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Paris gets tough on café terrace smokers

As Parisians continue to ignore laws that ban smoking inside closed off cafe terraces, the Town Hall has sent a reminder to police that they shouldn't hesitate to crack down on both the smokers and the cafe owners not abiding by the rules.

Paris gets tough on café terrace smokers
Bernard Jomier, the Paris Town Hall councillor in charge of health matters wrote a letter to the police this week urging them to take action against those flouting the law by lighting up on closed terraces, Le Parisien newspaper reports.
 
"It's become normal to disrespect the law," Jomier, from France's Green EELV party wrote.
 
"It is crucial that we manage to enforce the law before next winter. Passive smoking is behind about 10 percent of the 70,000 deaths due to smoking each year," he added.
 
Jomier urged officers to take stronger action in enforcing the law, which has seen smoking banned in enclosed places since 2008. 
 
Five years later in 2013, a Paris court ruled that smoking in close-off terraces was also illegal, after the anti-smoking lobby group ‘Droit des non-fumeurs’ (DNR, Non-smokers’ rights) brought up a case against five Parisian bars.
 
The court deemed a terrace can still be classified as 'open' as long as no more than three sides were closed off. 
 
The law states that cafe owners who allow their customers to smoke in closed-off terraces should face a fine of €135, or up to €750 if smoking is encouraged by providing ash-trays. Smokers are liable for a €68 fine, but in practice this is rarely enforced. 
 
There are about 45,000 closed terraces registered in France and constant attention from police forces is required if the law is to be respected in all of them. 
 
Emmanuelle Beguinot, director of the National Committee Against Smoking (CNCT), supports the push.
 
"We really welcome this initiative and it is only fair that when the law is not respected there should be sanctions," she told The Local on Wednesday.
 
"The law is meant to protect customers and people who work in these establishments, and it is also a matter of equity for other businesses who respect the law."
 
"Moreover, people support these laws and initiatives which aim to ban smoking."
 
Claude Evin, the former minister who was behind France's first major anti-smoking laws back in 1991 that, told Le Parisien newspaper that the police are no doubt too busy to be handing out fines to people smoking in closed-off terraces. He added that officers issued "several dozen" fines a year. 
 
Smoking was banned in "enclosed public spaces" in 2008, and since then bar-owners and restaurateurs in France begun constructing outdoor terraces, often enclosed by canvas or even glass screens in a bid to allow clients to smoke at their table while being sheltered from the elements.
 
A healthcare bill is currently going through the French parliament that would see smoking banned in cars where children are present and electronic cigarettes also banned in certain public spaces where youngsters are.
 
 
 
by Chloe Farand

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HEALTH

German restaurant owner gives non-smoking employees extra holiday

Would you give up smoking for more time off work? A restaurant owner in the western German state of Rhineland Palatinate has started offering employees who don’t smoke five days of extra holiday.

German restaurant owner gives non-smoking employees extra holiday
Glas (r) and head chef Grüning sit at a table in the restaurant designated for non-smokers. Photo: DPA

“I give employees who don’t smoke five days more annual leave to compensate them for the extra cigarette breaks taken by smokers,” said Helmut Glas. 

Some may see this as patronising, but in his eyes it helps keep the peace at work. 

“Before you could sense some hostility toward the employees who smoke. You’d hear non-smokers mutter things like ‘oh, he’s off for another cigarette break’,” said the 44-year-old restaurateur. 

READ ALSO: Germany set to ban cigarette street ads from 2022

“And they have a point: if you tally up the extra breaks that smokers take, you won’t believe how much working time is lost.” Now, he says, peace has been restored. 

Glas, who runs the country inn Jägerstübchen in the town of Neustadt, remembers exactly when he came up with the idea to offer non-smokers more holidays.

Conflict resolution

“I announced the decision at the Christmas party. It received quite the reception,” explained Glas. He had sounded out the idea beforehand and was therefore largely greeted with approval.

“When I told my employees one of the smokers said ‘great, now I won’t have to deal with rude comments every time I take a cigarette break’’”. Five of his employees smoke and seven don’t – and he doesn’t smoke either. 

One of his employees tried to quit smoking to receive more annual leave, but Glas caught him in the basement with a cigarette. The employee may not have kept the extra holiday, but at least he kept his job, said Glas.

Glas in his restaurant. Photo: DPA

His head chef Steffan Grüning, on the other hand, is trying to persevere: he has given up after smoking for 15 years. 

“The prospect of getting more annual leave was the key motivating factor”, explained the chef. Before a pack of cigarettes would barely last him two days. “The initiative is definitely improving the atmosphere at work,” said the 32-year-old.

But is he not annoyed that he’s received five more days of annual leave this year, only to be stuck at home due to the coronavirus pandemic? “I don’t mind,” says Grüning with a smile, “the main thing is that I have more time off.”

According to data from 2017, 26.4 percent of men and 18.6 percent of women in Germany over the age of 15 are smokers.

Is the policy lawful?

For labour law specialist Nathalie Oberthür, offering additional leave for non-smokers is generally permissible from a legal perspective. “The employees who smoke have more free time because they take more breaks, and so offering extra leave can compensate non-smokers,” she says.

But the decision to grant extra leave should not be taken on the grounds of whether someone smokes or not, rather whether they take additional breaks to smoke. 

Opinion: Why Germany needs to take the smoking ban more seriously

“Anyone who only uses their official breaks to smoke should also receive the extra holiday leave,” said Oberthür. If the distinction were being made solely to punish smokers, that would be unlawful. 

The German Hotel and Restaurant Association (Dehoga) also see the policy as justifiable. “If the employees agree with the decision, then it can be seen as good conflict resolution in the workplace”, said Gereon Haumann, regional boss for Dehoga Rhineland-Palatinate. He agrees that working time is definitely lost through smoking breaks.

Improved efficiency 

“Employees that don’t keep popping out for breaks are simply more productive”, says Glas. “Before you know it that’s ten minutes gone.” 

German employees are not legally entitled to extra smoking breaks. Courts in Germany have made it clear many times that the need for an occasional cigarette is not considered a legitimate reason to interrupt work. 

According to a Hamburg University study published in 2009 by the German Cancer Research Center, smoking breaks cost German companies more than €28 billion a year. 

“I am pleased that the idea has gone down so well amongst my employees. They could have kicked up a real fuss about it,” said Glas.

“As we are a small company it’s possible to maintain such a policy here.” A larger business like the chemicals company BASF would definitely find it more difficult to implement. 

Glas was saddened when he received anonymous hate for his decision on the Internet. “I was accused of discriminating against smokers and told that I’m a nutcase who deserves to be sued” “he said. 

That meant he was all the more pleased when he received a letter from his health insurance provider. 

“They find the idea interesting and want to know more about it –  also as a means of preventative health care,” he said, implying that employees could be inclined not to smoke due to what it would cost them.

 

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