It's no secret that unfavorable temperature conditions indoors or outdoors reduce the performance of employees, regardless of whether it is low or high. In order to comply with sanitary and epidemiological standards and carry out labor protection measures, the legislation provides for certain measures that make it possible to facilitate the work activities of employees and reduce the risk of a threat to the life and health of the population. In the article we will look at how long you can work in the heat in the office or on the street in accordance with labor legislation and what responsibility the employer has in this case.

Labor legislation on working in hot weather

Today, the most significant document in the field of labor protection at elevated temperatures is SanPiN 2.2.4.548-96, which contains important and current information according to hygienic requirements for microclimatic conditions in production premises. It contains data on which temperature regime is favorable for labor activity, and which is acceptable, at which the production process can be carried out as before, if there is no way to achieve the optimal regime.

According to the Labor Code of the Russian Federation, the employer must provide all its employees with normal working conditions that will fully comply with norms and standards in the field of labor protection.

Optimal and permissible temperature conditions for operation

According to SanPiN 2.2.4.548-96, the temperature regime in the premises can be divided into two types:

It is necessary to understand that the extreme values ​​of the permissible temperature regime do not affect changes in the working regime only if the production process requires it. There are certain conditions and circumstances under which the duration and mode of the working day cannot be changed, and this point is associated with the following factors:

• the technological requirements for performing operations are such that the processes must be carried out at extreme values ​​of the permissible temperature regime;
• the economic justification is related to the inexpediency of changing the working hours due to changes in temperature and microclimate of the premises.

It should be borne in mind that each position in the company has its own permissible temperature regime, depending on what kind of functional responsibilities are assigned to the employee. The indicators indicated in the table are acceptable for office employees who spend most of their time in a sedentary state. However, if we take into account production workers who perform heavy physical labor, then for them the boundaries of the permissible temperature regime are somewhat narrowed.

If an employee works under acceptable temperature conditions, this does not cause acute changes in the human body, but it does cause him some discomfort. In this case, there is an increase in body temperature, deterioration in well-being, disruption of the thermoregulation process and, as a result, a decrease in human performance. In a situation where the temperature reaches a limit and becomes excessive, management must take certain actions aimed at improving working conditions - either installing air conditioning systems, or reducing working hours, or compensating for harmful conditions production process.

In the case when the temperature regime is outside the boundaries permissible level a fairly short period of time, that is, within a few hours the microclimate is normalized to an acceptable level, the length of the working day does not change.

Changing operating mode in hot weather

If the temperature regime exceeds the permissible level, the employer has the right and obligation to reduce working hours depending on how much the temperature exceeds the permissible values. In this case, a special order is created for the enterprise, which indicates which positions will have their working hours reduced and by how much. This document is based on temperature measurements carried out by a commission specially created for these purposes. She draws up a protocol that clearly indicates all changes in temperature over time, and on the basis of such a protocol, an order is issued from the manager to change the operating mode at the enterprise.

By the way, the reduction may be different for different categories of employees, and this point depends on what specific functional duties a particular employee performs. So, all positions can be divided into 3 groups:

1. category Ia-Ib. This group assumes low energy consumption up to 174 W and covers employees who perform their work while sitting with little physical strain or small movements;

1. category IIa-IIb. This group includes employees with energy consumption from 175 to 290 W, who perform their work while constantly moving and carrying little large items with an average level of physical stress;

1. category III. This group includes employees who produce energy expenditures of 291 W or more, perform work using significant physical effort with constant movement and carrying heavy bulky objects or performing complex production operations.

Rospotrebnadzor, as one of the regulatory bodies in the field of labor protection, has developed appropriate recommendations for working in the hot season, when the thermometer rises to a fairly high level. They concern both the direct employer and employees forced to work in difficult temperature conditions. As for the first, the employer, in accordance with the adopted legislation, is obliged to provide acceptable working conditions for its employees or reduce working hours in accordance with changes in the microclimate in the premises. According to the second point, employees are also required to independently take measures to preserve life and health during the hot season. These include:

• the working period should be divided into temporary breaks, and their number directly depends on the temperature environment outdoors or indoor microclimate;
• it is necessary to transfer work to outdoors in the morning or evening hours, until the temperature reaches its maximum;
• during the hot season, employees aged from 25 to 40 years are allowed to work;
• should be used special clothes made of dense fabric to protect against excessive thermal radiation;
• organize a competent drinking regime, consisting of drinking water high temperature– approximately 15 0 C, as well as the consumption of salted or alkaline water in order to replenish the mineral salt reserve and microelements in the body;
• eating more fruits and vegetables.

