Smoking at work: new employer responsibilities. Types of disciplinary action on an employee for smoking in unauthorized places Disciplinary action against smoking in the workplace

1. To prevent the effects of second hand tobacco smoke on human health, tobacco smoking is prohibited (except for the cases established by part 2 of this article):

1) in the territories and in the premises intended for the provision of educational services, services by cultural institutions and institutions of youth affairs, services in the field of physical culture and sports;

2) in the territories and in the premises intended for the provision of medical, rehabilitation and sanatorium services;

3) in long-distance trains, on long-distance ships, in the provision of passenger transportation services;

4) on aircraft, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in open air places at a distance of less than fifteen meters from the entrances to premises of railway stations, bus stations, airports, seaports, river ports, metro stations, as well as at metro stations, in the premises of railway stations, bus stations, airports, seaports, river ports, intended for the provision of passenger transportation services;

5) in premises intended for the provision of housing services, hotel services, services for temporary accommodation and (or) provision of temporary accommodation;

6) in premises intended for the provision of personal services, trade services, public catering, market premises, in non-stationary trade facilities;

7) in the premises of social services;

8) in premises occupied by public authorities, local governments;

9) at workplaces and in working areas organized on the premises;

10) in elevators and common areas of apartment buildings;

11) on playgrounds and within the boundaries of territories occupied by beaches;

12) on passenger platforms used exclusively for boarding trains, disembarking passengers from trains during their transportation in suburban traffic;

13) at gas stations.

2. Based on the decision of the owner of the property or another person authorized by the owner of the property, tobacco smoking is allowed:

1) in specially allocated places in the open air or in isolated rooms, which are equipped with ventilation systems and organized on long-distance ships, when providing passenger transportation services;

2) in specially allocated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.

3) in specially allocated isolated rooms that are equipped with ventilation systems and organized at airports in areas intended for finding passengers registered for a flight after pre-flight screening, and areas intended for passengers in transit, so that the possibility of monitoring smoking tobacco from other rooms.

3. The requirements for the allocation and equipping of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco are established by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of healthcare, and must ensure compliance with the established in accordance with the sanitary legislation Russian Federation hygienic standards for the content in the atmospheric air of substances released during the consumption of tobacco products.

4. Persons in pre-trial detention centers, other places of forced detention or serving sentences in correctional institutions shall be protected from the effects of second hand tobacco smoke in accordance with the procedure established by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive body exercising the functions on the development and implementation of state policy and legal regulation in the field of healthcare.

5. To designate territories, buildings and facilities where tobacco smoking is prohibited, a smoking ban sign is accordingly placed, the requirements for which and for the placement procedure for which are established by the federal executive body authorized by the Government of the Russian Federation.

6. State authorities of the constituent entities of the Russian Federation have the right to establish additional restrictions on tobacco smoking in certain public places and premises.

FIGHTING SMOKING AT WORK

Some employees of the organization quite often go for a smoke break, and sometimes even smoke in their offices. How to solve this problem? Is smoking prohibited in the workplace? Is it possible to motivate employees to lead a healthy lifestyle?

Fighting smoking is not easy. Smoking bans in the workplace are a major challenge for most employers: some solve it by fines for smoking in the workplace, others encourage non-smokers by paying them an additional bonus, and some employers do not hire smokers at all .

To go to the "extreme" measures of employers forces the damage caused by smoking in the workplace. Have to spend additional funds on the:

- payment sick leave(According to studies on the risks associated with various bad habits, people who smoke one or more packs of cigarettes per day are 18% more likely to apply for a newsletter than non-smokers; heavy smokers are 25% more likely to need outpatient treatment and 29% more likely to than non-smokers apply for paid sick leave);

- repair of equipment that is significantly harmed by tobacco smoke;

- cleaning rooms where employees smoke.

The big disadvantage of smoking is a decrease in labor productivity: if you count, a heavy smoker can spend up to one and a half hours a day on smoke breaks. It should be noted that smoking in the workplace significantly worsens the ecology of offices and industrial premises. In addition, smoking colleagues cause irritation in others who have to be passive smokers. And as you know, passive smoking is very harmful.

