Many young people see it on their payslip: there are breaks are automatically deducted. Sometimes 30 minutes, sometimes even an hour. Even if you’ve barely had that break.
The question is: Is that even allowed? The short answer: no, not always.
In this blog we clearly explain when breaks may be unpaid, when not, and what you can do if pay is wrongly withheld.
Are breaks always unpaid?
No.
Whether a break paid or unpaid is, depends on the circumstances.
Most important is:
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could you use the break freely?
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did you have to stay at the workplace?
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did you have to remain available?
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was your break regularly interrupted?
If you were not really free, it’s often not a real break.
When can a break be unpaid?
A break is usually unpaid if:
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you may leave the workplace
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you do not have to work or be available
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you can actually take your break
Think of: stepping outside, eating something, using your phone without obligations.
When must a break be paid?
A break must often be paid when:
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you must stay at the workplace
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you must be reachable
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your break keeps getting interrupted
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you remain responsible for customers or safety
For example:
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being alone in the store
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keeping an eye on the cash register
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staying reachable “just in case”
Then that break often counts as working time.
Automatically deducting breaks: is that allowed?
Many employers:
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deduct breaks by default
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without checking whether you actually took them
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even on short shifts
👉 That is not simply allowed.
Breaks must actually are taken.
How about short shifts?
Do you work, for example:
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4 hours
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5 hours
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a short evening shift
Then a long unpaid break is often not reasonable.
Certainly not if you are in fact just continuing to work.
What if you don’t dare to take a break?
Among young people, we often see:
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too few staff
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busyness
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social pressure
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no replacement
If as a result you are in fact unable to take a break, the employer may usually Don’t let it go unpaid.
What should you do if breaks are unjustly withheld?
Use this step-by-step plan:
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Check your payslip
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Determine whether your break was truly free
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Collect evidence (schedules, chat messages)
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Request a correction in writing
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Take action in case of non-payment
In some cases you can:
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recover wages
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demand back pay
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get extra compensation
Common mistakes by young people
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thinking that breaks are always unpaid
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being afraid to ask questions
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accepting automatic deductions
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not keeping records
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waiting too long
That’s a shame. Often it’s about systemic errors.
Are you unsure about your breaks and wages?
Do you work:
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as a student
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with a side job
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part-time or through a temp agency
and are breaks automatically deducted?
Then have it checked quickly. Often it turns out that:
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the breaks are unjustly unpaid
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you are entitled to back pay
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the employer goes too far
👉 Feel free to get in touch to have your situation assessed.
Legal Protection of Breaks in the Netherlands
In the Netherlands, labour laws provide clear guidelines about breaks and remuneration. The Working Hours Act (Arbeidstijdenwet) stipulates minimum break times depending on the length of your working day. For example, if you work more than 5.5 hours, you are entitled to at least a 30-minute break. If your shift exceeds 10 hours, you must receive at least 45 minutes of break time, which can be divided into shorter breaks.
However, the law does not explicitly regulate whether these breaks must be paid; this is often determined by collective labour agreements (CAO) or individual employment contracts. It is common for unpaid breaks to be deducted from your pay if you are free to use the break time as you wish and are not required to remain on the premises or be available for work.
Examples of Paid vs. Unpaid Breaks
- Paid break: You work in a hospital and must remain on call during your break, ready to respond to emergencies. Since you cannot freely leave or disconnect, your break time is considered working time and must be paid.
- Unpaid break: You work in an office and take a lunch break during which you leave the building, have no work-related obligations, and are free to relax. In this case, the employer can lawfully deduct this time from your pay.
What to Do If Your Pay Is Wrongly Deducted
If you suspect that your employer is unlawfully deducting breaks from your salary, first consult your employment contract and any applicable CAO to understand your rights. Next, consider:
- Keeping a record of your actual break times and any interruptions or obligations during breaks.
- Discussing the issue with your HR department or supervisor to clarify company policy.
- If unresolved, seeking advice from a legal expert or trade union representative.
In some cases, you may be entitled to claim back unpaid wages through a formal complaint or legal action. The Dutch legal system supports employees in enforcing their rights, especially when employers do not comply with labour laws.
How Arslan & Arslan Advocaten Can Help
At Arslan & Arslan Advocaten, we understand the complexities surrounding employment law and employee rights in the Netherlands. If you believe your employer is unfairly deducting breaks from your pay, our experienced lawyers can provide you with tailored advice and representation. We help ensure your rights are respected and that you receive the pay you are entitled to.
Contact us today for a confidential consultation and let us help you navigate your employment rights effectively.
Frequently Asked Questions
Can my employer deduct breaks from my pay without my permission?
No, employers cannot automatically deduct breaks unless it is clear that you were not free to take them or you remained responsible during the break. Breaks must actually be taken and not just automatically deducted from your wages.
When is a break considered unpaid and when should it be paid?
A break is unpaid if you are free to leave the workplace, are not required to work or be available, and can use your break without restrictions. Conversely, it should be paid if you must stay at the workplace, remain reachable, or continue responsibilities during the break.
What should I do if my employer wrongly withholds pay for my breaks?
First, check your payslip and gather evidence like schedules or messages. Then, request a written correction and take further action if the employer does not pay back the wages or compensate you for unjustly withheld breaks.
Are short shifts exempt from paid breaks, and what if I’m unable to take a break?
For short shifts like 4 or 5 hours, long unpaid breaks are often not reasonable, especially if you are still working. If you are unable to take a break due to staff shortages or social pressure, the employer may be required to compensate you for that time.
