Can my employer forbid me from smoking during my break?
October 21, 2023 | 40,00 EUR | answered by Alexander Lenzner
Dear lawyer,
My name is Jonas Busse and I have been working in a medium-sized company for three years. In recent weeks, my employer has introduced a new rule stating that smoking during working hours, including during breaks, is not allowed. This rule personally affects me as I regularly take a cigarette break during my breaks to relax and relieve stress.
I understand that smoking is harmful to health and that my employer has the well-being of its employees in mind. However, I feel restricted in my personal freedom and wonder if my employer is actually allowed to prohibit smoking during breaks. Is this rule legally permissible, or do I have the right to smoke during my break?
I am concerned that this rule could set a precedent and lead to further restrictions on my personal freedom. Are there any ways to challenge this rule or reach an agreement with my employer that is acceptable to both parties?
I request your expert opinion on this situation and possible legal steps I can consider. Thank you in advance for your help.
Sincerely,
Jonas Busse
Dear Mr. Busse,
Thank you for your inquiry regarding your employer's new regulation on smoking ban during working hours, including breaks. It is understandable that you feel restricted in your personal freedom and are concerned about the legality of this regulation.
In general, the employer, as the owner of the premises, can establish certain rules and regulations for the behavior of employees in the workplace. This includes the regulation that smoking during working hours is prohibited. However, there are also limits to this regulation that must comply with labor law.
Regarding the smoking ban during breaks, it is important to consider that these breaks are intended for the relaxation and rest of employees. Therefore, a general smoking ban during breaks could be seen as an unreasonable restriction of personal freedom. It is advisable to engage in dialogue with your employer and discuss possible alternatives that take into account both the employer's health interests and your personal need for relaxation.
If you still wish to challenge this regulation, you may consider taking legal action. In this case, it would be wise to consult with an experienced employment lawyer to assess your rights and options. Perhaps an amicable solution could be reached with your employer that is acceptable to both parties.
In conclusion, it is important to remain objective in such situations and act towards a constructive solution. I hope my explanations have been helpful and I am available for further questions.
Sincerely,
Alexander Lenzner
Employment Lawyer