Therefore, more and more leaders are developing and implementing various programs aimed at combating smoking.

Is it legal for an employer to ban smoking?

In Art. 6 of the Federal Law of July 10, 2001 N 87-FZ “On Restricting Tobacco Smoking” (hereinafter - Law N 87-FZ), which defines the legal basis for restricting tobacco smoking in order to reduce the incidence of the population, it is established: in order to reduce the harmful effects of tobacco smoke, it is prohibited tobacco smoking at workplaces, in urban and suburban transport, on air transport with a flight duration of less than three hours, in indoor sports facilities, health care organizations, cultural organizations, on the territories and premises of educational organizations, in premises occupied by public authorities, for exclusion of tobacco smoking in specially designated tobacco smoking areas.

The employer is obliged to equip specially designated smoking areas. However, this does not mean that an employer cannot prohibit smoking during working hours outside of specially designated areas.

Article 107 of the Labor Code of the Russian Federation establishes that the employer must provide various breaks during the working day (shift), including a break for rest and meals, which working time does not turn on. A break for smoking is not provided for by labor legislation. Therefore, if the employer establishes a ban on smoking during the working day (shift) by a local regulatory act, this will not be a violation of labor laws.

When developing such a local act, remember that during a smoking break, creative workers may continue to think about solving a particular problem, so for them, a ban on smoking in specially equipped places can negatively affect production activities. Of course, there are categories of personnel who, due to production technology, cannot be left. workplace and there can be no talk of any smoke break, for example, conveyor workers, turners and other similar professions. Therefore, before setting a ban, analyze the specifics of the work.

Employer's responsibility

Law N 87-FZ provides for liability for violation of the ban on and failure to fulfill the obligation to organize special smoking areas. In particular, art. 6 allows you to bring the employer to administrative responsibility in accordance with the law. But, unfortunately, such responsibility has not yet been established by the Code of Administrative Offenses of the Russian Federation. The only article - 11.17 "Violation of the rules of conduct of citizens on railway, air or water transport" - provides for a warning or the imposition of an administrative fine in the amount of 100 rubles. for smoking in cars (including vestibules) of a commuter train, in places not designated for smoking in a local or long-distance train, or on a sea or inland waterway transport vessel, or on an aircraft with a flight duration of less than three hours.

In some constituent entities of the Russian Federation, they tried to introduce penalties in the Code of Administrative Offenses of the constituent entity of the Russian Federation for tobacco, in urban, suburban transport, indoor sports facilities, healthcare organizations, educational organizations and cultural organizations, premises occupied by public authorities, with the exception of smoking tobacco in specially designated for these places, and the fine ranged from 100 to 300 rubles. But the courts recognized such norms of the codes as contrary to federal law. Why? Along with the Code of Administrative Offenses of the Russian Federation, the legislation on administrative offenses is also made up of laws of the subjects of the Russian Federation that establish administrative responsibility, but the subject of the Russian Federation does not have the right to intrude into those areas public relations, the regulation of which is the subject of the jurisdiction of the Russian Federation, as well as the subject of joint jurisdiction if there is a federal law on this issue.

But for what the fine is more real, it is for the lack of an organization order that determines smoking areas. This document necessary to comply with fire safety regulations. If it is not, an administrative fine is possible under Art. 20.4 of the Code of Administrative Offenses of the Russian Federation:

- from 1000 to 2000 rubles. (for persons responsible for fire safety);

- from 10,000 to 20,000 rubles. (for the organization).

Moreover, such a punishment as suspension of activities for up to 90 days can be applied to a legal entity.

Special room for smokers

So, as we found out, the employer must organize a smoking room. Many employers neglect this, as a result, employees smoke right at the workplace. Sometimes an additional urn for cigarette butts is simply placed at the entrance and the head believes that he has thus fulfilled the obligation assigned to him by Law N 87-FZ. However, it is not.

