Can Employees Have a Beer During Their Lunch Break in Lithuania?

A legal expert has clarified the permissibility of consuming alcohol during an employee's lunch break in Lithuania, emphasizing that while breaks are for rest, returning to work sober is paramount.

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The popular belief that lunch break is working time is not correct. The Labor Code classifies it as rest time – the lunch break is intended for rest and eating, during which the employee can leave the workplace.

Nerijus Patlabys, an expert from the law firm Ellex Valiunas, explained that the common belief that lunch breaks are part of working hours is incorrect. According to the Labor Code, these breaks are designated for rest and meals, allowing employees to leave the workplace. Therefore, having a beer during lunch, for instance, does not inherently mean an employee is consuming alcohol during work time.

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Therefore, the fact that an employee drinks a beer during their lunch break, for example, while dining in a restaurant, does not in itself mean that they are consuming alcohol during working hours.

However, the critical issue arises upon the employee's return to work. Lithuanian law sets a legal limit for blood alcohol concentration (BAC) at 0.2 permille. A slightly higher limit of 0.4 permille is permitted only when alcohol consumption is part of protocol requirements or directly related to production, technological, or other processes as defined by the employer.

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Therefore, there is no universal answer that 'one small beer' during lunch is definitely permissible. The law does not set a 'safe' number of glasses consumed. The alcohol concentration in the body depends on various individual circumstances.

Patlabys stressed that there is no universal "safe" number of drinks. The actual BAC depends on various individual factors. Employees must be mindful of staying within the legal limits upon resuming their duties. Furthermore, internal company regulations must be considered, as employers may implement stricter, zero-tolerance policies regarding alcohol consumption. The practical advice is that while a beer during lunch is permissible, it does not grant license to return to work impaired. The focus should be on meeting the legal or employer-set sobriety requirements upon returning to the workplace, rather than the quantity consumed during the break.

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The practical answer for an office worker would be this: the lunch break is for rest, not work time, but a glass of beer during lunch is not a license to return to work after drinking. One must assess not the number of glasses, but whether the employee meets the applicable legal or employer-set sobriety requirements upon returning to work.