work lunch and wages

Conors10262

hi I have just started a new job in a restaurant ,it Is my first job and im 18 just finished the leaving cert .this job is a proper job not just a summer job. I work in the kitchen from nine to half five(although I usually have to work till six without pay) 3 days a week. I only get one half hour break a day and no other break or food ,the waiting staff use to get two breaks but this has stopped now as well. I only get paid 6.60 an hour and don't get paid for overtime which I do every single day without fail. if it is busy we get no breaks .are my working conditions legal? thanks

I think you should be on 6.92 an hour

JamboMac

I've worked many jobs with very little in the way of breaks, are you on the books and paying tax because I believe that is a bit lower than minimum wage although can't remember low it went. If you haven't signed a contract specifying your conditions I'm not sure where legal comes into it.

JamboMac

Wage is low because your classed as a trainee have a look at citizens advice, you can always pop down to your local if you believe your being taken advantage of.

ldxo15wus6fpgm

JamboMac wrote: »

I've worked many jobs with very little in the way of breaks, are you on the books and paying tax because I believe that is a bit lower than minimum wage although can't remember low it went. If you haven't signed a contract specifying your conditions I'm not sure where legal comes into it.

You cannot sign away your rights given by employment law.
Everyone is entitled to the minimum rest periods set out in legislation, whether you're paid cash in hand or not. Now, getting your employer to allow it is a different story altogether. I was in the same situation last year in a well known pub in phibsboro - managers refusing me the breaks I was entitled to while allowing others on theirs, etc.
I kicked up a fuss and got the boot. You have to decide whether you think they might just let you go if you complain and whether complaining would be worth the hassle.

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

JamboMac

Wren Shy Receiver wrote: »

You cannot sign away your rights given by employment law.
Everyone is entitled to the minimum rest periods set out in legislation, whether you're paid cash in hand or not. Now, getting your employer to allow it is a different story altogether. I was in the same situation last year in a well known pub in phibsboro - managers refusing me the breaks I was entitled to while allowing others on theirs, etc.
I kicked up a fuss and got the boot. You have to decide whether you think they might just let you go if you complain and whether complaining would be worth the hassle.

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

If read your link after 6 hours your entitled to 30 mins and in exceptional circumstances I.e to busy or emergency you may be entitled to none from what I have read.

LowKeyReturn

JamboMac wrote: »

If read your link after 6 hours your entitled to 30 mins and in exceptional circumstances I.e to busy or emergency you may be entitled to none from what I have read.

Exceptional means just that - not that they couldn't plan a piss up in a brewery.

ldxo15wus6fpgm

JamboMac wrote: »

If read your link after 6 hours your entitled to 30 mins and in exceptional circumstances I.e to busy or emergency you may be entitled to none from what I have read.

As said by LowKey, a pub being busy would not qualify as exceptional circumstances, employers must plan ahead and allow for breaks during busy periods. Exceptional circumstances might apply where 3 or 4 workers have not shown up for a 6-man shift, etc.