Break Entitlements in the Workplace
As an employer, it is essential to understand your obligations regarding break times at work. All employees are entitled to their statutory breaks, and failure to provide appropriate break times can lead to burnout and decreased employee productivity, impacts health and safety protocols, and even has legal repercussions for employers.
When establishing what break times an employee should get, there needs to be an agreement between the employee and the employer, for example, break allowances written into an employment contract. If there is no agreement, employers must adhere to the timings described in employment law. In all workplaces, it is best to come to a reasonable compromise between you and your employer.
Despite break times being important for employee wellbeing and a legal requirement, we sometimes see a trend of insufficient break times being provided to workers in specific industry sectors, so let’s take a closer look at the key aspects of break time regulations and what employers should know to comply with the law:
1. Meal Breaks vs Rest Breaks
The first thing to understand is that there are two types of breaks: meal breaks and rest breaks. Meal breaks are typically longer and are meant to provide employees with time to eat a meal. For most, these are unpaid. In contrast, rest breaks are shorter and intended to provide employees with a brief rest from work. These rest breaks are paid breaks.
2. Length of Breaks
According to the New Zealand Employment Law, you should receive the following break/meal times:
- 4-6 work hours = 1 x 10 minute break (paid) and 1 x 30 minute meal break (unpaid)
- 6-10 work hours = 2 x 10 minute break (paid) and 1 x 30 minute meal break (unpaid)
- 10-12 work hours = 3 x 10 minute break (paid) and 1 x 30 minute break (unpaid)
- 12-14 work hours = 3 x 10 minute break (paid) and 2 x 30 minute meal breaks (unpaid)
3. Penalties for Non-Compliance
Finally, it's important to understand the penalties for non-compliance with break-time regulations. If an employer is not providing appropriate breaks, their actions can result in a personal grievance resulting in Penalties of up to $20,000 per breach. Furthermore, if there is an accident on site and this accident can be fully, or partially attributed to noncompliance with break requirements, the employer could face prosecution under the Health and Safety at Work Act which carries a potential term of imprisonment.
Breaktimes are a legal right for all employees. If you’re one of our Tech 5 employees and are not getting the appropriate breaks on your placement, raise it with your immediate supervisor. If that doesn’t work, then escalate the issue to your Tech 5 consultant.
If you’re not a Tech 5 candidate, contact your union delegate or a suitable employment law representative.
For information or questions about your legal obligations or rights regarding break times or any other aspects of employment law, feel free to reach out to our Tech 5 employment law specialist, John Dustow.
JOHN DUSTOW – E: johnd@tech5.co.nz | P: 027 855 9989







