Smoking during work – a point of conflict in care homes and clinics: non-smokers complain about smoking breaks and smokers ask for more understanding.
Smoking is basically a private matter and is not seen different than when you do your shopping chores during work. Therefore, there is no legal right granted to smoke during work.
The employer does not have to tolerate the employee’s habit of smoking. He can demand that smokers register smoking breaks as an interruption of working time and then announce the resumption of service.
According to current labor laws, the employee is entitled to a break of 30 minutes at a working time of 6 to 9 hours. At a work schedule of more than 9 hours, even 45 min breaks are granted. This time can also be used for smoking breaks. The employer is not obliged to tolerate the fact that the employee leaves his job and goes to smoke. Very frequently, dissatisfaction arises among the non-smokers employees who have to take over the work of those who go out to smoke. Especially when these smoking breaks are not equated. That is why clear rules regarding smoking breaks ensure satisfaction among employees and avoid other problems.
Allowing smoking only during the breaks does not make much sense. Let’s not forget that smoking is an addiction. Prohibiting smokers from smoking can lead to a lack of concentration and a decrease in work efficiency. Clear regulations are needed here. If there is no fixed program in the company that includes smoking breaks, you can use software that allows you to log in and log out of the workplace.