Legal assistance with employment law: breaks and overtime


Questioner

Dear, At my work we received new work regulations as of 1-4-2015. These state that it is mandatory to take a break of half an hour per day. This break was not taken by me. I work long days, and am home half an hour later if I do take a break. Now the employer is retroactively (from 1-4-15) withholding a half hour break per day. This is deducted from my overtime. I work more than 8 hours daily and therefore always have overtime. Is this allowed?

Lawyer

In the occupational health and safety legislation, it is even legally required to take a break as an employee and to give it as an employer. If the employer does not adhere to the breaks, he can be heavily fined for this. It is therefore up to the employer to ensure that the break is also taken. The agreement and/or collective labor agreement states whether the break is for yourself or whether it is paid by the employer.

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