Unpaid breaks?

LegacyUser

going to go anonymous for this if thats ok..

I work as a waiter in a restaurant that only opens in the evenings from 5pm onwards, with no "closing time" (the kitchen closes at 22:30, but the restaurant will still serve drinks/deserts etc well after this, and basically till the customers leave)

my shift usually starts at 6pm and i can finish at almost any time after, from 10pm to 2.30am depending on how busy the place is. I usually stay till the end, even helping the kitchen porter wash dishes at my managers request.

But it can be taken that my average shift is from 6 to 8 hours.

For this time at work, i get a 15min unpaid break, and "free" dinner, usually around 22:30.

Ive been working here for 2 years, and its always been the same, and ive never questioned it, but ive learned that a friend of mine working in a grocery store usually works 8 hour shifts, and gets a 30min paid break and a 15min unpaid break in this time.


So im really just asking, what is the legal requirement RE: breaks?

Ive spoken to my manager about it, and she/he told me that the breaks used to be 30min and paid but was stopped shortly before i joined as the owner had spoken to a "legal advisor" and concluded that it was unnecessary, and that because i work in a "catering industry" the usually rules dont apply.

ive already had my wage cut to €8 per hour, so its hard enough to get by when im only working 15-20 hours a week...

also, i get paid 1.5x my usual €8ph two sundays a month (€12ph), because that also a "legal requirement" for the catering industry, which is great and all, but i cant find any documents to back this up? can i claim the same for the other 2 sundays i work a month?


unfortunately, ive long since lost my contract...


any advice appreciated.

tenchi-fan

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/rest_periods_and_breaks.html

The general rule on breaks is that you are entitled to a break of 15 minutes after a 4 ½ hour work period. (i.e. if your shift is 6 hours long, you are entitled to a 15 minute unpaid break)

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.
(i.e. on those 8 hour shifts you're entitled to one thirty-minute or two 15-minute unpaid breaks)

No free lunches.

So it sounds like you're getting a good deal.

The rules are different for grocery store workers.