The rules around breaks and rest periods
The Working Hours Act determines how long employees may work and when they are entitled to break or rest time. This law protects employees from overwork and ensures a healthy work-life balance. The rules apply to employees aged 18 and older. Separate, stricter rules apply to young people under 18 to protect their well-being.
Minimum break times by law
The law has clear requirements for break times during a workday:
- On a shift of 5.5 hours or longer, a break of at least 30 minutes is mandatory. This may be split into two 15-minute breaks.
- For shifts of 10 hours or longer, a break of at least 45 minutes is mandatory. This may also be split into breaks of at least 15 minutes.
- A workday may not begin or end with a break.
CBA and non-standard agreements
Some collective bargaining agreements may contain deviating agreements on breaks, but these may not completely remove the statutory minimum rights. In most cases, an employee always remains entitled to at least a 15-minute break for a working day longer than 5.5 hours.
Are breaks paid or unpaid?
Breaks are in principle unpaid unless otherwise agreed in the employment contract, company regulations or a collective bargaining agreement. This means that employers usually do not have to pay for breaks, but there may be exceptions by sector or company.
Conclusion
Employees are entitled to rest periods during their workday, and the Working Hours Act provides clear guidelines for this. Employers and employees would do well to know and respect the rules surrounding breaks. If in doubt, the collective bargaining agreement or employment contract can provide guidance.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about legal working hours. Please feel free to get in touch .
April 2025