Of course, the equipment of special rooms for smoking is quite expensive. Many employers, imposing a ban on smoking by a local regulatory act, believe that it is not necessary to organize smoking areas. But what if we decided to “play by the rules”? After all, Law N 87-FZ provides for administrative liability for non-compliance with the obligation to organize a smoking area, and although there is no special rule in the Code of Administrative Offenses of the Russian Federation, lawyers believe that the employer in case of violation will be held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

To equip a smoking area, you need to focus on the following regulations:

- Order of the Ministry of Emergency Situations of Russia dated 18.06.2003 N 313 "On approval of the Fire Safety Rules in the Russian Federation (PPB 01-03)" (in accordance with Appendix No. 1 to the Order, in the instructions on fire safety measures, smoking areas, the use of open fire should be determined and carrying out hot work);

- Decree of the Chief State Sanitary Doctor of the Russian Federation of April 30, 2003 N 88 "On the Enactment of Sanitary and Epidemiological Rules SP 2.2.1.1312-03";

— SNiP 2.09.04-87 "Administrative and amenity buildings";

- SNiP 31-05-2003 "Public administrative buildings";

— GOST R 12.4.026-2001 “System of labor safety standards. Signal colors, safety signs and signal markings. Purpose and rules of application. General technical requirements and characteristics. Test Methods".

Smoking rooms are arranged as isolated rooms, away from eating places, first-aid posts and rooms intended for staff recreation. The distance from workplaces in industrial buildings to smoking rooms should be no more than 75 m, for disabled people with impaired functioning of the musculoskeletal system - no more than 60 m, and from workplaces at the enterprise site - no more than 150 m.

Smoking rooms must be at least 8 sq. m, and a smoking area should be allocated specifically to the smoking room, if the number of employees is more than 200 people.

Note! A good ventilation system is required in a smoking room or designated area so that tobacco smoke does not interfere with other workers doing their jobs. The requirements for such a system are contained in SNiP 31-05-2003, according to which the volume of outdoor supply air must be at least 10 rpm during working hours (in maintenance mode) and 0.5 rpm during non-working hours (in mode just me). That is, the ventilation system should provide an air exchange volume of 10 cubic meters. m/h

Air conditioning systems are designed so that the air from the smoking room does not mix with the air directed to areas intended for non-smokers. For a smoking room, you can provide an independent ventilation system. Heating elements are also needed: on the basis of SNiP 2.09.04-87, the temperature in the cold season in the "smoking room" should be at least 16 degrees. Celsius.

We sorted out the premises, its area and the requirements for it. What are the firefighters supposed to do? Necessary in a designated smoking area:

- put metal urns;

- do not place them near flammable materials;

- place fire safety signs.

I note that fire safety signs are defined by GOST R 12.4.026-2001. The signs that must be in the smoking room include the sign M 15 "Smoking here" (mandatory sign used to indicate the place of smoking at production facilities) and the sign P 01 "Smoking is prohibited".

Floors and walls should be made of non-combustible materials (eg glass, aluminium, ceramic tiles) that are easy to clean, among other things. You can use other materials for finishing walls and floors (wood, plastic, etc.), but they need to be treated with special fire-retardant coatings - paints, varnishes, impregnations. Since such coatings protect against ignition only for a certain period, the surface treatment will have to be repeated from time to time.

Order or...?

At present, the practice of introducing fines for various “violations”, including smoking during working hours, is quite common, not only at the workplace, but in general. Even if the employer has firmly decided to punish smokers, the wording “fines” should in no case be used in local acts. It is possible to apply disciplinary measures to persons who abuse smoking in the workplace - to announce a reprimand, to make a remark, or to fire them altogether. To do this, the internal labor regulations should contain a ban on smoking in the workplace. Also, in this local act, a specific time for smoking breaks should be indicated and the possibility of smoking during such breaks in specially designated rooms or places should be indicated. Since the employee is obliged to comply with the internal labor regulations, for smoking, even in specially equipped places, but during working hours, and not during the breaks provided for by the rules, he can be held disciplinary liable.

I would like to note that you should not get carried away, “en masse” banning smoking and applying sanctions for violations. Otherwise, an uncomfortable situation may arise. Let's say that in a company where smoking is not acceptable, the employer finds out at the interview about the candidate's tobacco dependence and therefore refuses to hire him. However, a questionnaire specifying this circumstance may become evidence of discrimination in the future.

