Available during the break

If employees work more than six consecutive hours, they must be granted a break of at least 15 minutes (or 30 if they are under 18 and work more than four and a half consecutive hours). However, this break is not paid, so that time must be made up for, in general (if historically workers have never made up for those 15 minutes of mandatory break, this condition can only be eliminated through a substantial modification of the working conditions).

If these breaks are not respected, the Labor Inspection can sanction the company with a fine of up to 7,500 euros for violating basic labor rights.

During the lunch break, the worker has the right to rest, so the company cannot demand physical availability (for example, requiring them to be in a specific room or near the center) or digital availability (for example, requiring them to have the company phone on and answer calls they receive).

Therefore, the courts consider that when the company cannot guarantee total disconnection during this break, this period must be counted as working time. In other words, it is not a rest period if they have to be available for a possible call, as real disconnection is not achieved.

 

Our professionals will inform you about any doubts you may have regarding breaks and digital disconnection.