Publication details

Přestávka v práci na jídlo a oddech nebo přiměřená doba na jídlo a oddech – aktuální výkladové přístupy ze strany soudní praxe

Title in English Break for meal and rest or reasonable time for food and rest - current interpretative approaches by court practice
Authors

KOMENDOVÁ Jana SMEJKAL Michal

Year of publication 2022
Type Article in Periodical
Magazine / Source Právní rozhledy
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Keywords Break for meal and rest; reasonable time for food and rest
Attached files
Description Recently, court decisions concerning a break in work for food and rest have attracted considerable attention from the professional community in relation to the inclusion of working hours and the creation of the right to a wage or salary. In connection with the way in which the work break is spent, some professions raise the question of how to assess the break time in terms of rest period, ie as a non-working period for the employer that does not count towards the working time, or as working time. period, ie as a period during which the employee does not perform the work for the employer, but the employee must be available to perform the work according to the set conditions of the employer. Czech legislation distinguishes here between a break in work for food and rest and a reasonable time for food and rest, while the employer's ability to provide employees with "only" a reasonable time for food and rest is linked exclusively to the performance of work that cannot be interrupted. This paper aims to assess the importance of recent interpretative approaches by case law to assess the way in which a break at work is taken with regard to its possible inclusion in working hours or the assessment as a rest period.

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