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Don't want an 11 hour break between shifts

  • 24-11-2019 10:23am
    #1
    Registered Users, Registered Users 2 Posts: 27


    So the directive is that an employee gets a break of 11 hours between shifts - well that is not working for me. Can I elect not to take the 11 hour break?

    I am sometimes asked to come back into work around 11pm and work for a few hours. If I work until say 2am - I cannot come back into work the next day until 1pm. I have to leave at 5:00pm (pick up at afterschool). Result is that I will be short in my total hours for the week.

    So can I elect not to take the 11 hour break and come in earlier in the day ensuring that I have a full weeks work done.

    Thanks for any comments from anyone who has experienced same.


Comments

  • Registered Users, Registered Users 2 Posts: 9,604 ✭✭✭irishgeo


    bogfire wrote: »
    So the directive is that an employee gets a break of 11 hours between shifts - well that is not working for me. Can I elect not to take the 11 hour break?

    I am sometimes asked to come back into work around 11pm and work for a few hours. If I work until say 2am - I cannot come back into work the next day until 1pm. I have to leave at 5:00pm (pick up at afterschool). Result is that I will be short in my total hours for the week.

    So can I elect not to take the 11 hour break and come in earlier in the day ensuring that I have a full weeks work done.

    Thanks for any comments from anyone who has experienced same.

    I doubt the company will let you. They would be breaking the law.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    You need to sort out the work hours instead of losing time off. Can you do the job in a single 8 hour shift instead of 2 or more shifts spread across the day. Instead of going in at 11 for a few hours then going back a few hours later can you go in at 4 and work though.


  • Registered Users, Registered Users 2 Posts: 27 bogfire


    Thanks for your replies, obviously will consider other ways of adjusting the hours if can't find a way around the rule. - the way it's written - it's " I am entitled to an 11 hour break" - but do I have to, by law, avail of those entitlements.


  • Registered Users, Registered Users 2 Posts: 18,721 ✭✭✭✭_Brian


    I think there is a clause that allows for special negotiations for short time frames.

    Truth is though companies are too concerned about any specific accident happening and a very dim view would be taken.

    I remember a contractor died from a heart attack on a site I was on, there was huge pressure to get the extension operational. His credentials were checked and he’d been on site 26hours. Allot of people took flack over that.


  • Registered Users, Registered Users 2 Posts: 6,148 ✭✭✭Princess Calla


    _Brian wrote: »
    I think there is a clause that allows for special negotiations for short time frames.

    Truth is though companies are too concerned about any specific accident happening and a very dim view would be taken.

    I remember a contractor died from a heart attack on a site I was on, there was huge pressure to get the extension operational. His credentials were checked and he’d been on site 26hours. Allot of people took flack over that.

    I'll probably get some flack for this one... I appreciate that the guy paid the ultimate price, but at what point does personal responsibility kick in? I appreciate the pressure of deadlines, I will also admit I don't have that work ethic... I'm very much aware I'm just a number to my employer.
    Horrible thing to happen to a colleague though :(


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  • Registered Users, Registered Users 2 Posts: 18,721 ✭✭✭✭_Brian


    I'll probably get some flack for this one... I appreciate that the guy paid the ultimate price, but at what point does personal responsibility kick in? I appreciate the pressure of deadlines, I will also admit I don't have that work ethic... I'm very much aware I'm just a number to my employer.
    Horrible thing to happen to a colleague though :(

    Small contractor subd in under bigger contractor when things hadn’t gone well. Was under massive pressure to get project delivered and his team were running behind.


  • Registered Users, Registered Users 2 Posts: 427 ✭✭the14thwarrior


    your employer doesn't want to break the law or make special considerations for you when the special considerations are to benefit you only.

    i don't know your employer but they may have their own reasons and they may be based on responsibility, concern for work fatigue which are actually reasonable but they don't suit you. If they do it for you, they have to do it for everyone etc.

    they are not being unreasonable.
    unfortunately it just does not suit you?


  • Registered Users, Registered Users 2 Posts: 15,006 ✭✭✭✭callaway92


    I'll probably get some flack for this one... I appreciate that the guy paid the ultimate price, but at what point does personal responsibility kick in? I appreciate the pressure of deadlines, I will also admit I don't have that work ethic... I'm very much aware I'm just a number to my employer.
    Horrible thing to happen to a colleague though :(

    If you knew the construction industry you’d understand why he didn’t take ‘personal responsibility’ into it


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    bogfire wrote: »
    So can I elect not to take the 11 hour break and come in earlier in the day ensuring that I have a full weeks work done.
    Opens the employer up to a lawsuit further down the line, so I doubt they'd go for it. Are you doing it because of deadlines, or because you want to work more?


  • Registered Users, Registered Users 2 Posts: 26,215 ✭✭✭✭Strumms


    Opens an employer to a lawsuit and potentially your colleagues from being able to enjoy good health and a stress free week when you because of your ‘want’ decide to open up the possibility of less than legal breaks between shifts.... for ALL your colleagues who have been able to enjoy this up to now....if you don’t like the roster find somewhere that WILL exceed to your demands... where these types of shifts are viewed as acceptable... fûcking around with colleagues to suit your own whims hmmmm...


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  • Registered Users, Registered Users 2 Posts: 927 ✭✭✭BuboBubo


    It's the law here in Ireland. Most companies don't want to risk breaking the law.

    As a shift worker I'm glad this law was intoduced.


  • Closed Accounts Posts: 949 ✭✭✭Woodsie1


    Look up reduced daily rest period.


  • Registered Users, Registered Users 2 Posts: 1,298 ✭✭✭Snotty


    There was ways around the 11 hours, we used to offer staff to finish at 11pm and start again at 7am next morning, it was only ever twice a week and I think we had to offer the staff the option to sleep in accommodation at or near the workplace rather than driving home and back, they could refuse the accommodation but that was their choice.
    Im nearly sure the employer was legal covered with that.
    Of course it was the staff who wanted to do these shifts, they would finish at 3pm on their last day be off for 2 days and not start work again to 3pm on the 3rd day.


  • Registered Users, Registered Users 2 Posts: 20,558 ✭✭✭✭dreamers75


    Are you "on call" ?

    Why are you being asked to come back in and not being well compsensated for it?

    We pay a lump sum per month for on call and OT when called.


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