Break times are among the most common sources of conflict between employers and employees. Even slightly shortened breaks can cause disputes for many employers. However, break periods are a basic right for employees, and employers do not have the authority to interfere with those legally established durations.
How Break Periods Are Determined
Overtime, break times and rest periods are frequent points of contention between workers and employers. Whether employees take their breaks or not, overtime calculations and working-time records take break durations into account. The allocation of break time varies according to the length of the employee’s working day.
Overtime payments are a significant issue in labor relations. Employers often include overtime compensation in employment contracts, and workers who need the job may feel compelled to sign such agreements. When the employment relationship ends, employees may need to pursue these rights through the courts. Disagreement over how break times are counted is a common source of dispute in overtime calculations.
Break Periods for Regular Employees
According to applicable law, employees must be granted break time during their workday, taking into account local practices and the nature of the job. The statutory minimum break durations are: 15 minutes for work periods of four hours or less; 30 minutes for work periods longer than four hours but up to 7.5 hours; and 1 hour for work days exceeding 7.5 hours. These are minimum entitlements and must be provided at least to this extent. Breaks should be given uninterrupted, though local climate, seasonal conditions, workplace traditions and the nature of the work can justify staggered scheduling by agreement. Accordingly, employees at the same workplace may take breaks simultaneously or at different times. Break periods are not counted as working time.
Legally, the total daily working time including overtime cannot exceed 11 hours. Court precedent has considered that for workdays between 7.5 and 11 hours the break is one hour, while for working periods exceeding 11 hours a 1.5-hour break is expected. This distinction is important when employees seek pay for work beyond the 11-hour limit. On an annual basis, overtime beyond 270 hours must be compensated regardless of other agreements.
Break Periods for Children and Young Workers
Break durations for children and young workers are set according to age. Under the relevant regulations, a young worker is someone who has completed 15 years but not yet 18, while a child worker is someone who has finished 14 years but not yet completed 15. Rest periods for child and young workers differ from those for adult employees. For work periods longer than 2 hours but less than 4 hours, the break is 30 minutes; for work between 4 and 7.5 hours, the break is 1.5 hours.
Rest is a fundamental right for all employees. Canceling breaks, shortening them at the employer’s discretion, or failing to provide them can justify immediate and lawful termination of the employment contract by the worker. Employees should not concede on this right. Under the law, if employees do not take their breaks, they are nevertheless regarded as having taken them. Therefore, break times established for employees must be fully provided and used during the designated hours. Breaks may be taken in a single continuous period or, by agreement with the employer, in intermittent intervals within the workday.