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Do managment have the right to cut break times?

  • 23-12-2014 12:31am
    #1
    quercus
    Registered Users Posts: 62 ✭✭


    hi I'm looking for a little advise from people here and their experiences in regards to rest breaks and entitlements. I'll give a little background first, I've being employed in my current job for more than 10 years, in those ten years the business has grown and grown (its a retail business) as the business has grown the employees entitlements have gotten less and less. when I first started we got a 15 min morning break 1 hour lunch and 15 min afternoon Business hours are 9am-6pm. after a couple of years the afternoon break was axed and the morning reduced to 10 mins. it carried on like that until this year when the morning break was upped to 15 mins again but lunch was dropped to 45mins and lunch starts at 12.30pm. and we have to be in work clocked in at 8.45am but don't start getting paid until 9am and its also frowned apon if you are seen clocking out before 6.15pm. and in the past week we received an email from management informing us that or lunch on Sundays will now only be 30mins and the manager will decide if its 30 mins together or 2 separate 15 mins depending on how busy the day is. (Business hours Sunday 11am-6pm) I'm on a salary and work many hours outside those business hours and each year those extra hours increase too, when I approached management about the extra hours (over 200 hours over the year)and the possibility of getting hours back as time off. I was told I'm on a salary and expected to work extra hours and I should be happy I have a job.
    There are many more things which are too numerous I could go on with but of most interest to me now is can they legally cut our lunch breaks to 45mins weekdays and 30 mins on Sunday. I have read through the laws governing this but I suppose im looking for some opinions before I go in all guns blazing about my rights and entitlements.

    thanks


Comments

  • #2
    therecklessone
    Registered Users Posts: 17,213 ✭✭✭✭therecklessone


    Hi OP,

    As far as I can see you have three sources of entitlements when it comes to rest periods during the working day:

    1. The Organisation of Working Time Act 1997 provides a legislative framework for the minimum rest periods required by law. In answer to your question, you are still being provided with more than the statutory minimum so what is happening is at least legal.

    2. Your contract of employment may state your entitlement to breaks in work. If your employer has unilaterally changed your break periods and these changes are at odds with the terms of your contract then you have the basis of an argument with them.

    3. Are you a member of a union and is there an existing agreement on breaks at your workplace?

    If your employer is complying with all three of these items with these new break times then you don't have much to go on I'm afraid. Even if they are not, and particularly on point number 2, you have to consider how far you are prepared to push this to get what you want. Can you find employment easily elsewhere? Judging by their response to your enquiry about the extra hours I suspect they feel you have no options but to accept the working conditions.

    Best of luck.


  • #3
    berger89
    Closed Accounts Posts: 387 ✭✭berger89


    In an 8 hour shift (I know you work 9+) you are entitled to a 30minute break AFTER 4 hours of work (or 1 hour unpaid) as far as I'm aware.
    I too work in retail and and we only get 30mins halfway during the shift. No such thing as fag breaks or anything. 30mins and that's it.


  • #4
    scamalert
    Registered Users Posts: 3,739 ✭✭✭scamalert


    retail myself,well bottom end of it anyway.but above poster is correct its usually only two breaks 9+h,thing is i can be interrupted and called anytime even on my break,but can always go back and finish it.To be honest i only care for breakfast rest is couple minutes if i decide so,thus at least that is ok with me and management. So id imagine you work way higher up the ladder where everyone has to take breaks at certain time,and most likely go out to get food,leave work place etc. if thats the case its two ways,get organized with others and petition your breaks with proper argument ,or adjust to time given. Now for starting 15min early depending on place you work might be sorta mandatory,just to be ready to work when time starts,as for finishing early i wouldn't comply with it,you get paid to work till 6 so thats when your day is over-overtime unless you don't finish your tasks on time could be argued. One thing for sure you wont be fired after 10+ years,because you clock out early,as you would get a nice payday,unless you are a manager or responsible for others,then it might trickle down to your contract,where it might mention staying late even after you finish or begin. This reminds me of an issue with counting tills that we had few years back,as people would have to go do their tills and until one finishes it might be past work time already.So this was changed to releasing people early to do their tills and someone from upper management or workers that came in early would jump in if need to,didn't diminish problem completely but saved some time for sure.


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