30 Minute Lunch break!!

smidgy

Is it illegal for a company to offer just one 30 minute break during the day. Does anyone know if this is so? I thought you were entitled to 2* 15 minute breaks as well??

whiskeyman

depends how long ur working day is.
Here's some info for ya:

Hours of Work

The European Community “Working Time” directive has been brought into Irish law and provides the following:

Daily rest - 11 consecutive hours daily.

Breaks – the employee to be allowed 15 minutes before 4.5 hours have been worked.

An employee can work up to 6 hours continuously provided that there is a break of at least 30 minutes within those 6 hours (to include the above 15 minutes).

Weekly Rest - in each seven days, 24 consecutive hours (to immediately follow the eleven consecutive hours of daily rest, i.e. 35 hours).

Alternatively, over a total of fourteen days an employee should be provided with 48 consecutive hours, again following on the 11 hours of daily rest, giving a total of 59 hours.

There is a further provision that the day of weekly rest shall, unless provided otherwise in the employee's contract, be on a Sunday.

Sunday work - If required to work on a Sunday, there are provisions requiring particular compensation to employees.

Night work - Night work is stated to be the period between midnight and 7.00 a.m. To be classified as a “night worker”, the employee must normally be required to work at least three hours during those hours, and in a year the employee must work 50% of their time during those hours. Put very generally, night workers are not to work more than eight hours.

Maximum working week - 48 hours, averaged over a period of 4 months. This reference period is not to include the minimum statutory annual holiday, or absences under maternity or adoptive leave legislation or sick leave. The averaging period can be increased to six months in particular circumstances or to as much of twelve months (but only where a Collective Agreement is reached between the employer and representatives of employees on behalf of the employees, i.e. trade unions). In certain specific circumstances, and for a limited period of time, employers may be able to benefit from extended hours.

idontknowmyname

I worked in a posh bag shop off grafton st over Xmas and I everyone only gets 30 mins lunch even when they're working 9-6. Every place I've ever worked for gave me the proper hour but when a shop is so small and with only 3 staff, you cant really be taking an hour, its too busy. It annoyed me sometimes but I loved the job and knew we were rushed off out feet so didnt really mind the rest of the time.

eclectichoney

maybe you got paid for your lunch break though? if you get an hour lunch, chances are you don't get paid for it.......like me

RicardoSmith

Fake smoking. Then you get loads of breaks...

WhiteWashMan

whiskeyman wrote:

depends how long ur working day is.
Here's some info for ya:

Hours of Work

The European Community “Working Time” directive has been brought into Irish law and provides the following:

Daily rest - 11 consecutive hours daily.

Breaks – the employee to be allowed 15 minutes before 4.5 hours have been worked.

An employee can work up to 6 hours continuously provided that there is a break of at least 30 minutes within those 6 hours (to include the above 15 minutes).

Weekly Rest - in each seven days, 24 consecutive hours (to immediately follow the eleven consecutive hours of daily rest, i.e. 35 hours).

Alternatively, over a total of fourteen days an employee should be provided with 48 consecutive hours, again following on the 11 hours of daily rest, giving a total of 59 hours.

There is a further provision that the day of weekly rest shall, unless provided otherwise in the employee's contract, be on a Sunday.

Sunday work - If required to work on a Sunday, there are provisions requiring particular compensation to employees.

Night work - Night work is stated to be the period between midnight and 7.00 a.m. To be classified as a “night worker”, the employee must normally be required to work at least three hours during those hours, and in a year the employee must work 50% of their time during those hours. Put very generally, night workers are not to work more than eight hours.

Maximum working week - 48 hours, averaged over a period of 4 months. This reference period is not to include the minimum statutory annual holiday, or absences under maternity or adoptive leave legislation or sick leave. The averaging period can be increased to six months in particular circumstances or to as much of twelve months (but only where a Collective Agreement is reached between the employer and representatives of employees on behalf of the employees, i.e. trade unions). In certain specific circumstances, and for a limited period of time, employers may be able to benefit from extended hours.

while this is true, you can also sign these rights away in your contract, so be careful.

Our man in Havana

WhiteWashMan wrote:

while this is true, you can also sign these rights away in your contract, so be careful.

AFAIK you cannot sign away your statutory rights, ie you cannot contract outside the law.

leeroybrown

Many companies operate with a 30 minute lunch break. I've worked for two, with a 15 minute tea break (11'ish) and a 30 minute lunch (1'ish).

You can't sign away your statutory rights but you can sign to take your breaks in a way that suits the company. Also, there is no legal entitlement to be paid during these statutory breaks.

