working hours

soxs2014

I am currently due to start a 11pm to 7am shift tonight and be back in work from 3pm to 11pm tomorrow, I'm just wondering is this legal?

Hollister11

In not sure if it is or not, but it doesn't sound legal. Your working 16 hours from 24

soxs2014

I read somewhere that your due 11 hours rest in a 24 hour period,but I stand to be corrected on this

Lau2976

You are entitled to 11 hours between shifts I believe (citizens info should provide info on if you are exempt from this as some are)

P_1

It's the Working Time Act you need to look for.

Legally you're entitled to an 11 hour rest period between shifts.

Aka Ishur

P_1 wrote: »

It's the Working Time Act you need to look for.

Legally you're entitled to an 11 hour rest period between shifts.

That doesn't preclude smaller timegaps between shifts as long as it is not a normal occurance.

MarkAnthony

Aka Ishur wrote: »

That doesn't preclude smaller timegaps between shifts as long as it is not a normal occurance.

Oh? Would you be kind enough to enlighten me where this was decided/mentioned in the legislation?

efb

Yes it's legal- see shift work

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

MarkAnthony

efb wrote: »

Yes it's legal- see shift work

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

That doesn't tally up with Aka Ishur's post in fairness. That's a specific (and regular) shift change. I'm assuming here but surely the OP would know if he/she was on shift work?

Exemptions.

4.—(1) Without prejudice to section 6 , section 11 or 13 or, as appropriate, both these sections shall not apply, as respects a person employed in shift work, each time he or she changes shift and cannot avail himself or herself of the rest period referred to in section 11 or 13 or, as the case may be, both those sections.

(2) Without prejudice to section 6 , sections 11 and 13 shall not apply to a person employed in an activity (other than such activity as may be prescribed) consisting of periods of work spread out over the day.

Any enlightenment on what subsection (2) (in bold) means would also be welcome.

Aka Ishur

MarkAnthony wrote: »

....

From what I understand from the OP they are on shift work? I don't have any specific references on legislation side as my experience comes from checking these things out with the company solicitor but my understanding is that as long as it is not a regular shift pattern, shorter time off gaps between shifts are permitted.

(2300 to 0700, 1500 to 2300 every 2 days cannot be something that is always in the pattern and really wouldn't be as it makes scheduling a nightmare)

MarkAnthony

Aka Ishur wrote: »

From what I understand from the OP they are on shift work? I don't have any specific references on legislation side as my experience comes from checking these things out with the company solicitor but my understanding is that as long as it is not a regular shift pattern, shorter time off gaps between shifts are permitted.

(2300 to 0700, 1500 to 2300 every 2 days cannot be something that is always in the pattern and really wouldn't be as it makes scheduling a nightmare)

I'd argue that the company solicitor is probably thinks you can get away with it and I would agree for what it's worth. I'm not sure it's something specifically covered in legislation and technically not allowed.

I also think the OP was using the word shift in the vernacular but I stand to be corrected there.

Many thanks for the reply.