Claims a new bill will see the end of smoko breaks are being refuted by the Government.

Labour MP Andrew Little claims the Employment Relations Amendment Bill is 'mean-spirited and unfair”.

Prime Minister John Key during a visit to the Bay. The Government is seeking changes to the Employment Relations Amendment Bill.

Workplace relations and safety minister Michael Woodhouse says the claims are 'nothing but cynical and create a climate of fear”.

The Government's bill seeks changes to clauses 43 and 46 of the bill – these are the rules that govern rules for employees' entitlements to rest and meal breaks.

The current provision requires employers to provide the employee break and meal times. In a typical working eight hour day these are two 10 minute paid breaks and 30 minutes unpaid meal time.

The new change will see employees still entitled to those beaks but they may be subject to restrictions by the employer.

It will also do away with any prescribed timing for the breaks and says it's up to the employer and employee to negotiate their duration.

'The bill acknowledges that an employee is entitled to rest and meal breaks and balances this with the environment and need of the workplace, by making the rest and meal break rules more practical and flexible,” says Michael.

'Under the bill, employers and employees are able to negotiate when the meal and rest break takes place and how long for. If they can't agree, then the employer can set down the time but this must be reasonable.”

Michael says the bill also puts reasonable limits on when rest breaks and meal breaks can be restricted in certain workplaces, like when healthcare workers are dealing with an emergency for example.

'Employers must also still meet their legal requirements for managing health and safety risks in the workplace when considering rest and meal breaks too.

'The only situations where an employer does not have to give breaks are when the employee agrees, or where the nature of work means the employer can't reasonably allow a break.

'The Government acknowledges that employees need reasonable rest and meal breaks to rest, eat, drink and take care of personal matters and we are committed to ensuring that the right balance is struck between the needs of employers and employees.

'I am confident we have the balance right with this Bill and I look forward to its progression through the House.”