Not allowed to take breaks.

LegacyUser

So I recently got a job after a year of searching, I was sooo happy as I have so many financial responsibilities that I absolutely needed one.

Got a job in a restaurant as a waitress, I applied for a part time position as I am in college full time everyday.

I started and excelled, so I was delighted. I was praised at how quick I picked things up and I was so happy about it. My hours came out two days after I had started, and I was due to work over forty hours over six days.

I applied and agreed for 25. Because the rota was already done I agreed to do it just for the first week. Now that was one thing, no big deal I thought, it can be fixed.

In the 9 days I have worked 62 hours which isn't a lot for most, but with college it was a lot of time that I needed for study. Again, I said ok, it will be worth it in the long run.

The real issue is that we aren't allowed take breaks. Most nights I work seven or eight hours and that includes waiting tables, doing wash up and other tasks as they don't fully staff during the week.

We have tried explaining that not taking breaks is illegal, but the managers answer was ' That is Irish law but it isn't our law' (They aren't Irish, which is wholly irrelevant except for this comment)

I worked ten hours today and after about five hrs into the shift I asked for a break to sit down. He said yeah you can have a break but you better be back in ten mins. Ok, better than nothing, so I did. Then when it came to me going home he said no you have to stay till closing (another three hours) I flat out said I couldn't do it and he got angry. He yelled that ' who was going to do things when I was gone' I said there are four other staff here surely someone can do it... Bear in mind we hadn't had a customer in three hours at this point.

Another girl that had done nine hours asked for five mins to eat some lunch, his response was literally, word for word, 'why, you're already big enough'

Obviously she was hurt but she then didn't take the break.

One guy offered to to extra hours as he needed the money and the manager said no because ' Irish people only want girls serving them' so any make staff are not allowed serve tables directly.

This sounds so dramatic but I honestly cannot stress how accurate it is.

I don't even know how this can be resolved, I am honestly so desperate for a job. I just feel upset right now and need to vent... It's so wrong. 90% of the staff are under 18 and it's their first job, so I can imagine it's hard for them too.

I just feel hopeless. I tried so hard to get a job and have worked sooo hard since starting and I just feel like maybe if I didn't work as hard I wouldn't be punished for it and get stuck with everything. Because I have done well he now comes to me for everything. If I answer the phone and a customer walks in while I'm speaking on the phone, he will literally come over and tap me and talk until the call is over. Even some customers have commented on it.

As there is no kitchen porter on weeknights I was in washup for three hours, which I honestly dont mind doing, but when it was done he then shouted at me for not answering the phone in that time. There were three other staff there.

Just dunno what to do. I cannot quit, I am looking for another job but it was so hard to find one that now I know it will go against me if I mention this job and looking to leave so soon yet it's so hard to find time to have an interview aswell.

Just fed up.

Thanks

Diziet

You have some experience now, so use it to find something else, it will be easier. Cite college work to go to the interview. Of develop a migraine.

They are being exploitative and breaking the law. Are they paying for the hours you work, in full? Are they paying holidays? Do you get share of tips?

BrianBoru00

myfeethurt wrote: »

So I recently got a job after a year of searching, I was sooo happy as I have so many financial responsibilities that I absolutely needed one.

Got a job in a restaurant as a waitress, I applied for a part time position as I am in college full time everyday.

I started and excelled, so I was delighted. I was praised at how quick I picked things up and I was so happy about it. My hours came out two days after I had started, and I was due to work over forty hours over six days.

I applied and agreed for 25. Because the rota was already done I agreed to do it just for the first week. Now that was one thing, no big deal I thought, it can be fixed.

In the 9 days I have worked 62 hours which isn't a lot for most, but with college it was a lot of time that I needed for study. Again, I said ok, it will be worth it in the long run.

The real issue is that we aren't allowed take breaks. Most nights I work seven or eight hours and that includes waiting tables, doing wash up and other tasks as they don't fully staff during the week.

We have tried explaining that not taking breaks is illegal, but the managers answer was ' That is Irish law but it isn't our law' (They aren't Irish, which is wholly irrelevant except for this comment)

I worked ten hours today and after about five hrs into the shift I asked for a break to sit down. He said yeah you can have a break but you better be back in ten mins. Ok, better than nothing, so I did. Then when it came to me going home he said no you have to stay till closing (another three hours) I flat out said I couldn't do it and he got angry. He yelled that ' who was going to do things when I was gone' I said there are four other staff here surely someone can do it... Bear in mind we hadn't had a customer in three hours at this point.

