REST BREAKS AND MEAL INTERVALS

The Employment Relations Act 2000 introduces from 1 April 2009 statutory entitlements to rest breaks and meal intervals. Employers are advised to consider two alternative positions.

1. Existing employment agreements
2. New employment agreements

Please note (below) the times advocated in the Act now insist the breaks be taken as below and this will not suit many businesses. Employers are however 'stuck' with the times in the amendment UNLESS they change their 'old' existing agreements and also include a new clause in their new agreements.

For existing agreements employers are unable to change the agreement without written consent. To obtain written consent employers require a signed letter of variation (below) or the employer will not be complying with the law.

Rest breaks and meal intervals are to be observed during an employee's work period at times agreed to by the employee and his or her employer; but in the absence of such an agreement then the legislation specifies that so far as is reasonable and practicable the rest breaks and meal intervals must be provided in the middle of the applicable work period.

The Entitlements:

• If an employee's work period is 2 hours or more but not more than 4 hours, the employee is entitled to one 10-minute paid rest break.
• If an employee's work period is more than 4 hours but not more than 6 hours, the employee is entitled to—
  (a) One 10-minute paid rest break; and
  (b) One 30-minute unpaid meal interval.
• If an employee's work period is more than 6 hours but not more than 8 hours, the employee is entitled to—
  (a) Two 10-minute paid rest breaks; and
  (b) One 30-minute unpaid meal interval.
• If an employee's work period is more than 8 hours, the employee is entitled to additional breaks as if the employee's work period had started at the end of the eighth hour i.e. their next 10 minute rest break would become due after their 10th hour.

The Act does not prevent an employer providing an employee with enhanced or additional entitlements to rest breaks and meal intervals (whether specified in an employment agreement or otherwise) on a basis agreed with the employee.

Employees who have greater entitlements for breaks do not lose them as a result of the new law.

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Suggested Clause for New Employment Agreements

Rest Breaks and Meal Intervals

Pursuant to section 69ZE of the Employment Relations Act 2000 (as amended), the employee agrees that rest breaks and meal intervals will be taken as follows:-

Ten Minute Rest Breaks: __________________________________________

Meal Intervals: ________________________________________________

The employee agrees that the above agreed to times may be varied where it is not practicable to stop work and in those circumstances the break or interval shall be taken as soon afterwards as reasonably practicable.

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Suggested Clause for EXISTING Employment Agreements from the 1st April 2009

(To be used with a Letter of Variation)

Rest Breaks and Meal Intervals

Pursuant to section 69ZE of the Employment relations Act 2000 (as amended), the employee agrees that rest breaks and meal intervals will be taken as follows:-

Ten Minute Rest Breaks: __________________________________________

Meal Intervals: ________________________________________________

The employee agrees that the above agreed times may be varied where it is not practicable to stop work and in those circumstances the break or interval shall be taken as soon afterwards as reasonably practicable.

Signed Employee: ___________________________ Dated this ____ day of ________ 20___ .

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For Existing Employment Agreements

VARIATION TO EMPLOYMENT AGREEMENT

BETWEEN: (Name of the Employer) ("the employer")

AND: (Name of the Employee) ("the employee")

This variation to the Employment Agreement dated [date of the original agreement], is intended to reflect changes to the original terms and conditions which have been agreed to by the Employer and Employee.

THE TERMS OF VARIATION.

1. Rest Breaks & Meal Intervals

1.1 The agreed rest breaks and meal intervals will be as stated below for each working day.

Rest Breaks and Meal Intervals
The employee is entitled to rest breaks and meal intervals as provided for in Part 6 of the Employment Relations Act 2000:-Between 2 & 4 hours work: One 10 minute paid rest break Between 4 & 6 hours work: One 10 minute paid rest break and one unpaid 30 minute meal interval Between 6 & 8 hours work - Two 10 minute paid rest breaks and one 30 minute unpaid meal interval Over 8 hours - the same rest breaks and meal intervals as above calculated from the end of the eighth hour. Pursuant to section 69ZE, the employee agrees that rest breaks and meal intervals will be taken as follows:

Ten Minute Rest Breaks: _______________________________________________

Meal Intervals: _______________________________________________________
______________________________________________________________

The employee agrees that the above agreed times may be varied where it is not practicable to stop work, and in those circumstances the break shall be taken as soon afterwards as reasonably practicable.

The parties intend that in all other respects the terms and conditions of the employment agreement dated [insert date of existing agreement] reflects the agreement between the parties and that read together the original agreement and this variation set out the terms and conditions of employment.

Date of Commencement.

The parties intend that this variation will take effect from [insert effective date of variation].

The Employee acknowledges that he/ she has been provided with a copy of this agreement and been advised that he/she is entitled to take advice upon this proposed variation before signature.

Signed by:

Employee

Employer

Date: _____/_____/20___