Let me remind you that Art. 64 of the Labor Code of the Russian Federation expressly prohibits an unreasonable refusal to conclude an employment contract. Any - direct or indirect - restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract, depending on gender, race, skin color, nationality, language, origin, property, social and official status, place of residence, as well as other circumstances not related to the professional qualities of employees are not allowed, except for cases provided for by federal law. The Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” emphasizes that the list of reasons why an employer does not have the right to refuse to hire a job seeker is exemplary and the question of whether whether there was discrimination in the refusal to conclude an employment contract will be decided by the court.

Therefore, I advise you to remember: questions about smoking in the questionnaire (experience, number of cigarettes smoked, etc.) are dangerous for the employer in case of disputes in connection with the refusal to conclude an employment contract. Such questionnaires can only be useful if the HR department is conducting surveys of existing employees in order to develop a program to combat smoking in the workplace.

Summarize

Naturally, smoking workers are bad. And working time is spent irrationally, and tobacco smoke harms non-smokers. But is it worth it to ban smoking? In my opinion, no. Motivating for a healthy lifestyle and the performance of a labor function is rather the encouragement of non-smokers (for example, in the form of a bonus) than penalties and disciplinary measures against smokers. After all, the latter, instead of solving work tasks, can direct their efforts to circumvent the prohibitions established by the employer.

To limit exposure to cigarette smoke to people who are not addicted to nicotine, as much as possible, the law establishes rules that prohibit smoking:

  1. in the premises and on the territories of educational institutions (kindergartens, schools, higher educational institutions, sports clubs and other places);
  2. in medical institutions and adjacent territories, including those providing services of sanatorium treatment and intended for the rehabilitation period;
  3. in transport (including trains and long-distance ships);
  4. in retail outlets and premises providing services to the population;
  5. directly performing official duties, being at work and working areas;

and other public places.

Smoking in the workplace - what does the law say?

Also, the deduction of any amount from the employee's salary will be recognized as a completely illegal act of the employer. In the pursuit of abandoning bad habits in relation to their employees, the employer should exercise maximum caution.

Employees who smoke are not discriminated against, for example, reducing their wages, depriving them of bonus payments, etc. An offended employee can always apply to a judicial institution to protect his own interests.


Info

In this case, the employer may be subject to fairly serious measures of liability for discrimination. What is the liability of an employee? As mentioned above, an employer cannot use such a measure as imposing a fine as a punishment for an employee for smoking.


However, the manager may apply other sanctions provided for by the current legislative norms.

Types of disciplinary action on an employee for smoking in the wrong places

The anti-smoking procedure adopted by the organization should be recorded in a separate order, internal labor regulations and other local regulations (for example, in the regulation on wages and bonuses). Requirements for the allocation and equipping of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco approved.
by the joint Order of the Ministry of Regional Development of Russia and the Ministry of Health of Russia of July 31, 2013 N 321 (part 3 of article 12 of Law N 15-FZ). Requirements for a no-smoking sign and the procedure for its placement approved. Order of the Ministry of Health of Russia dated May 30, 2013 N 340n (part 5 of article 12 of Law N 15-FZ). The document was submitted for registration to the Ministry of Justice of Russia (Letter of the Ministry of Health of Russia dated 06.06.2013 N 09-01/6102).

Smoking at work: new employer responsibilities

It is clear that no direct material damage is caused by smoking, although it can affect labor productivity. Liability Despite the fact that the employer does not have the right to collect a fine from the employee for smoking at the workplace, nothing prevents imposing a disciplinary sanction in the prescribed manner - to make a remark or announce a reprimand for frequent absences from the immediate workplace and non-compliance with labor discipline.
In addition, the Regulations on bonuses approve the circle of persons who are not entitled to receive incentive and incentive payments during the period of disciplinary punishment. Thus, the smoker will be punished financially.
The presence of several penalties will allow the manager to freely terminate the employment relationship with the violator of labor discipline.

Smoking at work: the rights and obligations of the employee and the employer

Special places If the employer went to meet his employees who smoke and decided to keep their habit, he will face the question of how to equip a place for smoking, and what actions should be taken to do this. The smoking area must meet one of these two requirements:

  • this place should be located in the open air.

