Do you have to stamp out for the smoking break in the job?

A stressful day at work, one or the other is looking for a short moment. For some this is the smoking break. Do employees then have to stamp out for the interruption? And can the employer prohibit employees for cigarette or vape at the door?

« A smoking break is a regular break, an interruption of working hours, » explains Jakob T. Lange. He is a specialist lawyer for labor law in Wiesbaden. That means: If you go into a smoking break, you have to deregister regularly for the time. If there is a time recording system, the employer can also request that employees stamp out for smoking break. The time does not apply – like every regular break – to be reworked and may have to be reworked.

When employers can restrict smoking

In addition: Even if employees can usually design their breaks as they want, there can be restrictions with a view to smoking, according to the specialist lawyer.

On the one hand, the health protection of non -smokers plays a role here that employers have to consider. In addition, the topic of fire protection can also be relevant. Just think of a petrol station where, due to the risk of fire, it is limited where you can smoke.

Means: Depending on the type of company, the employer can ban smoking in certain premises, work areas or even the entire company premises. According to the common legal opinion, an unrestricted smoking ban for employees cannot be issued.

In any case, when it comes to smoking, the employer had to consider the rights of the works council’s co -determination rights – if there is one in the company – according to right -wing expert Lange. A smoking ban or its design regularly requires the consent of the works council.

To the person: Jakob T. Lange is a specialist lawyer for labor law and a member of the executive committee of the Working Group on Labor Law in the German Lawyers’ Association (DAV).