The lawyer told about the reprimands for ignoring lunch by an employee
An employee may face disciplinary action in the form of a reprimand or remark if he ignores the established lunch break and continues to work contrary to the rules or the direct order of the employer. Lawyer Ilya Rusyaev told about it on January 18.
"By itself, refusing to eat is not a disciplinary offense. The employee has the right to use the break time at his discretion. The situation is completely different when an employee does not leave for lunch and continues to work, ignoring the established schedule or the direct order of the employer," the expert explained in an interview with RT.
Rusyaev added that if an employer demands to stop work at the time set for lunch, and an employee voluntarily refuses to comply, this may qualify as a violation of labor discipline.
It clarifies that in this case, disciplinary penalties may be applied in accordance with Article 192 of the Labor Code ("Disciplinary penalties"), and in case of repeated violations, even dismissal.
At the same time, if the employee simply does not eat, but observes the rest time and does not work, there are no grounds for recovery. The lawyer also warned that an employee does not have the right to voluntarily leave work earlier under the pretext of an unused lunch.
On January 13, Sergey Muravyov, HR Director of KROS, reported that employers most often do not have the right to cut their employees' salaries on the background of New Year's Eve celebrations. The expert noted that the current Russian legislation was based on the socialist one, which in turn was aimed at protecting workers' rights, while, for example, it differs in the United States.: The rights of entrepreneurs are at the forefront there.
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