“New judgment from the Supreme Court…”

During the workday, many people take breaks from work to take a break, eat, or take a few minutes off. However, it is not always clear whether this time should be considered part of the paid day.

of … Labor Lawyer @maximino.laboral is a legal scholar dedicated to disseminating content about labor rights and jurisprudence on social networks. In one of his latest videos, he explained the Supreme Court’s new ruling. (STS 4159/2025, (September), we clarified in what cases you have to pay for your meal and in what cases you have to pay for it.

lunch time. Is there a charge?

As the lawyers explained, the ruling provides that if a company guarantees that an employee will be completely disconnected for that time, it is not obligated to pay for that time. In other words, if a worker is free to take advantage of it, such as going to eat, resting, or doing other activities without being conscious of work, it is considered a valid break and will not be compensated.

On the other hand, during that period, workers must be available If you answer the phone, respond to messages, or otherwise remain available in any way, that time counts as work time and must be paid. As Maximino himself summed up, “If you don’t have the freedom to dispose of your time, you’re not resting, you’re working.”

The Court also emphasized that this interpretation complies with the principle of “disconnection of reality”, which is becoming increasingly relevant in the digital age. Just telling your employees they have a break isn’t enough. The company must certify that the employee is not receiving any instructions, calls, or duties during the break.