ARE TEA AND SMOKING BREAKS DURING REST PERIODS COUNTED AS WORKING HOURS?

ARE TEA AND SMOKING BREAKS CONSIDERED AS WORKING TIME?

Rest breaks, as defined in Article 68/I and II of the Labor Law, are not considered as part of the daily working time. (Labor Law Art. 68/III) Whether other rest breaks (tea and smoking breaks) applied through individual and collective labor agreements, outside of those defined in the law, are considered as working time is not explicitly stated. However, since the employee has the right to use this rest period freely without being under the employer's orders and instructions, it is clear that these periods are not considered as working time. Nevertheless, in legal doctrine, it is accepted that rest periods granted unilaterally by the employer are counted as working time.