Should employees be paid for 1 hour break during a 9-5 job ?

edgal

Are employers legally obliged to give an hours paid break during a 9-5 job ? (I know that these breaks can be separated into 15 mins after 4.5 hrs, but just wondering whether they're paid or not ? )

if not legally bound to do so, what is the general practice of employers to the above.

Procrastastudy

An hour break isn't required of any employer outside of retail. One hour breaks in retail are unpaid. Other than that it's what ever is in your contract.

Have a look at www.workplacerelations.ie and this act.

Victor

AFAIK, the only employees entitled to a paid break are retail workers who are entitled to a short (15 minute?) paid break, if they have worked through the lunch period. All other breaks are unpaid.

Everyone working more than about 4 hours is entitled to a break.

Procrastastudy

Victor wrote: »

AFAIK, the only employees entitled to a paid break are retail workers who are entitled to a short (15 minute?) paid break, if they have worked through the lunch period. All other breaks are unpaid.

Everyone working more than about 4 hours is entitled to a break.

Retail workers aren't allowed to work through lunch. They have to have a 1 hour unpaid break if working more than six hours AND between 11:00 - 14:00. The rule is specifically there to stop employers giving staff lunch breaks at odd hours due to customer flow. Of course like everything it's had knock on side effects that they're just brought in for less then six hours!

There is also some odd thing about 15 minutes paid breaks where as they may be unpaid in other sectors. Also odd rules about breakfast breaks!

EDITED for Victor!

Victor

Procrastastudy wrote: »

Retail workers aren't allowed to work through lunch.

The lunch period / middle of day / bit after midday.

They have to have a 1 hour unpaid break if working more than six hours between 11:00 - 14:00.

Are you sure there are six hours in that period-?

Procrastastudy

Victor wrote: »

The lunch period / middle of day / bit after midday.

Are you sure there are six hours in that period-?

Smart Arse :P (meant with the greatest of respect and in the spirit of joshing!)

They obviously come in or work after that period!

Victor

Do you mean "if working more than six hours they have to have a 1 hour unpaid break between 11:00 - 14:00."?

And you in second year?

Procrastastudy

Victor wrote: »

Do you mean "if working more than six hours they have to have a 1 hour unpaid break between 11:00 - 14:00."?

And you in second year?

I'm working off my imperfect knowledge of the semantics from the ten years of working on retail rosters (amongst other things such as kicking Junkies out of Henry Street stores) and one having to restructure all the rosters for 150 staff across ten sites on this one rather than my taught knowledge of employment law which is near zero. :pac:

EDIT but actually no your quote isn't entirely accurate either because if the work six hours and don't get to 2pm they aren't entitled to the break then.

amen

ianal but it is my understanding that after 6 of hours of work irrespective of the start time, day etc then an employee is entitled to a break of at least 30 minutes.

There is no obligation to pay for this break.

If you start at 3am and finish at 9am you are entitled to a 30 min break.

Retail workers aren't allowed to work through lunch

Might be company policy but don't think its a law.

IMightKnow

I worked in retail before where there was absolutely no such thing as a paid break.

You worked for 9 hours eg 10am-7pm. Got one hour break and one half hour break. The first break was always within 4 hours of starting. Didn't get paid for any of them.

So basically for your 9 hours at work you got paid for 7.5 hours.

Procrastastudy

amen wrote: »

ianal but it is my understanding that after 6 of hours of work irrespective of the start time, day etc then an employee is entitled to a break of at least 30 minutes.

There is no obligation to pay for this break.

If you start at 3am and finish at 9am you are entitled to a 30 min break.



Might be company policy but don't think its a law.

Whether it's been overturned by recent decisions is open to someone to put me right on but it was/is law for a number of years.

IMightKnow wrote: »

I worked in retail before where there was absolutely no such thing as a paid break.

You worked for 9 hours eg 10am-7pm. Got one hour break and one half hour break. The first break was always within 4 hours of starting. Didn't get paid for any of them.

So basically for your 9 hours at work you got paid for 7.5 hours.

You go done out of your 15 min breaks I'm afraid.

Procrastastudy

I should have just done this to begin with

Breaks

The general rule on breaks is that you are entitled to a break of 15 minutes after a 4 ½ hour work period. If you work more than 6 hours 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.

Shop employees who work more than 6 hours and whose hours of work include 11.30am-2.30pm are entitled to a one hour consecutive break which must occur during those hours.

Example: If you start work at 7am you are entitled to take a 15-minute break at 11.30am. At 1.15pm when you have worked 6 hours you are entitled to take a break of 30 minutes. As you have already taken a break at 11.15, your employer can limit this break to 15 minutes. (If you are working in a shop you are entitled to a one-hour break at 1.15pm.) If you start working again at 1.30pm or 1.45pm and continue working until 6 or 6.15pm you are entitled to another 15-minute break.

Employees whose working conditions are covered by the Registered Employment Agreement (Dublin and Dun Laoghaire Drapery, Footwear And Allied Trades) are entitled to a 15-minute paid break (exclusive of the main meal break) if working more than 4 ½ hours.

Until 7 July 2011 employees who were covered by the Employment Regulation Order (ERO) for the Retail Grocery and Allied Trades (nationwide) were entitled to a 15-minute paid break (exclusive of the main meal break) if working more than 4 ½ hours. Following a High Court decision Employment Regulation Orders ceased to have statutory effect from 7 July 2011. Employees who were covered by this ERO have existing contracts of employment which govern their conditions of work. Any change in their contract of employment normally requires the employee’s consent so the terms set down in the ERO still apply to employees whose contracts date from before 7 July 2011. Until new EROs are made the conditions of work (including rest periods) for employees who start work after 7 July 2011 are governed by employment legislation such as the Organisation of Working Time Act 1997.

So the paid 15s are gone the hour is still there although I was slightly wrong on the times - and so were the roisters I did because that's what we were told by the solicitor!