It is important to highlight that there is an exception to this Phone number list general rule of the Workers' Statute and it is with minors, since the regulations indicate that "workers under eighteen years of age will have a minimum break of 30 minutes provided that the duration of their working day exceeds four and a half hours. Smokers: does it count as work break? The answer is yes. The rest period recognized by law for a worker whose working day Phone number list exceeds six hours a day shall be considered effective working time when so established by collective agreement or in the employee's employment contract. In other words, if according to the provisions of the collective agreement, this rest time counts as effective work, then it will be paid. But in cases in which the collective agreement is silent on the matter, it will be considered that it does not count as working time nor is it paid, unless there is an agreement to the contrary. Therefore, the rest time does not have to be remunerated, it will depend on what is established in the collective agreement or in the employment contract.
Unenjoyed rest, paid rest? But in the event that, due to the type Phone number list of activity, the break cannot be enjoyed, it must be paid, because otherwise it would mean the provision of overtime. In this same line, it is important to point out what the Supreme Court says in relation to continuous shifts: they are working days where the worker cannot enjoy said rest for reasons of carrying out their work. The TS says in this regard that by means of a Phone number list collective agreement the substitution of rest time for a cash compensation can be agreed. This is indicated in the ruling STS 5422/2015 where it can be read that "unused rest time must be paid because, otherwise, it involves an excess over the usual working day". The role played by collective bargaining in breaks in the working day The 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. And it is indicated in this article that by collective agreement it can be determined: whether or not the worker can be absent from the workplace during the break, the fragmentation of the worker's rest time and the moment in which the break will take place.
Types of breaks in the working day As established on the website of the Ministry of Labour, Migration and Social Security of the Government of Spain, the following are considered: Between the Phone number list end of one day and the beginning of the next there will be at least twelve hours. When the duration of the continuous daily shift exceeds six hours, a rest period must be established during the same of a duration of not less than fifteen minutes. This period will be considered effective working time when it is so fixed or established by collective agreement Phone number list employment contract. When the duration of the continuous daily shift exceeds four hours and thirty minutes, workers under 18 years of age will have a rest period of a minimum duration of thirty minutes. Workers will have the right to a minimum weekly rest, cumulative for periods of up to fourteen days, of a day and a half uninterrupted, which, as a general rule, will include Saturday afternoon or, where appropriate, Monday morning and the full day of Sunday. . The duration of the weekly rest of those under 18 years of age will be, at least, two uninterrupted days.