Rest Periods

6781

One of my Polish friends was asking me this.
The place she works in has 3 shifts and they work 39 hours per week, Monday to Friday. They can often be working on the 12-8am shift Monday, Tuesday, and Wednesday. Then asked to come in Thursday and Friday for the 4pm-12 shift. They were told by their manager they aren't entitled to 11 hours rest which once was the case. In the past they could come in at 6 and work on two extra hours, but not any more.

As far as I know they are still entitled to 11 hours rest, and they shouldn't be asked to change shift in the week. Don't you need 48hour rest to change shift?

This doesn't happen to the Irish people working there, they never get told to change shift during the week and are mostly on the 8-4 shift. They are in a union but their shop steward (I'm not sure if that's the correct tittle) who is Irish and is on the day shift isn't supportive of them. I told her to get in contact with citizens information and find out more information.

Just wondering what you guys make of this situation and what other advice I can give her.

Stheno

Working hours act has 11 hours between shifts so it seems they are in the wrong here (the employer that is)

johnayo

If the shop steward isn't interested, I would contact the Union Branch Secretary for advice.

6781

I actually mentioned that too, but she would prefer to see if they can resolved the issue internally first. Am I right in saying they are entitled to 11hours rest and 48 hours between a shift change?

Stheno

6781 wrote: »

I actually mentioned that too, but she would prefer to see if they can resolved the issue internally first. Am I right in saying they are entitled to 11hours rest and 48 hours between a shift change?

Not sure on the shift change but 11 hours rest is mandatory

Mrs OBumble

Hang on, I think there are some exceptions to the 11-hours between shifts thing. Take a look at the Citizen Information website, I think that's where I found out about that last time.

The other thing you could do is an informal query to the union - just ask about the rules for the industry.

If the local union rep is not supportive, yes, the next step is to approach the union staff. But remember that this puts them in a difficult place, if some of their members don't understand that treating staff unfairly or illegally is an issue. They should give some advice about the basic legal issues, though.

newbie2

The OWTA states that an employee must have 11 hours rest period between shifts. there are exceptions to sections 11,12 & 13 of the act (which generallly deal with rest periods, breaks and shift durations) but theses are specifically mentioned in the 1998 regulations. (Broadcasting, prison officers,film production, docotrs, defences forces etc).
AFAIK therer are no regulations regarding changing shift time mid week. There maybe local collective agreements that deal with it.

The shop steward 'being not supportive' is another matter. The shop steward is there to represent the members of the union. (and to somewhat give advice) whether they support the members issue or not should not be their concern. they are there to raise matters with management on behalf of the members.