"Company Extends Lunch Break but Cuts Annual Leave"... Small Firm Employee 'Outraged'

Company-Ordered Longer Break Time
Dispute Over Legitimacy of Annual Leave Deduction

A story posted by an employee of a small or mid-sized company, claiming that 6 days of annual leave were deducted because the lunch break was extended by 10 minutes, has sparked controversy online. Critics are denouncing the company for deducting annual leave even though the longer break time was introduced under company instructions.

Image related to lunchtime. Getty Images

"I have absolutely no intention of resting 10 minutes more..."

On the 12th, a post titled "Annual Leave at a Certain Small or Mid-Sized Company" appeared on an online community. The poster, identified as Mr. A, wrote, "The company starts lunch 10 minutes earlier, so instead of 1 hour we get 1 hour and 10 minutes, and because of that 10 minutes they deducted as many as 6 days of annual leave," adding, "Out of 15 days of annual leave, I only have 9 days left. I wonder if this is really correct." He continued, "Starting lunch 10 minutes earlier was the company's instruction, not my decision," and added, "I have absolutely no intention of resting 10 minutes more."

The post drew a series of comments criticizing the company’s action. Online users reacted by saying, "It makes no sense for the company to tell employees to rest and then treat that time as annual leave," "I can't understand the calculation that 10 minutes would cost 6 days of annual leave," and "Who would stay long at a company that operates like this?" Others commented, "With working conditions like this, it's no wonder young employees avoid small and mid-sized companies," and "Extending the lunch break and then deducting annual leave is practically forcing unpaid leave." Some offered practical advice, such as, "It would be good to consult the labor office," and, "If improvement is unlikely given the company culture, it’s worth considering changing jobs."

"Breaks due to employer’s circumstances are hard to treat as annual leave"

In general, if the employment contract or work rules specify a 1-hour break and the company, on its own judgment, grants additional break time, it is difficult to regard this as the employee’s use of annual leave. As a rule, time during which work is not performed due to the employer’s circumstances can fall under the responsibility of the business, and treating this as the individual employee’s annual leave may give rise to legal disputes.

Experts advise that employees should first check the standards for break time and working hours set out in their employment contract and work rules, and if they conclude that annual leave has been unfairly deducted, they can seek relief by consulting with or filing a report to the labor office.