Can an employer prohibit smoking during working hours?

Questioner

In our company we work in shifts, in addition to which we have irregular breaks, which are paid by the employer. That is why the employer prohibits us from clocking out during workdays. Now that there will be a complete smoking ban at our workplace from 1 January 2022, can the employer then oblige us not to smoke for 8 hours during working hours? And are they not allowed to continue to clock out during working hours?

Lawyer

Dear questioner, I am responding to your question as an employment mediator. Can an employer impose a smoking ban as of 1 January 2022? The answer is yes. As of this date, it is legally possible for an employer to prohibit smoking in all areas and to take smoking breaks within the framework of occupational health and safety conditions. Source: https://www.rijksoverheid.nl/actueel/nieuws/2020/10/06/blokhuis-alle-rookruimtes-op-het-werk-en-in-openbare-gebouwen-vanaf-2022-definitief-gesloten