, but are slightly different. For example, the recommended temperature for clinics is about 20-22 degrees.

Classification of all professions

SanPin norms for temperature at the workplace are different for each category of employees. In total, there are three main categories, of which two are also divided into additional subgroups:

• 1a. Energy consumption up to 139 W. Insignificant physical activity, performance of labor duties in a sitting position.
• 1b. Energy consumption from 140 to 174 W. Slight physical exertion when performing duties that can be performed both sitting and standing.
• 2a. Energy consumption from 175 W to 232 W. Moderate physical stress, the need for regular walking, moving loads weighing up to 1 kg in a sitting position.
• 2b. Energy consumption 233-290 W. Active, but moderate physical activity, which consists in constant walking and moving loads weighing up to 10 kilograms.
• 3. Energy consumption from 290 W. Intense load, requiring considerable strength and impact. It consists in walking, carrying large loads.

You should not assume that the higher the category of the employee, the more scrupulously the temperature standards at the workplace should be observed in the summer and in the winter season. In fact, the law requires to protect each person very carefully. Moreover, people engaged in active physical labor endure coolness much easier, as they have the opportunity to warm themselves from the efforts made.

Where to turn for help?

What to do if the temperature standards at the workplace are violated, and the management continues to force employees to work? In this situation, time that goes beyond the boundaries given in the laws can be considered processing. And processing, as you know, should be paid in double size.

Where can I complain about the fact that the temperature standards in the workplace are occasionally or regularly violated? Unfortunately, there is no official institution dealing with this issue. However, if necessary, employees can direct all their complaints regarding the unsatisfactory organization of conditions in the workplace to the local labor inspection, which will be able to record the complaint and initiate proceedings on it.

In addition to your wishes for organizing a comfortable temperature at the workplace in your company, you can send them to Rospotrebnadzor, they will also help you resolve a dispute with your employer.

The amount of punishment and its types

What punishment can an unlucky employer run into? The simplest is the usual fine, the size of which can range from 10 to 20 thousand rubles. Much worse for any organization is a temporary suspension of its activities, which can last up to 90 days. To avoid punishment, it is necessary either to improve the existing conditions, or the employee to the required norm in this case.

How to fix violations?

How can you achieve the required temperature at the workplace in summer? Perhaps the only effective way to solve this issue is to install modern air conditioners, as well as maintaining the existing ventilation system at a high level. No open windows and drafts will help create comfortable conditions in the heat, but only ensure the distillation of heated air from room to room. Another disadvantage of this method is the high risk of colds among people in the room.

With regard to the need to increase the air temperature, the most appropriate is the use of a central heating system.

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 production environment. Hygienic requirements for the microclimate of industrial premises. Sanitary Rules and Norms”, which establish, among other things, optimal and permissible temperature indicators for workplaces), the head of the company may decide to reduce the working day or to 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 the 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, the workplace and the labor process should not have a harmful effect on a person. 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 carrying out 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 keep the employees full wages taking into account the fact that the ambient temperature does not correspond to the permissible 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 dated 11.12.2008 No. A82-653 / 2008-9, the court indicated that the employer did not provide safe working conditions 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 sashes 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 by sanitary rules 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 carried out in the open air, one can be guided by “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 to 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 means 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 speed.

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!

The current legislation provides for the use of a shortened working day during the heat to ensure the comfort of workers and the safety of work for their health. The law on reduced working hours due to the heat is already in force long time- at high air temperature, the working time should be reduced in proportion to its differences from the permissible values. Also, according to the legislation, the working day in the heat should not be reduced for all categories of workers.

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 both many employers and 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 realize the right of employees to safe working conditions.
• 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, it is necessary to refer to the sanitary rules and regulations indicated 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 labor 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 that they use appropriately certified equipment and draw up air temperature measurement reports.

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

Reduction of the working day can be issued different 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. In this case, the 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. Moreover, if the employee refuses to fulfill his labor obligations, he cannot be attracted to and deprived of wages - if, in the event of a labor dispute, he can prove his case.

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

Summer time is always difficult time for work. Often there are situations when the temperature in the room exceeds the permissible limit, turning work into the hardest torture (and even breaks in the middle of the day do not save much). For employees it becomes topical issue Are there any legal provisions for temperature standards during working hours in the heat.

For solutions this issue need to 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 employees, the maximum allowable indoor temperature 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 re-arranged. 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.

This document is signed by both the head 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.