Penalty for smoking in the workplace. Smoking during working hours under the Labor Code: the rights of the employee and employer in this matter

Smoking ban order — Recently, a quite popular administrative document in many organizations. What served as the basis for publication smoking ban orders and what information should be contained in such an employer’s request, we will discuss in this article.

Legislative basis for banning smoking in organizations and public places

In accordance with the Framework Convention World Organization health care for tobacco control in Russia On February 23, 2013, the federal law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” No. 15-FZ was adopted.

Despite the fact that previously there were restrictions on smoking in public places, due to sanitary and against fire safety, labor protection standards, this law established some innovations in this matter, and also systematized previous requirements. Thus, smoking is prohibited in a number of public places (Clause 1, Article 12 of the law). For example, the ban affected territories and premises:

• educational institutions;
• medical institutions;
• premises where social services and government bodies are located.

However, the owners of the premises are given the right to organize special areas for smoking (clause 2 of article 12 of the law).

NOTE! If the employer is not the owner of the premises, then he cannot resolve the issue of organizing smoking rooms on his own - he will have to contact the owner of the property.

Thus, with regard to smoking at the enterprise, the employer has 2 options: ban smoking in the company at all or prohibit it everywhere except in specially designated areas. The employer’s will is formalized by a special order.

Sample order banning smoking at an enterprise

Single form smoking ban order in organizations is not provided for by law, which means that employers draw up such an order independently, based on the practice of maintaining personnel document flow and the documentation forms established at the enterprise. Traditionally smoking ban order includes the following information:

1. Name of the organization where the order is issued.
2. Date of publication, document number and summary(for example, a smoking ban).
3. The preamble, which leads to the main order and usually explains on what basis or for what purposes a specific order was issued (for example, in pursuance of the requirements of Federal Law No. 15-FZ dated February 23, 2013).
4. After the word “I order,” the employer’s specific requirements are listed. Moreover, if the enterprise does not have special places for smoking, then the order will be limited to a ban on smoking on the territory and premises of a specific organization, as well as an order for specific specialists to make appropriate changes to the internal documentation of the enterprise and familiarize members of the workforce with the order. If smoking areas are equipped, the order will be supplemented with a clause on the exclusive use of these areas for smoking. The same order may specify the sanctions applied to violators (reprimand, reprimand, deprivation of bonus, etc.).
5. Signs smoking ban order the head of the organization or an employee authorized by him.
6. Employees confirm that they have read the document by signing the order or in a special journal.

Thus, there should not be any difficulties in developing the above order. Main point, which will need to be decided: is there a complete ban on smoking or is smoking allowed in special places. Sample order banning smoking at an enterprise can be found on our website and used as practical help.

Download the order form

Nowadays it is fashionable to lead a healthy lifestyle. In many companies it is customary to carry out various sporting events, partially, and sometimes completely, pay employees for cards to fitness clubs and swimming pools. And some organizations are actively fighting such bad habits of employees as smoking. This is especially true where the manager himself does not smoke. But when organizing an anti-tobacco campaign, employers make mistakes that can lead to fines for both the organization and its officials. Let's look at the most common of them.

MISTAKE 1. Employees are fined for smoking

Sometimes smokers are fined by having a certain amount deducted from their salary. These employer actions are illegal. After all, there is no such thing as a fine for employees in labor legislation Art. 192 Labor Code of the Russian Federation.

MISTAKE 2. Non-smokers are rewarded with bonuses

Some employers, not wanting to spoil relations with smoking employees, approach the problem of smoking from a different angle. For example, they pay bonuses to non-smoking employees. But this approach is also wrong. A Rostrud specialist agreed with our opinion.

FROM AUTHENTIC SOURCES

Head of Legal Department Federal service on labor and employment

“ Any discrimination in establishing collective agreement or local regulations of remuneration conditions, including bonus conditions, is prohibited and Articles 132, 135 of the Labor Code of the Russian Federation.

Thus, the establishment by the employer in a local act of privileges only for non-smoking employees in terms of setting bonuses (or increased amounts) can be regarded as discrimination.”

