9. September 2021

Agreement Breaks

Filed under: Allgemein — @ 08:36

An employment contract is a legally binding agreement between you and your employer. There is a breach of this contract if you or your employer breach any of the conditions, for example. B if your employer does not pay your salary or if you do not work the agreed hours. Not all the conditions of the contract are in writing. An infringement may be an orally agreed provision, a written provision or a „tacit“ term of the contract. All workers (unless their employer is exempt) must enjoy at least the rights to rest and meal break set out in the Employment Relations Act. Where a worker is required to take a break under another legislation, that legislation applies to determine how and when the breaks are to be in progress. The employer or employee may benefit from mediation assistance if he has difficulties in reaching an agreement. If an agreement is reached between an employer and an employee, it should be recorded and followed in writing. If a worker feels that he should not have the breaks due to him, he must first talk to his employer. Workers are entitled to a total break of at least 0.5 hours per day, unless otherwise agreed.

The daily working time as a work break may not exceed 1 hour unless the working day exceeds 8 hours per day, in which case the working breaks may be 1.5 hours per day. The labour inspectorate expects employers and workers to be able to determine how and when appropriate breaks will be taken. In case of non-consent, they can contact us. If employees are unionized, they can be supported by their union. A good practice for determining breaks is taken into consideration: an employment contract or employment directive can give an employee additional rest and meal breaks, paid or unpaid, that go beyond the legal minimum. . . .

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