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Leaving work during break time

  • 01-03-2011 10:33pm
    #1
    JTC83
    Registered Users, Registered Users 2 Posts: 77 ✭✭


    Hi all,
    I hope someone here can help me. I've looked at the various employment rights websites and legislation and cannot seem to find it stated anywhere whether people are entitled to leave their work premises during their break.
    I work 6 and a half hours a day, and so get a 30 minute break. I am just wondering if I am legally entitled to leave the premises or not during this time. It has never been an issue, but I just want to make sure as I suspect it may questioned.
    Thanks in advance for any help :-)


Comments

  • #2
    Pure Sound
    Registered Users, Registered Users 2 Posts: 451 ✭✭Pure Sound


    Where I work it is never questioned, Managers do it aswell as staff but I'm not sure from a legal point of view whether or not it is a requirement to stay in. It depends on the facilities available I'd imagine, is there hot food provided in the canteen, are you being paid for the 30 minute break?


  • #3
    DELTATIP
    Registered Users, Registered Users 2 Posts: 62 ✭✭DELTATIP


    Are you paid whilst on lunch if so there might be an insurance
    clause if you are not paid you are on your own time


  • #4
    doolox
    Closed Accounts Posts: 2,350 ✭✭✭doolox


    If yours is a paid lunch break then the company can decide if you stay in the premises or not. If it unpaid ( see your contract and hours of work....) then you can do waht you like as it is your own time.


  • #5
    JTC83
    Registered Users, Registered Users 2 Posts: 77 ✭✭JTC83


    Thanks for the speedy replies. I'm on a salary, and my contract doesn't state anything about breaks. I've been in the job 6 years and it has never been an issue so far, hopefully won't be now either, but other people have started to do the same, and I'm afraid my boss will try to put a stop to it.


  • #6
    fionnmccoole
    Registered Users, Registered Users 2 Posts: 4 ✭fionnmccoole


    Found this on http://www.worksmart.org.uk/rights/what_is_the_definition_of_a_rest

    "A rest break is an uninterrupted period during which work should not be undertaken. You should be able to take it away from your workstation."

    I know this is in the UK but I remember reading the Irish version and its very similar, just can't find it right now.


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  • #7
    wmpdd3
    Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    Various Isiah retailers do not allow staff to leave during 15 and 30 minute breaks, but they can during the 1hr unpaid break.

    In my opinion it only leads to staff sneaking out for a cigarette as they cannot smoke on the premises.


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