In addition, if you are already paying such a bonus, do not forget that it is subject to personal income tax Art. 226 Tax Code of the Russian Federation and insurance premiums and clause 1 art. 7 of the Law of July 24, 2009 No. 212-FZ; Resolution 3 AAS dated March 15, 2010 No. A33-15982/2009. Moreover, in the event of an audit, one can expect quibbles from the tax authorities regarding the inclusion of this bonus among expenses that reduce tax profit. Indeed, in fact, such encouragement of part of the team can, with great stretch, be attributed to the organization’s expenses associated with production and sales. subp. 2 p. 2 art. 253 Tax Code of the Russian Federation.

MISTAKE 3. Smokers have increased working hours

Some employers believe that those who smoke work less. Therefore, sometimes employees who smoke are added, for example, an hour to their working time. But then its normal duration is disrupted Art. 91 Labor Code of the Russian Federation, and such overtime will already be considered overtime work Articles 149, 152 of the Labor Code of the Russian Federation.

CONCLUSION

All the actions of employers listed above (in errors 1-3) can be regarded as a violation labor legislation, and accordingly, these actions can result in negative consequences in the form of a fine both for the organization - from 30,000 to 50,000 rubles, and for its officials - from 1,000 to 5,000 rubles. Articles 106, 107, 108 of the Labor Code of the Russian Federation

If you want to make up for the employee’s “smoking” time, set several breaks exclusively for smokers, which will not be included in working hours pp. 1.2, 1.4, 1.5 of Appendix No. 7 to SanPiN 2.2.2/2.4.1340-03, approved. By Decree of the Chief State Sanitary Doctor dated 06/03/2003 No. 118. By setting such breaks, you can use the rules of rest when working on a computer x Art. 22 Labor Code of the Russian Federation. For example, allocate 5 minutes every hour for smoking. The provision of such breaks should be specified in the internal rules labor regulations(PVTR), which must be familiarized to the employee in clause 1 art. 5.27 Code of Administrative Offenses of the Russian Federation.

ERROR 4. Smoking area is not equipped

Smoking is prohibited in the workplace clause 1 art. 6 of the Law of July 10, 2001 No. 87-FZ. At the same time, the employer is obliged to designate a special place for smoking and equip it with clause 2 art. 6 of the Law of July 10, 2001 No. 87-FZ. Apart from the fact that such a place must be marked with a “Smoking area” sign, there are no other specific requirements for its equipment.

But when equipping this place inside the building, you can take advantage of the requirements for smoking rooms during the construction of buildings. Here are some of them clause 5.8 SP 2.2.1.1312-03, approved. Resolution of the Chief State Sanitary Doctor dated April 30, 2003 No. 88; pp. 5.19, 5.25, 7.2 SNiP 2.09.04-87, approved. By Order of the Ministry of Regional Development dated December 27, 2010 No. 782; pp. 8.5, 8.10, appendix D, table E. 3 SNiP 05/31/2003, adopted by Resolution of the State Construction Committee of June 23, 2003 No. 108:

• isolation from sanitary premises;
• the presence of exhaust ventilation;
• air temperature in the smoking room cold period year not lower than +16°C.

The costs of equipping such a place can be included in expenses that reduce taxable profit. subp. 6 clause 1 art. 264 Tax Code of the Russian Federation.

If there is no designated area for smoking, then firefighters may regard this as a violation of the fire safety rules and, accordingly, fine: the manager - in the amount of 6,000 to 15,000 rubles, the organization - in the amount of 150,000 to 200,000 rubles. clause 14 of the Rules, approved. Government Decree No. 390 dated April 25, 2012; ; Art. 20.4 Code of Administrative Offenses of the Russian Federation

By the way, despite the fact that the responsibility for arranging a smoking area rests with the employer, according to a Rostrud specialist, the employer’s failure to comply with this obligation is not a violation of labor legislation.

