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11 hour rest period

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  • 12-12-2020 1:01am
    #1
    Cillian0
    Registered Users Posts: 7 ✭


    I have a question regarding the 11 hour rest period,

    My employer proclaims that this only applies to a "working week" Monday-Sunday inclusive, So if I finish on a Sunday and am back in work in less than 11 hours on Monday they say that the 11 hour rest period only applies for the "working week" and so they arnt in breach of the 11 hour rest period. Is this correct or does the 11 hour rest period apply to any period of 24 hours?

    Additionally if I am rostered to work to X time and am due back in work in exactly 11 hours, but we usually have to do other things after the time I am meant to be finished this means it's eating into my 11 hour rest period, when this happens my employer makes/pressures us fill in a miss-clock form when we start the next morning so our start time is not officially recorded on the system. Surly this is a breach of the 11 hour rest period set out in the Organisation of Working Time Act 1997.


    Any advice on this would be appreciated.


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    #2
    Car99
    Registered Users Posts: 2,530 ✭✭✭Car99


    Cillian0 wrote: »
    I have a question regarding the 11 hour rest period,

    My employer proclaims that this only applies to a "working week" Monday-Sunday inclusive, So if I finish on a Sunday and am back in work in less than 11 hours on Monday they say that the 11 hour rest period only applies for the "working week" and so they arnt in breach of the 11 hour rest period. Is this correct or does the 11 hour rest period apply to any period of 24 hours?

    Additionally if I am rostered to work to X time and am due back in work in exactly 11 hours, but we usually have to do other things after the time I am meant to be finished this means it's eating into my 11 hour rest period, when this happens my employer makes/pressures us fill in a miss-clock form when we start the next morning so our start time is not officially recorded on the system. Surly this is a breach of the 11 hour rest period set out in the Organisation of Working Time Act 1997.


    Any advice on this would be appreciated.

    The rest periods set out in the Organisation of Working Time Act 1997 are as follows: You are entitled to 11 consecutive hours rest in any period of 24 hours. 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 mentioned above


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    #3
    dennyk
    Registered Users Posts: 1,660 ✭✭✭dennyk


    The law is very clear:
    An employee shall be entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which he or she works for his or her employer.
    Cillian0 wrote: »
    Additionally if I am rostered to work to X time and am due back in work in exactly 11 hours, but we usually have to do other things after the time I am meant to be finished this means it's eating into my 11 hour rest period, when this happens my employer makes/pressures us fill in a miss-clock form when we start the next morning so our start time is not officially recorded on the system. Surly this is a breach of the 11 hour rest period set out in the Organisation of Working Time Act 1997.

    Yes, it definitely is, and your employer clearly knows this if they are messing about with your time records to hide it.

    You can contact the WRC to file a complaint or get advice on your situation.


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    #4
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    Cillian0 wrote: »
    My employer proclaims that this only applies to a "working week" Monday-Sunday inclusive, So if I finish on a Sunday and am back in work in less than 11 hours on Monday they say that the 11 hour rest period only applies for the "working week" and so they arnt in breach of the 11 hour rest period. Is this correct or does the 11 hour rest period apply to any period of 24 hours?

    Your employer is an absolute clown.

    Obviously the spirit of the law is give people 11 hours off before having to work the next day.

    What sort of clown thinks the law resets at midnight on Sunday and all bets are off.

    Cillian0 wrote: »
    Additionally if I am rostered to work to X time and am due back in work in exactly 11 hours, but we usually have to do other things after the time I am meant to be finished this means it's eating into my 11 hour rest period, when this happens my employer makes/pressures us fill in a miss-clock form when we start the next morning so our start time is not officially recorded on the system. Surly this is a breach of the 11 hour rest period set out in the Organisation of Working Time Act 1997.

    You don't finish work until you leave and are going home.

    If they are forcing you to continue working after you finish work, you aren't finished work.

    Sorry to hear you work for such terrible people.


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    #5
    Tzardine
    Registered Users Posts: 3,884 ✭✭✭Tzardine


    Your boss sounds like an asshat I am afraid.

    I will say however, that I believe not getting the full 11 hours every now and then is ok. Sometimes things come up out of the blue and people will facilitate this. I have certainly done so in the past, and would do so again if needed.

    Obviously it is not something that should be tolerated on a regular basis - but I see no issue having to work late and be back in early every now and then. Yes the legislation is there, but in the real world this is what happens.

    So if you are only getting 10 hours between shifts once in a blue moon, and they are a fair employer in general, then help out if possible. Obviously at the other end of the scale, only getting something ridiculous like 4 hours between shifts would not be acceptable.

    I suspect a lot of people wont agree here, but thats what is happening in the real world.


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    #6
    Tell me how
    Registered Users Posts: 21,520 ✭✭✭✭Tell me how


    Make sure you are getting paid for every hour you are doing and are not missing out on anything that should be considered overtime if there is funny business going on regarding clock in times or finishing times.


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    #7
    Minime2.5
    Registered Users Posts: 1,109 ✭✭✭Minime2.5


    I'm having a similar issue with my employer. I work 7am-7pm 4 days on and then 4 days off. Every second rotation the nights are covered from 7pm to 7am on an on call basis. So basically after having worked 12 hours we are immediately on call from 7pm-7am. Since transitioning to this 12/7 shift whenever we have been called in everyone has been taking 11hrs rest before you come back on site so for example if you worked from 7am-7pm and were called in at 9pm and left at 11pm then you wouldn't start the next day until 10am however my supervisor is trying to argue if the callout is between 7pm and 11pm that we are only entitled to 8 hours offsite even though we are already after working 12 hours that day and so should be back in work next day at 7am. The policy does state 8 hours alright but as far as I'm concerned it was written for the old 2 cycle shift sinve every other department who is on call on site works shift . 7am-3pm and 3pm to 11pm. The early shift would be the rotation on call but they would finish at 3pm and wouldn't be on call until 11pm . There is an 8 hour break in between. As far as I'm concerned working 7am-7pm and then being on call from 7pm-7am and then being only allowed an 8 hour period is a breach of our employee rights. Would appreciate feedback?


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