Should the employer provide a space for the lunch break for employees?

Verified 25 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the employer must provide space in the company for the lunch break for employees. The employer's obligations vary according to the company's workforce. In the companies 50 or more employees, the employer shall set up a local catering so that employees can eat in the company. In the companies less than 50 employees, the employer shall establish a location in the company to allow employees to eat. We're doing an update on the regulations.

The employer's obligations differ according to the number of staff company. In companies with more than one establishment, the number of employees shall be counted by establishment.

Less than 50 employees

In companies with less than 50 employees, the employer is not obliged to set up a catering facility. It must make available to employees a place where they can eat under good conditions of hygiene and safety.

The employer cannot letting employees eat their meals in the work premises.

Where the activities of these working rooms does not include the use or storage of hazardous substances or mixtures, the employer may, after declaration to the labor inspectorate and to occupational health and safety, choose these workspaces as a location to restore.

The employer shall send a declaration containing the following information:

  • Identity of the employer or business name of the company or establishment
  • Sector of activity of the company or establishment
  • Address of the site concerned and the Siret number of the establishment
  • Number of workers concerned
  • Characteristics of the premises used for work and location allowing employees to eat in good health and safety conditions.

This declaration must be submitted before the restoration site is fitted out in the working rooms.

It shall be dated and carried out by any means.

This location is not required equipped with a means of preserving or refrigerating food and drink, or with a facility for heating dishes.

Installation of a fresh or hot drinking water tap is not mandatory.

The employer is not obliged to provide sufficient chairs and tables.

After each meal, the employer watches over the cleaning of this site and the equipment settled there.

More than 50 employees

In companies with 50 or more employees, the employer must establish a local catering. It must consult the Social and Economic Committee before setting up this premises.

No, he's forbidden to leave employees to have their meal in work premises.

The employer duty make available a converted catering room.

This room contains the following equipment:

  • Means of preservation or refrigeration food and drink
  • Installation for warm up the dishes
  • A tap of fresh and hot drinking water for 10 people
  • Wooden chairs and tables sufficient number.

After each meal, the employer watches over the cleaning of this room and the equipment installed therein.

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