Working in hot weather indoors or outdoors

Work in office space or outdoors at elevated temperatures should be carried out within the time period established by law. The normal working day is established when the temperature is within the following limits:

More information about the working conditions related to labor protection can be found in SanPiN 2.2.4.548-96, which, in addition to the temperature regime, also specifies other environmental indicators, including relative humidity air, the intensity of thermal radiation from devices and equipment, the speed of air movement. These characteristics should also be given increased attention, since they directly affect people’s well-being, their health and performance.

Responsibility for ignoring the norms of the Labor Code of the Russian Federation

Responsible for creating comfortable conditions for performance job responsibilities is the employer represented by the immediate supervisor, heads of departments or a labor protection specialist. In addition, workers themselves must ensure that they have acceptable working conditions, and if any violations are detected, contact a labor protection specialist or to the immediate supervisor(see →).

When such a message is received, the employer is obliged to measure the temperature indoors or outdoors, recording its changes over time. If it detects a significant increase in temperature, it can use several options:

1. install an air conditioning and ventilation system;
2. transfer employees to workplaces with optimal or acceptable temperature conditions;
3. take frequent breaks during the working day;
4. reduce working time depending on the thermometer readings.

If the employer does not use any of the proposed solutions to the problem, the labor inspectorate has the right to hold him accountable, since he violates the norms of labor and sanitary-epidemiological legislation. In this case, regulatory authorities have the right to:

In addition, Rospotrebnadzor has the right to bring the employer to administrative responsibility, that is, to initiate an administrative case against him. This action is possible provided that the fact of a threat to the life and health of employees working at the enterprise is reliably established.

4 interesting questions about working in the hot season

Question No. 1. If the employer has not responded in any way to a message that the temperature is outside the acceptable level, is it possible to suspend work?

According to the Labor Code of the Russian Federation, if such a situation arises, the employee has every right refuse to perform his official duties. In this case, he must notify his employer about this in writing. Such behavior should not be considered a disciplinary offense, and there should be no reprimand from the employer for it.

Question No. 2. What document must be drawn up for an employee to refuse to perform job duties when the temperature is unacceptable?

If such a negative situation occurs, the employee is obliged to provide the employer with a notice indicating the reason for the suspension of the production process, as well as a report on the identification of violations of labor protection requirements. In this case, the documents must be drawn up in two copies, one of which, signed by the accepting employee, remains in the employee’s hands.

Question No. 3. If documents are not accepted or accepted, but no action is taken on them, or the employee is given absenteeism, where can one turn for help in resolving a conflict situation?

In this case, it makes sense to contact the labor inspectorate, whose employees must necessarily respond to the established fact of the offense. In addition, it would be useful to contact the Trade Union, whose main goal is to protect the interests of working people.

Question No. 4. If an employee was fired for absenteeism, which was not absenteeism, but a forced cessation of work due to high temperature, where can one turn?

If such a situation arises, it is necessary to contact the labor inspectorate, Rospotrebnadzor, and, if necessary, file a lawsuit to consider the case of unlawful dismissal of the employee.

Almost all citizens of the country spend most of the day for several decades at work. To prevent the health of workers from deteriorating due to employment at a particular enterprise, the law obliges employers to take care of creating a comfortable microclimate in office premises. It would seem that the work of office employees cannot be considered difficult, but the performance of their duties is associated with physical inactivity (lack of body mobility), which means that incorrect temperature conditions will affect the health of staff quite quickly. It is for this reason that legislation strictly regulates sanitary temperature standards in the office.

Why sanitary temperature standards in the office must be complied with?

Employees who spend the entire working day in the company's office are engaged in mental work - they draw up documentation, work at the computer, negotiate with clients and counterparties, solve operational problems, respond to correspondence, develop projects, etc. What unites the listed functions is that they are all performed in a sitting position - office employees suffer from physical inactivity, that is, lack of movement. This mode of operation has a negative impact on health, and unfavorable temperature conditions only aggravate the situation.

Scientists have conducted many studies, the results of which have shown that a temperature deviation from the norm within just one degree has such a negative impact on the efficiency of office work that it is advisable for the employer to shorten the working day if it is not possible to ensure an optimal microclimate in the room. It follows that the employer is obliged to comply with sanitary temperature standards in the office, not only because this is required by law, but also due to a sharp decrease in staff productivity.