FROM AUTHENTIC SOURCES

“ According to the Law on the Restriction of Tobacco Smoking, failure by an employer to equip special smoking areas entails administrative liability. clause 3 art. 6 of the Law of July 10, 2001 No. 87-FZ.

However, to fine the employer in this case for violating labor legislation under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation is not possible, since the above-mentioned Law is not a normative act containing rules labor rights A Art. 5 Labor Code of the Russian Federation” .

Rostrud

As we see, the fight against employee smoking mainly turns against the employer himself. But sometimes an employee can still be punished for his bad habit. For example, if your PVTR stipulates a ban on smoking outside designated areas and sets a certain time for smoking breaks, and the employee will smoke in in the right place, but not in right time(not during an authorized break), then this will already be a violation of the PVTR and, accordingly, a disciplinary offense for which the employee can be reprimanded or reprimanded Art. 192 Labor Code of the Russian Federation. True, dismissing an employee in this situation will be quite problematic.

If you have set yourself the task of punishing an employee in rubles, then write, for example, in the regulations on remuneration and material incentives that for violating the PVTR the employee may be deprived of a monthly bonus.

The fight against tobacco addiction is gaining momentum and is already bearing fruit. That's it now more people give up their addiction, and some heavy smokers switch to vaping or arm themselves with various medications designed to help addicts. The fight against tobacco addiction also applies to passive smokers - the health of these people also suffers from toxic, carcinogenic smoke.

All measures aimed at the battle for clean lungs are also designed to protect non-smokers from carcinogenic smoke. At the same time, it is necessary to try not to infringe on the constitutional rights of both representatives. That is why (guided by Federal Law No. 87 of July 10, 2001 “On limiting the consumption of cigarettes”) work areas must be equipped with “smoking rooms”. And all requirements for smoking areas at the enterprise must adhere to the regulations of SanPiN and the fire inspection.

According to the Federal Law, smoking areas in enterprises must be properly equipped

If the authorities did not take care of the equipment and organization of special “smoking areas”, such an omission is regarded as a gross violation of the human rights of citizens of the Russian Federation. According to the Constitution of our country, violation of rights and the manifestation of any restrictions for any reason are unacceptable.

The Labor Code states that it is unacceptable to refuse to hire someone due to a person’s addiction to smoking. This refusal illegal and subject to appeal in the courts.

Since smoking is prohibited in the workplace, every employer is required to provide the necessary conditions for their smoker employees. These designated spaces must comply with all stated provisions.

What the law says

In February 2013, a new Federal Law No. 15 saw the light of day, which talks about the requirements to protect the health of non-smokers from negative influence on their body from tobacco smoke. The resolution also talks about the necessary instructions regarding the provision of specially designated places where smokers can indulge in their unhealthy addiction.

One of the developed models of a closed smoking room

Smoking is permitted with the permission of the owner of the property/premises or a person authorized to dispose of the property entrusted to him. According to the law, the use of tobacco products is permitted in two places.

1. In designated areas open type or in separate rooms provided for common use and located in residential buildings. Provided there is ventilation.
2. In places equipped for this purpose, located under open air or premises. These areas must have built-in ventilation systems. Such areas are also organized on watercraft designed for long-distance travel (for passengers and crew members).

All necessary requirements, necessary for implementation, are prescribed in Order No. 321 of the Ministry of Health and the Ministry Regional Development RF. The decree was approved in July 2013.

General terms

The installation of smoking areas at an enterprise is not permitted on those sites or facilities where smoking is prohibited by current legislation. Permitted smoking areas are areas isolated from all other areas that are directly related to production activities.

Smoking areas are required by law in those enterprises where the total number of employees is more than 200 people. “Smoking rooms” are not allowed to be installed in:

• canteens;
• medical centers;
• public bathrooms;
• sanitary places;
• rooms equipped for relaxation.

One of the requirements of the smoking room is the presence of metal ashtrays and the presence of fireproof coatings (floor, walls and ceiling)

An important condition for arranging a smoking area are the nuances of the placement of the “smoking room”. These rooms must be located so that cigarette fumes do not penetrate into various domestic/industrial neighboring areas. Also, in order to avoid unnecessary loss of working time, the distance from the workplace itself to the smoking area must be:

• up to 75 m (in work/office buildings);
• up to 150 m (in street areas adjacent to work).

