It is difficult to translate these figures to Europe, but US researchers have calculated that each smoker costs his or her company approximately 5,500 euros more per year. Smokers, they say, are less productive, get sick more often and put an excessive burden on insurance.
But in Europe, as in the rest of the world, smoking is also a problem in employer-employee relations. Non-smokers feel disadvantaged because they work all day without smoking breaks, while smokers do not want to give up their privileges. In this case, the right is retained by non-smokers.
Do employees have the right to a smoke break?
Unfortunately, the time it takes to leave the workplace, leave the building, smoke a cigarette and return to the workplace is purely free time. Several courts have confirmed this in recent years. This means that smoking breaks can even be banned altogether. If you are still allowed to go out for a puff, that is goodwill. Consequently, this time should not be paid at all and smoking breaks would be allowed to be deducted from the total working time.
In 2018, even in Germany, in an accident in which an employee on his way to the cigarette break had his foot crushed by a forklift truck, an accident at work was denied. Therefore, the injured smoker could not benefit from the protection of the compulsory accident insurance.
When is smoking a cigarette at work allowed?
Simply... when the employer allows it as a gesture of goodwill. There are also special provisions in certain workplaces where many employees smoke, or if the boss likes to smoke himself. However, the rules can vary, and many companies require their employees to clock in during smoke breaks and make up for lost time.
Outside of these company agreements, employees may, of course, smoke during unpaid breaks (such as lunch), as long as there is space available. Smoking is therefore not allowed in the workplace or on the factory floor. If a company condones such behaviour, it is in breach of the legal protection of non-smokers in the workplace, which is laid down in Article 5 of the Workplace Ordinance.
What are the consequences for employees who smoke without permission?
In this case, the employee "is in breach of his or her obligation to perform his or her work", says employment lawyer Semmler. This is a breach of contract, which can result in a warning or (in the case of a repeat offence) dismissal.
But I continue to work while smoking - can't this smoking break be considered working time?
It is quite possible for employees to continue working during a smoke break. Phone calls can be made, project work can be continued within the team (in between smoking) or new concepts can be developed. There are many areas where the boundaries between work and private life are difficult to draw. However, this is not the case in labour law. "A break is not work" and smoking is a break, not least because smoking at work is forbidden.
What if non-smoking colleagues do not agree to smoking breaks?
Non-smokers could even be banned from these breaks. Employers have an obligation to protect the health of their employees, and health protection comes before protection against smoking. For small businesses, this can be a problem. If there is only one break room available, it must be a non-smoking room.
How can we, as smokers, contribute to a better working environment?
We need to reinforce fairness and equal treatment. If a smoke break is important to us, we can return to work with renewed vigour and motivation. Perhaps it is also conceivable for other colleagues to take "smoke-free breaks" to achieve the same goal.