Prior 1 Jan 2023, the maximum working hours per week is 48 hours. Now it’s reduced by 3 hours to 45 hours.
Now, for a lot of companies who are already practicing 5-days work week, this has no effect for the current working hour is less than 45. However, for those who are working 6 full days week, I’ve received a lot of questions asking, is it okay for employers to adjust the hours by just adding pockets of break times in between that total up to 3 hours. Actually, can. Because the said 45 hours is excluding break time.
The tricky part now is, where can the company add those pockets of break times. There has been disputes argued in court before that if the break hour is any less than 30 mins after 5 consecutive hours (as per written in the Act), then it should be considered as working hours. But it was concluded to determine whether such break is a working hour or not, the employers & the employees would need to negotiate and come to an agreement.
Well, from my experience, every party will always put their interest first. So the tendency will be the employers saying no and the employees saying yes. Hence, no agreement.
So to keep things simple and clear, if you are an employer and you plan to add in break hours in between to reduce the working hours, my recommendation is make it 30 mins extra instead after 5 consecutive hours, minimum. Not a 15 mins morning tea break + 15 mins afternoon break.
And also remember, bosses, when it comes to break time, unlike working hours, the employees are free to dispose of their own time and movements. So, with best endeavor, the break time shall not be interrupted nor disturbed by the employer.
Like that.
#POV #EA1955 #BebelBimbo
