It is up to the employer and employee to agree on the actual timing of breaks, but if there is no agreement, the law determines when breaks are to be taken. Employees are entitled to rest and meal breaks. Instead of these breaks, compensation to the employee is only allowed if an exception applies and certain conditions are met. Consider best practices when determining the timing of breaks: Penalties for violations of break regulations have not been established, but it is a good idea to document compliance with break regulations, such as timesheets with detailed breaks to avoid potential penalties in the future. Did you know that rest and meal breaks are essential to improve productivity, culture and safety at work? By ensuring that your employees can rest, relax and refresh, you contribute to better decision-making, problem solving and efficiency, reduced risk and minimized damage and potential errors. Breaks can be a way for teams to build stronger relationships and trust when they spend time together that isn`t just work-related. It is now illegal. The only exceptions are workers who provide certain essential services. Despite all the benefits of breaks, it`s not always easy to incorporate them into work. Factors such as business continuity, health and safety considerations, operating environment, resources, and of course, the interest of your employees can make a break much more complicated. You are entitled to the breaks shown in the table below.

However, you and your employer can also arrange longer or additional breaks and meal breaks. Employers and employees must have a reasonable opportunity to bargain in good faith and agree on the timing and duration of breaks. There are some exceptions. If you work in national security or emergency services where continuity is essential, you may agree with your staff to take breaks differently. In a situation where you cannot reach an agreement, you will have to compensate affected employees for the absence of breaks with other free time, financial payments, or both. Breaks are not only relevant for personal well-being, but also for health and safety. A “danger” under the Occupational Health and Safety Act, 2015 includes behaviour resulting from physical or mental fatigue. Employers should take all possible steps to ensure that fatigue at work is unlikely to cause harm. In some cases, employees may not want to take their breaks.

While an employee cannot be forced to take a break, it should be emphasized that breaks are required by law and are also a health and safety issue. Once this has been communicated to the employee, the employer must document each employee who has not taken their assigned break with details of the shift and hours worked. Minimum number of rest and/or meal breaks Employees must be granted If your employer does not grant you the breaks to which you are entitled, you can complain to the Industrial Relations Authority and the employer may pay a fine. See chapter “Solving employment problems”. All employees (unless their employer is exempt) must be entitled to at least the rest and meal break rights provided for in the Industrial Relations Act. Where other laws require a worker to take a break, that legislation applies to determine how and when breaks are to be taken. Some limited exceptions to the Act`s rules regarding breaks and meal breaks may apply to certain employers in certain essential services or may be hired to protect New Zealand`s national security. If no agreement can be reached, breaks must be taken in accordance with the guidelines set out above. If these types of employers and employees cannot agree on when to take breaks and meal breaks, the employer must provide compensatory measures to the employee. The Industrial Relations Authority found that there were restrictions on Kingi and others taking breaks outside their workplace, including: On April 1, 2009, the government amended the Labour Relations Act 2000 to include legal requirements for rest breaks and meals for all employees. These requirements specify the minimum number and duration of breaks, based on the number of hours worked by an employee.

Employees are entitled to paid rest periods and unpaid meal breaks that: A work break is a time (paid or unpaid) when an employee can leave their job to refuel, recharge and recharge their batteries. The break requirements are a relatively new addition to New Zealand legislation as they were incorporated into the Employment Relations Amendment Act 2000 on 1 April 2009. If there is still a disagreement, there are pauses prescribed in the ERA. The employer should provide breaks for rest and meals as close as possible to the hours prescribed in the regulations, to the extent that this is reasonable and practicable for the specific circumstances of the business. The legislation provides for an exemption from mandatory rest periods if the employee provides essential services or the protection of New Zealand`s national security as defined by law. In these circumstances, employers and employees may agree that breaks should be taken in different ways. If no agreement is reached and the employer does not provide for the prescribed breaks, compensatory measures must be provided. Such measures may take the form of a subsequent start-up or early conclusion or financial compensation. Rest and meal breaks must be observed at times agreed upon between the employer and the employee.

However, if no agreement is reached, the timing of breaks should be as follows, as far as reasonable and practicable: Ensuring adequate breaks can have a noticeable effect on an employee`s physical and mental well-being at work. In situations where fatigue can lead to damage (e.g. When operating or operating hazardous machinery, employers are required to take all feasible measures to ensure that fatigue is unlikely to cause damage.