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

Verified 08 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

During its actual working time, the employee shall be at the employer's disposal and shall comply with his instructions.

During this working time, he may not interrupt his professional activity in order to take care of his personal activities.

Break time is a short work stoppage at the workplace.

Example :

The employee can freely go about his personal activities without having to respect the instructions of his employer (to telephone, have a coffee, smoke a cigarette).

Of treaty provisions may provide for the payment of break time where such time is not recognized as actual working time.

Major employee

As soon as the daily working time reaches 6 hours, the employee 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

A company or establishment agreement or agreement may fix a longer break time.

Minor employee

An employee under 18 years of age must have a break of at least 30 minutes after a continuous period of work of 4 hours 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

A company or establishment agreement or agreement may fix a longer break time.

During the break, the employee is not under the direction of his employer.

The break is not normally paid, as it is not counted as a actual working time.

Break time must be remunerated if it fulfills the conditions for actual working time.

Example :

When the employer asks an employee to monitor the phone during his break. In this case, the salary is maintained and the break time is taken into account in the calculation of the remuneration.

Of treaty provisions more advantageous may apply.

There is a tolerance for breaks at work if the employee takes breaks in a reasonable manner.

In practice, an employer can punish abuse by a simple reprimand, a disciplinary lay-off or even a dismissal for misconduct.

An employee who feels that the employer is not respecting the breaks can alert labor inspection and enter the labor council (CPH).

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  • For further information

    Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry responsible for labor.

    Cost: free service

    Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.

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