Does my break count as working time?

Questioner

Hello, I have been working for over 4 years as a stable employee (not a driver) at a horse transport company that falls under the Collective Labor Agreement for Professional Goods Transport. I have an employment contract for an indefinite period of 20 hours per week, 4 days from Monday to Friday from 7:30 am to 12:30 pm. Today a difference of opinion arose regarding the coffee break of approximately 15 minutes at 9.30 am. It is now said that this time does not fall under working time but my own time which means that I have written about 1 hour too much on my weekly statement every week (for more than 4 years). I have assumed that this break is working time because this has always been the case with my other employers. I cannot find anything in the collective labor agreement about which rules have been agreed for office/stable staff. I would like your response on what the rules are for this and how I should respond if I have actually written 1 hour too much for about 4 years. Kind regards,

Lawyer

Ir/Madam, The Working Hours Act does not contain any provisions on continued payment during breaks. During breaks, you do not work and are not entitled to wages. Your employment contract or collective labour agreement may contain provisions on continued payment of wages during breaks. Now that the situation has been going on for more than 4 years, I think it can reasonably be assumed that a tacit agreement has been made that the break will be paid. I advise you to discuss the situation with your employer and to arrive at a solution through consultation. Do you have any questions? Please feel free to ask. Yours sincerely,