Ernest* works as a builder. Lately, his boss has been getting difficult with him and some of the other workers, and gets angry if he sees them take any breaks. Ernest just wants 15 minutes to rest and eat his lunch, but his boss said he’s paying them to work, not sit around. He even said he would give Ernest a written warning if he caught him ‘resting during working hours’ again. This isn’t right, surely Ernest is allowed a break during the day – even if his boss is ‘paying him to work’? Scorpion Legal Protection discusses the law on breaks and meal intervals.
Scorpion Legal Protection’s advice
Ernest’s boss can get into big trouble with the law! The Basic Conditions of Employment Act (BCEA) says that an employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour. During this hour break, the employer can only insist that the employee perform a duty that can’t be left unattended and can’t be performed by another employee. And if you are required to do work or be available for work during your break, your employer must remunerate you for it. If you agree to it in writing, your employer can reduce your break to 30 minutes (but nothing less than this) or get rid of your break completely if you work less than 6 hours a day.
In terms of a weekend break, all employers must give their employees a rest period of 36 hours, and this must include a Sunday – although this can also be changed if you agree to it in writing. You can also agree to have a rest period of 60 consecutive hours every 2 weeks, but again, this must be an agreement between both you and your employer (your employer can’t force this on you) and it must be in writing.
Tips:
- An employee must be allowed enough rest time and is not allowed to work for longer than 5 hours without having a meal break.
- If the employer (or the employee) wants to change the lunch hour, then the employee must be remunerated for the lunch hour if the employee works during the lunch hour.
- Your employer can only require you to work during your lunch break if the duty you need to perform can’t be left unattended and can’t be performed by another employee.
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* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.