How many minutes of break can you take during a working day? † Work

The right to a break or rest is laid down in the Working Hours Act, says Naima van Willigenburg, Working Hours Adviser at the FNV trade union. “A break is good for the health of the employee. They are less likely to become overtired, also mentally, and it promotes productivity.”

The benefits of a break should not be underestimated, especially in physically demanding professions, says Evert Verhulp, professor of employment law at the University of Amsterdam. ,,Your body needs time to recover.” That is why a break should always take place in the middle of your shift, says Van Willigenburg. ,,So don’t be scheduled at the beginning or end of your working day. It really has to be a break, a moment of rest.”

“Everyone who works 5.5 hours in a row is entitled to a 30-minute break,” says Verhulp. On a working day of 10 hours or a maximum of 12 hours, you are entitled to a break of at least 45 minutes. “It is determined per collective labor agreement or employment contract how much you can actually withdraw.”

FNV believes these breaks are too short for long shifts and advocates more and longer work interruptions. In collective labor agreements, it may be legally agreed that employees may only take a 15-minute break. Also on working days from 10 a.m. This is the official minimum. Fortunately, we almost never see this in collective labor agreements, because that is much too short,” says Van Willigenburg.

Yes that is allowed. At a 30-minute break you can record twice 15 minutes and at 45 minutes you can divide it into three times 15 minutes. “As long as the 15 minutes are continuous, it is legally considered a break,” says Van Willigenburg. “But as soon as you get a call from work and you answer it, the counter starts running again.”

No, not always. “Rest time, or a break, is in principle unpaid. Some employers choose to continue paying it,” says Van Willigenburg. ,,But it is not mandatory.” More often the employer chooses to let the employees work an hour longer. Verhulp: “Then you have a working day from 8 a.m. to 5 p.m., of which one hour is a break.”

FNV would rather see the break – in the case of heavy or irregular schedules – continued to be paid. ,,If the break concerns your own time, the working week will also be longer”, says Van Willigenburg. So you have to add an hour or half an hour to a 40-hour work week five times. “If the breaks are paid, the number of working hours is much closer to the actual contractual agreement. That’s much fairer.”

No, in principle you are always entitled to a break. But there are exceptions. “Suppose the store is busy around lunchtime, then your employer can make a reasonable offer to help the customers first. You cannot refuse this,” explains Verhulp. “On the other hand, the break has to be made up at a later time.”

There should also always be a replacement during your break time, if this is necessary for your profession. “That person can then take over your duties. A doctor who performs hours-long surgery often finds it difficult to walk away. The same applies if you are alone in a store. You then have to wait until the situation allows you to take a break,” says Verhulp.

In some sectors, employees can be on call during their break, the so-called consignment. Something that often happens in healthcare: “This is only allowed if it fits within the framework of the working hours decision and must be agreed in the collective labor agreement, but these are exceptions,” says Van Willigenburg. “In all other cases, an employer should leave you alone during the break.”

No, a smoking break is not covered by the right to a break. ,,So it doesn’t depend on how flexible your employer handles it”, explains Van Willigenburg. ,,All moments of rest under 15 minutes fall under working time and the employer must continue to pay.” A smoking break therefore falls under the boss’s time. “But the employer is free to take extra breaks and to record this in a collective labor agreement or company scheme.”

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