Breaks at Work

Breaks at work represent one of the employer’s obligations, as the employer is required to provide employees with breaks during working hours. The Labour Code distinguishes between:

Rest and meal breaks are not included in working hours. However, this does not apply to breaks provided for ensuring safety and health protection at work.

During a rest and meal break, the employee is not entitled to salary or wage compensation. During such a break, the employee is not obliged to follow the employer’s instructions—except those related to occupational health and safety—and is also not required to stay at the workplace. Essentially, this time is considered personal time for the employee.

If an employer wishes to extend the break for rest and meals, they must reach an agreement with employee representatives. If no such representatives are in place, the employer may decide independently. The Labour Code (§ 91(4)) also states that breaks must not be provided at the beginning or end of the shift.

In the case of flexible working hours, rest and meal breaks must be provided within the core working hours, no later than three hours after the start of the core time.

If the employer sets a fixed lunch break, it is binding for all employees for whom it has been determined. If employees do not use the break for eating, they may use it for rest.

The employer has an informational obligation toward employees. They must inform employees about scheduled breaks at least one week in advance, and the schedule must be valid for at least one week. The Labour Code also specifies the form and content of this notice. It must be in written form and accessible to employees at a designated place. Naturally, further conditions, including extended break durations, may be agreed upon with employee representatives.

In the case of work that cannot be interrupted, § 91(1) of the Labour Code states that the employer must ensure that employees have a suitable time for rest and meals, even without interrupting operations or work. This applies to work that, for objective operational reasons, cannot be paused. In such cases, the employer must include the rest and meal time in the working hours.

Regulation (EC) No. 561/2006 on driving times, breaks, and rest periods provides that drivers of motor vehicles are entitled to a safety break of at least 30 minutes after four and a half hours of driving, unless a continuous daily or weekly rest period follows the driving time. The safety break can be split into several parts, each lasting at least 15 minutes. This safety break is counted as part of the driver’s working time.

Just like other categories of employees, motor vehicle drivers are entitled to a meal and rest break of 30 minutes at the latest after six hours of work during a shift. If the total working time for the driver exceeds nine hours, they are entitled to a meal and rest break of at least 45 minutes, which may be divided into two parts of at least 30 minutes and 15 minutes.

Unlike breaks for meals and rest, which are not counted as working time, safety breaks—provided to ensure the health and safety of employees at work—are counted as working time, and the employee is entitled to wages for these breaks.

The employer’s obligation to provide safety breaks is set out in specific legal regulations, such as Regulation (EC) No. 561/2006 on driving times, breaks, and rest periods, or such breaks may be established by a collective agreement or the employer’s internal regulations.

A safety break should not be taken during a meal and rest break. If a safety break happens to fall within the time designated for a meal and rest break, this time is still counted as working time, and the employee is entitled to receive wages for it.

The entitled person is the mother who is breastfeeding her child, i.e., a natural person. This right cannot be exercised by another person breastfeeding the child. To claim these rights, the woman must inform her employer that she is breastfeeding.

A mother who works a fixed weekly working time is entitled to two half-hour breastfeeding breaks per work shift for each child until the child reaches six months of age, and one half-hour breastfeeding break per work shift for the following six months. Breastfeeding breaks may be combined and provided at the beginning or end of the work shift.

For part-time work amounting to at least half of the weekly working time, the mother is entitled to one half-hour breastfeeding break per work shift until the child is six months old.

Unlike breaks for eating and rest, breastfeeding breaks under § 170(3) of the Labour Code are counted as working time and are compensated at the mother’s average earnings.