Legal situation regarding smoking breaks outside of break time

Many bosses allow a quick cigarette outside of regular break times, sometimes to the annoyance of non-smoking colleagues. However, the question remains whether these breaks are legally required and whether they can be abolished. The boss allows smoking breaks outside of regular break times and employees must then smoke within the prescribed rest breaks. Many employees integrate smoking breaks into their working time without staying longer, but the smoking break is not actually working time. Additional smoking breaks outside of regular break time must be made up so that non-smokers are not disadvantaged. Violations of company smoking regulations can result in warnings and, in the worst case, dismissals, especially for smoking in the office despite a smoking ban. Companies must ensure protection for non-smokers and ban smoking in almost all businesses. Alternatively, special smoking rooms can be set up, with the works council having a right of co-determination.