Work hours... legal requirement for breaks?

Dave!

Hey folks,

I work in retail (part-time) and recently worked in the shop for 6 hours on my own, which I thought was crazy because of how busy it was (it being Christmas etc).

From what I gather after 4 1/2 hours work I'm entitled to a 15 minute break, but I'm wondering about the boldened part here:

The general rule on breaks is that you are entitled to a break of 15 minutes after a 4 ½ hour work period. After a 6-hour work period you are entitled to a break of 30 minutes, which can include the first 15-minute break. There is no entitlement to be paid during these breaks and they are not considered part of working time.

After 6 hours, one of the other lads came in (as per the roster), so I'm wondering if that covers the employers legally? ie. can they say something like "yeah but you could have taken a 45 minute break when X came in, but you did not"?

I'm not planning on taking any legal action or anything (I need the job!), but I'm just wondering whether the employers did in fact break the law, and what would be the repercussions for this in the event that they did and it was reported to the appropriate authority?

Just to reiterate, I am not taking legal action and have no plans to hold the company to ransom, but it would be good to know anyway.

Victor

As I understand it, but you really need to look up the rights websites

If you have been there for 4 hours, you are entitled to a break immediately. Lets face it, most people can't hold it that long.

If you get a 15 minute break then, after 6 hours of work you are entitled to a further 30 minutes.

Alternatively, the employer could give you the full 45 minutes after 3 hours and would be covered up to 6 hours worked, no including the breaks, i.e. 6.75 hours after you started

In$omniac

I work 6hour shifts in my job and I am only entitled to a 15 minute break, however I was asked to work 7hours the other day and they gave me a 30minute break!

Dave!

Any other thoughts on this pleeease?

I got the info in the OP from citizensinformation.ie, but I find the boldened part somewhat ambiguous. The employees' handbook for the company basically says the exact same, verbatim.

So I'm wondering how they can be covered legally?

I just checked and someone else is set to work 6 consecutive hours.

Do any legal eagles know if there is a requirement/obligation for the employee to be able to take the 15 minute break within the first 6 hours?

And could it be argued that low traffic in the shop (few customers), such that the employee may not necessarily have to serve anybody/do any work within a 15 minute period, qualifies as a "break", or must it be a designated break period?

Basically is there any circumstances under which it is legal for an employee to work 6 consecutive hours on their own?

Thanks alot

dermot_sheehan

Well heres the law the hand book is refering to:
section 12 Organisation of Working Time Act 1997
http://www.irishstatutebook.ie/1997/en/act/pub/0020/index.html

12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.
(2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).
(3) The Minister may by regulations provide, as respects a specified class or classes of employee, that the minimum duration of the break to be allowed to such an employee under subsection (2) shall be more than 30 minutes (but not more than 1 hour).
(4) A break allowed to an employee at the end of the working day shall not be regarded as satisfying the requirement contained in subsection (1) or (2)

Lockstep

Contact a union?

They usually provide the best advice.


This might also be of help
http://www.labour.ie/download/youth/pdf/knowyourrights5a.pdf

only18

im 18 and work in a restaurant/bar north of killarney. i work a 48- 56 hour week. 8hours a day. i get no break at all. but problem is alot of forrign workers stay in the bosses staff house ...hence they wont complain due to fear of being kicked out...
catch 22 eh.>?:(

Trojan911

Don't forget that you are also entitled a break between shifts of a minimum of eleven consecutive hours.

This is another one employers tend to overlook sometimes as well.


This should help.

(Sorry, just spotted same link above)

ca3nie

I work 8.30 to 5.30 Monday to Friday and get an hours lunch (unpaid) form 1 till 2.
Should I be getting a paid 15 mins break too? ?

Victor

I don't think so, as you don't work more than 4.5 hours solid.