What is meant by comfortable working conditions and optimal conditions?

To make the work of office staff more efficient, the employer needs to create comfortable working conditions. But the concept of comfort is subjective - each employee may have his own idea of ​​comfortable working conditions, everything depends on individual preferences, and this fully applies to temperature conditions. One employee prefers the office to be “fresh,” while another complains about the air conditioning and a persistent runny nose. How, in this case, can an employer determine the “right” temperature reading?

In fact, the concept of “comfort” is not used in regulations and official documents. Therefore, the employer is not obliged to conduct surveys among workers to find out what air temperature they give their consent to. In professional vocabulary the term “optimal conditions” is used. The optimal air temperature in an office space was determined through many complex physiological studies and calculations, taking into account the average human needs. And the employer can only comply with the developed standards given in regulatory documents.

Sanitary temperature standards in the office - SanPiN

The employer can find all the necessary information regarding sanitary standards, including those related to air temperature in the office, in SanPiN - sanitary rules and standards - which are a special code that defines optimal health and hygiene standards for various areas human life activity, including employment. SanPiN is mandatory for use, since this documentation is legislative (Article 209 of the Labor Code of the Russian Federation, Article 212 of the Labor Code of the Russian Federation).

The list of specific measures that employers need to take to ensure an optimal working microclimate is given in the text of Article 163 of the Labor Code of the Russian Federation.

Important! Sanitary temperature standards in the office are given in the text of SanPiN 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises,” the standards of which were adopted in accordance with Federal Law No. 52 of March 30, 1999.

Office temperature requirements in summer and winter

Since in summer and winter the employer provides optimal temperature in different ways, the requirements for the microclimate also differ. SanPiN obliges employers to take certain measures if the temperature cannot be established.

Prolonged exposure to high temperatures has a detrimental effect on the health of employees and their performance. The situation is getting worse closed windows, large crowds of people, high air humidity, working office equipment, the presence of a dress code at the enterprise. Cold offices don't help either good health And efficient work, especially for employees who cannot warm themselves by moving. For some production workers, a short-term temperature drop of up to 15 C is acceptable, but not for office workers. The permissible temperature range is as follows:

Important! Installation of an air conditioner and its timely maintenance is the responsibility of the employer, and collecting money from employees (or withholding funds from salaries) for climate control equipment is unacceptable.

If an employer does not comply with sanitary temperature standards in the office, legislation allows employees to arbitrarily reduce their working hours depending on the thermometer readings:

For efficient production of products and comfortable conditions in the workplace, room temperature remains an important aspect, but what is its norm? What losses will he suffer if this condition is not met?

The employer's obligation to ensure temperature standards

Labor legislation regulates the requirements for activities. When complying with these standards, the employer bears responsibility. Such measures also include maintaining the temperature regime in the room. Air temperature affects the productivity of the labor process, and if it is lower or higher than normal, then this is considered a deviation.

The manager is obliged to put this indicator in order and ultimately ensure that the temperature indicator reaches the required level.

For violation of sanitary standards and failure to comply with rules for creating comfortable working conditions, the manager is subject to administrative liability. He may be fined 20,000 rubles, and a ban on the right to engage in this type of activity will be imposed for some time. During downtime, the manager is obliged to pay the employee average earnings, which will entail losses for the organization.

Recording the fact of violation of sanitary conditions is entrusted to the Hygiene Service. Therefore, the best solution would be for the employer to monitor the condition of workplaces during temperature changes, as well as timely response to employee requests.

What is SanPiN

Based on legal requirements, it is the responsibility of employers to ensure safe work in the workplace, this includes maintaining the required temperature. The Sanitary Standards specify all the microclimate indicators in which an employee can work.

Based on these standards or according to production control programs at the enterprise, regulatory authorities take measurements. They may be:

1. Planned, laid down in a pre-developed or agreed schedule.
2. Unscheduled, which are carried out directly to check the condition of the workplace.
3. When conducting a special assessment of working conditions.

The data is reflected in, the latter are drawn up in two copies, one of which is stored by the employer, and the second by the organization that carried out the measurements. Also, the air temperature in the room can be monitored daily using a thermometer, the main thing is that the device is verified in a timely manner and the verification period is not overdue.

Standard temperature indicators are indicated in SanPiN.

