Employee break time in the company: what are the rules?
Verified 16 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Can you take a break during your working day in your company, apart from your lunch break? How long is it? We're doing an update on the regulations.
During your actual working time , you are at the disposal of your employer and you must comply with his instructions.
During your working day, you cannot interrupt your professional activity to take care of your personal activities (for example, leaving your workplace because of personal leisure).
However, you can take a break from short-lived, subject to conditions, outside your lunch break.
Example :
You can freely call, have coffee, smoke a cigarette, for example.
The length of the break time depends on your situation:
You are an adult employee
As soon as your daily working time reaches 6 hours immediately, you must have a break of at least 20 minutes consecutive.
The break is granted:
- Either immediately after 6 hours of work
- Either before this 6-hour period is completed
One collective agreement or a collective company agreement can set a longer break time.
You are a minor employee
You must have a break of at least 30 minutes after a continuous period of work of 4:30.
The break is granted:
- Either immediately after 4 hours 30 hours of work
- Either before this duration of 4 hours 30 hours is entirely completed
One collective agreement or a collective company agreement can set a longer break time.
In principle, the break time is not paid unless it is considered actual working time.
This is the case when the employee has to remain available for his employer, during his break, in case of need. The salary during the break is then held.
Please note
One collective agreement or a company agreement or a branch agreement may provide for the payment of breaks even where such breaks are not recognized as actual working time.
There is a tolerance for break times at your workplace whenever you take a break time of reasonable manner.
In practice, your employer can punish you for repeated abuse either through a simple reprimand, or by a disciplinary lay-off, or even a dismissal for misconduct.
It is up to your employer to show that you are taking breaks in an abusive manner, if that is the case.
If you feel that your employer is not respecting the break times, you can, notify your employer by letter with RAR: titleContent.
If, following your report, your employer does not respect the break times, you can then notify labor inspection or enter the labor council (CPH).
Please note
an employee who has not had a break of at least 20 consecutive minutes may request the reclassification of the time of the break not taken into actual working time, a salary recall and damages.
Who can help me?
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For further information
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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The informants who answer you belong to the ministry responsible for labor.
Actual work
Remuneration (public policy provisions)
Remuneration provided for by agreement or agreement (scope of collective bargaining)
Contract Remuneration (Supplementary Provisions)
Break Time
Working hours of employees under 18 years of age