Wherein minimum distance must be kept within 5 meters. That is, “smoking rooms” are prohibited from being installed in places closer to the production area than 5 m.

Fire code requirements

According to established rules fire safety, all areas allocated for the needs of smokers must meet a number of strict requirements. They are as follows:

1. In the “smoking room” itself, the walls, ceiling and floor are lined with any fireproof materials (tiles, metal or glass).
2. In the presence of flammable objects, including all paint and varnish products, they must be treated with special fire-resistant compounds.
3. The presence of ballot boxes is also necessary. They must be metal. Placing them near flammable surfaces/materials that have not been treated with fire protection is strictly prohibited.
4. Each smoking room must have a special sign “Smoking area”, according to GOST R 12.4.016-2001. This is a prescriptive sign in the form of M15, measuring 200x200 mm. The “Smoking Area” sign is made of heat-resistant plastic.

Sanitary standards requirements

According to the established rules of the sanitary inspection services, all designated areas for smokers must be well ventilated. In this case, tobacco smoke should not penetrate into various neighboring places. Otherwise, “smoking rooms” are equipped with built-in ventilation.

Power ventilation systems in separate smoking rooms, must comply with the standards prescribed by the dignity. requirements according to SNiP No. 31-05-2003.

They state that the air exchange of operating ventilation systems should be 10 or more cubic meters. m/hour During cool seasons temperature regime isolated "smoking rooms" according to the prescription is from +16⁰С.

Smoking areas are marked with special signs.

Necessary conditions for isolated “smoking rooms”

When equipping smoking areas located in buildings, management must adhere to existing regulations. According to these recommendations, all smoking areas must be equipped with:

• ventilation system;
• artificial light;
• working fire extinguisher;
• ashtrays in the required quantity;
• a special sign-plate “Smoking place/area”;
• a tightly closing door or other device that does not allow smoky air into adjacent rooms;
• complaint leaflets and printed materials talking about the harmfulness of tobacco addiction to a person and the consequences that a dangerous addiction leads to.

Necessary conditions for “smoking rooms” in open areas

If smoking areas are equipped outdoors, they also have a number of strict conditions. These “smoking” areas are required to be equipped with:

• ashtrays;
• indicating sign “Smoking area”;
• artificial light (which must work in the evenings);
• various educational brochures, leaflets about the harmfulness and consequences of smoking.

Where smoking is always prohibited

According to the Federal Law, approved in February 2013 No. 15, which states that the health of the country’s citizens is protected from the negative effects of tobacco smoke, smoking cigarettes/tobacco is prohibited in some places. These are the following areas where you will have to pay a hefty fine for smoking:

• hotel complexes;
• gas stations;
• catering establishments;
• trading places (shops, markets, bazaars, fairs);
• premises where various social services are provided;
• passenger platforms where people board/disembark;
• public beaches and places specially equipped for swimming;
• street areas at a distance of up to 15 m from the entrance to these institutions;
• medical health resorts, hospitals, clinics, clinics, emergency rooms;
• institutions related to the provision various types services to the population;
• buildings and institutions for the provision of general educational services, including sports;
• public transport (including city, water, ground, underground and air);
• organs government agencies, administration and local government buildings;
• public places for residents of residential buildings (stairs, landings, elevators, attics, strollers, access areas);
• areas intended for children's recreation, including playgrounds, kindergartens, nurseries and adjacent areas).

All areas and places where smoking is prohibited must be equipped with a special prohibition sign. The requirements for the design of such an index are established by Order of the Russian Federation of May 2014 No. 214. This sign placed at each entrance to the building, territory and all objects included in the list of places prohibiting smoking.

What awaits you for failure to comply with an order?

If the requirements of the Legislation are violated, various administrative penalties come into force. They are indicated in monetary terms. So what awaits the violators?

