Common use of Minimum Breaks Clause in Contracts

Minimum Breaks. a) A break of at least nine (9) continuous hours must be provided wherever possible between any two qualifying periods of work. Qualifying periods of work for the purposes of this clause are: i. A duty, including any overtime worked either as an extension or as a separate duty; or ii. Call-back where eight (8) hours or more are worked continuously. b) Except that if a ten (10) hour duty has been worked then a break of twelve (12) consecutive hours must be provided wherever possible. c) If a call-back of less than a continuous eight (8) hour period is worked between two other qualifying periods of work, a break of nine (9) continuous hours must be provided either before or after the call-back. If such a break has been provided before the call-back it does not have to be provided afterwards as well. d) Except, for those employees who are called back between 2300 and 0500 hours, the roster should facilitate a 9 hour break wherever possible. e) If a break of at least nine (9) continuous hours –or twelve (12) – cannot be provided between qualifying periods of work, the period of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it shall be paid at the overtime rate. f) Time spent off duty during ordinary hours of work solely to obtain a nine (9) – or twelve (12) – hour break shall be paid at the normal hourly rate of pay. Any absence after the ninth – or twelfth – continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from duty.

Minimum Breaks. a) A break of at least nine (9) continuous hours must be provided wherever possible between any two qualifying periods of work. Qualifying Except that if a ten (10) hour duty has been worked then a break of twelve (12) continuous hours must be provided wherever possible. b) The qualifying periods of work for the purposes of this clause are: i. A duty, including any overtime worked either as an extension or as a separate duty; or; ii. Call-back where eight (8) hours or more are worked continuously. b) Except that if a ten (10) hour duty has been worked then a break of twelve (12) consecutive hours must be provided wherever possible. c) If a call-back of less than a continuous eight (8) hour period is worked between two other qualifying periods of work, a break of nine (9) continuous hours must be provided either before or after the call-back. If such a break has been provided before the call-back it does not have to be provided afterwards as well. d) Except, for those employees who are called back between 2300 and 0500 hours, the roster should facilitate a 9 hour break wherever possible. e) If a break of at least nine nine\ (9) continuous hours –or twelve (12) – cannot be provided between qualifying periods of work, the period of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it shall be paid at the overtime rate. fe) Time spent off duty during ordinary hours of work solely to obtain a nine (9) – or twelve (12) – hour break shall be paid at the normal hourly rate of pay. Any absence after the ninth – or twelfth – continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from duty.)

Minimum Breaks. a) A break of at least nine (9) continuous hours must be provided wherever possible between any two qualifying periods of work. Qualifying Except that if a ten (10) hour duty has been worked then a break of twelve (12) consecutive hours must be provided wherever possible. b) The qualifying periods of work for the purposes of this clause are: i. A duty, including any overtime worked either as an extension or as a separate duty; or; ii. Call-back where eight (8) hours or more are worked continuously. b) Except that if a ten (10) hour duty has been worked then a break of twelve (12) consecutive hours must be provided wherever possible. c) If a call-back of less than a continuous eight (8) hour period is worked between two other qualifying periods of work, a break of nine (9) continuous hours must be provided either before or after the call-back. If such a break has been provided before the call-back it does not have to be provided afterwards as well. d) Except, for those employees who are called back between 2300 and 0500 hours, the roster should facilitate a 9 hour break wherever possible. e) If a break of at least nine nine\ (9) continuous hours –or twelve (12) – cannot be provided between qualifying periods of work, the period of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it shall be paid at the overtime rate. fe) Time spent off duty during ordinary hours of work solely to obtain a nine (9) – or twelve (12) – hour break shall be paid at the normal hourly rate of pay. Any absence after the ninth – or twelfth – continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from duty.

Minimum Breaks. a) ‌ 3.7.1 A break of at least nine (9) continuous hours must be provided wherever possible between any two qualifying periods of work. Qualifying periods of work for the purposes of this clause are: i. A duty, including any overtime worked either as an extension or as a separate duty; or ii. Call-back where eight (8) hours or more are worked continuously. b) Except that if a ten (10) hour duty has been worked then worked, a break of twelve (12) consecutive hours must be provided wherever possible. c) 3.7.2 The qualifying periods of work for the purposes of this clause are: 3.7.2.1 A duty, including any overtime, worked either as an extension or as a separate duty; or 3.7.2.2 Call-back where the ordinary daily hours or more are worked continuously. 3.7.3 If a call-back of less than a continuous eight (8) hour period is worked between two other qualifying periods of work. In that case, a break of nine (9) continuous hours must be provided either before or after the call-back. If However, if such a break has been provided before the call-back back, it does not have to be provided afterwards as well. d) 3.7.4 Except, for those employees who are called back between 2300 and 0500 hours, the roster should facilitate a 9 hour break wherever possiblemust be provided afterwards, unless otherwise agreed between the employer and the employee. e) 3.7.5 If a break of at least nine (9) continuous hours –(or for ten (10) hour shift workers, twelve (12) – continuous hours) - cannot be provided between qualifying periods of work, the period of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken taken, and it shall be paid at the overtime rate. f) 3.7.6 Time spent off duty during ordinary hours of work solely to obtain a nine (9) – - or twelve (12) – hour break shall be paid at the normal hourly rate of pay. Any absence after the ninth – or twelfth – a continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from duty.