Can an employer provide a half-hour break for employees who work 5.5 hours a week?


Questioner

The usual situation in this company was working shifts of 5.5 hours uninterrupted. Regarding breaks, you will find the 'right' to a break everywhere for a working time of more than 5.5 hours, this specific case of mandatory break within these 5.5 hours is nowhere to be found. Now the employer suddenly requires these shifts to be interrupted by a half hour break, the effective working time is therefore not longer, but you are now required to be present for 6 hours for the same net working time of 5.5 hours The question now is, is the employer allowed to do this?

Lawyer

This will partly depend on the provisions of the employment contract, any collective labor agreement and whether there are good reasons for the employer's actions. By law, you do not have to take a break during a 5.5-hour shift. An employer may always grant more right to a break, but will not be able to make this mandatory without good reason. Given the fact that the break is not paid, you are now suddenly required to work longer days without any legal basis for this. Do you know why the employer suddenly makes this mandatory? Please feel free to contact me if you have any questions or require legal assistance. See also: https://www.fnv.nl/werk-inkomen/werktijden/pauze

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