Shop staff and breaks

orchidsrpretty

Just wondering about this: I work in a shop and since last year I have been working alone which means I dont get a break at all. The hours are 9-30 to 6-30 and while I get paid for the 9 hours I am just wondering if this is legal? I have looked it up on the CAB website and I know what the entitlements are but wondering if you are being compensated then it is ok?"
And also on Sundays( I work 7.5hrs) I only get paid for 7hours and my employers says he pays for my lunch! I can't leave the shop so I don't know how he expects me to get the lunch!
Its not so bad for me as I only work there two days but he runs three other shops and its the same situation in all three. I really feel like he is taking advantage of us(he only employs females:rolleyes:) as he cut our hours and our pay with absolutly no discussion allowed on either or we would be "let go due to the reccission etc...

XxMCRxBabyxX

orchidsrpretty wrote: »

Just wondering about this: I work in a shop and since last year I have been working alone which means I dont get a break at all. The hours are 9-30 to 6-30 and while I get paid for the 9 hours I am just wondering if this is legal? I have looked it up on the CAB website and I know what the entitlements are but wondering if you are being compensated then it is ok?"
And also on Sundays( I work 7.5hrs) I only get paid for 7hours and my employers says he pays for my lunch! I can't leave the shop so I don't know how he expects me to get the lunch!
Its not so bad for me as I only work there two days but he runs three other shops and its the same situation in all three. I really feel like he is taking advantage of us(he only employs females:rolleyes:) as he cut our hours and our pay with absolutly no discussion allowed on either or we would be "let go due to the reccission etc...

That doesn't sound legal to me. Afaik you're entitled to at least half an hour break.
Is there anyway you can close the shop for half an hour? I used to work in a shop and that's what I did for my lunch. Although Management had told me i could do that. Wouldn't get paid for it though.

wmpdd3

http://www.employmentrights.ie/en/media/Workingtimeact.pdf

As above you are entitled to a half hours break.

Could be hard to get it, I'm sure your employer knows this already but he would have to employ someone else from 12-4 to cover your break so he's making a big saving employing you.

You could try complaining to NERA, though they are on a go slow, and they were v. slow anyway!

The link above is to an explaination of the law your employer is breaking.

Just to clarify you are not entitled to be able to leave the shop during your break whether you are paid or not, so he may try tell you that you are getting your break as you can eat in the shop.

Shelflife

Just to clarify you are not entitled to be able to leave the shop during your break whether you are paid or not, so he may try tell you that you are getting your break as you can eat in the shop.

you sure about that wmpdd3? what ever about a paid 15min break , i would imagine that an upaid 30min break would allow the employee to leave the premises.

its not much of a break if you have to remain on the premises.

Op what do you do for toilet breaks? and what about security when nature calls is the till let unattended.

if you are happy with this arrangement thats fine but as wpmdd3 says your employer is getting a good deal. what kind of a shop is it?

orchidsrpretty

Its a bookies that I work in. I knew that I was entitled to the breaks just wondering if it is legal; even if he paying me i.e can if I say that I want to take and hour for my lunch will he have to get cover for me?. For the bathroom I just go when its not busy.

gandalf

Tell him you will be closing the shop for half an hour to get lunch. Ask him if 12.30 - 1 or 1 - 1.30 suits best.

XxMCRxBabyxX

deadtiger wrote: »

Tell him you will be closing the shop for half an hour to get lunch. Ask him if 12.30 - 1 or 1 - 1.30 suits best.

or even compromise and agree to a later or earlier time when you tend not to be busy

orchidsrpretty

I wouldn't be able to just close up the shop and I don't want to be a bitch about it. Its just that its coming up to summer now and I will be doing more days and would like the option of getting time out of the shop if the weather is nice etc:)

gandalf

orchidsrpretty wrote: »

I wouldn't be able to just close up the shop and I don't want to be a bitch about it. Its just that its coming up to summer now and I will be doing more days and would like the option of getting time out of the shop if the weather is nice etc:)

TBH I am not sure what exactly you want or are asking here?

You are entitled to a break of half an hour. The only way that you can take that break is by closing the shop for that time if you work by yourself.

XxMCRxBabyxX

orchidsrpretty wrote: »

I wouldn't be able to just close up the shop

Not even for 15mins to grab yourself some food?!

Kenny DNK

its kinda the done thing in smaller bookies tbh...

Night_Prowler

The done thing doesnt negate the fact that its illegal. You are by law entitled an unpaid half hour break as per section 12 of the Organisation of Working Time Act, 1997. If you work it fine thats your choice, but if you want to go grab a sambo and there is no one to cover then you should close the shop for 5 mins and leave a sign on the door or something!
You should also be paid for the 7.5 hours you do on a sunday and not 7 (if you are not taking a break) ...it doesnt even make sense that you allow him to leave you short a half hour! And you should be paid overtime for working on a Sundays, however there is no specific legislation on the amount of overtime to be paid. This should be agreed between you and your employer.I would give the labour court a call they can clarify all this for you.
If your employer wont accomodate this, then you are protected by law from unfair dismissal and victimisation but maybe you should consider working for a different bookies! Nothing pisses me off more than employers who take advantage of their staff! At the end of the day the pay that your losing out on is going into his pocket!

orchidsrpretty

Night_Prowler wrote: »

The done thing doesnt negate the fact that its illegal. You are by law entitled an unpaid half hour break as per section 12 of the Organisation of Working Time Act, 1997. If you work it fine thats your choice, but if you want to go grab a sambo and there is no one to cover then you should close the shop for 5 mins and leave a sign on the door or something!
You should also be paid for the 7.5 hours you do on a sunday and not 7 (if you are not taking a break) ...it doesnt even make sense that you allow him to leave you short a half hour! And you should be paid overtime for working on a Sundays, however there is no specific legislation on the amount of overtime to be paid. This should be agreed between you and your employer.I would give the labour court a call they can clarify all this for you.
If your employer wont accomodate this, then you are protected by law from unfair dismissal and victimisation but maybe you should consider working for a different bookies! Nothing pisses me off more than employers who take advantage of their staff! At the end of the day the pay that your losing out on is going into his pocket!

