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Can the employer decide when you take a break?

2024-02-13T03:59:21.529Z

Highlights: Can the employer decide when you take a break?. As of: February 13, 2024, 4:51 a.m By: Anne Hund CommentsPressSplit During the break you should switch off from work. What can employees decide for themselves and what rules apply? Employees are entitled to a break. This is how it is regulated according to the Working Hours Act. The break must be at least 30 minutes if you work between six and nine hours a day, and at least 45 minutes ifyou work more than nine hours. A break within the meaning of the Working hours Act can only exist if it lasts at least 15 minutes.



As of: February 13, 2024, 4:51 a.m

By: Anne Hund

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During the break you should switch off from work.

What can employees decide for themselves and what rules apply?

Employees are entitled to a break.

This is how it is regulated according to the Working Hours Act.

The break must be at least 30 minutes if you work between six and nine hours a day, and at least 45 minutes if you work more than nine hours.

In addition, it is generally possible to divide the legally required break time into periods of at least 15 minutes each.

A short walk to the coffee machine or to the toilet does not count as a break, as the German Press Agency (dpa) also reported.

A break within the meaning of the Working Hours Act can only exist if it lasts at least 15 minutes.

What is allowed during the break?

The break is there to recover.

In principle, employees are free to decide how they spend their break time.

For example, some people go for a walk outside or do sports during their break to switch off from work, others combine their lunch break with shopping or pick up the children from daycare.

The prerequisite is that you stick to the agreed break times.

Employees who stick to break times are also welcome to go shopping.

(Symbolic image) © Ezequiel Sambresqui/IMAGO/PhotoAlto

Can the employer specify when employees take breaks?

Can employees decide for themselves when they take their breaks?

Not always.

Because when it comes to the question of when the break should be taken, employers may have a say. “The employer has the right to direct and can determine when the break must be taken,” says Peter Meyer, a specialist lawyer for labor law, in a report by Deutsche Press agency (dpa) has its say.

One thing is clear: the legally specified times for rest breaks must be adhered to.

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Can you go home early by skipping the break?

Skip the break and go home earlier?

Not a good idea.

From a legal perspective: It is not possible to waive the legally required break.

The break must also not be at the beginning or end of the work assignment.

From a health perspective, it is also important to take regular breaks and periods of exercise, as experts emphasize.

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What should you pay attention to in everyday life?

The corresponding working time and break regulations also apply to the workplace at home.

Anyone who works from home should also make sure they get enough exercise in their everyday lives, according to the Institute for Workplace Health Promotion (BGF).

“The journey to work and back home is no longer necessary, as is chatting at the coffee machine with dear colleagues,” says a BGF contribution.

“The minutes that we move less each day add up – and this quickly becomes noticeable.

Stress, tension, headaches and body weight increase.” That’s why it’s important to incorporate enough exercise into your everyday life.

Source: merkur

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