What an outdoor smoking area might look like

Directly from the smokers themselves:

1. Smoking cigarettes on children's playgrounds: 2,000-3,000 rubles.
2. Smoking in places prohibited by law: 500-1,500 rubles.
3. Involving a minor child in the smoking process: 1,000-2,000 rubles. In this case, persons who, at the request of teenagers, buy them cigarettes or treat them with tobacco products are subject to punishment.

Legal entities and officials:

1. In case of failure to fulfill obligations related to the placement of special signs prohibiting smoking: legal entities are subject to a fine of 30-60,000 rubles, officials: 10,000-20,000 rubles.
2. In the case where the enterprise does not have special smoking areas (also if they are improperly equipped in isolated rooms and outdoors), the legal entity will be punished with a fine of 50,000-80,000 rubles, and the official will have to pay 20,000-30,000 rubles.
3. If an entrepreneur or other legal entity a person fails to fulfill his duties to monitor and implement the law prohibiting smoking in public places, he will also be subject to a large fine. For individual entrepreneurs it is 30,000-40,000 rubles, for other organizations: 60,000-90,000 rubles.

But despite everything favorable conditions, which remain for smoking citizens, these individuals should think about their own health. Remember that for five minutes of pleasure you sometimes have to pay with many fatal diseases and become disabled.

So are comfortable places for smokers and attentive attitude towards them worth the Law? own health? Think better about how and what you should do to quit smoking altogether. You shouldn’t put your only health on the line; no cigarettes are worth it.

Smoking is a very common bad habit: people smoke both during leisure and at work. To limit the negative impact of tobacco smoke on non-smoking workers, as well as to eliminate other negative consequences special rules have been established by law regarding smoking during the working day.

What regulations regulate smoking in work time? What is the responsibility for violating them?

The right to smoke at work

the federal law dated July 10, 2001 No.87‑FZ “On restricting tobacco smoking”(Further - Federal Law No.87‑FZ) determines legal basis restrictions on tobacco smoking in order to reduce morbidity among the population. Smoking tobacco directly refers to inhaling the smoke of smoldering tobacco products. Ambient tobacco smoke is defined as tobacco smoke contained in atmospheric air closed premises, in which tobacco smoking is carried out.

For your information:

Tobacco products are products for smoking, chewing or snorting, packaged in consumer packaging, including filter cigarettes, non-filter cigarettes, cigarettes, cigars, cigarillos, pipe tobacco, smoking tobacco, shag (smoking nibs).

According to Art. 6 Federal Law No.87‑FZ in order to reduce harmful effects tobacco smoke prohibited smoking tobacco in the workplace , in urban and suburban transport, in air transport with a flight duration of less than three hours, indoor sports facilities, healthcare organizations, cultural organizations, in territories and premises educational organizations, in premises occupied by organs state power, with the exception of smoking tobacco in specially designated areas.

For your information:

According to Art. 209 Labor Code of the Russian Federation Workplace means a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

At the same time, in clause 2 art. 6 Federal Law No.87‑FZ The employer is responsible for equipping specially designated places for smoking tobacco.

The question of whether an employer can completely ban smoking at work is controversial. Some experts note that such a ban established in a local legal act will be legal. However, in our opinion, the law directly implies the employee’s right to smoke in specially designated places, and the employer is directly obliged to create such places. In addition, the acts discussed below provide for the mandatory creation of smoking areas, which confirms our point of view.

As for the time for smoking, these can be breaks specifically set by the employer for this or any other breaks for rest. Let us remember that due to Art. 91 Labor Code of the Russian Federation working time is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and regulations legal acts RF refer to working time. Rest time means the time during which an employee is free from performing work duties and which he can use at his own discretion. According to Art. 107 Labor Code of the Russian Federation types of rest time are breaks during the working day (shift), daily (between shifts) rest, weekends (weekly continuous rest), non-working days holidays, vacations. There are no special breaks for smoking.

