Time break at work: the rules to know

Any employee, when he reached a number of consecutive hours of actual work, has the right to do so Stop time at work.

Whether it’s the break of the coffee machine, the cigarette break, the growing break or the midday break, it is important to cut a few minutes to return to the cooler workstation.

For a break during working hours or outside the company, we see good practices to be respected together.

SUMMARY

The time of the break at work: what does the law say?

According to the labor code, any important employee has the right to a break 20 minutes after 6 hours of work. If the working time is less than 6 hours, no break is mandatory. However, collective agreements can provide longer breaks than these 20 minimum minutes.

For the minor employeeThe pause at work is fixed, in the same methods, but with a base at 4:30 in the morning.

The employee can take his 20 -minute break:

• Once the 6 hours are finished
• Before these 6 hours, if he knows his programs in advance

During this 20 -minute break, the employee is free to do what he wants: personal call, rest, discussion with other employees on pause, etc.

This duration cannot be abbreviated, But the employee can decide to divide him during his day. Therefore, it can decide to take 4 5 -minute cigarette breaks every 1 hour 30 if you wish.

On the contrary, as a employer, you cannot force your employee to divide the pause time at work, under the penalty of having to a second 20 -minute break! This decision must absolutely come from the employee himself.

💡 Good to know: As part of a time development such as the annualization of working hours, the employee also has the right to a pause of 20 minutes after 6 hours of work.

Break the time at work and night workers

In case of night work, the mandatory break time is regulated by specific rules in France. In accordance with the labor code, when an employee performs a minimum working time of Night of 9 consecutive hourshas the right to a break of a minimum duration of 20 unpaid 20 minutes. This break can be divided into two periods of 10 minutes if the organization of work allows it.

It is important to emphasize that this break must be taken in the workplace, unless they provide for any conventional provisions or a corporate agreement. However, it should allow the employee to rest and relax in conditions adapted to the nature of night work.

In addition, the labor code also provides for that, a Employees who work more than 6 consecutive hours at night, a further break of a minimum duration of 45 minutes must be granted. This pause, also unpaid, must be taken at a suitable time, generally in the middle of the night work period.

📧 Download our leaf of time Excel👇 for free

Time break at work: how to inform employees?

It is very importantinform employees about their pause time at work. To do this, you can set up a brief explanation at the entrance of the office. You can also simply view information in the company.

Do not forget that the collective agreement often provides for a picture and exceptions to the work break as required by law.

The remuneration of the pauses at work

The law is very clear on this topic: The pause time at work is not remunerated! To be remunerated, it should go to the calculation of the actual working time.

There are some exceptions to this principle, which allow you to include pause time in actual working time:

• If the employer expressly asks the employee to do something during this break, for example the monitoring of the phone.
• If the employee is in training or travels at the request of his employer

Once again, the collective agreement may provide for different provisions. Be alert!

🚀 With factorial, you can add several breaks to the programs and indicate whether they are paid or not.

Is there a difference between the break at work and the lunch break?

The pause time at work is a moment of freedom that the employee takes to decompress a few minutes. For example, it can be socializing with other employees, having a coffee or lengthening your legs.

The longest and best known pause at work is the lunch break, which allows you to eat.

However, few employers and employees know it, but the lunch break is a myth that does not exist in law!

Indeed :

• The law does not require specific time or program for lunch
• The only obligation is to provide 20 minutes of break if it works at least 6 hours a day, as mentioned above
• Traditionally, supervision is made by a collective agreement

This implies that a company may not provide a lunch break.

So, as a employer, you can force the employee to take on his 20 minutes of legally mandatory daily break, to eat!

However, it is a bit of widespread and above all strongly discouraged practice, both for the morale of the troops and for their need to benefit from a real time to break at work for lunch and enjoy a cut.

Traditionally, companies provide a second break, called lunch, ranging from 45 minutes to 1 hour 30 and specific rooms available.

What happens in case of pause time abuse?

In France, the mandatory break It is an essential right granted to employees in order to guarantee their well -being and their health at work. However, when this advantage is abused, consequences can be felt.

In case ofAbuse of pauses at workCompanies can take disciplinary measures appropriate to restore balance and maintain productivity. This may include formal notices, temporary suspension or even in the most serious cases, layoffs.

💡 To know : The employer must Respect the pause time at minimum work under penalty of exposing themselves to penalties. Any violation can be reported by an employee to the Labor Inspectorate and can even take over the industrial court.

Can the employer impose the employee to take a break in the workplace?

In France, The employer cannot impose on the employee to take a break in the workplace.

According to the labor code, the pause time must be granted effectively to employees and can be brought outside the workplace. This allows employees to rest and relax in an environment other than that of their work, thus promoting their well -being and productivity.

However, It is important to note that there may be exceptions to this ruleEspecially in some sectors of activity in which operational constraints, safety or specific work can justify the pause in the workplace.

In this case, agreements must be implemented so that employees can benefit from a real pause and disconnect from their professional tasks.

Aside from the obligation to take 20 minutes in one day for 6 hours of work, the break is organized differently in each company. The company’s agreement, or failure of this, the agreement on the branch, implies negotiation with employees and unions.

In terms of working time management, the goal is to find the right balance and allow disconnection. Be benevil, discuss, negotiate in good intelligence and you will find your cruise rate!

✅ Factorial test, Hrsh in terms of management and monitoring of the time of employees👇