Is a smoking break (Raucherpause) a legal right for employees?

Is a smoking break (Raucherpause) a legal right for employees?

Short answer:
No, a smoking break (Raucherpause) is not a separate legal entitlement for employees in Germany.

Legal details:

The law does not provide for a special “smoking break”:

The law only regulates your right to a general rest break (Pause) during the working day:

• At least 30 minutes if you work more than 6 hours.

• 45 minutes if you work more than 9 hours.

You are free to use part of this statutory break to smoke if you wish.

Outside the official break times:

• You do not have an automatic right to leave your workplace to smoke during your actual working time (Zeit der Arbeitspflicht).

• The employer may regulate, restrict or even prohibit smoking breaks outside the statutory rest breaks.

Typical company rules:

Examples of common internal rules:

• “Smoking is only allowed during the official break.”

• “Any smoking break outside the official pause will be deducted from working time and must be recorded.”

Non-smoking employees:

• In order to maintain fairness between smokers and non-smokers, many companies require that all smoking breaks count as unpaid time and must be documented.

Possible consequences:

• If you regularly use working time for smoking without permission, you may receive a warning (Abmahnung) or face disciplinary measures.

Quick summary:

• A smoking break is not a separate legal right.

• You are only entitled to smoke during your statutory break (Pause).

• Any smoking break beyond that must be approved by the company or recorded as non-working time.

• The employer is allowed to regulate or prohibit smoking breaks in accordance with internal rules.

Practical tip:

• Check your company’s internal regulations regarding smoking at work.

• If there is a dispute, talk to HR or the works council (Betriebsrat), if available.

The editorial team of this website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or some details may be incomplete or not fully confirmed. Please treat the information in this article as an initial point of reference and always contact the competent authorities or professionals for binding and up-to-date advice.