Quick answer
- The meal break is NOT included in working time unless the collective agreement or internal rules say so.
- For a daily schedule longer than 6 hours, a meal break is granted.
- If the break is not part of working time, it is not paid as hours worked.
- Between two working days, the daily rest is at least 12 consecutive hours.
- The break's duration and conditions are set by the collective agreement or internal rules.
What the law says
- Art. 134 Labour Code: for schedules over 6 hours, employees are entitled to a meal break and other breaks.
- Breaks count as working time only if the collective agreement or internal rules provide so.
- Art. 135 Labour Code: daily rest between two working days is at least 12 consecutive hours.
- For shift work, daily rest may be at least 8 hours between shifts.
- For workers under 18, the meal break is at least 30 minutes for schedules over 4.5 hours.
Practical examples
- Example: on an 8-hour schedule, if the 30-minute break is not set as working time, the paid time is 8 hours on top of the break.
- Example: internal rules may state that the 30-minute meal break is included and paid.
- Example: an employee finishing at 22:00 cannot be scheduled before 10:00 the next day (12-hour rest).
- Example: a 17-year-old on a 6-hour schedule gets a meal break of at least 30 minutes.
Common mistakes
- Automatically treating the meal break as paid time, with no provision in the agreement or rules.
- Not granting a meal break for a daily schedule over 6 hours.
- Scheduling the employee without respecting the minimum 12-hour daily rest.
- Having no written break rule in the company's internal regulations.
How 4softhr helps
- 4softhr configures the meal break as included or excluded from working time per the company's rules.
- It correctly computes paid hours, subtracting the break or not, per the set rule.
- It automatically checks the minimum 12-hour daily rest between shifts and alerts on breaches.
- It applies special break rules for under-18 workers in the time-tracking schemes.
- It documents break rules in the time-tracking records in the 4b2b ecosystem, ready for inspection.