Case law clarifies: Improper documentation of smoking breaks is working time fraud
In its ruling of 03.05.2022, case reference: 1 Sa 18/21, the Thuringia Higher Labor Court clarified that employees commit working time fraud if they do not properly document smoking breaks. In the opinion of the Thuringia Higher Labor Court, faking work that has not actually been performed by failing to properly document smoking breaks constitutes a particularly serious breach of duty and may justify termination without notice. As the trust necessary for an employment relationship is regularly destroyed in these cases, no prior warning is generally required.
The ruling was based on the case of an employee who had not recorded any break times on three days when recording her working hours, even though she had actually taken smoking breaks.
The case law thus clarifies that the incorrect declaration of break times is generally suitable to justify dismissal without notice. In the case of deliberately false information regarding working hours or not insignificant incorrect recording, no prior warning is generally necessary. As always, however, it also depends on the specific individual case. We will be happy to advise you on this.
Date: 28. Mar 2023