Break writing while we haven't made them

Questioner

I work in the hospitality industry, due to staff shortages, my colleagues and I work a bit more to help the employer, so we build up hours time by time. And the question now is... We often can't really take a break, because there are always guests. We often write a half hour break out of goodwill. We have been doing that since June. Now my employer wants to make everything an hour break, he says that should be easily achievable. But we don't agree with that, we often only have 1 or 2 employees, and too little turnover is his reason. Now the question is, can he just write the break that we didn't have at all retroactively? Can he even adjust it?

Lawyer

No, this is not allowed. If you have to be there for the customers, then it is not a break (ruling of the Supreme Court). The employer is therefore not allowed to deduct break hours.