Can my employer dictate what I eat during lunch break?
February 24, 2023 | 40,00 EUR | answered by Babette Krüger
Dear Employment Lawyer,
My name is Hilde Schmidt and I work in an office as an office clerk. Lately, my employer has started to dictate to me what I should eat during my lunch break. He has ordered that I can only consume healthy and low-calorie meals and that snacks or sweets are no longer allowed. I feel restricted in my personal freedom by this and wonder if my employer has the right to do so.
Until now, I have enjoyed having a small snack or sweet treat during my lunch break to relax and refuel for the afternoon. But now, I feel heavily restricted in my food choices by the guidelines of my employer and feel patronized.
I am worried that my employer could establish even more rules and wonder if he has the right to dictate what I can eat during my lunch break. Are there any legal regulations or provisions that govern my employer's behavior in this regard? Are there ways for me to fight back and preserve my personal freedom?
I would greatly appreciate it if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Hilde Schmidt
Dear Mrs. Schmidt,
Thank you for your inquiry regarding the guidelines set by your employer regarding your choice of food during lunch break. It is understandable that you feel patronized and see your personal freedom restricted. In Germany, there are legal regulations that govern the behavior of employers in this regard and protect your rights as an employee.
In general, employers have the right to give instructions to their employees, meaning they can give instructions and establish rules that fall within the scope of the employment relationship and serve the fulfillment of the tasks agreed upon in the employment contract. This also includes guidelines for working hours and breaks, such as the lunch break.
However, there are limits to the employer's right to give instructions. These limits are determined by the employee's right to personal integrity as well as the right to physical integrity and self-determination. So if the guidelines set by your employer interfere with your personal life and affect your health, it may be that these guidelines are not legally permissible.
In your case, one could argue that the guideline from your employer to only consume healthy and low-calorie meals during lunch break interferes with your personal life and affects your physical integrity. So if you feel that this guideline is harmful to your health or does not take into account your personal needs, you could take action against it.
As a first step, I recommend that you have a conversation with your employer and openly communicate your concerns and wishes. Try to find a solution that is acceptable for both parties. If the conversation is not successful, you could seek advice from a trade union or an employment lawyer to consider legal steps.
It is important that your rights as an employee are respected and that your employer does not abuse their authority to give instructions. I hope that this information is helpful to you and that you can find a satisfactory solution.
Sincerely,
Babette Krüger
Employment Law Attorney