Smoking areas

First of all, you need to refer to fire safety standards. So, in clause 6 of the Fire Safety Rules (PPB 01‑03), approved By order of the Ministry of Emergency Situations of the Russian Federation dated June 18, 2003 No.313 , it is established that at each facility instructions on fire safety measures must be developed for each explosion-hazardous and fire-hazardous area (workshop, workshop, etc.) in accordance with Appendix 1 to this document. According to Appendix 1, instructions on fire safety measures should be developed on the basis of fire safety rules, regulatory, technical, regulatory and other documents containing fire safety requirements, based on the specific fire hazard of buildings, structures, technological processes, technological and production equipment. Instructions on fire safety measures, among other issues, must reflect issues related to smoking areas, the use of open fire and hot work. In addition, the norms clause 15 of the Fire Safety Rules Each organization is obliged by an administrative document to establish a fire safety regime that corresponds to their fire hazard, including designated and equipped smoking areas. Thus, fire safety rules impose on the employer the obligation to define in local regulations and specially equip smoking areas.

For your information:

Fire safety rules establish fire safety requirements, mandatory for application and execution, including by organizations, regardless of their organizational and legal forms and forms of ownership, their officials, entrepreneurs without forming a legal entity in order to protect the life or health of citizens, property of individuals or legal entities, state or municipal property, environmental protection.

Provisions on smoking areas are also contained in Sanitary and epidemiological rules SP 2.2.1.1312‑03, approved by the Chief State Sanitary Doctor of the Russian Federation on April 22, 2003 No. 88. Among the requirements for administrative and household buildings and premises is the following: smoking areas are designed when all groups are working production processes and in order to avoid contact of non-smokers with tobacco smoke, they are isolated from all sanitary premises.

In addition, there are legal norms, which establish specific requirements for smoking areas. For example, smoking areas should be good system ventilation so that tobacco smoke does not interfere with other workers doing their work. The requirements for such a system are provided SNiP 31‑05‑2003. Public buildings administrative purpose, adopted and put into effect Resolution of the State Construction Committee of the Russian Federation dated June 23, 2003 No.108 , according to which the volume of external supply air must be at least 10 rpm during working hours (in maintenance mode) and 0.5 rpm during non-working hours (in idle mode). That is, the ventilation system must provide an air exchange volume of 10 cubic meters. m/h. According to a document such as SP 44.13330.2011. Set of rules. Administrative and domestic buildings. Updated version of SNiP 2.09.04‑87, approved By order of the Ministry of Regional Development of the Russian Federation dated December 27, 2010 No.782 , the air temperature in smoking rooms in the cold season should be no lower than 16 ° C, and the air exchange rate is at least 10 per hour. The estimated temperature and humidity during the warm period of the year are not standardized. In addition, it is stipulated that the distance from workplaces in industrial buildings to smoking rooms should be no more than 75 m, for people with disabilities with musculoskeletal disorders and the blind - no more than 60 m, and from workplaces on the territory of the enterprise - no more 150 m. As for the area of ​​smoking rooms in restrooms or recreation rooms, it should be 0.02 square meters. m per person.

Mandatory signs and fire safety signs are defined GOST R 12.4.026‑2001, adopted and put into effect Resolution of the State Standard of the Russian Federation dated September 19, 2001 No.387‑st. In smoking areas at production facilities there must be a mandatory sign M 15 “Smoking here”. In places where smoking can cause a fire, on the doors and walls of rooms, areas where there are flammable and flammable substances, or in rooms where smoking is prohibited, sign P 01 “No smoking” is placed.

Liability Issues Related to Smoking in the Workplace

Clause 3 of Art. 6 Federal Law No.87‑FZ it is established that violation of the provisions banning tobacco smoking in the workplace, as well as the employer’s failure to fulfill the obligation to create special smoking areas entails administrative liability in accordance with the law. However, the Code of Administrative Offenses of the Russian Federation does not provide for special measures of liability for these acts.

Some experts believe that an employer, if he violates the rules on special smoking areas, can be held liable for Art. 5.27 “Violation of labor and labor protection legislation” of the Code of Administrative Offenses of the Russian Federation, according to which violation of labor and labor protection legislation entails the imposition of administrative fine at the rate of:

For officials - from 1,000 to 5,000 rubles;

For persons carrying out entrepreneurial activity without forming a legal entity - from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days;

For legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days.

