Should the employer provide a space for the lunch break for employees?

Verified 10 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The employee may not take his or her meal in the premises assigned to work. The employer must set up a room to allow the employee to eat. How is this room equipped? Who maintains this premises? Are there any exceptions to the establishment of this facility? We are taking stock of the regulations.

Yes, the employer must provide a space to allow the employee to have his meal.

The employer's obligations differ depending on whether the company has more or less than 50 employees. In companies with more than one establishment, the number of employees shall be counted by establishment.

Less than 50 employees

The employer must make available a location allowing you to eat in good health and safety conditions.

This place is not required equipped with a means of preserving or refrigerating food and drink, or with a facility for heating dishes.

Installation of a fresh or hot drinking water tap is not mandatory.

The employer is not obliged to provide sufficient chairs and tables.

FYI  

he is forbidden let employees eat their meals on the premises assigned to work.

No, the employer must provide employees with a place where they can eat.

This location can, after declaration, be fitted out in the premises used for work, only if such premises do not do not include use or storage of products dangerous.

This dated declaration shall be made by any means to the labor inspectorate and to the occupational doctor.

After each meal, the employer must clean the restore location and its possible equipment.

More than 50 employees

Before the establishment of the catering room, the employer must consult the Social and Economic Committee (ESC).

The employer duty make available a converted catering room.

This room shall be equipped with:

  • Means of preservation or refrigeration food and drink
  • Installation system for warm up the dishes
  • Drinking water tap, cool and hot, for 10 people
  • Chairs and tables in sufficient number

FYI  

he is forbidden let employees eat their meals on the premises assigned to work.

No, the employer must provide employees with a catering room.

Warning  

an employer who had a restaurant prior to 1er january 2020, because the previous legislation required it, must keep that room until December 31, 2024, even if it does not meet the new establishment requirement.

After each meal, the employer must have the recovery room cleaned and its facilities.