Another girl that had done nine hours asked for five mins to eat some lunch, his response was literally, word for word, 'why, you're already big enough'

Obviously she was hurt but she then didn't take the break.

One guy offered to to extra hours as he needed the money and the manager said no because ' Irish people only want girls serving them' so any make staff are not allowed serve tables directly.

This sounds so dramatic but I honestly cannot stress how accurate it is.

I don't even know how this can be resolved, I am honestly so desperate for a job. I just feel upset right now and need to vent... It's so wrong. 90% of the staff are under 18 and it's their first job, so I can imagine it's hard for them too.

I just feel hopeless. I tried so hard to get a job and have worked sooo hard since starting and I just feel like maybe if I didn't work as hard I wouldn't be punished for it and get stuck with everything. Because I have done well he now comes to me for everything. If I answer the phone and a customer walks in while I'm speaking on the phone, he will literally come over and tap me and talk until the call is over. Even some customers have commented on it.

As there is no kitchen porter on weeknights I was in washup for three hours, which I honestly dont mind doing, but when it was done he then shouted at me for not answering the phone in that time. There were three other staff there.

Just dunno what to do. I cannot quit, I am looking for another job but it was so hard to find one that now I know it will go against me if I mention this job and looking to leave so soon yet it's so hard to find time to have an interview aswell.

Just fed up.

Thanks

You have rights.
Tell them that you will have to take your breaks and that if they do not like the law they should not have a business here. Its' not worth the hassle. if they threaten to fire you, or fire you tell them you will contact the relevant authorities and then DO SO.

LegacyUser

BrianBoru00 wrote: »

You have rights.
Tell them that you will have to take your breaks and that if they do not like the law they should not have a business here. Its' not worth the hassle. if they threaten to fire you, or fire you tell them you will contact the relevant authorities and then DO SO.

Hi I am not due to be paid until Friday so unsure about that. I'm a mature student so its not like its my first job its just been hard to find one till this. Ive been there such a short time I think it will look bad on my CV now so would rather leave it off looking for a new job.

I've tried to take break or ask a million times and I just get shouted at. Then cos no one else will stand up to them I'm singled out and they say if everyone else can do it why can't I.

They looked over CCTV and found a girl sit down for five mins and brought it up in front of everyone calling her lazy which was humiliating for her.

I am dreading going back in cos it's just hard sorry to whine but carrying trays up a flight of stairs for each table and washing up and everything else for nine hours without a break is exhausting mentally and physically. I just feel helpless. I read online even if I reported it could take months to be investigated so what's the point

If a customer gives tips directly we can keep it but if they give tips at the till at the end they keep them

I feel defeated I was so happy to get a job.. The reason I wasn't working over the last year was due to illness which is thankfully not an issue anymore. I worked so hard to go to college and not it feels like I can barely concentrate each morning

Diziet

The OP has rights, but the employer can dismiss them without a reason in the first year...

Stheno

myfeethurt wrote: »

Hi I am not due to be paid until Friday so unsure about that. I'm a mature student so its not like its my first job its just been hard to find one till this. Ive been there such a short time I think it will look bad on my CV now so would rather leave it off looking for a new job.

I've tried to take break or ask a million times and I just get shouted at. Then cos no one else will stand up to them I'm singled out and they say if everyone else can do it why can't I.

They looked over CCTV and found a girl sit down for five mins and brought it up in front of everyone calling her lazy which was humiliating for her.

I am dreading going back in cos it's just hard sorry to whine but carrying trays up a flight of stairs for each table and washing up and everything else for nine hours without a break is exhausting mentally and physically. I just feel helpless. I read online even if I reported it could take months to be investigated so what's the point

If a customer gives tips directly we can keep it but if they give tips at the till at the end they keep them

I feel defeated I was so happy to get a job.. The reason I wasn't working over the last year was due to illness which is thankfully not an issue anymore. I worked so hard to go to college and not it feels like I can barely concentrate each morning

Are you paying tax or is it a cash in hand job?

