Employee lunch break: what are the rules?
Verified 01 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The employee is entitled to a break during his working day in his company. This break traditionally takes place during the lunch break. We present you with the information you need to know.
During his working time, the employee is at the disposal of his employer and must comply with the employer's directives without being able to go about his personal activities freely.
However, the employer must grant the employee a break after a certain number of hours of work.
This pause time corresponds traditionally at lunchtime.
The lunch break is also called meridian pause.
It allows the employee to eat either in the company restaurant or outside.
NoHowever, the employer is not obliged to give the employee a lunch break.
The law does not provide for a lunch break specifically dedicated to lunch.
Reminder
the employee must, however, be granted a break once he has worked a certain number of hours.
Employee of at least 18 years
As soon as the daily working time reaches 6 hours uninterrupted, the employee must be granted a break of at least 20 minutes consecutive.
The break shall be granted either immediately after six hours of work or before the six-hour period has elapsed.
Please note
One collective agreement or a collective company agreement can set a longer break time.
The lunch break is part of the legal break time.
The recovery period should be taken over the daily break time.
The employer is therefore entitled to grant the employee only 20 minutes of food and drink per day.
In practice, a longer break is usually used (for example, a minimum 45-minute lunch break).
Employee under 18 years
As soon as the daily working time reaches 4 hours 30 uninterrupted , the employee must be granted a break of at least 30 minutes consecutive.
The break shall be granted either immediately after 4.30 hours of work or before the 4.30 hours period has expired.
The lunch break is part of the legal break time.
The recovery period should be taken over the daily break time.
The employer is therefore entitled to grant the employee only 30 minutes of food and drink per day.
In practice, a longer break is usually used (for example, a minimum 45-minute lunch break).
In principle, it is forbidden to eat a meal in a room assigned to work.
Please note
the employee can take his lunch break outside the company.
Depending on the number of employees wishing to take their lunch break in the company, a catering room is set up.
Company of less than 50 employees
The employer must provide employees with a place where they can eat in good health and safety.
Company of 50 or more employees
The employer, after the Social and Economic Committee (ESC), must provide employees with a catering room.
This room shall be equipped with all of the following:
- Means of storing or refrigerating food and beverages
- Plant for heating dishes
- Drinking water tap, cool and hot, for 10 people
- There are enough chairs and tables
After each meal, the employer must have the restaurant and its equipment cleaned.
Warning
The threshold at which a catering facility must be made available to employees has been set at 50 employees since 1er January 2020. Companies of 25 employees who had a catering facility before that date are obliged to keep it until December 31, 2024.
During the lunch break, the employee is not under the direction of his employer.
The lunch break is therefore not normally paid, sinceit is not counted as a actual working time.
On the other hand, lunch-break time must be remunerated if it fulfills the conditions for actual working time. This is particularly the case when the employee carries out a directive from his employer during his lunch break.
Example :
The employer waits for a call and asks an employee to watch the phone during his lunch break. In this case, the salary is maintained and the break time is taken into account in the calculation of the remuneration.
Please note
Of treaty provisions more advantageous may apply. One collective agreement or a collective company agreement or a extended branch agreement can anticipate that the break time will be systematically paid. In the absence of an agreement, the applicable break time arrangements may be mentioned in the employment contract.
In the company
An accident occurring during a break taken at the workplace is considered to be a industrial accident.
The same applies when the accident takes place in the premises provided for employees to eat.
Outside
If the employee is injured on the road between his place of work and the restaurant where he had lunch, he is considered to have been the victim of a commuting accident.
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
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Actual work
Remuneration (public policy provisions)
Remuneration provided for by agreement or agreement (scope of collective bargaining)
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Break Time
Working hours of employees under 18 years of age
Restoration at the workplace