Right to Workplace Rest: What the Workers’ Statute Says

Taking a few minutes to stop, have a coffee, or stretch your legs is something most workers do routinely. But what many don’t know is that this small break is not dependent on the altruism and generosity of the company: it is a right regulated in the Workers’ Statute, designed to protect health and well-being at work.

 

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What does the law say about work breaks?

Article 34 of the Workers’ Statute is clear:

• If the continuous working day exceeds 6 hours, the worker is entitled to a minimum 15-minute break.
• In the case of workers under 18, whenever more than 4 and a half consecutive hours are worked, the break is 30 minutes.

This right is non-waivable. That is, no company can deny it, nor can any worker give it up even if they want to.

Are breaks always paid?

The key depends on what the collective agreement or the employment contract states:

• If it is considered effective working time, those 15 minutes are paid like any other part of the working day.
• If not provided for, the break is still taken, but it is not paid.

This means there may be differences between workers depending on their agreement or employment contract.

Special cases and frequently asked questions

The right to breaks is mainly regulated in the Workers’ Statute, but in practice, there are situations that generate many doubts for both employees and companies. Here are some of the most common cases:

Exact six-hour shifts

If your shift is exactly six hours, the law does not require a break. However, many collective agreements include breaks even in this case to promote work-life balance and risk prevention. Therefore, it is always advisable to check the applicable agreement in your sector.

Workers under 18

Underage workers have special protection. If their continuous working day exceeds 4 and a half hours, they are entitled to a minimum 30-minute break, regardless of what the collective agreement states.

Are breaks always paid?

The 15-minute break is not always automatically paid. It will count as effective working time (and therefore be remunerated) only if established by the collective agreement or employment contract. If not provided for, the company can grant the break, but is not obliged to pay for it.

Can the company change the break time?

Yes, as long as the minimum break and agreed conditions are respected. The company has the ability to organize the working day but cannot eliminate the right to a break.

Can breaks be compensated with money?

No. The break serves a health and occupational safety purpose and cannot be replaced with financial compensation or additional time off.

Collective agreements that expand rights

There are sectors where collective agreements expand this right, setting longer breaks (20 or 30 minutes) or even several breaks during the day. For example, in sectors such as hospitality or industry, it is common to find breaks longer than the legal minimum.

What happens if the company does not respect this right?

Denying a worker their break is a violation of labor regulations and risk prevention rules. In this case, the worker can report it to the Labor and Social Security Inspectorate.

The Law on Infractions and Sanctions in the Social Order (LISOS) classifies it as a serious infraction, with penalties ranging from €751 to €7,500.

Additionally, companies must properly record working hours, including breaks and overtime.

Why are breaks so important?

Work breaks are not only a legal requirement. They are also a key tool to:

• Improve concentration.
• Prevent stress and fatigue.
• Promote a safer and more productive work environment.

A few minutes of break can make a difference in motivation and performance, benefiting both workers and companies.

✅​ Protect your company against penalties

Complying with labor regulations is an investment in your team’s trust and well-being. At Adlanter, we help make it possible.

With our Comprehensive Labor Inspection Advisory service, your company will have the support of experts in management, defense, and prevention of penalties. Because good management not only avoids fines: it also demonstrates that your organization cares about its employees.