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Working 11 hours shift and 13 hour so called rest

  • 20-03-2024 7:03pm
    #1
    Registered Users, Registered Users 2 Posts: 80 ✭✭


    Hi All.

    Apologies for a long text.

    According to legalguide.ie

    "An employee is entitled to a weekly rest period of at least 24 hours, every 7 days. This 24-hour period must be preceded by at least an 11-hour daily rest period."

    Can someone please define the meaning of the term used in the following quote:

    "...24-hour period must be preceded by at least an 11-hour daily rest period."

    Precisely, the 11-hour daily rest period is unclear to me.

    I mean, considering the employer's responsibility for the employee's travel to and from work, time spent traveling should not be considered as a resting period, especially when one travels over an hour each way. Like, I don't think anyone can consider navigating through town during rush hour, switching buses, and waiting for one to arrive as a restful or stress-free activity, especially after an 11-hour shift.

    You see, if it only takes 10 minutes to get home, then yeah, all is well and good. But a guy I know, works as a security officer in one of the firms in Ireland. And they're not sitting in the cabin all day either; he works in a busy hospital. It's a very challenging environment with a lot of stressful situations. Working 11 hours a day, 5, and often 6, days in a row does have a negative impact not only on his personal well-being but also on his performance, as it can cause a loss of concentration, clarity of thinking, and poor decision-making. Even guards are working 11-hour shifts and get 4 days off. There must be some regulation I am sure, I just can't seem to find.



Comments

  • Registered Users, Registered Users 2 Posts: 166 ✭✭bobbyD1978


    Why is it the companies issue where you chose to live? Move closer would be the answer to that.


    FYI SOME gardai work 12 hour shifts and some work 10. They also have one of the highest average working week in the country as the have mandatory overtime as so prison officers. The average garda would breach the 48 hour maximum working week.


    In regards the 11 hours. It's added to the 24. The 11 is the daily minimum and the 24 the weekly so you should get 36 hours after working 7 days in a row.


    Plenty of companies out there blatantly ignoring the 1997 act however.



  • Registered Users, Registered Users 2 Posts: 10,907 ✭✭✭✭28064212


    @b.e.s.s., see: https://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/print

    “rest period” means any time that is not working time;

    ...

    “working time” means any time that the employee is—

    (a) at his or her place of work or at his or her employer's disposal, and

    (b) carrying on or performing the activities or duties of his or her work,

    and “work” shall be construed accordingly

    Commute time is included in the definition of rest for these purposes - it is rest from work, not rest from life. A person who has a ten minute commute, but gets home to three toddlers, two dependent parents, and a cat isn't going to be resting either, but the regulation doesn't cover that either.

    There must be some regulation I am sure, I just can't seem to find

    But you have found it. They're entitled to an 11 hours rest period daily, and a 24 hours rest period weekly (which is effectively 35 hours, as it must be preceded by the daily one).

    You do say he's working 11 hours a day 5 or 6 times a week? That does sound illegal - the maximum average working week is 48 hours: https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/hours-of-work/working-hours/

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  • Registered Users, Registered Users 2 Posts: 80 ✭✭b.e.s.s.


    Thank you for your reply. Having the choice of where to live and work is a luxury for some. That individual has no military or special training aside from the basic security license level. The reason I mentioned gards is because I recently had a conversation with one of them. He indeed also mentioned mandatory overtime, but my point wasn't about guards; rather, it was about the 11 hours of rest required by law. If they mean that the job ends the minute the shift is over, it's concerning as they often require to be on site prior to the shift beginning. The area of concern is quite broad and needs adjustments. Tell me if I'm wrong, and there's no difference between highly paid jobs with their perks and simple security personnel. I understand it's the bottom of the pyramid, and if he wants, he can pursue higher paid positions, but he is a simple guy with no ambitions but a good heart, loving helping society. Why can't their hard work be appreciated? Wouldn't it make sense?



  • Registered Users, Registered Users 2 Posts: 10,907 ✭✭✭✭28064212


    How do you know it hasn't been adjusted? Maybe the initial draft said a minimum ten hour rest period, but someone said commuters need more time, so they adjusted it to eleven hours.

    If you want the law changed, by all means start a campaign. But the actual law is currently what it is

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  • Moderators, Business & Finance Moderators Posts: 10,611 Mod ✭✭✭✭Jim2007


    So what are you expecting the individual to do on their 11 hour break? Travel home, go straight to bed and rest for 11 hours? No going out for a jog, do the shopping, meet up with friends for a drink, visit relatives....

    Your expectations are unrealistic.



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