When you smoke, necessarily outside the company, you do not work, because you are no longer "at the disposal of the employer" (art L 3121-1 of the labor code). As a result, the break must be subtracted from the working time. To know the number of breaks to which you are entitled, you look at your collective agreement (and the rules of procedure of the box). If we score, we must score at the start and end of the break.
Chief can't say anything. We check in our employment contract:in the majority of cases, our hours are not fixed, we are paid on a daily basis. Clearly, you can't blame a manager for taking too many breaks (unless excessively) from the moment his work is done.
In theory, he has the right to sanction an employee who takes too many tobacco breaks. But the prud'hommes could see it as a form of moral harassment and the judges being currently very sensitive to this problem, there is little chance that the employer will risk it.
Thanks to Agathe Lemaire, Lawyer at the Paris Bar.