    In this case, the construction of a canopy or gazebo, pavilion is allowed;

  • the smoking area may be located indoors, for example, inside the enterprise in the form of a separate room or office. But in this case, it must be equipped with a powerful exhaust system that will quickly eliminate smoke from smoked cigarettes.

A smoking area must be marked with an appropriate sign informing employees that smoking will be legal here.

Can an employer fine you for smoking?

In addition to prohibitive and price measures, legislators made an attempt to intensify assistance to citizens who decide to quit smoking on their own. Content

  • 1 Types of punishment for smoking by an employee in the workplace
    • 1.1 Regulations: fine for smoking
  • 2 Smoking area
  • 3 It turns out that smoking in the workplace is prohibited by law, then what should smokers do
  • 4 Can I smoke e-Sigs in the wrong places

Types of punishment for smoking by an employee in the workplace The employer has the right to completely prohibit smoking on the territory of his organization.


Otherwise, he may suffer due to neglect of the norms established by law, in terms of compliance with the requirements for placing a sign on the prohibition of smoking or improper design of special places, etc.

Legality of punishment for smoking while at work

With regard to legal entities, smoking is expressly permitted only on long-distance vessels in specially designated open areas or in isolated rooms that are equipped with ventilation systems, but subject to the decision of the owner of the vessel or a person authorized by him (clause 1, part 2, article 12 of Law No. 15-FZ). At the same time, Law N 15-FZ does not explicitly prohibit the equipment of special smoking areas at work in ordinary organizations (art.


10 of Law N 15-FZ). Therefore, from June 1, 2013, employers have the right (clause 3, part 1, article 10, clause 9, part 1, article 12 of Law N 15-FZ): - or completely ban tobacco smoking on their territory and in their premises ; - or limit smoking to specially designated and equipped places in isolated rooms and / or in the open air.

Smoking in the workplace

Smoking area According to the current legislation, subject to a number of conditions, it is allowed to use tobacco products:

  • outdoors;
  • indoors;
  • on the courts.

The premises must be insulated and have doors and ventilation. Outdoors, smoking should be in designated areas. Vessels should include vessels carrying people over long distances. By issuing an order to allocate special smoking areas, the employer has the right to allow the use of tobacco products in his organization. Marking the place with a special sign, creating lighting, supplying smokers with ashtrays and fire extinguishers - all this is part of the direct duties of the manager.

Mistakes of employers in the fight against smoking of employees

If it is located indoors, then an exhaust hood must be present, if this is not possible, then the smoking room must be located outdoors. In addition, any organization, regardless of the type of activity, is obliged to develop instructions on fire safety measures for its company with mandatory briefing of all employees.

Smoking areas, in addition to complying with these regulations, must also not be on the list of prohibited places for smoking in accordance with paragraph 2 of Decree No. 23/21. How many times can you smoke at work? The management of the enterprise solves this issue.

Allowing employees to smoke at work will, of course, elevate the boss in their eyes, but for the management itself, this is the least acceptable option for the development of the situation. Since smoking workers will run to "smoke breaks" every hour, which will significantly reduce the direct time of their work.
A person spends a significant part of his time at work and it is the duty of any employer, regardless of the form of ownership of the enterprise, to create normal working conditions that comply with the standards of labor protection and health of their subordinates. In accordance with the requirements of Art. 10, the employer, in the field of organizing the protection of the health of his subordinates from the effects of cigarette smoke, can:

  • develop activities that bring to the attention of employees the harm from smoking and the impact on others around the smell of tobacco smoke;
  • to ensure the rights of non-smoking employees in a favorable living environment, prohibit smoking, both in the premises and on the territory of the enterprise.

In addition, the norms of the Code of Administrative Offenses of the Russian Federation provide for the bringing to administrative responsibility of managers who violate the requirements of legal acts in the field of labor.

