Breaks are an important part of the working day. But many employees may wonder what rules apply to breaks, including whether they should answer the phone if it rings during breaks. Here we explore some of the basic rules around breaks.
The right to breaks
How long and how many breaks are you entitled to? Does your employer have to pay for them? And can you afford to be unavailable during breaks? The rules for breaks are regulated by the Working Hours Act. However, if you are covered by a collective labour agreement, this will contain a specific description of the rights you have in relation to breaks from work. You can also refer to any local agreements, the staff handbook or your employment contract to learn more about the break rules that apply to you.
If you are not covered by a collective agreement, the Working Hours Act states that you are entitled to a break if you work more than 6 hours. More specifically, it states that:
“An employee with daily working hours of more than 6 hours is entitled to a break of such an extent that the purpose of the break is met. The break shall be scheduled in accordance with the normal rules for scheduling working hours at the workplace” (LOV no. 248 of 08/05/2002, §3).
The length of the break and whether it is paid for by the employer is not specified in the law, but the break must be long enough for you to unwind, which is typically 30 minutes where you have time to eat and relax.
It's important to emphasise that the law allows for some flexibility, and employers and employees can agree on different break arrangements in some cases. For example, if it's customary to have a communal breakfast every Friday where all employees take a 20-minute break together.
Special break rules
The Working Environment Act states that if employees work under special conditions, such as extreme temperatures or unilateral, strenuous work, they are entitled to “suitable breaks” at certain intervals where their bodies are relieved. More specifically, it says that the risks of repetitive, strenuous work can be minimised:
“In that (...) appropriate breaks are scheduled. Breaks are considered adequate when they are appropriately placed in relation to the intensity and duration of the work. Working periods without breaks should not exceed one to one and a half hours. Breaks should be of a duration that allows for muscle relaxation. Breaks are most effective if they can be taken as needed. Stops in work to maintain muscle tension, for example to be ready for action, do not count as breaks.”
For example, the rule is relevant for employees who perform work that involves pushing, lifting, pulling or otherwise physically demanding work. It can also be relevant for employees who perform monotonous monitoring work, such as checking assembly line work and monitoring machinery and process plants, as well as road and train driving.
Are you entitled to smoke breaks?
In Denmark, there are no specific rules or laws that entitle employees to smoke breaks. However, occupational health and safety legislation generally regulates the working environment in the workplace and companies may have internal policies regarding smoking breaks.
Occupational health and safety legislation requires employers to ensure a healthy and safe working environment for their employees. This can include rules on smoking in the workplace, including the creation of designated smoking areas or restrictions on smoking indoors.
The employer has the right to set specific guidelines on how and where smoking breaks can be taken to ensure that they do not disrupt work processes or negatively affect the working environment. For example, the employer can make it clear that smoking is not allowed while wearing the company uniform or driving a company car that shows where the employee is employed. However, the employer cannot set rules that prevent the employee from leaving the workplace and smoking during self-paid breaks.
Coffee break at 10am and tired at 2pm?
Do you also need a little break after a few hours of work? Or do you feel tired and need some fresh air at 2pm?
There are no specific rules that entitle employees to shorter coffee breaks during the working day. However, in many workplaces it is customary to take shorter paid breaks in the morning and afternoon. In addition, several studies indicate that a few short breaks in the form of 5-10 minutes of fresh air, a cup of coffee in the lunch room or a short chat with a colleague have a positive effect on employees' efficiency, their ability to think creatively, the working environment and professional collaboration in general, as well as on the risk of developing stress and other related diseases. You can read more about it here here.
Payroll and phone calls during breaks: Should you answer?
Two questions in particular often come up when talking about work breaks. Are employees entitled to pay during breaks? And should employees be available if their phone rings during the break? The answers largely depend on company policies and the individual situation.
But as a general rule, employees are not entitled to pay during breaks. And because breaks are not paid, the employee is not obliged to be available during the time of the break. For the same reason, they also have the right to leave the workplace if they wish. If the employer wants the employee to be available, the employee must be paid for the break.
Some companies may have a policy that encourages employees to take complete breaks from work-related tasks, for example by leaving voicemail during paid breaks.
If you as an employer don't already have specific rules for employee availability during breaks, you should define some so that the guidelines are clear and transparent to employees.
The balance between availability and pause
Finding a balance between being available and taking a real break is crucial for workplace culture and employee wellbeing. It's a good idea to clarify company policies regarding breaks and work-related phone use to avoid misunderstandings and conflicts.
Ultimately, the key to a healthy work situation is to respect both the employee's right to breaks and the company's need for productivity. Clear communication and guidelines can help create a work environment where both employers and employees feel respected and well-informed.
Other rules on working hours, rest periods and breaks
The Working Hours Act and the EU Working Time Directive set out a number of other rules to ensure employees' working conditions. These include the 48-hour rule, the 11-hour rule, rules on overtime and time off in lieu, and not least the new law that requires employers to introduce a working time system: “objective, reliable and accessible working time recording system that makes it possible to measure each employee's daily working time”. You can read more about the different rules for working hours and breaks in our blog post here:
- New law on working time registration requirements
- The 11-hour rule
- The 48-hour rule
- Overtime and time off in lieu rules
Intempus can be customised to your rules
Intempus can be set up to comply with your organisation's local agreements and collective agreements, including rules for working hours, rest periods and breaks - both paid and unpaid. This means you don't have to worry about whether you've followed the rules to the letter. At the same time, you save the time you would otherwise have spent ensuring compliance.
Are you curious about how Intempus can meet the needs for easier administration in your organisation? Contact us for a no-obligation chat by phone +45 26 390 400 or book a demo here:
Sources: Arbejdstilsynet.dk, Retsinformation.dk, Jyllands-posten.dk.
