Lunch Break – How It is Set

The lunch break is an important element of the working day, providing employees with the necessary time to rest and eat. Properly organized lunchtime affects employees’ productivity, health, and general well-being. However, the length and order of the lunch break may raise questions.

The lunch break may vary in duration and start time depending on the work’s specifics, the state’s requirements, and the companies’ internal regulations. In this article, we will look at how the lunch break is set, what factors influence it, and the rights and obligations of employees and employers.

Lunch Break Features

The lunch break is officially called the “rest and food break.” Employers must set such a break during the working day for employees, although some exceptions exist.

Lunch Break Time Features

Lunch break time has its features:

1. Employees are provided with a break during the working day. The lunch break is not postponed to the beginning or end of the working day.

2. The employee uses the lunch break time at his discretion. He should not report or inform his employer, colleagues, or immediate supervisor about how he uses (or plans to use) lunchtime.

2. Break time for rest and meals is not included in working hours. For example, a traditional full 8-hour workday does not include a lunch break. Many job descriptions include a description of the working day, including the lunch break, and some do not.

3. The state has determined the minimum and maximum duration of the lunch break: 20 minutes and 2 hours, respectively.

4. The employer determines the time of the start and end of the lunch break and its specific duration within the permitted limits:

• In the rules of internal labour regulations.
• In the schedule of work (shifts).
• In the employment contract.

5. An employee with a primary place of work and a part-time job has the right to a lunch break at each place of work.

6. An employee does not have the right to officially refuse a break for rest and meals when such a break is provided for by the company’s local documents and the employment contract (agreement). In turn, the employer has no right to deprive the employee of a break as a punishment for shortcomings in work. 

7. An employee cannot divide a lunch break into parts and use them at different times of the working day. The lunch break is not divided. The state may allow individual employees to take several breaks during work shifts. As a rule, we discuss cases when the shift lasts longer than 8 hours.

8. Work during lunch is not considered overtime when it occurs on the initiative of an employee who has not managed to cope with his work duties. However, when the employer offers to work during lunch, it will be overtime, which requires the employee’s consent. Some employees should not be involved in overtime work: pregnant women, minors with medical contraindications, and those who study in educational institutions on the job (during training sessions). Overtime work is paid at an increased rate.

When a Lunch Break is Not Set

1. A break is not set only by employers whose working conditions do not allow a lunch break. In such jobs, the time for meals is included in working hours. In this case, the employer determines the order and place of meals and the list of jobs for which it is impossible to set a lunch break. This list does not include all company employees, but only those who perform work where it is impossible to provide a break for rest and meals. Usually, such employees can have lunch during the working day when they are not busy with clients or at work. In this case, the employer does not set specific working hours for lunch.

2. When an employee works for no more than half the rate (no more than 4 hours) or his daily shift lasts no longer than 4 hours, he may not be given a break for rest and meals at the employee’s request.

How to Set a Lunch Break

The employer sets:

• The duration of the lunch break is within the possible minimum and maximum duration: from 20 minutes to 2 hours.
• The start time of the lunch break.

These indicators may be the same for all employees or vary depending on their position and work function. That is, the employer can set the lunch break time individually in the employment contract with the employee.

Flexible Lunch Break Time 

Within a few hours, the lunch break time can be determined for the entire company. During this period, the employee can determine the start time of the break himself.

For example, in the company’s internal work regulations, the lunch break time is from 12:00 to 15:00, and the duration of the lunch break is 1 hour. In this case, the employee can determine the start time of the lunch break between 12.00 and 15.00, taking into account the workload.

Changing the Lunch Break Time for Individual Employees

The break time for rest and meals, which differs from the generally established time for the employer, is included in the employment contract concluded with the employee.

When it is necessary to change the time specified in the employment contract or to introduce a new break time condition that differs from the generally accepted one in the company, an additional agreement to the employment contract is concluded.

Such a change in the employer’s initiative refers to a change in essential working conditions. In this case, the employee must be notified in advance in writing about the change related to a break for rest and meals. Such a warning is sent to the employee no earlier than one month before the start of the change.

How to Set a Lunch Break Time in a Company

The introduction of a lunch break in a company requires consideration of several factors to balance production needs and employee well-being. Here is a step-by-step process for setting a lunch break:

Step 1: Analyze the Needs of the Company and Employees

Before setting a lunch break, it is important to evaluate the specifics of the company’s activities and employees’ work schedules. For example, the lunch break can play a key role in maintaining employee productivity and health in companies with high work intensity or shift schedules.

Evaluate the work processes: find out which time of the day is the least busy.

Survey employees: find out their preferences regarding the start time and duration of the lunch break.

Step 2: Determine the Duration and Start Time of the Lunch Break

According to labour law, a lunch break can last from 20 minutes to 2 hours. The company can choose a flexible break start time to better adapt to employees’ work processes and preferences.

The company can install:

1. Flexible schedule: you can set a time window for employees to take a break (for example, from 12:00 to 14:00).

2. Fixed time: an alternative may be a fixed break for everyone (for example, from 13:00 to 14:00).

Step 3: Consult with Employees

After determining the optimal time and duration of the break, discussing the proposed options with employees or their representatives is important. This will help you consider their needs and get feedback.

Have a discussion to agree on the details.

If the company is large, use surveys to gather opinions.

Step 4: Making Changes to the Internal Labor Regulations

All information about the lunch break must be specified in the Rules of Internal Labor Regulations. This is a mandatory step, as the labor standards regulate the main points of work in the company.

Include an item about the start time and duration of the lunch break.

Ensure the changes are approved by management and agreed upon with the unions (if any).

Step 5: Notifying Employees

After the new internal regulations are approved, all employees must be notified of the changes made no later than one month before the start of the changes.

Send emails or post notifications in corporate channels. Hold information sessions to explain the new rules.

Step 6: Compliance Monitoring and Adjustment

After the introduction of a lunch break, it is necessary to monitor how effectively it is integrated into the workflow and meets employees’ needs.

Collect feedback from employees regularly and adjust the time or duration of the break if necessary.

Thus, setting a lunch break includes needs analysis, coordination with employees, making changes to the HTP, notifying employees, and continuous performance monitoring. This approach helps to create a comfortable working environment while maintaining the company’s productivity.

Conclusion

Setting lunch break times in companies ensures employee comfort and efficiency. This process may depend on a number of factors, such as the type of business, labour laws, production cycles, and employee needs. Companies should strive to ensure that the lunch break helps to restore strength and increase productivity while complying with legal requirements. A well-organized lunch break improves employees’ overall health and creates a positive workplace atmosphere.