About temperature conditions

Temperature conditions and operating time

Temperature when it’s summer outside, according to the law, it must be ensured by the following rules:

• if the working time is 8 hours, then no higher than 28 0 C;
• for 5-hour operation the maximum value is 30 C;
• if the work takes 3 hours, then - 31 0 C;
• if you are supposed to be at the workplace for 2 hours, then - 32 C;
• for hourly work - 32.5 0 C.

If the temperature exceeds 32.5 C, then it is considered dangerous for human body. The best solution for the manager there will be the installation of air conditioners or fans, and there is also an opportunity by administrative document to reduce the number of jobs.

Temperature in winter time should not be below 20 0 C, otherwise the worker will not be comfortable. In this case, it is necessary to install separate heating systems or reduced work hours.

The Labor Code of the Russian Federation also establishes standards for working at low temperatures:

• with a 7-hour work shift, work is allowed at 19 0 C;
• if an employee is at the workplace for 6 hours, then - 18 0 C;
• at 5 hours of exposure - 17 0 C;
• if 4 hours, then - 16 0 C;
• with a 3-hour work shift - 15 0 C;
• if 2 hours, then - 14 0 C;
• 13 0 C at 1 hour of operation.

According to the standards, if the room temperature is less than 13 0 C, then this is considered a critical level and working in this mode is harmful to health.

It turns out that in summer period the temperature in the room or production area should not exceed 28

C, and in winter it should reach 20 0 C.

How are professions classified?

Temperature standards differ and are classified differently for each category.

1. First a. When energy consumption is about 139 W. This is a fairly low load, thus fixed work while sitting, with minimal movements.
2. First b. If energy costs range from 140 to 170 W. These are also minor loads, but work is assumed both sitting and standing.
3. Second a. From 175 to 232 W. This refers to moderate physical exertion. In this case, it is necessary to regularly walk and move light weights.
4. Second b. From 233 to 290 W. The load is quite active, but moderate. Loads weighing up to a kilogram are moved in a sitting position.
5. Third. Energy consumption in the workplace is up to 290 W. That is, the employee walks intensively, and production activity requires significant physical activity.

Some managers believe that the higher the category of employee, the greater the need to comply with workplace standards. But this is wrong, since every employee has the right to work in comfortable conditions. Therefore, the rules apply to everyone and must be followed in full.

Actions of an employee if the manager does not comply with the temperature regime

The temperature regime is not maintained: what to do?

Often, enterprises violate standard temperature indicators, but what to do? Should I continue working or should I try to resolve this issue with my employer?

There are several options for contacting your manager or other authorities:

1. Approach the manager and discuss that it is impossible to be on the site, much less work. Of course, you can take several employees with you so that they can verbally confirm the fact of this circumstance.
2. But unfortunately, this does not work in all cases, although any manager is obliged to respond to such requests.
3. Write a paper asking for heaters to be installed. In this case, it is advisable to collect the signatures of several workers at the same time. You should approach your boss with such a paper, but if in this case there is no reaction, then you should pass the document through the secretary, or even better, put the incoming number. It is better to keep a copy of the document in hand until the issue is resolved.
4. When there is no action from the employer, it is recommended to write complaints to Rospotrebnadzor. Of course, inspections will immediately begin, which will end with the imposition of penalties, which will entail a conflict. But many employers only begin to do what they are supposed to do in this way.
5. It is also possible to file a complaint with the labor inspectorate, but this will also end in inspections and penalties.

Any employee has legal grounds to demand that the employer respect his rights.

How to eliminate violations

Those noted for non-compliance with the temperature regime in the workplace can be eliminated and this will not require special efforts on the part of the employer.

In the summer, you can install air conditioners or fans, turn on exhaust ventilation, if this helps normalize the regime. In the cold season, you cannot do without additional heaters, and it also makes sense to check the performance of the heating systems.

The employer must take all possible measures to achieve normal microclimate indicators and these values ​​must be noted in the protocols.

Watch the video that new SanPiN standards have come into force in Russia since 2018:

Form for receiving a question, write yours

What external factors affect employee performance? This question, of course, should be asked by any manager 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, in enterprises both small and large, temperature standards in 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 work fully while 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 standards for temperature in the workplace. The regulations contained in them apply to absolutely all companies and all employees (regardless of the size of the company and its nationality).

All information in the standards can be divided into two main blocks: temperature recommendations for various categories of employees and the employer’s responsibility for violating them. Among other things, the standard air temperature in the workplace is regulated by Article 212 Labor Code our country, which states that the employer is obligated to ensure favorable conditions and the regime for work and rest of their employees.

How to protect yourself in the workplace?

