During the workday, many people interrupt their work to take a break, eat, or just rest for a few minutes. However, it is not always clear whether this time should be considered part of the paid day or not.
the … Labor lawyer @maximino.laboral, a jurist who specializes in publishing content related to workers’ rights and legal jurisprudence on social media networks. In one recent video, he explained a new Supreme Court ruling (STS 4159/2025, September) explains the circumstances in which mealtime should be paid and when it should not.
Lunch time. Is it paid?
As the lawyer explains, the ruling states that if the company guarantees the employee’s complete dismissal during that period, it is not obligated to pay for that hour. That is, if the worker can use it freely – such as going out to eat, rest, or doing any other activity without being aware of the work – then it is considered effective rest and does not receive wages.
On the other hand, if the worker during that period It must be available To answer calls, respond to messages, or stay on hand in some way, that hour is considered work time and must be paid. As Maximino himself sums up, “If you cannot freely dispose of your time, you are not resting; you are working.”
The Supreme Court also confirms that this interpretation is consistent with the principle of “true separation,” which has become more important in the digital age. It is not enough to say that the employee has a rest period: the company must prove that during that period, the employee is not subject to any instructions, calls or tasks.
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