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15min break for 7/8 hour shifts?(PIC OF NOTE FROM EMPLOYER TO ALL EMPLOYEES)

  • 19-04-2013 02:38PM
    #1
    Registered Users, Registered Users 2 Posts: 197 ✭✭


    I study a module called Employment Law and was shocked to see the how my boss was blatantly ignoring the Working Time Act...I'm not going to go into the details of the Act but I know it is:

    Break Time
    Hours worked
    15mins
    4hrs
    30mins
    6hrs

    I just need conformation that this "memo" left by my employer is clearly breaking the law as ALL staff work at least 7 or 8 hour shifts!


«1

Comments

  • Registered Users, Registered Users 2 Posts: 14,595 ✭✭✭✭CIARAN_BOYLE


    PaurGasm wrote: »
    I study a module called Employment Law and was shocked to see the how my boss was blatantly ignoring the Working Time Act...I'm not going to go into the details of the Act but I know it is:

    Break Time
    Hours worked
    15mins
    4hrs
    30mins
    6hrs

    I just need conformation that this "memo" left by my employer is clearly breaking the law as ALL staff work at least 7 or 8 hour shifts!

    are you allowed more than one tee break during the day? Or is there a separately scheduled lunch break?


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    The spelling's a bit Stratford at Bow. Aloud should read allowed! :pac:


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom




  • Registered Users, Registered Users 2 Posts: 658 ✭✭✭MIRMIR82


    PaurGasm wrote: »
    I study a module called Employment Law and was shocked to see the how my boss was blatantly ignoring the Working Time Act...I'm not going to go into the details of the Act but I know it is:

    Break Time
    Hours worked
    15mins
    4hrs
    30mins
    6hrs

    I just need conformation that this "memo" left by my employer is clearly breaking the law as ALL staff work at least 7 or 8 hour shifts!

    I think your employer may be ok, if you get your 15 min break say at 1o'clock after working 4 hours, you technically won't be working another 4 hours. You'll be working 3hrs 45mins after your break! Not sure though!!


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    are you allowed more than one tee break during the day? Or is there a separately scheduled lunch break?

    Just one 15min tea break...Shouldn't it be 30min break since I am working more than 6 hours?


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  • Registered Users, Registered Users 2 Posts: 2,986 ✭✭✭dzer2


    PaurGasm wrote: »
    Just one 15min tea break...Shouldn't it be 30min break since I am working more than 6 hours?

    Are you clocking in and do you clock out at tea time?


  • Closed Accounts Posts: 655 ✭✭✭hyperborean


    It looks like your employer is saying that the allocated 15 minute break is being abused by workers in that they are extending it beyond the 15 minutes? And the memo is advising the staff that future abuse of this allocated period will be dealt with.


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    dzer2 wrote: »
    Are you clocking in and do you clock out at tea time?

    No...just take a 15 min break at a designated time!


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    It looks like your employer is saying that the allocated 15 minute break is being abused by workers in that they are extending it beyond the 15 minutes? And the memo is advising the staff that future abuse of this allocated period will be dealt with.

    Yes you see that's the problem. Employees, including myself after studying Emp Law, think that we are entitled to more than just one 15 min break for working 7/8 hours. So employees start takin 20-25 min breaks trying to exercise their rights but then this memo appears...
    I am still confused as to how long we should be getting :S


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    It looks like your employer is saying that the allocated 15 minute break is being abused by workers in that they are extending it beyond the 15 minutes? And the memo is advising the staff that future abuse of this allocated period will be dealt with.

    Yes you see that's the problem. Employees, including myself after studying Emp Law, think that we are entitled to more than just one 15 min break for working 7/8 hours. So employees start takin 20-25 min breaks trying to exercise their rights but then this memo appears...
    I am still confused as to how long we should be getting :S


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  • Closed Accounts Posts: 3,407 ✭✭✭lkionm


    You get 15 minutes paid for working 4.5 hours.
    You get 30 minutes (15 paid,15 unpaid) when you work (more) 6 hours.
    1 hour for doing 8 or 9. cant remember.

    I had a lovely fight with my head office about this. You basically cant work more than 4 hours and not get a break is the law.


  • Registered Users, Registered Users 2 Posts: 4,026 ✭✭✭H3llR4iser


    PaurGasm wrote: »
    I study a module called Employment Law and was shocked to see the how my boss was blatantly ignoring the Working Time Act...I'm not going to go into the details of the Act but I know it is:

    Break Time
    Hours worked
    15mins
    4hrs
    30mins
    6hrs

    I just need conformation that this "memo" left by my employer is clearly breaking the law as ALL staff work at least 7 or 8 hour shifts!

