Many employees like to drink coffee while they work, some have breakfast in front of the computer first thing in the morning. But can the employer also ban croissants and the like in front of the laptop?
A sandwich for breakfast while checking email. A cup of coffee before the meeting – and a piece of cake to overcome the afternoon slump in front of the screen. Many employees eat and drink at work. But is that actually allowed?
It depends. “There is no general legal ban on eating and drinking at the workplace,” says Alexander Bredereck, a specialist lawyer for labor law. In certain areas, however, the employer can prohibit eating or drinking at the workplace, “for example because of hygiene regulations or safety regulations”.
According to Bredereck, employers can always ban eating at work if they have a “comprehensible interest” in doing so. This is regularly the case, for example, when employees are in constant contact with customers. According to Bredereck, the employer can also specify the type of food or drink consumed. “For example, he can forbid the customer service employee to drink directly from the bottle.” However, for reasons of health protection, employers must give employees the opportunity to have a drink during working hours.
And even with an empty stomach nobody has to work all day. “During the breaks, the employee must be able to eat under reasonable conditions,” explains Alexander Bredereck. But you don’t necessarily have the right to do that at your desk. If there is a break room in the company, the employer can require employees to eat there.
By the way: “The employer can completely ban alcohol in the workplace,” says Alexander Bredereck. Even if there is no such general ban in the company, the specialist lawyer for labor law recommends employees to be careful with alcoholic beverages. “If the employer wants to toast the new year with a bottle of champagne, you can have a glass with it.” As an employee, however, you should only do the rounds in consultation with your supervisor.
