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 of a full duty or more, except that if a 10-hour duty has been worked then a break of 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) (ii) Call back where the daily ordinary hours or more are worked continuously. (c) If a break in accordance with clause 2.8(a) 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 or 12 continuous hours is taken and it shall be paid at the overtime rate as specified in clause 2.11.(a) below. (d) Time spent off duty during ordinary hours of work solely to obtain a nine-hour (or 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.