    The regulation is sometimes subject of different interpretations; The most commonly accepted one is that is not legal to work X hours without a minimum break of Y minutes.

    So, it would be more or less "you need to take a minimum break of 15 minutes if your shift is up to 4 hours; a minimum of 30 minutes for shifts up to 6 hours" and so on.

    Bear in mind that many companies include lunch break in the break time.

    Taken care of the regulations stuff, let's come to the personal matter: you can discuss that note with your boss, but rest assured that nothing will come of it, he/she will stay on his/her position and chances are that you will become the "black sheep" or the "revolutionary".

    As a matter of fact, if I was you I'd immediately hit the market with CVs and look for a new job: the whole tone of that note is disturbing; It tries to stay civilized with "it has been brought to our attention..." and ends, at least the bit we can see, with a patronizing, uneducated, disrespectful, medieval "I do not want to see...". It reads like the ramblings of somebody obsessed with the idea that his/her employees are always up to no good, that they are out to steal/doss/feck him/her up the arse, and ultimately thinks he/she owns the people working in the company. The horrid spelling is just the icing on the cake.

    Sorry for the negativity, but I worked for a few arsehole bosses too many over the last two decades, and this letter makes my "idiotic boss sense" tingle...


  • Closed Accounts Posts: 655 ✭✭✭hyperborean


    PaurGasm wrote: »
    Yes you see that's the problem. Employees, including myself after studying Emp Law, think that we are entitled to more than just one 15 min break for working 7/8 hours. So employees start takin 20-25 min breaks trying to exercise their rights but then this memo appears...
    I am still confused as to how long we should be getting :S

    But that's not what the Memo said?

    The memo says nothing about working 7/8 hours with a 15 minute break!

    If you want to start a thread about the legality of an 8 hour shift were the employer only provides 15 minute break I would be gladly give you some advise on dealing with management but your thread is not about that!

    read your own OP, the Memo is perfectly fine,


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    If you want to start a thread about the legality of an 8 hour shift were the employer only provides 15 minute break

    I see where your coming from but that is exactly what the memo is about. The thing is we only get ONE 15 break for the 8 hours. I don't mean to shout that but I just want to get that point across. The memo is talking about these 7/8 hour shifts as they are the only shifts available in the business. I hope you understand that your quote above is exactly what I am talking about!


  • Closed Accounts Posts: 3,407 ✭✭✭lkionm


    PaurGasm wrote: »
    I see where your coming from but that is exactly what the memo is about. The thing is we only get ONE 15 break for the 8 hours. I don't mean to shout that but I just want to get that point across. The memo is talking about these 7/8 hour shifts as they are the only shifts available in the business. I hope you understand that your quote above is exactly what I am talking about!

    You should be getting half an hour for that by law. just google citizens information and its easy enough to navigate.


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    lkionm wrote: »
    You should be getting half an hour for that by law. just google citizens information and its easy enough to navigate.


    Thank You! This was all i needed ! haha


  • Registered Users, Registered Users 2 Posts: 1,789 ✭✭✭rugbyman


    I don't think you should ha ha on this. I suspect you are wrong. I think that after four hours you have your lunch break,paid or unpaid ,depends on case, this includes your 15 mins.when you restart after 4h.15 you do 3.h.45 to end of shift.. regards R


  • Registered Users, Registered Users 2 Posts: 2,986 ✭✭✭dzer2


    rugbyman wrote: »
    I don't think you should ha ha on this. I suspect you are wrong. I think that after four hours you have your lunch break,paid or unpaid ,depends on case, this includes your 15 mins.when you restart after 4h.15 you do 3.h.45 to end of shift.. regards R

    Quite wrong he is not clocking off for the break therefore he is working over 4 hrs which means he should be getting 30minute break.


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    dzer2 wrote: »
    Quite wrong he is not clocking off for the break therefore he is working over 4 hrs which means he should be getting 30minute break.

    I see your point. So the real question now is whether my 15min break within the 8hour shift is paid or unpaid? If its paid then I am only entitled to 15min/8hrs, but if it is unpaid then I am entitled to 30mins/8hrs?

    Have I just over complicated it?:S

    Damn Employment Law, why are you so confusing!


