Labor Law Consultation

17.05.2023

HOW MUCH TIME DO WE ALLOW FOR A LUNCH BREAK?

Rest is an important part of the process of carrying out any activity, regardless of whether it is contract work, private business, project, childcare and household work, etc. The Constitution of the Republic of Bulgaria stipulates that along with the right to work, workers are also guaranteed the right to rest.

Workers and employees have the right to rest on the working day. They can be one or several. Regardless of whether the working day includes one or several breaks, a meal break, which cannot be less than 30 minutes, must be provided during the working day.

As a rule, working day breaks are not included in working hours. This means that if you work an 8 hour work day, the rest time is on top of those hours. For example, with working hours from 9 a.m. to 6 p.m. with a one-hour break, the actual working time is 8 hours, divided by one or more breaks with a total duration of one hour - you work from 9 a.m. to 12 p.m. and from 1 p.m. to 6 p.m., with a 1-hour lunch break between 12 p.m. and 1 p.m. There may be several breaks in the working day, it all depends on the organization of work and the type of work. The only mandatory condition is the provision of no less than a 30-minute meal break during the working day, which means that the corresponding meal break can be in a longer period of time.

The distribution of working hours and breaks is established in the company's internal labor regulations. The Rules for the internal working order define the beginning and end of the working day, the order for alternation of shifts, breaks during work, the order for reporting working hours, the time of mandatory presence in the enterprise when variable working hours have been agreed, the time for nutrition of workers and employees in productions with an uninterrupted work process and in enterprises in which work is carried out continuously, as well as other issues related to the distribution of working time and the organization of work in the enterprise.

There are certain cases in which the meal break is included in working hours - this is the case in productions with an uninterrupted process (shifts) and where work is continuous. An important condition for including the meal break in working hours is that the employee is obliged to be physically present at a place designated by the employer. When these conditions are met, the employer is obliged to provide time for meals during working hours.

Physiological modes of work and rest during work are developed and introduced in all types of work and in all companies and organizations, regardless of the form of ownership, when:

  • The work process is constant and uniform and is carried out in accordance with the technological requirements, the organization of work and the standardization of labor;
  • The duration of the working day (work shift) exceeds 6 hours;
  • There is a developed regime for work and rest for the respective type of work

 

Reference:

Art. 139, para. 1 of the Labor Code

Art. 151, para. 1 of the Labor Code

Art. 151, para. 3 of the Labor Code

Art. 4a, para. 1 of the Ordinance on working hours, breaks and vacations

Art. 9 of Ordinance No. 15 on the conditions, order and requirements for the development and introduction of physiological regimes of work and rest during work