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Is this legal

  • 22-04-2009 9:08pm
    #1
    Registered Users, Registered Users 2 Posts: 6,419 ✭✭✭


    The company i work for has hit summer trading times which means open from 10 till half 9, so far since this started i have been working 12 hour shifts half 9 to half 9 on my own. With no chance of a break. My hours for this week are 3 of the 12 hour shifts 2 from 2-half 9 all on my own and sunday 11-6. Is any of this legal and if not what can i do to rectify it? Thank you in advance


Comments

  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac




  • Closed Accounts Posts: 84 ✭✭maybo


    Hard to decipher exactly what shifts you're doing... but you are entitled to breaks!!! You are entitled to at least 1 hour for lunch if you're doing an 8 hour shift, never mind 12 hours. From 5 hour shifts onwards, you are entitled to breaks.

    Here is a direct link to the law (in simple english) that explains it perfectly:

    http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/hours-of-work/rest-periods-and-breaks

    Hope this helps. As to what you can do about it, speak up for starters. Good luck ;)


  • Registered Users, Registered Users 2 Posts: 6,419 ✭✭✭allanb49


    it is a shop and most days its just me on my own, it is a big company but there is no staff at the minute and they are taking there time hiring new staff. I haven't had a break since i started there as 1. theres no where to take it or go and 2. most of the time i am on my own. And if i need to go to the toilet i have to wait till the shop is empty then lock the door and go in the back. But most days your lucky if the customers leave and when they do they do usually be back in 2 mins later


  • Registered Users, Registered Users 2 Posts: 9,244 ✭✭✭sdanseo


    maybo wrote: »
    You are entitled to at least 1 hour for lunch if you're doing an 8 hour shift, never mind 12 hours. From 5 hour shifts onwards, you are entitled to breaks.
    http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/hours-of-work/rest-periods-and-breaks


    Did you even read that link? You're entitled to 15mins for lunch in a 4.5 hour shift, with an extra 15 if the shift is 6 hours or more - they're normally taken as a 30min. Another 15 after another 4.5 hours. That said, any decent employer would be giving at the very minimum a 1 hour break over 12 hours, with a half hour or a 15min expected as well I'd say.

    allan, in short you are entitled to a one-hour main break (if the shop's main business is groceries, otherwise reverts to the above), a 15-minute break and most likely another 15 minutes also if you're doing 12hr shifts. Remember all this is a statutory entitlement. A good employer will give more. Speak up if you don't get it but if you're there less than a year nobody in this wonderful democratic nation will back you up, so watch the step.


  • Registered Users, Registered Users 2 Posts: 804 ✭✭✭jkmanc1974


    Might be barking up the wrong tree OP, do you work for one of the Irish bookmaking firms?? If so, you are definitely entitled to the breaks as per previous post, and thought that they had a minimum of 2 staff in any 1 shop?


    Brgds
    Johnny


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  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    Any retail shop has to have at least two members of staff on at any one time. Thats what i was always told when working in retail anyway.

    You can always tell your employer that if they refuse to give you the correct breaks you will just close the shop for an hour while you go on lunch, probably make them react a bit better.


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