This was pretty much what I was looking for; if I ask for my break and he refuses as he is paying. If I do not want the extra money just my break time I would be able to claim for unfair dismissal. Thanks for all the replies.

gerrycollins

Night_Prowler wrote: »

And you should be paid overtime for working on a Sundays, however there is no specific legislation on the amount of overtime to be paid.

its defined as "suitable compensation" be that extra pay or time in lieu but it has to be enacted.

wmpdd3

Shelflife wrote: »

Just to clarify you are not entitled to be able to leave the shop during your break whether you are paid or not, so he may try tell you that you are getting your break as you can eat in the shop.

you sure about that wmpdd3? what ever about a paid 15min break , i would imagine that an upaid 30min break would allow the employee to leave the premises.

its not much of a break if you have to remain on the premises.

Op what do you do for toilet breaks? and what about security when nature calls is the till let unattended.

if you are happy with this arrangement thats fine but as wpmdd3 says your employer is getting a good deal. what kind of a shop is it?

I worked in a factory years ago where the only break was a 30 min breas in a 7 hour shift. We were not allowed to leave the premises, I questioned it and the union agreed.

Shelflife

wmpdd3 wrote: »

I worked in a factory years ago where the only break was a 30 min breas in a 7 hour shift. We were not allowed to leave the premises, I questioned it and the union agreed.

bizarre, so you were basically a captive for the whole day.

bongi69

This is a query for someone I know (its not me, check my previous posts and you'll see I', "happily" on the dole )

This person works for a retailer that will remain unnamed, and is on a part time 18hr contract.

Recently, the person has been getting shifts that total 3.75 hours, thus she does not get a 15min break. She doesn't mind this, but has an issue when she's rostered on one of these shifts, that ends at closing.

The store closes at 6:30, or 9PM depending on the day. The store takes 15 mins to close up, so when she clocks out, she's worked a full 4 hrs. This can vary though, some nights its only 5 mins, and she understands management cant realistically roster for how long it takes to close.

Sometimes though, a POS changeover is done after closing, generally when the store closes at 6:30. This normally takes 30 mins or more, but the management don't make any allowance for it in the roster, even though they know well in advance. So thus even though the extra time takes her over the 4hrs, she does not get a 15 min break.

This has been raised with management by another employee, and was told that management can only base breaks on rostered hours etc etc.

Surely this can't be right? Can this person demand a break if they know that they will be in the store for more than 15 mins after closing, making her shift longer than 4hrs?

Shelflife

15min break only applies to a shift of 4.5 hours not 4.

LegacyUser

I work a 7.5 hr day, regular Mon-Fri office hours. We get a 15-min break in the morning and a 15 min break in the afternoon (paid). We get 1 hr for lunch (unpaid).

Are we REQUIRED to take a full 1 hr lunch break? Sometimes, if have an appt or something, I prefer to make u the missed time by taking a 1/2hr lunch or working through lunch. Lately, now getting refusal. Mgr saying that we need to take our full breaks.

I appreciate the fact that I am ENTITLED to 60min lunch, but am I REQUIRED to take it when I owe the company an hour or so?

Cheers.

Shelflife

If you owe the company time i would imagine that they would like to get it back when it suits them and not when it suits you ie: stay back an hour some evening when there is extra work on rather then work it when they have the shift fully covered.

wmpdd3

WorkerBee 339 wrote: »

I work a 7.5 hr day, regular Mon-Fri office hours. We get a 15-min break in the morning and a 15 min break in the afternoon (paid). We get 1 hr for lunch (unpaid).

Are we REQUIRED to take a full 1 hr lunch break? Sometimes, if have an appt or something, I prefer to make u the missed time by taking a 1/2hr lunch or working through lunch. Lately, now getting refusal. Mgr saying that we need to take our full breaks.

I appreciate the fact that I am ENTITLED to 60min lunch, but am I REQUIRED to take it when I owe the company an hour or so?

Cheers.

Just to clarify you are not entitled to the 1 hour lunch break, the 2 15 min breaks would satisify your employers lawful requirements.

You are taking it unpaid so it is probably in your contract, I can see how you would think it makes no difference as they are not paying you. But you are rostered for those hours for a reason.

I often get asked can staff have a shorter lunch break and go home early, but I can't do this because I need someone at the end of their shift and I have already brought in a person to cover their lunch so I need then to take it.

Really it's up to your employer if they can let you go but the certainly don't have to.

Cobra Kai

A shop employee working in a city centre is entiltled to a 1 hour break. The break must be between the hours of 12:30-2:30 if the employee is rostered to work through this period.