Punishment by nr for smoking at the factory sample

  • 1 What does the Labor Code say about smoking in the workplace? Regulations
  • 2 Smoking schedule at work
  • 3 smoking areas
  • 4 How many times can you smoke at work?
  • 5 Responsibility for smoking in the workplace

What does the Labor Code say about smoking in the workplace? Regulatory Documents Is it allowed to smoke in the workplace? The Labor Code (LC) is one of the main documents governing the relationship between the employer and the employee. First, let's get acquainted with the basic terms necessary for further discussion. this issue. The workplace is the place where the employee must arrive to perform his job duties.

Punishment for shopping mall for smoking at the factory sample

The most common form of punishment is a fine. Citizens who smoke should be aware of who can fine for violating anti-tobacco regulations.

Attention

At the place of work, only the employer can do this, outside it - officials. The internal affairs bodies state that the lion's share of offenses are those that occur due to the ban on smoking in a number of places in certain areas (including


h. and in the territories of organizations whose leaders completely ruled out the possibility of workers smoking breaks by signing an order on smoking at the enterprise; a sample document is often placed on an information stand in order to familiarize as many people as possible). The obligation of the employee to comply with the order to ban smoking is associated with the need to comply with the rules of internal labor regulations.

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

I work in public institution and during the day several times I leave the building for a smoke break. Recently, the boss began to make claims to me about my absence from the workplace due to smoke breaks. Tell me, do I not have the right to dispose of the time of rest 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 the Restriction of Tobacco Smoking" gives the concept of tobacco smoking - this is the inhalation of the smoke of smoldering tobacco products, which include cigarettes with and without filters, cigarillos, cigarettes, smoking and pipe tobacco, shag, and so on. The above law prohibits smoking in urban, suburban, air transport, on the territories and premises of educational institutions, public authorities, in indoor sports facilities, cultural and health institutions, as well as in workplaces, with the exception of special places reserved for this.

The Labor Code (Labor Code of the Russian Federation) determines that the workplace is the 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 head in the form of special breaks. Also, the employee can use the time in any other breaks for rest. Working time (Article 91 of the Labor Code of the Russian Federation) means the time at which an employee must perform his job 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 note that Labor 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 Exposure to Secondhand Tobacco Smoke and the Consequences of Tobacco Consumption” came into force, prohibiting smoking at 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 non-compliance with the local act of the employer, brought to the attention of employees, that is, internal labor regulations and / or gross violation of fire safety rules. To do this, the local act of the employer must contain a ban on smoking outside designated special smoking areas (paragraph 3 of part 1 of article 10 of the law, paragraph 14 of the fire regime rules in the Russian Federation, approved by Decree of the Government of the Russian Federation of 04.25.2012 N390) and outside the time set 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 non-compliance with one of the bonus conditions established by the regulation on remuneration and bonuses of the company, or dismissed under part 5 of article 81 of the Labor Code of the Russian Federation. Also know that in the event of your next smoke break at the workplace at the wrong time, the manager can easily accuse you of being absent from the workplace. For this, you can easily get a remark or reprimand.

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

So look at yourself from the side of the authorities, and even through the eyes of non-smoking colleagues who work during your smoke breaks. Do not forget about another side of this issue. Namely, about the communication of employees with customers, because representatives of many professions are focused specifically on working with visitors. And you will agree that it is rather unpleasant to communicate with a consultant or administrator who reeks of tobacco, not to mention hairdressers, massage therapists, beauticians, doctors or nurses. In a word, those who, during work, are in close proximity to the face of the client.

Of course, in our time, smokers are oppressed: terrible photographs are printed on cigarette packs, tobacco products are hidden in stores behind curtains, propaganda is going on healthy lifestyle life, but smokers actively resist. At the same time, non-smokers give 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 the authorities deal with employees who cannot refuse this bad habit while not restricting the rights of non-smoking workers. 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. Also, the employee can use the time in any other breaks for rest.

The owners of this bad habit, by law, do not have the right to demand from the employer either permission to smoke at the workplace or the allocation of special breaks for them, but you can politely talk with your superiors about establishing such breaks and arranging 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, it remains to look for a secluded place on the street, or even better, quit smoking altogether! Studies show that smokers take three more days of sick leave each year than non-smokers. Scientists have found that smokers get sick more often and for longer, which is why smoking cessation and appropriate work with staff can be cost-effective for both the employer and for you, dear smokers.