Your right to lunch - and it stood in the Labour Code

11-25  Source: Network gathering  Views:2 

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Your right to lunch - and it stood in the Labour Code

Breaks are regulated by law for workers.

Workers have a legal right to lunch

  • The legal claim on lunch break results from the Labour Code. According to § 4 of the Working Hours Act (ArbZG) workers have a break to claim at least 30 minutes at a working day of six to nine hours.
  • Exceeds the working nine hours the employer a break of at least 45 minutes must even grant.
  • This statutory pauses can be divided into periods of 15 minutes each, shorter rest periods are not provided by law.
  • Longer pause times are negotiable under the employment contract. Since pauses are in principle not paid, a different arrangement is not normally within the meaning of the employee.

Separate smoking breaks are not regulated by the Labour Code

  • For short smoke breaks there is no regulation in the Labour Code. Often such short interruptions of work, however, tolerated by the employer.
  • As for lunch breaks also applies to smoking breaks that the employee has no right to remuneration, which means that will have to be stamped for additional break.
  • Smoking breaks, lasting less than 15 minutes, the mandatory break may not replace due to the provisions of § 4 ArbZG.

The employer must ensure compliance of the pause times allow

  • From the provisions of the Labour Code gives the employer has the duty to keep its employees to comply with the rest periods. Failure to do so or required by the employer even working through the legally prescribed breaks, so he faces fines of several thousand euros.
  • However, the employer can define the rest periods taking into account the provisions of § 4 ArbZG firmly.

The lunch break can make even the workers

  • During break times workers are not subject to the authority of the employer. This means that the employee can make his lunch break basically free.
  • In working out the break, however, it must be ensured that no company agreements such. B. Prohibition of Private Internet use are violated.
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