How much break may an employer withhold?

Questioner

I work as an international driver. We work long days. Often there is no time to always take a break due to the busy schedule. With a 15 hour workday I often only take 2 x 45 minutes or less break. Yet my employer deducts 2.5 hours break. And he deducts waiting hours. Is this allowed? And what can I do about it? Can I reclaim these hours?

Lawyer

According to the Working Hours Act, you are indeed entitled to 2 x 45 minutes of break for a 15-hour working day, or if reasonably possible, an uninterrupted period of 45 minutes. In addition, working time and rest time together may not exceed 16 hours per day. The exact content may differ depending on collective labor agreements or company regulations. Regarding the withholding of breaks and waiting hours by your employer, it is important to look at the wording in your employment contract or collective labor agreement. In some cases, breaks are compensated, while in other cases they may not be considered as working time. It is not strictly forbidden for an employer to deduct these hours, but this depends very much on the conditions in the Arbecomotact or the CAO. If it turns out that these hours have been wrongly deducted, then you can in principle reclaim these hours. It may be helpful to discuss your situation with a lawyer or attorney for specific advice on your situation. They can help you interpret your employment contract or collective labor agreement and form a strategy to possibly reclaim these hours. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Questioner

Thank you for your answer... However, I still don't know where I stand. I fall under the CAO transport. Would it help to become a member of FNV. So that they can give me an answer to the question. The question was, among other things: Can my employer deduct a break I don't take from my working hours?