The new rules around breaks specify that if you don't state what will happen in your employment agreement then the act applies.
So you first need to see if your employment agreement says anything and if not either update it or apply the act as follows:
Employees MUST be given the breaks as set out below unless there is a written agreement to vary them. Any variation CAN NOT be less than what the act specifies in the act.
Work period between 2 hours and 4 hours
(2) 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.
Work period between 4 hours and 6 hours
(3)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 meal break.
Work period between 6 hours and 8 hours
(4)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 meal break.
Work period over 8 hours
(5)If an employee’s work period is more than 8 hours, the employee is entitled to the rest breaks and meal breaks in accordance with subsections (6) and (7)
(6)During the work period of 8 hours, the employee is entitled to—
(a)two 10-minute paid rest breaks; and
(b)one 30-minute meal break.
(7) During the work period beyond 8 hours (the subsequent period), the employee is entitled to the following:
(a)if the subsequent period is 2 hours or more but not more than 4 hours, to one 10-minute paid rest break:
(b)if the subsequent period is more than 4 hours but not more than 6 hours, to—
(i)one 10-minute paid rest break; and
(ii)one 30-minute meal break:
(c)if the subsequent period is more than 6 hours but not more than 8 hours, to—
(i)two 10-minute paid rest breaks; and
(ii)one 30-minute meal break.
We hope this helps.
