Section 23Part 3 — Remuneration and Hours of Work
Rest period
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23. (1) Every employer shall permit each of that person’s employees to enjoy, in every period of seven consecutive days, a period of rest comprising at least twenty- four consecutive hours. Section 24 Labour Act (2021 Revision) Page 20 Revised as at 31st December, 2020 c
Every employer in a specified industry or business shall permit each of that person’s hourly-paid employees during each period of work —
of three to five hours, a minimum of fifteen minutes break;
of more than five hours, a minimum of two breaks of fifteen minutes each; and
of more than five hours, and in addition to any entitlement to breaks under paragraph (a) or (b), a meal break of thirty minutes, the employee to be paid for the period of each fifteen minute break (but not for the period of any meal break) the wage the employee would, but for the break, have otherwise been entitled to receive.
For the purposes of subsection (2) the specified industries and businesses are —
construction;
manufacturing;
heavy equipment operators;
hospitality; and
gardening or landscaping.
Any employer who does not comply with any requirement imposed on that person by subsection (1) or (2) commits an offence.
Any employee not entitled to the breaks specified in subsection (2) is nevertheless entitled to reasonable rest and meal breaks.
All rest and meal breaks required by subsection (2), and all other rest and meal breaks to which an employee is entitled under subsection (5), shall, having regard to all the circumstances of the employment concerned, be taken at such reasonable times as are agreed between the employer and the employee.
Referenced By
- Section 14 — Vacation leave
Distinguished from daily or weekly non-work periods under section 23