Mandatory Breaks

MagicSean

Does anyone know what the current law is in regard to break entitlements and how this is enforced? What kind of trouble would a company be in if they did not provide these breaks? If a company policy is set down in regard to breaks but local management do not implement it properly would the company still be liable? What happens if an employee works through their alotted break and finishes early or gets overtime for the time worked? Does the employees consent for this practice negate any wrongdoing by the company?

seamus

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

To reflect the fact that business needs aren't always set in stone, there are no mandatory provisions in terms of taking breaks - i.e. the employee is basically never required to take a break at any time.

An employer can really only be found guilty of wrongdoing if it doesn't permit an employee to take breaks after the maximum amount of time. If an employee chooses to keep working, that's up to the employee to decide.

eejoynt

Does anyone know what the current law is in regard to break entitlements and how this is enforced?

Its set out in the organisation of working time act

What kind of trouble would a company be in if they did not provide these breaks?

It derives from health and safety law so it could be enforced either through the labour court or the civil courts. in addition to awarding payment for the untaken breaks, ECJ decisions require court decisions here to be sufficiently dissuasive to act as a deterrent

If a company policy is set down in regard to breaks but local management do not implement it properly would the company still be liable?

Yes (unless local management employ the workers directly and pay them out of their own pocket)
What happens if an employee works through their allotted break and finishes early or gets overtime for the time worked?

It cant be done - rest is part of health and safety
Does the employees consent for this practice negate any wrongdoing by the company? NO you cant contract out of statutory rights and any employee with a shred of wit would plead duress in such circumstances

MagicSean

Thanks. Very helpful.

Victor

seamus wrote: »

To reflect the fact that business needs aren't always set in stone, there are no mandatory provisions in terms of taking breaks - i.e. the employee is basically never required to take a break at any time.

Not required by law, but can be required by the employer.