LegacyUser

Yes, paying tax

the_pen_turner

the problem is that you are asking for your break. don't ask. tell them
say I'm due a break will I take it now or in a few minutes. don't let them walk all over you.
the worst they can do is fire you

LegacyUser

Its not even getting fired I'm afraid of although that would be terrible its the humiliation and shouting that ensues... I've tried to just go take a break but they come find me and give out until I go back. I'm so exhausted and I just feel like crying all the time. I don't mind working long hours I have done it before but with no break at all and just **** treatment, I find when I do have an hour or two to get assignments done I'm just too tired to even think about it.

miketheDIYman

I agree with one of the other posters - get yourself another similar job, now that you have some experience and you picked it up so quickly, you sound like a good worker and have lots of initiative, I would hire you ( if I had a job offer ) Don't stay there and continue to be exploited, your worth will be recognized in another restaurant and hopefully with a more respectful employer - I do hope you succeed - I am sending you lots of KARMA

tayto lover

Some of these people want slaves.
Keep looking for another job with better / more suitable hours.
That one will effect your study.

Slutmonkey57b

Your employer is a bully and a lawbreaker. They're relying on young, inexperienced and desperate staff not to report them.

What you do is very simple;
1. Look for a new job.
2. While you do, document after every shift what hours and type of work you did. Any incidents or comment like the above you can remember, put them down. You don't have to write essays here, don't worry.
3. When you get the new job, or have had enough to quit, report them and use your documentation.

What these people are describing is nothing to do with restaurant culture, though long hours and mucking in is part and parcel of it, this is abuse.

Del2005

Diziet wrote: »

The OP has rights, but the employer can dismiss them without a reason in the first year...

There's some protection. The employer can fire for no reason but if the OP has proof of non compliance with our laws the employer will be on trouble.

Unfortunately though it just sounds like some foreign employers in the catering industry are copying what Irish employers have been doing for years, there's a reason why they are struggling to get staff for an industry which is built on abusing staff.

LegacyUser

I feel like I cant even use the experience now, I have worked in food service before but not waitressing. Now I know it is something I would be good at but I can't possibly put it on my CV because leaving so soon after just getting a job would look terrible and go against me

I am still looking for a job and I will record the things as someone suggested.

It just makes me so angry that people think it's ok to do this... The problem is when I speak out, others who actually hate it will stay quiet and then it's like 'Well no one else minds so why do you'

Even though in private the other employees are so miserable aswell.

It's the principal that this is totally illegal and totally unfair Even some of the customers have commented on how bad we are treated, like that surely has to be bad for business.

Tjhanks for all your replies..

LegacyUser

miketheDIYman wrote: »

I agree with one of the other posters - get yourself another similar job, now that you have some experience and you picked it up so quickly, you sound like a good worker and have lots of initiative, I would hire you ( if I had a job offer ) Don't stay there and continue to be exploited, your worth will be recognized in another restaurant and hopefully with a more respectful employer - I do hope you succeed - I am sending you lots of KARMA

Thank you so much, that's really kind. I know I am a good worker because he has told me so every single day. Which is lovely and all, but he uses it as justification for anything. One girl offered to cover me for half hour to take a break and he said plainly in front of us both that she doesn't do as good a job as me so no. I felt so horrible for her. It makes me wonder why bother doing good work if it just means you get taken advantage of

LegacyUser

Ok so I was due back in tonight and I woke up and went to college and literally cried at the thought of going in.

Is it extremely bad to quit without a week notice? I've only been there over a week and it isn't something I would EVER dream of doing but I just feel so panicked and upset over going in even one more day.

As I said I wouldn't ever do this but if they aren't willing to be legal why should I?

Or is that so immature

Money wise I wasn't on SW in the first place as my partner earns too much so that part isn't an issue.

I have suffered so bad with anxiety disorder in the past and haven't suffered in a long time thankfully due to medication and counselling etc, but today I feel like I am on the verge of an episiode and I just cannot justify doing this to myself again I have worked so hard to get life back to normal a few years ago..

Sorry if this is so bad, please don't judge me

miketheDIYman

Get out of there NOW its not worth it if its affecting your mental health - no one is judging you - we have all been at a low and its very difficult to pull yourself back up and this lousy employer is not worth it, you have spent very little time in this job, just erase it from your CV and carry on looking for another job, its clear you have the ability and know how just be brave and take the obvious step forward, you know in your heart its what you would advise a friend if she were in your shoes - so help yourself, you deserve better - I'm sending you even more KARMA now to get you on your way

jimmycrackcorm

myfeethurt wrote:

Is it extremely bad to quit without a week notice? I've only been there over a week and it isn't something I would EVER dream of doing but I just feel so panicked and upset over going in even one more day.

As long as you are paid up to date then just go. If you have to wait till the end of the week to get paid then just stick it out until then and don't bother going back let alone give notice.

