Why an employer does not have to pay for breaks
Working time is the time during which the employee is at the employer's disposal (Article 19 of the Labour Act), and the FPS Employment expressly excludes rest and meal breaks from it. A break is mandatory once working time exceeds 6 hours (Article 38quater): without a collective agreement or royal decree, at least 15 minutes, at the latest when work reaches 6 hours.
Exceptions
If the employee must remain reachable or perform a task during the break, such as supervision, it is working time and therefore paid. A collective agreement, the work rules or the contract can also provide for a paid break.
What is the risk?
Not granting the mandatory break is a level 2 offence under Article 144 of the Social Criminal Code: an administrative fine of € 250 to € 2,500, per employee concerned. If an unpaid break is in fact working time, pay for that time is due.
What to do
Set the start, end and length of breaks in the work rules and leave the employee genuinely free during an unpaid break. Check the collective agreement of your joint committee to see whether the break is longer or paid there.
Are the breaks in your work rules correct?
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .