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Smoking break: am I entitled to one?

A cigarette in between during work: does that count as working time, and does the boss have to allow it? On the topic of smoking breaks there are many misunderstandings. In fact there is no statutory entitlement to one.

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There is no statutory entitlement to an additional (paid) smoking break. If you leave your workplace for a cigarette, this time in principle does not count as working time, unless the employer tolerates or expressly regulates it otherwise.
The employer can regulate, restrict or require that you clock out and in again for smoking breaks. A practice tolerated so far he can change. Anyone who leaves the workplace frequently and for long without permission risks consequences under employment law.

What you should do now

  1. 1

    1. Check the rules

    Is there a rule on smoking breaks in the operation (employment contract, works agreement)?

  2. 2

    2. Mind working time

    Without a rule to the contrary, the smoking break does not count as working time.

  3. 3

    3. Do not overdo it

    Frequent, long absence without permission can lead to a warning.

  4. 4

    4. Equal treatment

    If breaks are granted, the rules should apply equally to everyone.

Frequently asked questions

Am I entitled to a smoking break?

No, there is no statutory entitlement to a separate (paid) smoking break. You are entitled to the statutory rest breaks, but not to additional breaks for smoking. Whether and how smoking breaks are possible depends on the operational rules and on toleration by the employer.

Does the smoking break count as working time?

In principle not: if you leave your workplace for a cigarette, that is as a rule not working time, unless something else is expressly regulated or practiced in the operation. Some employers require clocking out and in. Anyone who is absent frequently and for long without permission risks a warning.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.