They don't deserve to have you give them notice or benefit from you having worked days for free.

Forget them for a reference, your boss sounds like the type of guy who would just spite you anyway. You will get another job, just keep looking.

Charles Babbage

BrianBoru00 wrote: »

You have rights.
Tell them that you will have to take your breaks and that if they do not like the law they should not have a business here. Its' not worth the hassle. if they threaten to fire you, or fire you tell them you will contact the relevant authorities and then DO SO.

I would suggest putting your phone on record while having this conversation.

miamee

myfeethurt wrote: »

Ok so I was due back in tonight and I woke up and went to college and literally cried at the thought of going in.

Is it extremely bad to quit without a week notice? I've only been there over a week and it isn't something I would EVER dream of doing but I just feel so panicked and upset over going in even one more day.

As I said I wouldn't ever do this but if they aren't willing to be legal why should I?

Or is that so immature

Money wise I wasn't on SW in the first place as my partner earns too much so that part isn't an issue.

I have suffered so bad with anxiety disorder in the past and haven't suffered in a long time thankfully due to medication and counselling etc, but today I feel like I am on the verge of an episiode and I just cannot justify doing this to myself again I have worked so hard to get life back to normal a few years ago..

Sorry if this is so bad, please don't judge me

having gotten yourself well enough to apply for and get a place in college, go back to college and get a part time job, don't let this unscrupulous employer drag you back to being ill. No job, full or part time is worth that. I assume the only reason you took the job is that you needed some money and the hours appeared to suit you. They no longer suit you so time to move on. Don't feel guilty, this guy will squeeze as many shifts out of you as he can to suit himself but he doesn't care about your health or your college work suffering as a consequence.

Diziet

Gosh, just resign! There is nothing they can do to you.

LegacyUser

Ok, so today, I grew a pair and quit.

I feel immensely better and so relieved

The only response I got what was please reconsider and please let me know if you change your mind in the next few days. I said no.

Thanks everyone for your advice, I really appreciate it!

Diziet

Excellent, well done!

miketheDIYman

Yes - well done and I hope your feet have stopped hurting

thomas 123

Slutmonkey57b wrote: »

Your employer is a bully and a lawbreaker. They're relying on young, inexperienced and desperate staff not to report them.

What you do is very simple;
1. Look for a new job.
2. While you do, document after every shift what hours and type of work you did. Any incidents or comment like the above you can remember, put them down. You don't have to write essays here, don't worry.
3. When you get the new job, or have had enough to quit, report them and use your documentation.

What these people are describing is nothing to do with restaurant culture, though long hours and mucking in is part and parcel of it, this is abuse.

Having worked in this industry for 4 years while in college I cannot agree with the above enough. The service sector treats people like dirt in most cases and they know this.

I ended up leaving college over work hours (I moved out of home thinking i could sustain it boy was I wrong...)

One thing that i might add to the good advice thus far is there is more out there than hotels & restaurants, you are not thick. When I was in your position I thought that was all that was there for me. Its a tough gig even when you are treated right.

Id say look for a new job on the sly. Give them the two fingers on your way out. Report to relevant authorities or Name and shame them on social media etc. whichever you will get more personal satisfaction out of.

**EDIT**
Totally missed that you left (You did not quit!!).Good on you!

YellowSheep

Where are you based? Sent me your CV via PM. We are always looking for part time members of staff and its a good company to work for. Regards Oliver

MSVforever

Well done OP!
You ll find something better for sure.

Please PM me the name of this restaurant or at least the rough location of it.
I want to make sure that I don't spend a single cent in there accidentally.

Thanks and all the best for your job search.

the_syco

myfeethurt wrote: »

Just dunno what to do. I cannot quit, I am looking for another job but it was so hard to find one that now I know it will go against me if I mention this job and looking to leave so soon yet it's so hard to find time to have an interview aswell.

You have experience.
Also, I'd say a few of the places will know about your place.

When you get the new job, consider leaving your current job the next day or so :P

CeilingFly

As a help to current and future staff, can you make a complaint to the WRC about the company.

They will investigate and look for records and they are very thorough.

Its one of the better gov organisations.

Staff Inc part-time are also entitled to contracts, holiday pay and bank holiday pay.

LegacyUser

Yellowsheep, that is so sweet, thank you.

I am in the south east, I'd rather not say the company name but I am definitely reporting.

Thanks so much for all the support, I got a job offer today and of course am taking it!

Thanks everyone.