Smoking at the workplace: You have to know these rules!

Smoking at the workplace: You have to know these rules!

In the current discussion about smoking breaks in the workplace, there are ambiguities and disputes in many companies. The question of whether employees have to stamp out for their smoke breaks causes excitement. According to Antenne AC Smoking breaks are considered a regular interruption of working hours. This means that employees have to unsubscribe from an existing time recording system and, if necessary, stamp out.

A little background knowledge: The Working Hours Act (ArbZG) regulates maximum working hours and pause times, but there are no special regulations for smoking breaks. With a working time of more than six hours, a break of at least 30 minutes is provided, which can also be used for smokers. However, there is no obligation for further, non-legally regulated breaks, and employers could also prohibit them, so Forum Verlag .

stamping out and the relevance of the documentation

If you respond to the legal details, it should be noted that employers have the opportunity to consider smoking breaks as disproportionate working time fraud if they are not covered with satisfaction. In the past, courts have decided that companies can terminate employees if they do not adhere to the regulations. A clear regulation of smoking breaks is therefore essential to create legal certainty.

Company agreements can play an important role here. Among other things, these should define the obligation to get out and the maximum number and duration of the smoking breaks. In addition, there is the obligation to treat equivalent treatment between smoking and non -smoking employees in order to avoid tensions within the team. Finally, health promotion programs for smoking cessation should also be taken into account in order to reduce the dependence on smoking breaks, reports Kanzlei Hasselbach .

smoking and health protection

Another central point is health protection, which particularly benefits from the non -smoking. Employers are obliged to ensure that no tobacco smoke gets into the breathing air of non -smokers. This can be done by protected smoking zones or a complete ban on smoking in sensitive areas, such as hospitals. However, whether this is legally permissible depends on the factual justification and proportionality, but is generally legally attackable if it is considered to be exaggerated.

Conclusion: The legal situation around smoking breaks is complicated and requires a clear and transparent regulation in every company. Employers and employees should work together on clear agreements to ensure that everyone involved is treated fairly and at the same time the health protection is respected.