Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill

Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Employment Relations (Rest Breaks and Meal Breaks) Amendment Act 2009 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act amended This Act amends the Employment Relations Act 2000. 4 Interpretation Section 69ZC is amended by inserting the following definition before work period : compensatory measure — a means a measure that is designed to compensate an employee for a failure to provide rest breaks or meal breaks in accordance with section 69ZD(1) ; and b includes (without limitation) a measure that provides the employee with time off work at an alternative time during the employee's work period, for example, a later start time, an earlier finish time, or an accumulation of time off work that may be taken on 1 or more occasions . 5 New sections 69ZD to 69ZEA 69ZEB substituted Sections 69ZD and 69ZE are repealed and the following sections substituted: 69ZD Employee's entitlement to rest breaks and meal breaks 1 An employee is entitled to, and an employer must provide the employee with, rest breaks and meal breaks that— a provide the employee with a reasonable opportunity, during the employee's work period, for rest, refreshment, and attending to personal matters; and b are appropriate for the duration of the employee's work period. 2 The employee's entitlement to rest breaks and meal breaks may be subject to restrictions, but only if the restrictions— a are reasonable and necessary, having regard to the nature of the employee's work; and a are— i reasonable and necessary, having regard to the nature of the employee's work; or ii if subparagraph (i) does not apply, reasonable and agreed to by the employer and employee (whether in an employment agreement or otherwise); and b relate to 1 or more of the following: i the employee continuing to be aware of his or her work duties, or if required, continuing to perform some of his or her work duties, during the break: ii the circumstances when an employee's break may be interrupted: iii the employee taking his or her break in the workplace or at a specified place within the workplace. 3 An employee's entitlement to rest breaks under this section is to paid rest breaks. 69ZE Timing and duration of rest breaks and meal breaks 1 An employee must take his or her rest breaks and meal breaks— a at the times and for the duration agreed between the employee and his or her employer; but b in the absence of such agreement, at the reasonable times and for the reasonable duration specified by the employer. 2 For the purposes of subsection (1)(b) , an employer may specify reasonable times and durations that, having regard to the employer's operational environment or resources and the employee's interests, enable the employer to maintain continuity of service or production. 3 An employer must provide an employee with a reasonable opportunity to negotiate with the employer and reach agreement under subsection (1)(a) on the times when the employee's rest breaks and meal breaks are to be taken and on the duration of the breaks. 4 To avoid doubt, subsection (3) does not limit the requirement of the employer and employee to deal with each other in good faith as set out in section 4. 69ZEA Compensatory measures 1 An employer is not required to provide rest breaks and meal breaks in accordance with section 69ZD(1) — a to the extent that the employer and the employee agree that the employee is to be provided with compensatory measures; or b if paragraph (a) does not apply, only to the extent that having regard to the nature of the work performed by the employee, the employer cannot reasonably provide the employee with rest breaks and meal breaks. 2 To the extent that the employer is not required to provide rest breaks and meal breaks in accordance with section 69ZD(1) , an employee is entitled to, and the employer must provide the employee with, compensatory measures. 2 To the extent that an employer is not required to provide rest breaks and meal breaks under subsection (1) , an employee is entitled to, and the employee's employer must provide the employee with, compensatory measures. 3 If an employer provides an employee with compensatory measures that involve time off work at an alternative time during the employee's work period, the employee is entitled to the same amount of time off work that relates to the duration of the employee's breaks if the employee had taken rest breaks and meal breaks. 69ZEB Compensatory measure must be reasonable 1 A compensatory measure provided to an employee under section 69ZEA must be reasonable. 2 To avoid doubt, if an employer provides an employee with a compensatory measure that involves time off work at an alternative time during the employee's work period, that measure is to be treated as complying with subsection (1) if— a the employee is provided with the same amount of time off work that relates to the duration of the rest break or meal break that the employee would have otherwise taken; and b the time off work at an alternative time is provided on the same basis as the rest break or meal break that the employee would have otherwise taken. 6 Penalty Section 69ZF is amended by omitting sections 69ZD and 69ZE and substituting sections 69ZD(1) or 69ZEA , as the case may be, . 7 New sections 69ZG and 69ZH substituted Sections 69ZG and 69ZH are repealed and the following sections substituted: 69ZG Relationship between Part and employment agreements 1 This Part does not prevent an employer providing an employee with enhanced or additional entitlements to rest breaks and meal breaks (whether specified in an employment agreement or otherwise) on a basis agreed with the employee. 2 An employment agreement that excludes , restricts, or reduces an employee's entitlements under section 69ZD(1) or 69ZEA or reduces an employee's entitlement to rest breaks and meal breaks under section 69ZD(1) or (3) or section 69ZE or to compensatory measures under section 69ZEA — a has no effect to the extent that it does so; but b is not an illegal contract under the Illegal Contracts Act 1970. 3 An employment agreement that restricts an employee's rest breaks or meal breaks other than in accordance with section 69ZD(2) — a has no effect to the extent that it does so; but b is not an illegal contract under the Illegal Contracts Act 1970. 69ZH Relationship between Part and other enactments Where an employee is a person who is required to take rest breaks or meal breaks by, or under, another enactment, the requirement for rest breaks or meal breaks defined by, or under, the other enactment applies instead of this Part.