What can an employee do if the temperature in the workplace is above normal? If a person realizes the real risks to his health in such a situation, then it is quite possible to temporarily refuse to perform his job duties. To do this, it is necessary to draw up an official written statement and submit it to senior management.

The document must contain information that the implementation of the provisions provided for by the prisoner employment contract work poses certain health risks. It would also be useful to refer to Article 379 of the Labor Code, which contains information about the legality of such intentions. If the paper is drawn up according to all the rules, then the employee not only will not lose, but will also retain all existing rights. However, you should not overdo it in your desire to take a break from work; it is likely that your superiors will offer you alternative options.

How to get around the law without breaking it?

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

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

summer workplace temperature

Of course, office workers are most concerned about temperature standards in the workplace, but it’s difficult to say what causes this trend. It should be noted that managers, secretaries and other intellectual workers are classified as workers with little physical activity. It is generally accepted that their normal temperature should range from 22.2 to 26.4 (20-28) degrees Celsius. Any deviation from the established figures should lead to a reduction in working hours. The reduction scheme looks like this:

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

Using a similar algorithm, the time required to perform work duties in the office is reduced to a temperature of 32.5 degrees above zero. With such initial data, work is allowed for no more than one hour. With the above work, it is completely necessary to cancel or move 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 are much less common). What is the minimum permissible norm temperature in the workplace? First, let's discuss the algorithm of the day in cool conditions for office employees. The number of working hours for them begins to decrease from 20 degrees according to the following scheme:

• 19 degrees - 7 o'clock;
• 18 degrees - 6 hours;
• 17 degrees - 5 o'clock and so on.

The final mark of 13 degrees Celsius implies the work of an office employee in unheated room within one hour, with more low rates work needs to be canceled altogether.

It should be noted that the above standards apply exclusively to industrial and office premises; for social facilities, requirements also exist, but are slightly different. For example, the recommended temperature for clinics is about 20-22 degrees.

Classification of all professions

SanPin standards for temperature in the workplace differ for each category of employee. There are three main categories, of which two are also divided into additional subgroups:

• 1a. Energy consumption up to 139 W. Minor physical activity, performing work duties in a sitting position.
• 1b. Energy consumption from 140 to 174 W. Minor physical strain while performing duties that can be performed either sitting or 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, consisting of constant walking and moving loads weighing up to 10 kilograms.
• 3. Energy consumption from 290 W. Intense load that requires significant strength and impact. Involves walking and carrying large loads.

You should not assume that the higher the category of employee, the more scrupulously the temperature standards in the workplace must be observed in the summer and winter. In fact, the law requires that every person be protected very carefully. Moreover, people engaged in active physical labor can tolerate the cold much easier, since they have the opportunity to warm up from the efforts they make.

Where to go for help?

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

Where can you complain that temperature standards in the workplace are occasionally or regularly violated? Unfortunately, there is no institution officially dealing with this issue. However, if necessary, employees can send all their complaints regarding unsatisfactory organization of conditions in the workplace to the local labor inspectorate, which can record the complaint and initiate proceedings on it.

In addition to your wishes for organizing comfortable temperature at your company’s workplace, you can send it to Rospotrebnadzor; they will also help you resolve a controversial situation with your employer.

Amount of punishment and its types

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

How to eliminate violations?

How can you achieve the required temperature in the workplace in summer? Perhaps the only one in an efficient way The solution to this issue is to install modern air conditioners, as well as maintain current system ventilation on high level. None open windows and drafts will not help create comfortable conditions in the heat, but will only ensure the distillation of heated air from room to room. Another disadvantage of this method is high risks colds among persons in the premises.

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

Every employer must provide employees with optimal working conditions. People's productivity and health depend on them. Our government has developed rules, the implementation of which guarantees the safety and comfort of workers. They also include the standard temperature in the office. Hygienic requirements approved by the law “On the sanitary and epidemiological welfare of the population”. Adopted in 1999, the document obliges all employers to strictly comply with the rules.

Temperature standards

People who work in a mental capacity, who mostly work in offices, are sedentary. This has a negative impact on health. And when they have to work, freezing from the cold or languishing from unbearable heat, the situation worsens several times. To protect them, SanPiN rules were created that require maintaining a certain humidity and temperature in the office. Unfortunately, not all employees are aware of them, and employers, taking advantage of this, do not fulfill their responsibilities.

