Do we know what rest is at work? Is your company aware of what the law says about it? What right do templates have to them? What weather are we talking about?
Organizations should foster dynamics that take care of the physical and emotional health of their employees. One of them is rest at work.
Rest at work consists of a daily break when the working day exceeds six hours. It is the time when the worker rests and recovers physically and psychically from the fatigue caused by his work.
All workers whose working hours exceed six continuous daily hours are required to rest during the same period of at least 15 minutes. As general guidelines:
- Provided that the continuous daily day exceeds 6 hours, a rest period should be established for the same period of not less than 15 minutes.
- Between the end of one day and the start of the next, at least 12 hours will pass. Working time will be calculated so that both at the beginning and end of the daily day the worker is in his or her workplace.
- The work calendar shall be drawn up annually by the company and a copy of it must be displayed in a visible place in each workplace.
- Workers shall be entitled to a minimum weekly rest, cumulative for periods of up to fourteen days, day and a half interrupted (implement 1, art. 37 ET).
Smokers: Do you count as a work break?
The answer is yes. The rest period recognised by law to the worker whose working time exceeds six hours per day shall be considered as effective working time where this is established by collective agreement or in the employee's employment contract.
That is, if, in accordance with the provisions of the collective agreement, this rest time counts as effective work, then it will be remunerated. However, in cases where the collective agreement remains silent in this regard, it shall be deemed not to be counted as working time or remunerated, unless there is a pact to the contrary.
Therefore, the rest time does not have to be paid, it will depend on the provisions of the collective agreement or the employment contract.
Rest not enjoyed, paid rest?
But in case, because of the type of activity, the rest cannot be enjoyed, it must be paid, because if it would not involve the provision of overtime.
In this same line, it is important to point out what the Supreme Court says in relation to continuous guards: they are working days where the worker cannot enjoy such rest for reasons of the exercise of his work.
The TS says in this regard that by collective agreement, the replacement of rest time with cash compensation may be agreed. This is stated in STS 5422/2015 where it can be read that 'the rest time not enjoyed must be paid because otherwise it is excessive on the usual working day'.
The role plays collective bargaining in breaks on the working day
Different types of collective bargaining play a major role. It is through them that various aspects related to breaks in the working day can be regulated.
Rest in the working day positively influences the performance of employees. It is estimated that a break at work allows workers to be more effective in returning to their tasks.
Productivity is effective and can increase because creativity and motivation are encouraged. In addition to this, rest at work has a positive impact on the mental health and mood of the organization's professionals.
Therefore, rest at work is not only essential for the worker, but is also of vital importance to the interests of the employer or employer himself, as they serve to ensure the long-term performance of his employee.