Lunch breaks and rest period issue.

Mister Jingles

I am just wondering if it is legal for an employer (shop) to only give two 15 minute breaks in an 8 or 9 hour shift, these break are paid for but i just find it hard to believe that in a 9 hour shift you only get a half hour break in total.

Also if I was working till 10 pm and was to start my next shift at 6.30 am the next morning is this against the law ? This is a common thing in my work place and takes a lot out of me so im just wondering before i sign any contract.

superleedsdub

http://www.peninsulagrouplimited.com/ie/an-employers-guide-to-the-organisation-of-working-time-act-part-1/

Rest Breaks
One of the most common questions employers have about the OWTA is rest breaks. It is important to remember that employees are entitled to a break of at least 15 minutes in any work period exceeding 4.5 hours and at least a 30 minute break in any work period exceeding 6 hours (which can be inclusive of the first 15 minute break).
Employees cannot substitute rest breaks for leaving work early, a tribunal will not see this as a justifiable rest period and as such it is the employer’s responsibility to ensure adequate rest breaks are taken.
All employees should, in addition to daily rest periods, have a weekly rest period of one full day off, which is a consecutive rest period of 24 hours in a seven day period. This can be tricky for retail industries as they are often a 24 hours operation, and as such employers have to be strategic when planning out rosters for their employees to ensure they can have staff to cover on short notice without being in breach of the working time provisions. Employees should also get a rest period of no less than 11 hours between shifts in each 24 hour period.
- See more at: http://www.peninsulagrouplimited.com/ie/an-employers-guide-to-the-organisation-of-working-time-act-part-1/#sthash.wLsisTjU.dpuf

Mister Jingles

I read that already but I don't understand it and it doesn't tell me if my employer is entitled to give me only two 15 mins breaks ? Im just looking for an answer in simple english.

gman2k

Mister Jingles wrote: »

I read that already but I don't understand it and it doesn't tell me if my employer is entitled to give me only two 15 mins breaks ? Im just looking for an answer in simple english.

No, you are entitled to a 1hour break (unpaid).

superleedsdub

It means that your employer is legally obliged to give you a 15 minute break every 4.5 hours - the cost of this time is incurred by your employer. All employers I have been employed by have provided this in addition to at least a 30 minute lunch break (which is not included as part of my working week) at the employees expense, i.e. unpaid

So a typical 9-5, 40-hour working week is actually a 37.5 hour working week - you will be paid based on a 37.5 hour week which should include 2.5 hours of breaks...

superleedsdub

Better example detailed here: It appears the legislation was changed regarding paid breaks:-(

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



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.



Rest periods
The definition of a rest period is any time that is not working time. The rest periods set out in the Act are as follows:

(a) You are entitled to 11 consecutive hours rest in any period of 24 hours. In addition you should get 24 consecutive hours rest in any period of 7 days and this should normally follow on from one of the 11-hour rest periods already mentioned, or

(b) As an alternative your employer can give you two 24-hour rest periods in the week that follows one in which you did not get the entitlement described in (a) above.

Unless your contract provides otherwise your 24-hour rest period referred to above should include a Sunday.

Lux23

You aren't getting a proper rest period, but I never worked anywhere that ever took that into account. I often finished a shift at 10pm and would be in a at 8.00am the next morning. Generally I didn't mind because I hated the 10pm shift.