Workers have the right to see their working day take place in the most optimal conditions for both their physical and mental well-being. And in both cases, rest is essential.
In fact, the law is responsible for regulating what are the obligatory breaks that workers must have in their work. In this sense, the breaks provided for by the regulations stand out above all. during the working day itself.
The Workers’ Statute explains in article 34 (you can consult it on this link) what breaks workers are entitled to during their working day. These periods depend on different variables:
- Workers whose working day lasts at least six hours are entitled to a rest period of at least 15 minutes.
- Minor workers with a working day of at least four and a half hours are entitled to a rest period of at least 30 minutes.
These ruptures, explains the Statute, “It will be considered effective working time when it is established or fixed by collective agreement or employment contract.“. Otherwise, the worker could be forced to recover this rest time later.
How much rest are you entitled to between work days?
Likewise, the Workers’ Statute is responsible for determining the rest period that must elapse between the end of one day and the start of the next. The objective is clear: to guarantee family reconciliation and the rest and leisure time necessary for employees.
This break is also regulated by article 34, which clearly states: “Between the end of one day and the start of the next, there will be, at least, twelve hours“. And, unlike the previous point, it applies to all workers, regardless of their age.
How much rest are you entitled to on weekends?
At the same time, the law also establishes mandatory weekly breaks for workers. In this case, it is article 37 of the Workers’ Statute which puts them in writing. Here too there are differences between employee groups:
- Workers are entitled to a weekly rest period of one day and a half without interruption which must include the day of Sunday and the afternoon of Saturday or the morning of Monday. These breaks can be accumulated in periods of 14 days.
- Minor workers are entitled to a weekly rest period of two uninterrupted daysalso cumulative in periods of 14 days.
The reader may rightly wonder what happens in such special cases as those of workers in professions in which it is common to work weekends. How does the Statute act in these situations?
We must return to article 34, more precisely to article 7: “The government, on the proposal of the head of the Ministry of Labor, Migration and Social Security and after consultation with the most representative trade union and employer organizations, may establish extensions or limitations. in the organization and duration of the working day and breaks, as well as specialties in the obligations of recording hours, for sectors, jobs and professional categories which, due to their particularities, require it.
