Can my employer prohibit me from smoking during working hours?
May 27, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
My name is Gerald Jung and I have been working as an office clerk in a large company for five years. Lately, there have been discussions about whether it is allowed to smoke during working hours. My employer has now announced that smoking during working hours is prohibited with immediate effect and that consequences will follow for non-compliance.
I am a smoker and have always smoked during breaks or in my free time. However, I find it difficult to refrain from smoking during work as it is a way for me to take a short break and relieve stress. I perform my work diligently and believe that I can still do a good job even if I take a short smoking break in between.
I am now wondering if my employer can actually prohibit me from smoking during working hours and what legal basis is involved. Are there any ways to find a solution that is acceptable for both parties? I do not want to conflict with my employer, but I also do not want to give up my personal need for a smoking break.
I would be very grateful if you could help me with this matter and provide me with information on how to proceed.
Kind regards,
Gerald Jung
Dear Mr. Jung,
Thank you for your inquiry. The issue of smoking in the workplace is a controversial topic in many companies. In general, the employer does have the right to establish rules regarding smoking during working hours. This means that they can prohibit smoking in the workplace. However, they must adhere to certain legal requirements.
In Germany, there is the Non-Smokers Protection Act, which regulates the protection of non-smokers in the workplace. As a result, smoking is already prohibited in many companies within the buildings. Smoking rooms are only allowed under certain conditions. If your employer now announces a general ban on smoking during working hours, they may refer to this law.
However, there are also exceptions. If smoking is a way for you to take a short break and relieve stress, this could be considered a personal need. In such cases, it is advisable to have a conversation with your employer and try to find a solution together that is acceptable for both parties. Possible solutions could include limiting your smoking breaks to regular break times or finding alternative ways to cope with stress.
It is important that you communicate with your employer and openly address your concerns and needs. Perhaps it is possible to reach an individual agreement that is satisfactory for both sides.
If you are unable to reach an agreement and your employer continues to insist on the smoking ban during working hours, as an employee you have limited legal options. In such a case, you may consult an employment lawyer to assess your rights and potentially take legal action.
I hope that this information has been helpful and I am available for any further questions.
Best regards,
Bernhard Vollmann
