Rights with break pay: Get what you are entitled to


Questioner

I work 4 to sometimes 4.5 hours on Saturdays based on a 0-hour contract. This is every Saturday for over 4 years. My employer deducts a 15-minute break from these 4/4.5 hours, but this break is not used. As a result, 15 minutes of hourly wage is deducted per Saturday without actually getting a break. Is this allowed?

Lawyer

No, this is not allowed. If you have to work through the break(s), then this must also be paid. The Supreme Court decided this before WWII. This ruling still applies. You must then ask the employer for payment for all hours worked. If he refuses, you can claim the statutory increase (max. 50%) and the statutory interest. If he still refuses, you must go to court. However, the costs of this could be higher than the benefits. In addition, you run the risk of a disruption of the employment relationship.

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