In what cases is the document used?
The practice of banning smoking in enterprises is widespread today. This is due to the fact that company management pays great attention to protecting the health of employees and creating safe working conditions.
In addition, the introduction of taboos and restrictions on smoking is also influenced by legislative norms, which require a number of organizations to equip special premises for people who like to smoke, or even a complete ban on smoking.
In particular, smoking is prohibited in educational and medical institutions, as well as government and budgetary structures - smoking is prohibited here not only inside buildings, but also within the surrounding areas.
The law provides for an administrative fine for smoking.
Separately, it should be noted that if a company does not own the office (production workshop, warehouse, etc.) in which it operates, but only rents square meters, then it cannot influence the standards regarding smoking adopted here. If you want to organize a “smoking room,” you will need to contact the owner of the premises.
What proposal from the Ministry of Health are we talking about?
Previously, the Ministry of Health published the program “Strengthening the health of workers.” The Ministry of Health, citing a study by the SuperJob.ru portal, writes that 31% of working smokers take a smoke break 3-4 times a day. 37% smoke approximately every hour and spend approximately 5-10 minutes of working time on each smoke break. The department notes that, according to a study conducted at the National Research University Higher School of Economics, the likelihood of smoking employees missing work days due to illness is 9% greater than for non-smokers.
Question and answer Why were smoking rooms banned if they are being brought back again? The Ministry of Health proposed that companies issue internal regulations that would introduce a ban on smoking on the territory of the enterprise (including open areas) not only of cigarettes, but also of vapes, and also limit the sale of tobacco products and electronic cigarettes. Smoking areas must be located outside the territory (at least 15 meters from the entrances) and properly equipped. That is, it is necessary to install an urn there and place an appropriate sign. The Ministry of Health noted that such places should not be convenient for smokers. In particular, there should be no benches or “other attributes of a comfortable pastime.”
The department also proposed that companies introduce a system of fines and incentives for smoking employees. The Ministry of Health did not disclose the size of the fines. It is assumed that companies themselves will be able to calculate it “by using a calculator for losses from tobacco consumption among employees.” As an example, the department cited the experience of the USA, Great Britain, Canada, Germany and Albania, where the wages of smokers differ from the wages of non-smokers by values that fall within the range of −23% to −2%.
Motives for creating an order
Rationale and basis are the two pillars on which this document rests and it is on them that the author of the order should rely.
Justification is an objective reason for creating a document; it is written after the words “In connection with...”. The basis is any specific document or legislative normative act, to which a direct reference is given in the order. In this case, the basis can be considered Federal Law No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”
Legal advice. Is it legal to ban smoking at work?
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, and air transport, on the territories and premises of educational institutions, government bodies, indoor sports facilities, cultural and health care institutions, as well as in workplaces, with the exception of special places designated for this.
The Labor Code (Labor Code of the Russian Federation) determines that a workplace is a place where an 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 an employee has a disciplinary sanction, he can be deprived of his bonus (in whole or in part) for failure to comply with one of the bonus conditions established by the company’s regulations on remuneration and bonuses, or he can be dismissed 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.
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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, a healthy lifestyle is promoted, 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 give up 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 enshrined 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.
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Features of the form design
If you are entrusted with the responsibility of drawing up an order banning smoking in an organization, we recommend that you familiarize yourself with our advice and pay attention to the sample document. First of all, let's give some general information.
The smoking ban order, like any other administrative act, does not have a standard form, so it can be written in any form or, if the company has a developed document template, according to its type. Both ordinary sheets of any convenient format (generally accepted - A4) and company letterhead are suitable for issuing orders. We accept printed and handwritten text (in the second case, it is important that there are no blots, errors or corrections).
When forming an order, only one important criterion should be met - it must be certified by the original signature of the director of the company (since orders are always written on his behalf) or an employee who is authorized in the prescribed manner to act on behalf of the director.
It is not necessary to stamp the order form - there is a need for this only when the norm for certifying the organization’s internal documents using various types of cliches is enshrined in its local legal acts.
The order is always generated in a single original copy , and if it needs to be duplicated, certified copies are made. Information about the document is entered into the administrative documentation journal.
Sample document
When drawing up the text of the order, keep in mind that its structure and content must comply with certain unwritten rules of office work. In the header you need to indicate:
- name of company;
- title and number of the document;
- place (settlement) and date of its compilation;
- justification for creating the order (here you can refer to the protection of employee health).
The following is the main part:
- first of all, this includes the smoking ban itself, as well as the employer’s exact requirements (for example, smoking only in specially designated areas);
- the employees who must make changes to the internal regulatory documents of the company, familiarize other employees with the order, and also produce and place information sheets, plates and signs are indicated;
- Below is the employee responsible for executing the order and the basis for creating this order.
If necessary, the document can be supplemented with other information (about agreeing on common smoking areas with neighboring businesses, introducing disciplinary liability for violating taboos, etc.) - in general, act according to the circumstances.
