Close This website uses modern features that are not supported by your browser. Click here for more information.
Please upgrade to a modern browser to view this website properly. Google Chrome Mozilla Firefox Opera Safari
your legal news hub
Sub Menu
Search

Search

Filter
Filter
Filter
A A A

No pay for smoke breaks, Spanish court rules

Publish date: 19 February 2020
Issue Number: 323
Diary: Legalbrief Workplace
Category: General

A company that stopped paying its employees for smoking breaks has won its case in Spain's High Court. According to a BBC News report, energy company Galp says it was implementing Spanish law when it began deducting time spent off premises from employees' working days. A quick coffee break or breakfast with a colleague is also included in Galp's policy, which began in September last year. The trade union that brought the case to court plans to appeal the decision. Recent changes to Spanish law require companies to record employees' entrances and departures from the workplace. The monitoring was supposed to prevent workers' exploitation and increase flexibility in working contracted hours. It was also supposed to address Spain's problem of unpaid overtime work – in 2019 nearly three m i l l i o n of hours worked overtime were never paid. But the requirement has had unforeseen consequences for Spain's roughly 10m smokers. By recording when employees leave and enter the office, companies can calculate how much time workers are spending at the desk. At Galp, employees who eat into their contracted hours by leaving the office for a smoke can't expect to be paid for the full working day. Spain's High Court relied on a previous ruling that workers do not have the right to a paid cigarette, coffee or breakfast break.

Full BBC News report

We use cookies to give you a personalised experience that suits your online behaviour on our websites. Otherwise, you may click here to learn more, or learn how to block or disable cookies. Disabling cookies might cause you to experience difficulties on our website as some functionality relies on cookie information. You can change your mind at any time by visiting “Cookie Preferences”. Any personal data about you will be used as described in our Privacy Policy.