Violation of labor and labor protection legislation by an official who has previously been subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years.

Failure to comply with the requirements regarding smoking areas provided for by fire safety rules may result in liability for Art. 20.4 “Violation of fire safety requirements” of the Code of Administrative Offenses of the Russian Federation. Thus, for violation of fire safety requirements, a warning or an administrative fine is imposed in the amount of:

For citizens - from 1,000 to 1,500 rubles;

For officials - from 6,000 to 15,000 rubles;

For legal entities - from 150,000 to 200,000 rubles.

In accordance with Art. 6.3 “Violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population and legislation on technical regulation” of the Administrative Code of the Russian Federation, violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population, expressed in violation of current sanitary rules and hygienic standards, requirements technical regulations failure to comply with sanitary, hygienic and anti-epidemic measures shall entail a warning or the imposition of an administrative fine in the amount of:

For citizens - from 100 to 500 rubles;

For officials - from 500 to 1,000 rubles;

For persons carrying out entrepreneurial activities without forming a legal entity - from 500 to 1000 rubles. or administrative suspension of activities for up to 90 days;

For legal entities - from 10,000 to 20,000 rubles. or administrative suspension of activities for up to 90 days.

As for the employee, for violating the rules on smoking, namely for smoking outside special places or at unspecified times, he may be subject to disciplinary action by the employer in the prescribed manner. According to Art. 192 Labor Code of the Russian Federation for committing a disciplinary offense, that is, for failure to fulfill or improper performance of the labor duties assigned to the employee, the employer has the right to apply disciplinary sanctions to him such as a reprimand, reprimand, dismissal on appropriate grounds. IN paragraph 35 of the Resolution of the Plenum Supreme Court RF from 17.03. 2004 No.2 “On the application by courts of the Russian Federation of the Labor Code of the Russian Federation” This definition of a disciplinary act is specified. Thus, failure by an employee to fulfill his or her labor duties without good reason is understood as non-fulfillment or improper fulfillment, through the fault of the employee, of the assigned labor duties (violation of legal requirements, obligations under employment contract, internal labor regulations, job descriptions, regulations, employer orders, technical rules, etc.). That is, a ban on smoking outside special smoking areas or at inappropriate times should be provided for in the internal labor regulations or other local act. Otherwise, the employee cannot be subject to disciplinary liability.

In conclusion, we note that smoking in the workplace is prohibited by law. In this case, the employer is obliged to create special smoking areas in accordance with established requirements. The issues of liability for violation of these provisions are not addressed in the current legislation. So, special measures There is no administrative liability; only liability standards for violation of fire safety, sanitary-epidemiological and other legislation can be applied. For violation of the rules on smoking, an employee can only be brought to disciplinary liability in accordance with the norms of the Labor Code of the Russian Federation.

Anatoly Pavlovich SHEVCHENKO, lawyer of the Chunsky branch of the Irkutsk Regional Bar Association (IOKA), answers readers' questions.

I work in a government agency and during the day I leave the building several times for a smoke break. Recently, my boss began to complain to me about my absence from work due to smoking breaks. Tell me, don’t I have the right to manage my rest time at my own discretion? Can I be banned from smoking at work?

Undoubtedly, smoking is a very bad habit, widespread in our time, because people smoke both at work and outside of work. The Law “On Restricting Tobacco Smoking” defines tobacco smoking as inhaling smoke from smoldering tobacco products, which include filtered and non-filtered cigarettes, cigarillos, cigarettes, smoking and pipe tobacco, shag, and so on. The above law prohibits smoking in urban, suburban, air transport, on territories and in premises educational institutions, public authorities, in indoor sports facilities, cultural and healthcare institutions, as well as in workplaces, with the exception of special places designated for this.

