The lawyer assessed the permissibility of the employer's refusals to pay for smoke breaks

The employer can reduce payroll for the time that the employee has not actually worked, for example, for prolonged unauthorized smoke breaks or tea parties. However, such actions are permissible only within the strict framework of labor legislation and in compliance with established procedures. Ekaterina Alexandrovich, a lawyer and human rights defender who is a member of the Adyghe Republican Bar Association, told Izvestia on February 5.

According to her, the key principle of labor law is that wages are paid for the time actually worked. If an employee is absent from the workplace without grounds stipulated by law or contract, this time may not be subject to payment.

"The legal basis for regulation is the Labor Code of the Russian Federation, the federal law on the protection of citizens' health from exposure to tobacco smoke, sanitary rules and regulations, as well as local regulations of the employer — internal labor regulations, regulations on working hours and collective agreements. There are also increased requirements for occupational safety and fire safety in certain industries," the expert said.

She stressed that unauthorized breaks — smoke breaks, tea parties, unauthorized absences — do not relate to the time actually worked. In contrast, some breaks are subject to payment by law, such as suspension of work for feeding a child or time for mandatory medical examinations. In most cases, a break for rest and meals is not paid, unless otherwise expressly provided by the employment contract or local acts.

Working hours should be recorded objectively — using time sheets, electronic access control systems, journals, or other approved methods of recording. It is these data that serve as the basis for calculating wages, the lawyer said.

At the same time, the employer does not have the right to arbitrarily "fine" employees or withhold money from salaries. Any reduction in payment must be solely related to the correct accounting of the actual time worked and cannot violate the minimum guarantees, including payment of at least the minimum wage for hours worked. A separate procedure has been established for disciplinary penalties, requiring documentation and compliance with procedural deadlines.

In addition, Alexandrovich added, restrictions or bans on smoke breaks may be imposed for reasons of health protection, occupational safety or the specifics of the production process. Such measures should be fixed in local regulations, communicated to employees against signature and, in case of significant changes in working conditions, agreed upon in accordance with the procedure established by law.

On the same day, Tatyana Golubeva, senior lecturer at the Department of Business, Labor and Corporate Law at the Presidential Academy, said that in the event of a long smoke break on the part of an employee, his employer may not pay for the unworked time. She recalled that the Labor Code of the Russian Federation provides for fixed breaks for rest and meals lasting from 30 minutes to two hours.

Vladislav Bykhanov, Managing Partner of CORNERSTONE HR company, said on January 27 that the number of companies refusing to hire smoking employees continues to grow. He noted that employers are increasingly considering this habit as a factor that reduces discipline, destroying corporate culture and increasing hidden costs.

All important news is on the Izvestia channel in the MAX messenger.