  • Registered Users, Registered Users 2 Posts: 22,462 ✭✭✭✭Pawwed Rig


    The link in Dooms post is correct.


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  • Closed Accounts Posts: 3,407 ✭✭✭lkionm


    rugbyman wrote: »
    I don't think you should ha ha on this. I suspect you are wrong. I think that after four hours you have your lunch break,paid or unpaid ,depends on case, this includes your 15 mins.when you restart after 4h.15 you do 3.h.45 to end of shift.. regards R

    This is exactly what my company thought but its one continuous shift of 8 hours so its half hour break regardless if it is broken into to 4 hour shifts because of the break.

    Bring in the citizens information thing to whomever is in charge and tell them. they might give you extra breaks.


  • Closed Accounts Posts: 655 ✭✭✭hyperborean


    PaurGasm wrote: »
    I see where your coming from but that is exactly what the memo is about. The thing is we only get ONE 15 break for the 8 hours. I don't mean to shout that but I just want to get that point across. The memo is talking about these 7/8 hour shifts as they are the only shifts available in the business. I hope you understand that your quote above is exactly what I am talking about!

    Thats not what you asked in the OP,
    PaurGasm wrote: »
    I study a module called Employment Law and was shocked to see the how my boss was blatantly ignoring the Working Time Act...I'm not going to go into the details of the Act but I know it is:

    Break Time
    Hours worked
    15mins
    4hrs
    30mins
    6hrs

    I just need conformation that this "memo" left by my employer is clearly breaking the law as ALL staff work at least 7 or 8 hour shifts!

    the memo says nothing about working only 15 minutes in a 8 hour shift. therefore its perfectly fine,

    Your probably not the best person to approach the management as you don't seem to understand even the most basic level of discussion,

    What does your contract of employment say about working hours?


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    Thats not what you asked in the OP,



    the memo says nothing about working only 15 minutes in a 8 hour shift. therefore its perfectly fine,

    Your probably not the best person to approach the management as you don't seem to understand even the most basic level of discussion,

    What does your contract of employment say about working hours?

    I see where your coming from now...So the memo itself is perfectly fine then. Have not see my contract in about 8 years since I was about 14 when I first signed it.


  • Closed Accounts Posts: 655 ✭✭✭hyperborean


    PaurGasm wrote: »
    I see where your coming from now...So the memo itself is perfectly fine then. Have not see my contract in about 8 years since I was about 14 when I first signed it.

    You need to speak to a NERA, working 8 hours with only a 15 minute break allocated and signing contracts with minors is something they would like to hear about.

    http://www.employmentrights.ie/en/


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Is this what your trying to say:
    7.5hrs work + 0.5 hrs break = 8hrs work shift.


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    Doom wrote: »
    Is this what your trying to say:
    7.5hrs work + 0.5 hrs break = 8hrs work shift.

    Not really, Its more like 7h 45m work with a 15 min break in total in which the shift is split into 4h work-15min break-3h 45min work-finish shift


  • Registered Users, Registered Users 2 Posts: 2,497 ✭✭✭ezra_pound


    rugbyman wrote: »
    I don't think you should ha ha on this. I suspect you are wrong. I think that after four hours you have your lunch break,paid or unpaid ,depends on case, this includes your 15 mins.when you restart after 4h.15 you do 3.h.45 to end of shift.. regards R

    Wrong!
    Go read legislation. Its quite clear on this.

    12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.(2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).

    Clearly entitlement to half hour including initial fifteen min break.


  • Registered Users, Registered Users 2 Posts: 2,497 ✭✭✭ezra_pound


    PaurGasm wrote: »
    Not really, Its more like 7h 45m work with a 15 min break in total in which the shift is split into 4h work-15min break-3h 45min work-finish shift

    Once work time exceeds 6 hours then entitlement is half hour. Irrelevant if 7h45 or 8 hours worked.


  • Registered Users, Registered Users 2 Posts: 197 ✭✭PaurGasm


    ezra_pound wrote: »
    Once work time exceeds 6 hours then entitlement is half hour. Irrelevant if 7h45 or 8 hours worked.

    So as my total work time within that shift exceeds 6 hours, I am entitled to a 30mi break instead of a 15min one?

    Thats what I thought!


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  • Registered Users, Registered Users 2 Posts: 191 ✭✭PhilMcGee


    Can they really just deduct time from your holidays as punishment?


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