The Labor Code (LC RF) determines that workplace- this is the place where the employee should be, where he should arrive in connection with his work, and which is directly or indirectly controlled by the employer (Article 209 of the Labor Code of the Russian Federation). The time for smoking can be determined by the manager in the form of special breaks. The employee can also use time during any other breaks for rest. Working time (Article 91 of the Labor Code of the Russian Federation) refers to the time during which an employee must perform his work duties, as well as other periods that, according to the law, relate to working time. Rest time is the time when an employee is free from performing duties and can use it at his own discretion (breaks during the working day, daily rest, weekends, non-working and holidays, vacations (Article 107 of the Labor Code of the Russian Federation). But please note that Trudov The Code does not establish special breaks for smoking.

On June 1, 2013, Federal Law No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” came into force, prohibiting smoking in workplaces and work areas. However, an employee who violates the provisions of this law cannot be fired. At the same time, an employee can be fired for failure to comply with the employer’s local act communicated to employees, that is, internal labor regulations and/or gross violation of fire safety rules. To do this, the employer’s local act must stipulate a ban on smoking outside designated special smoking areas (clause 3 of part 1 of Article 10 of the law, clause 14 of the fire regulations in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 2012 N390) and outside the hours established by the employer for smoke breaks (Article 107 of the Labor Code of the Russian Federation).

An employee who violates such provisions is subject to disciplinary action in accordance with the rules of Article 193 of the Labor Code of the Russian Federation. If the employee has disciplinary action You can deprive him of his bonus (in whole or in part) for failure to comply with one of the conditions for bonuses established by the regulations on remuneration and bonuses of the company, or he can be fired under Part 5 of Article 81 of the Labor Code of the Russian Federation. Also know that if you take another smoke break at your workplace at an inappropriate time, your manager can easily accuse you of being absent from work. For this you can easily get a reprimand or reprimand.

Of course, the boss can officially allow smokers to smoke in specially designated areas. But for the employer, this option is the least acceptable, since allowing smoking means that every hour employees will use this opportunity, which will lead to a reduction in working time by one and a half to two hours. You won’t deny that in order to smoke, you will have to get dressed, leave the building, go to the smoking room, smoke, talk about life with your smoking colleagues and return to your workplace. Now the working day has become shorter by 15-20 minutes, and such smoking breaks are accumulated from four to six, or even more, per day.

So look at yourself from the perspective of your superiors, and also through the eyes of non-smoking colleagues who work during your smoking breaks. We should not forget about one more side of this issue. Namely, about communication between employees and clients, because representatives of many professions are focused specifically on working with visitors. And you must admit that it is quite unpleasant to communicate with a consultant or administrator who reeks of tobacco, not to mention hairdressers, massage therapists, cosmetologists, doctors or nurses. In a word, those who, while working, are in close proximity to the client’s face.

Of course, in our time, smokers are oppressed: terrible photographs are printed on cigarette packs, tobacco products are hidden behind curtains in stores, there is propaganda healthy image life, but smokers actively resist. At the same time, non-smokers present their arguments, and smokers defend their rights. In addition, heads of institutions introduce fines for smoking during working hours and give gifts to those who do not smoke. But if a person smokes and does not want to give up this addiction, no reasonable arguments will convince him, he will still smoke.

How should management deal with employees who cannot refuse this bad habit, and at the same time not limit the rights of non-smoking employees. The time for smoking can be determined by the manager in the form of special breaks, which will be fixed in local regulations at the enterprise. The employee can also use time during any other breaks for rest.

Owners of this bad habit, by law, do not have the right to demand from the employer either permission to smoke in the workplace, or allotment of special breaks for them, but you can politely talk to your boss about establishing such breaks and setting up a smoking room in the room. And if the boss himself is a smoker, then perhaps your proposal will find understanding. If you don’t agree, all you have to do is look for a secluded place on the street, or even better, quit smoking completely! Research shows that workers who smoke take three more sick days each year than non-smokers. Scientists have found that smokers get sick more often and for longer, which is why the fight against smoking and carrying out appropriate work with personnel can be cost-effective for both the employer and for you, dear smokers.