The rule clearly states that the temperature standard for people working in the office for 8 hours should be:

• in summer - from 23 to 25°C;
• V winter period- from 22 to 24°C;
• permitted deviation from the norm - 1-2°C;
• The maximum temperature fluctuation on the thermometer during the day is 3-4 °C.

In addition, the regulatory documents specify the permissible humidity in the workplace. It varies from 40 to 60 percent. Maximum speed wind speed is from 0.1 to 0.3 meters per second. Therefore, the boss has no right to force people to work in a draft or in close proximity to a functioning air conditioner. If your workplace located exactly there, you can legally change it to improve working conditions.

Rule execution algorithm

Sanitary standards stipulate not only temperature requirements. It provides detailed recommendations on what to do when comfortable working conditions are not met and the temperature cannot be maintained.

Many employees are not aware that by law they must be in the office full time if the room temperature fluctuates between 20-28 °C. A deviation upward or downward is a serious reason to reduce labor time. Each extra degree reduces work by 1 hour.

If the boss did not prepare the premises, did not install a good ventilation system and a powerful air conditioner, the summer heat in the office will not take long to arrive.

• A thermometer mark of 29°C means being in the office for 7 hours, 30°C - 6 hours, 31°C - 5 hours.
• When the heat reaches 32.5°C, you only need to come to work for 1 hour.
• If the thermometer in the room shows even higher, you can safely stay at home; you cannot work in such conditions.

Cold is no less dangerous to health and productivity than heat, so when the temperature drops to 19°C, the working day is reduced by an hour. With each degree, the time spent in the office decreases proportionally. When the room freezes so much that the thermometer starts to show 13°C, you only need to stay there for an hour. And if the temperature drops even lower, don’t hesitate to stay home to avoid getting sick from hypothermia at work.

As you know, warm air flows tend to rise upward, and cold air flows tend to fall down, therefore, when measuring the temperature at different altitudes in the office, you can detect an error of several degrees. To exclude manipulation by employees or management, the regulation requires installing a thermometer at a meter height from the floor. This is the only way his testimony is considered reliable, and the workers’ claims are justified.

What can the employee do?

When the air temperature is above normal or too low, and the employee feels that such a microclimate poses a health risk, action must be taken. According to the law, a person can refuse to perform his job duties for a while.

You cannot simply not come to work, citing the fact that SanPiN standards are not being met. You must write an official statement indicating the reasons for absence from work. In the document, it is advisable to mention Article 379 of the Labor Code, which states that the performance of work duties should not pose a risk to health. It also notes that every person has the right, for the purpose of self-defense, not to go to work until conditions meet the standards.

A correctly completed application is a guarantee that the employee will retain his job and all the rights provided for by labor legislation.

If the temperature regime is violated, but the employee continues to work in in full, each extra hour is considered overtime and, by law, must be paid as overtime.

How can a boss circumvent the law?

In response to the employee’s demands set out in the application, the employer may offer alternative solution problems.

According to sanitary standards, if the microclimate does not match with established rules it is necessary to limit the time spent in such a room, and not to reduce the length of the working day. Therefore, the boss can legally:

• invite employees to move to another office space where working conditions meet generally accepted requirements;
• increase the lunch break in proportion to the shortening of the working day due to temperature violations, providing workers with a comfortable place to rest. This measure is often used when the temperature in the office ceases to comply with the rules by several degrees.

These methods do not solve the problem, but are a trick on the part of the employer to circumvent the current labor protection law. Therefore, it is necessary to require management to adjust the functioning of the heating system, carry out work on wall insulation and install air conditioners in the office.

Punishment for the employer

Many bosses of large and small companies demand that employees work in inappropriate conditions, threatening them with dismissal. Therefore, you need to be interested in your rights and defend them, relying on the state, which in this matter is completely on the side of the workers.

Article 163 of the Labor Code states that the boss is obliged to provide decent working conditions to all subordinates. If he does not do the work to normalize the microclimate, he can be put under control. To do this, you should write an application to the sanitary-epidemiological service of the Russian Federation and to the labor inspectorate. Organizations are required to send the verification to the designated office. If violations are recorded, the employer will need to pay a fine of 10 to 20 thousand rubles.

If this measure does not force the boss to improve working conditions, recheck The company’s work can be suspended for 3 months, based on article on administrative violations 6.3.

It rarely goes to such extremes, because it is easier for management to install in the office necessary equipment, maintaining a normal microclimate, than to participate in various proceedings regarding violations of temperature standards. In addition, labor productivity directly depends on comfort in the workplace, which is important for an experienced manager.