The legal framework for break times for 7 hours of work
Break times can be a topic of debate in the workplace, and some employers are more flexible than others. According to the law, how much break time are you entitled to for a 7-hour day? Here's everything you need to know about breaks at work, their pay, and the rules to follow.
How much break time for a 7-hour work day?
According to the French labor code, a full-time job corresponds to 35 hours of actual work per week. This represents 7-hour days. During these days, the employer must legally grant break time, which may correspond to a coffee break or a lunch break. It is not possible to deviate from this legal provision.
Break time at work: what does the law say?
The law stipulates that as soon as an employee works at least 6 hours during the day, they must take a 20-minute consecutive break. It is completely legal to grant this break time for lunch because this break can be granted before 6 hours have passed. In this case, the employee has 20 consecutive minutes to eat lunch, and will not have any other time to relax during the rest of the day. It is not possible to break up these 20 minutes. Some contractual provisions provide for a longer break time. Please note that the break entitlement for a minor employee is 30 consecutive minutes for every 4.5 hours of actual work during the day.
Can the employee attend to their personal activities during their break?
During their break time, the employee is no longer at their employer's disposal. This is a time when they often remain on the company premises, but during which they do not have to monitor the telephone, participate in a meeting, even an informal one, or greet customers. However, if the employee is injured during their break time, this accident will be considered an accident at work.
Is break time included in working time?
Statutory breaks are not included in working time, since the employee is not at the employer's disposal. However, a collective agreement may provide more advantageous provisions.
Counting break times in pay
In principle, break times are not paid, as they do not correspond to actual work. The employee is free to pursue their personal activities. For example, if an employee worked from 8 a.m. to 3 p.m., with a 20-minute lunch break, they will have worked - and will be paid - 6 hours and 40 minutes for their day. To be paid for 7 hours, they will have to have a longer workday and finish their day at 3:20 p.m. A distinction is always made between the employee's working hours, i.e., their time spent at the company, and their actual working hours.
Are coffee breaks counted as break time?
The law distinguishes between cigarette breaks and the legal 20-minute break. The time an employee needs to go to the bathroom, get a coffee, or smoke a cigarette is considered to be natural needs. There is therefore a tolerance for these short breaks that are added to the 20 minutes per day.
Cases of Dispute
Some employers may not allow their employees to take their 20-minute consecutive break, even though this is legal. Also, some employees would sometimes like more freedom in managing these rest periods.
When the employer does not respect break times
If the employer forces employees to work 7 hours a day without granting them the right to a 20-minute consecutive break, they can then file a complaint with the industrial tribunal. They can also file a report with the labor inspectorate. The labor inspector will then conduct an inspection and apply sanctions if it is found that the law is not being respected.
When the employee wants more break time
The courts allow employees who take small additional breaks, beyond the legal 20 minutes. The only rule for the employee to follow is to keep these breaks to a reasonable time that is not detrimental to the employer or the customer. However, if these additional breaks are excessive, the employer can sanction the employee. Depending on the company's field of activity, the seriousness, and the consequences of the facts, the sanction can range from a simple reprimand to dismissal for serious misconduct.
Business practices
In practice, companies often grant much more break time than what is required by law. By provision in the collective agreement or simply by custom, a break of at least 1 hour is often granted at lunchtime, or even 2 hours. Furthermore, employers tolerate cigarette or coffee breaks during the day. In this case, the company does not differentiate between these break times and actual working time.
The cost of break times
All the short breaks taken by employees during their day can cost the company dearly. If we look at the facts, these short periods of absence are times during which employees are not working, even though they are being paid. All these minutes added up can translate into euros and reach a significant daily amount, sometimes several thousand euros.
The Benefits of Breaks
However, employers generally tolerate these informal breaks because they significantly promote good interpersonal relationships between employees, thus leading to greater daily motivation. Furthermore, since employees are human beings, it is not possible to work several hours in a row while maintaining optimal concentration and intellectual performance. The brain needs to disconnect for a few moments, regularly throughout the day, to be able to function properly. It is therefore considered that in return for the lost minutes, the performance, engagement, and lower stress levels of employees within their company are significantly improved.
