Store owners and manager exploiting and monitoring staff.

Changing dreams

Hey all, I think I may have posted this in the wrong area, but time will tell. I'm Male, Irish and 25. I've been working in a Centra/Esso for around 3 months now, and the store owners exploit their staff. For example, I get rostered for 9 hour shifts from 6a.m - 3p.m, 2p.m - 11p.m, and 8 hour shifts from 7 a.m - 3p.m and 3 p.m - 11p.m. And quite regularly, I would do a 9 hour evening shift, and have to be back in work 7 hours later for another 9 hour morning shift. And in all, I get between 1 and 2 fifteen minute breaks, which I would say around 50% of the time I get called back off my breaks. I never signed a contract that said anything about forfeiting my breaks. But anyway, we are told quite often that the store owners have the security feed going straight to their houses and they monitor us from their home and track our breaks. There are several notices around our staff canteen saying that if an employee takes more than fifteen minutes per break they will be 'called into the office to discuss their position'. What can I do in this situation? There is around 12 staff in total, and we all get treated the same. The store has 1 manager and no assistant manager orn no supervisors, because both owners are in the store daily and they take care of orders and stock.

Corruptedmorals

Changing dreams wrote: »

Hey all, I think I may have posted this in the wrong area, but time will tell. I'm Male, Irish and 25. I've been working in a Centra/Esso for around 3 months now, and the store owners exploit their staff. For example, I get rostered for 9 hour shifts from 6a.m - 3p.m, 2p.m - 11p.m, and 8 hour shifts from 7 a.m - 3p.m and 3 p.m - 11p.m. And quite regularly, I would do a 9 hour evening shift, and have to be back in work 7 hours later for another 9 hour morning shift. And in all, I get between 1 and 2 fifteen minute breaks, which I would say around 50% of the time I get called back off my breaks. I never signed a contract that said anything about forfeiting my breaks. But anyway, we are told quite often that the store owners have the security feed going straight to their houses and they monitor us from their home and track our breaks. There are several notices around our staff canteen saying that if an employee takes more than fifteen minutes per break they will be 'called into the office to discuss their position'. What can I do in this situation? There is around 12 staff in total, and we all get treated the same. The store has 1 manager and no assistant manager orn no supervisors, because both owners are in the store daily and they take care of orders and stock.

You should contact NERA. They have the power to do an inspection. You should have 11 hours between shifts, and a half hour break for shifts longer than 6 hours. There is no specification for lunch hours, the general concensus is that an 8 hour shift or longer should have an hour break.

These have a legal basis in the Working Time Act 1997 http://www.irishstatutebook.ie/1997/en/act/pub/0020/index.html

As for splitting the break in two, I'm not sure if that's allowed. Best ask NERA. Calling you off your break would be fine if you then get to finish the break, but cutting it short is not. You say you did not sign a contract saying it is fine- did you ever sign any contract at al? Did any of the other staff? You are entitled to enforce your legal rights- but you are not there longer than a year, and can be let go at any time without a reason being given- UNLESS it falls under discrimination- religion, gender, race etc. Therefore a collective effort by all the staff is the best option.

Procrastastudy

I don't know if the position has been reversed due to a recent decision on the constitutionality of certain employment decisions but, retail staff working more than 6 hours between 11 - 2pm are entitled to a one hour break. There is/was also specific regualtions regarding the 15 minute breaks.

I would disagree that there isn't concenus on meal breaks on 8 hour shifts, or 9, 10 or 13 hours shifts to be honest it's 30 minutes. There are of course other additional breaks specified.

Sorry about the spelling on a college computer...

EDIT: Also CCTV can not be used for 'performance management' as far as I know. (No legal basis for that so check it) but it's what I was always told.

fasttalkerchat

Procrastastudy wrote: »

EDIT: Also CCTV can not be used for 'performance management' as far as I know. (No legal basis for that so check it) but it's what I was always told.

That falls under Data Protection Act... although I read that in company literature so I'm not sure of the exact terms in law.

Corruptedmorals

Procrastastudy wrote: »

I don't know if the position has been reversed due to a recent decision on the constitutionality of certain employment decisions but, retail staff working more than 6 hours between 11 - 2pm are entitled to a one hour break. There is/was also specific regualtions regarding the 15 minute breaks.

I would disagree that there isn't concenus on meal breaks on 8 hour shifts, or 9, 10 or 13 hours shifts to be honest it's 30 minutes. There are of course other additional breaks specified.

Sorry about the spelling on a college computer...

EDIT: Also CCTV can not be used for 'performance management' as far as I know. (No legal basis for that so check it) but it's what I was always told.

Correct me if I'm wrong, but I believe that only applies to drapery staff and/or working in Dublin.

Wishbone Ash

Corruptedmorals wrote: »

Correct me if I'm wrong, but I believe that only applies to drapery staff and/or working in Dublin.

It's a lot more widespread than drapery staff:

S.I. No. 57/1998:

ORGANISATION OF WORKING TIME (BREAKS AT WORK FOR SHOP EMPLOYEES) REGULATIONS, 1998.

ORGANISATION OF WORKING TIME (BREAKS AT WORK FOR SHOP EMPLOYEES) REGULATIONS, 1998.

