The Working Hours Act states that as an employee you are entitled to breaks and rest periods between shifts. Because rest is important. At the same time, it is often very difficult to take breaks in our busy sectors. What are the actual rules?
The Working Hours Act provides, as the name suggests, rules for working and rest times for employees. The main aim of these rules is the protection of employees. Sufficient rest is essential for safety and health. Unfortunately, many employers do not take this into account. Less than a quarter of staff in hospitality can take enough breaks. In catering and recreation, not even half. It is disheartening that employers do not comply with the law and CLA.
Right to a break
The Working Hours Act distinguishes between young employees (employees under 18 years old) and adults. Additionally, there is a distinction in work and rest times based on the duration per day and the duration per week. The Working Hours Act contains standard regulations, but in CLAs, adjusted agreements can be made. A break is understood to mean: a period of at least 15 minutes during which work is interrupted and the employee has no obligations regarding work. This means that if you have to work during your break, for example answering the phone, this is not considered a break in principle. For a shift of more than 5.5 hours, you are entitled to a 30-minute break. This break can be split into breaks of at least 15 minutes each. For a shift of at least 10 hours, you are entitled to a 45-minute break, which can also be split. The break is your own time and not working time, and is in principle unpaid. As a young employee, for a shift of at least 4.5 hours, you are entitled to a 30-minute break. You can also split the break. You can agree with your employer and colleagues on when to take your break. Article 18 of the Contract Catering Agreement states that every employee is entitled to a half-hour break after 4.5 hours of work.
The maximum working hours
In addition to a break arrangement, there are also various rules for working hours. A day shift may not exceed 12 hours. Overtime is already included in this. The weekly working time may not exceed 60 hours. Over a period of 4 weeks, an employee may work an average of up to 55 hours per week and over a period of 16 weeks an average of 48 hours per week. For young employees, a day shift may last a maximum of 9 hours. Additionally, a maximum of 45 hours per week may be worked. Over a period of 4 consecutive weeks, this may average a maximum of 40 hours per week. Article 11 of the CLA recreation and article 10 of the CLA swimming pools provide a maximum working time per week of 52 hours and state that work may be performed for a maximum of 7 consecutive days. A young employee may work a maximum of 6 consecutive days. Note: the CLA recreation and CLA swimming pools distinguish between working hours and roster times.
The minimum rest periods
Rules also apply to daily and weekly rest periods. In every 24 hours, you are entitled to a rest period of 11 hours. Once a week, the rest period can be reduced to 8 hours, but only if business conditions make it necessary. For young employees, a rest period of 12 hours per day applies, including the hours between 23:00 and 06:00. The Contract Catering Agreement states that young employees may not work between 23:00 and 07:00. It is also important that you do not work too many shifts in a row as an employee. In a week of 7 days, you are entitled to an uninterrupted rest period of at least 36 hours. Article 11 of the CLA recreation and article 10 of the CLA swimming pools provide for 8 days off in 4 weeks with a minimum of one day per week and a rest period of 60 consecutive hours in a period of 9 days. Article 17 of the Contract Catering Agreement provides a separate arrangement for regional employees. For night work, adjusted work and rest times apply. You can consult these in article 5:8 of the Working Hours Act and article 20 of the Contract Catering Agreement.
Source: HorecaInfo number 6 2018.