Smoke breaks at work: rules, working time & tips

Is there a right to smoke breaks?

No. German law gives no entitlement to extra smoke breaks. The Working Hours Act only sets general rest breaks: at least 30 minutes for more than six hours of work and 45 minutes for more than nine hours.

If you smoke during these regular breaks, you're simply using your break time. Additional short smoke breaks are only possible if your employer allows or tolerates them.

Is a smoke break working time?

Generally not. Smoke breaks usually don't count as paid working time. That's why many companies require you to clock out for smoke breaks or make up the time.

How it works for you is often defined in your employment contract, a works agreement or established company practice. If in doubt, check these rules or ask HR or the works council.

Where can you smoke?

Employers must effectively protect non-smoking employees from tobacco smoke (German Workplace Ordinance). Smoking is therefore usually banned in offices and indoor areas or only allowed in designated smoking areas.

Many house rules also include vapes and heated tobacco such as IQOS in the smoking ban. Follow your workplace's rules.

Tips for a fair smoke break

Coordinate breaks with your team so nobody feels they're covering for others. Keep it short and only smoke in permitted spots – away from entrances and windows.

Non-smoking colleagues deserve breaks too: a shared coffee or fresh-air break creates the same social moment without a cigarette.

Keep track of smoke breaks at work

Several short breaks a day add up quickly. Five ten-minute smoke breaks a day come to more than four hours a week.

With Smoke with me you log every session with one tap and see your minutes per day and week. That way you can tell whether your workday is driving your smoking – and collect smoke-free days with “Didn't smoke today”.

Note: this article is a general overview and not legal advice.