The Superior Court of Justice of Navarre recognized the right of a smoker to get out of the company during his break in spite of the rule forbidding to leave the workplace without permission, to exercise his individual right to smoke. (Ref. 080699)
An employee, who works no-breaks days, received several warnings and a disciplinary measure because he went out to smoke without permission during the “breakfast break,” common in the middle of the morning in Spanish businesses. Consequently, he brought proceedings before the labor court to demand the recognition of his right to go out for a cigarette and succeeded at the first instance. The decision on appeal, rendered on January 2, 2008, confirmed the previous ruling and states that employees
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