Employee break time in the company: what are the rules?

Verified 16 November 2023 - Legal and Administrative Information Directorate (Prime Minister)

Can you take a break during your working day in your company, apart from your lunch break? How long is it? We're doing an update on the regulations.

During your actual working time , you are at the disposal of your employer and you must comply with his instructions.

During your working day, you cannot interrupt your professional activity to take care of your personal activities (for example, leaving your workplace because of personal leisure).

However, you can take a break from short-lived, subject to conditions, outside your lunch break.

Example :

You can freely call, have coffee, smoke a cigarette, for example.

The length of the break time depends on your situation:

You are an adult employee

As soon as your daily working time reaches 6 hours immediately, you must have a break of at least 20 minutes consecutive.

The break is granted:

  • Either immediately after 6 hours of work
  • Either before this 6-hour period is completed

One collective agreement or a collective company agreement can set a longer break time.

You are a minor employee

You must have a break of at least 30 minutes after a continuous period of work of 4:30.

The break is granted:

  • Either immediately after 4 hours 30 hours of work
  • Either before this duration of 4 hours 30 hours is entirely completed

One collective agreement or a collective company agreement can set a longer break time.

In principle, the break time is not paid unless it is considered actual working time.

This is the case when the employee has to remain available for his employer, during his break, in case of need. The salary during the break is then held.

Please note

One collective agreement or a company agreement or a branch agreement may provide for the payment of breaks even where such breaks are not recognized as actual working time.

There is a tolerance for break times at your workplace whenever you take a break time of reasonable manner.

In practice, your employer can punish you for repeated abuse either through a simple reprimand, or by a disciplinary lay-off, or even a dismissal for misconduct.

It's up to your employer to show that you're taking breaks in an abusive way, if that's the case.

If you feel that your employer is not respecting the break times, you can, notify your employer by letter with RAR: titleContent.

If, following your report, your employer does not respect the break times, you can then notify labor inspection or enter the labor council (CPH).

Please note

an employee who has not had a break of at least 20 consecutive minutes may request the reclassification of the time of the break not taken into actual working time, a salary recall and damages.

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