In the middle of the work day, one of the most anticipated moments for workers is rest time. Whether it’s fifteen minutes or half an hour, This moment becomes a small oasis in the middle of the whirlwind of the officewhere you can take advantage and have a coffee and catch up with your work colleagues. Due to its importance, the Workers’ Statute includes the minimum rest time that citizens have to enjoy depending on their working day.
Although true tranquility comes once the work shift is over, the stipulated rest in the middle of the day is essential to guarantee the well-being of workers and their productivity. However, this right is not only mandatory on full days, but also in half days that exceed 6 hours of workas stated in Royal Legislative Decree 2/2015, of October 23, better known as the Workers’ Statute.
Days that exceed six hours must have a minimum break of fifteen minutes
What is stipulated by article 34 is that “as long as the duration of the daily work exceeds six hourss, a rest period must be established during the same duration, not less than fifteen minutes“On the other hand, it also stipulates the rest time for employees minors. These will be able to enjoy, at least thirty minutes on days that exceed four and a half hours.
Likewise, it confirms that the rest time enjoyed by the worker will enter within the working day as long as it is established in the contract or in the collective agreement. And it states that “working time will be calculated so that both at the beginning and at the end of the daily shift the worker is at his or her workplace.” Therefore, if indicated in the agreement or contract, the minutes of rest would be part of working time.
On the other hand, the article also establishes the obligation on the part of the Let your employees rest at least twelve hours between the end of the day and the beginning of the next. Furthermore, no more than nine hours a day may be worked, unless it is established by the agreement or an agreement has been reached between the company and the workers’ representatives. If this measure is not complied with, the employee may report to the Labor Inspection and Social Security. This violation may entail a serious penalty, with fines of up to 7,500 euros per worker.
Workers may request adaptations to their working hours, as long as they are reasonable.
On the other hand, the statute also includes the rights of workers who need adaptations to their work day to combine it with family life. These adaptations can range from modify the length of the daythe distribution of hours worked or even requesting remote work. According to him, these “adaptations They must be reasonable and proportionate in relation to the needs of the worker and the organizational or productive needs of the company”.
In the event that the employee has children, they may make the request as long as they have less than twelve years old or it is demonstrated that they need care direct from his parent. The same occurs in the case of having to take care of the spouse, de facto partner and direct relatives up to the second degree of consanguinity.