What is the break entitlement?

tomhenryford

I know someone who has started working 10am - 5pm shifts everyday.

They are only given a 30 minute unpaid break. I remember when I worked for a large company they were very particular that we all got our breaks and they had copies of The Working Time Act up everywhere.

What is the entitlement for the above shift, the person concerned would prefer an hour unpaid (hence be paid for 6 hours instead of 6.5 hours work).

The company open 9am - 6pm and everyone works combinations of 9-4, 10-5 or 11-6 and their all on 30 minute unpaid breaks.

I had a look on Citizen's Information but it wasn't clear information to pass on and although I'm pretty sure where I worked gave an unpaid hour for a 7 hour shift I'm not 100% so I'm just wondering if anyone can shed some light please.

bee06

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

If you work more than 6 hours you are entitled to a 30 min break which doesn't have to be paid unless the person is working in a shop.

tomhenryford

bee06 wrote: »

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

If you work more than 6 hours you are entitled to a 30 min break which doesn't have to be paid unless the person is working in a shop.

It is a shop. So how many hours do you have to work to get an unpaid hour.

therecklessone

Hi OP,

The statutory entitlement is for one hour (unpaid) if the person works for more than 6 hours and their working hours include the period from 11:30am to 2:30pm.

The relevant legislation is Section 12 of the Organisation of Working Time Act 1997

Rests and intervals at work.

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).

(3) The Minister may by regulations provide, as respects a specified class or classes of employee, that the minimum duration of the break to be allowed to such an employee under subsection (2) shall be more than 30 minutes (but not more than 1 hour).

(4) A break allowed to an employee at the end of the working day shall not be regarded as satisfying the requirement contained in subsection (1) or (2).

Under subsection (3) of that section the Minister (in 1998) issued a Statutory Instrument (SI 57/1998) whic provides for the specific entitlement you are looking for:

3 One hour break for certain shop employees

3. In relation to the following class of employee, namely, an employee—

(a) who is a shop employee,

and

(b) whose hours of work as such an employee include the hours from 11.30 a.m. to 2.30 p.m.,

the minimum duration of the break to be allowed by the employer under secton 12(2) of the Act to him or her shall be one hour and that break shall, unless its commencement between those hours would result in section 12(4) of the Act not being complied with, commence between the hours aforesaid.

The mention of Registered Employment Agreements and Employment Regulation Orders in the Citizens Advice link will not apply to your friend unless they were employed before May 2013 and July 2011 respectively, which is explained here