I, TOM KITT, Minister for Labour, Trade and Consumer Affairs, in exercise of the powers conferred on me by sections 7 (3) and 12 (3) of the Organisation of Working Time Act, 1997 (No. 20 of 1997), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby make the following regulations:

Citation and Commencement
1. These Regulations may be cited as the Organisation of Working Time (Breaks at Work for Shop Employees) Regulations, 1998, and shall come into operation on the 1st day of March, 1998.

Definitions
2. In these Regulations—

"the Act" means the Organisation of Working Time Act, 1997 (No. 20 of 1997);

"retail trade or business" includes the business of—

(a) a barber or hairdresser,

(b) hiring goods otherwise than for use in a trade or business,

(c) a pawnbroker,

(d) retail sales by auction,

but does not include the sale of programmes or catalogues at theatres or other places of entertainment;

"shop" includes—

(a) any premises in which any retail trade or business is carried on,

(b) any premises in which goods are received direct from customers for cleaning, repairing, altering or laundering,

(c) any wholesale shop,

(d) any warehouse occupied—

(i) for the purpose of a retail trade or business, by the person carrying on such retail trade or business, or

(ii) by a wholesale dealer or merchant for the purposes of the business carried on by him or her in a wholesale shop,

but does not include—

(i) so much (if any) of a premises referred to in a preceding provision of this definition as is not used for any purposes aforesaid or, in the case of a wholesale shop, is not used for the purposes mentioned in the definition of "wholesale shop" in this Regulation,

(ii) any premises used for, or so much (if any) of a premises referred to in a preceding provision of this definition as is used for, the purpose of—

(I) a hotel,

(II) the preparation of food or the catering for any persons as respects their requirements in respect of food or drink, or

(III) any business carried on pursuant to an intoxicating liquor licence;

"shop employee" means an employee who does shop work;

"shop work" means work in or about a shop;

"wholesale shop" means any premises occupied by a wholesale dealer or merchant where goods are kept for sale wholesale to customers resorting to the premises.

One hour break for certain shop employees
3. In relation to the following class of employee, namely, an employee—

(a) who is a shop employee,

and

(b) whose hours of work as such an employee include the hours from 11.30 a.m. to 2.30 p.m.,

the minimum duration of the break to be allowed by the employer under secton 12(2) of the Act to him or her shall be one hour and that break shall, unless its commencement between those hours would result in section 12(4) of the Act not being complied with, commence between the hours aforesaid.

GIVEN under my hand, this 27th day of February, 1998.

TOM KITT, T.D.,

Minister for Labour, Trade and Consumer Affairs.

Procrastastudy

Corruptedmorals wrote: »

Correct me if I'm wrong, but I believe that only applies to drapery staff and/or working in Dublin.

It was from the Dublin drapery unions but ended up with universal application.

Corruptedmorals

Procrastastudy wrote: »

It was from the Dublin drapery unions but ended up with universal application.

Aha, I knew I had a basis for thinking that. Thanks.

Changing dreams

Yes I signed a contract, it hat no set date for duration of employment however.

NinjaTruncs

Do you get paid for your 15 minute breaks? If you take an hour lunch you won't get paid for that hour.

When I worked in retail. it was a spar shop, they operated the same way as you described. work a 8 hour shift you get two fifteen minute breaks, but if you worked a 9 hour shift (there was only one 9 hour shift 9-6) you would get a hour lunch unpaid break and a 15 minute paid break.

The rest period wasn't really an issue, as the only people who were affected were people who requested it, usually people had set hours, full timers worked the mornings and afternoon, part timers would work weekend and evenings. but i used to work to 11PM and then back in at 7AM to open up and never minded, but as i said that's what I asked for.

Changing dreams

Yes our 15 minute breaks are paid. But as the only male member of staff (Well, there are 2 more guys but they only work saturdays) I have to do everything when it comes to moving/lifting. I sometimes could spend the whole day doing stock, lifting coal/briquettes and keeping the fridges stocked up. I'd rather have an unpaid hour for a break, at least that way I would have time to sit down and eat something. I mean, I know I 'should' be grateful for having a job.. But not this crap for minimum wage. On wednesday just gone, the store owner made me work on both tills simultaneously, and I promise that I am NOT lying by saying that. I was on my till, he stood at the other and everytime a customer came to the till he was on, he literally shouted at and belittled me until I was serving both customers, it was because a member of staff went home sick, and on top of that, I also had to keep the floor stocked AND manage the petrol pumps. I'm literally being bullied and exploited.

It sounds like you are being bullied/belittled and possibly overworked, but I don't think that getting a longer break is going to fix that. Where I work we do 8 hour shifts with a 15 minute break, sometimes people do take an extra few minutes if it's a slow day or there's a lax manager on, but no one minds. I think it's because we have a good atmosphere around the shop. From what you've said the problem isn't the breaks, it's your working environment.

Talk about the working environment with your colleagues and maybe get a letter together for your boss, but if I were you I'd drop the thing about the breaks as it might be a losing battle that even if you win, the atmosphere in the shop and the treatment you're getting definitely wont get any better.