WhiteWashMan

Bond-007 wrote:

AFAIK you cannot sign away your statutory rights, ie you cannot contract outside the law.

oh indeed you can.

you can specifically sign away your right to only work to the european directive that you can only work an average 48 hours a week etc.

i am not aware that thats a statutory right, but i really dont know enough about the links beween statutory rights and directives.

dub45

WhiteWashMan wrote:

oh indeed you can.

you can specifically sign away your right to only work to the european directive that you can only work an average 48 hours a week etc.

i am not aware that thats a statutory right, but i really dont know enough about the links beween statutory rights and directives.

No you cannot sign away your rights. The european directive has been brought into Irish Law as the Organisation of Working Time Act, 1997 and while the directive provided for an individual opt out this was not an option taken up when the OWT act was brought in here. Whereas in England afaik there is an individual opt out.

There is a provision within the act for various terms to be varied subject to a collective agreement in the workplace.

And further to a couple of points raised above;

After 6 hours work you are entitled to a 30 minute break (which does not have to be paid) There is no prorata entitlement in the act.

After 4.5 hours you are entitled to a 15 minute break which may be incorporated into the 30 min break (in other words you are not entitled to both) there is nothing to stop an employer improving on these minimum entitlements.

RicardoSmith

I'm on flexitime and have to take a 30min break during a 7 hour day.

WhiteWashMan

dub45 wrote:

No you cannot sign away your rights. The european directive has been brought into Irish Law as the Organisation of Working Time Act, 1997 and while the directive provided for an individual opt out this was not an option taken up when the OWT act was brought in here. Whereas in England afaik there is an individual opt out.

now *that* is kinda weird, considering i signed mine away in 2 jobs in ireland.

dub45

WhiteWashMan wrote:

now *that* is kinda weird, considering i signed mine away in 2 jobs in ireland.

Give us some more details - what exactly did you sign away?

pickarooney

Never got more than a 30-minute break in Holland. They consider that long enough to eat their cake-decorations-on-a-slice-of-white-bread that they call lunch, I suppose.

galwaydude

i work a 12 hour shift in our office and we get 1 hr and 45 minute break in total. 15 minutes in the morning an hour for luch and then 15 mins in the evening and finally for the last 3 hours we get another 15 minute break.Not bad though.Also our company dont pay for the hour break so your better of in taking it than taking calls from customers.

fozzle

I do 8.30am to 5.00pm with a half hour off for lunch - there's no point in having longer as we're 13 miles from the nearest town - we have a canteen. They're pretty lenient about people taking short tea breaks during the day though, and tea and coffee are provided for free.

JB123

I work twelve hour shifts 4 days on 4 days off.Company dosn't realy bother enforcing breaks as long as all work is done (within reason).We get payed for breaks and as im the boss on the shift i take what ever i feel like depending on how busy it is.

LFCFan

JB123 wrote:

Company dosn't realy bother enforcing breaks as long as all work is done (within reason).

It should be like this everywhere. It equates to a much nicer working environment and give the impression that the management/owners show their employees some respect. I've ofter taken 1 to 2 hour lunch breaks (when we're only entitled to 30 mins) but as long as I get my work done, nothing is said. Working here 5 years and never once have I been brought up about my timekeeping. Of course, if my work started to slide, I'd expect a backlash if I was taking 2 hour lunch breaks.

RicardoSmith

Depends on the work you do really.

LFCFan

true, but like I said, if your breaks aren't affecting your work, your employer should let you get on with it.

RicardoSmith

LFCFan wrote:

true, but like I said, if your breaks aren't affecting your work, your employer should let you get on with it.

If you can take more breaks and get your work done, you're not getting enough work to do in the first place...

LFCFan

RicardoSmith wrote:

If you can take more breaks and get your work done, you're not getting enough work to do in the first place...

screw that logic! I take the 'if I'm finished my work, look busy' approach

RicardoSmith

LFCFan wrote:

screw that logic! I take the 'if I'm finished my work, look busy' approach

I guess you have to ask yourself if you had your own business, and you had employee A who only did X amount of work no more, and employee B who did their work, and if not busy, did more again using their own initiative. Which would you be happiest with?

LFCFan

RicardoSmith wrote:

I guess you have to ask yourself if you had your own business, and you had employee A who only did X amount of work no more, and employee B who did their work, and if not busy, did more again using their own initiative. Which would you be happiest with?

I suppose it also depends on the type of work you do. Project based work leaves very little do do outside of your own tasks, short of taking on work you're not either 1, qualified for, or 2, allowed to do. To take on extra work you also have to be in a job you like and have a boss that shows you some respect and appreciation.

RicardoSmith

LFCFan wrote:

I suppose it also depends on the type of work you do. Project based work leaves very little do do outside of your own tasks, short of taking on work you're not either 1, qualified for, or 2, allowed to do. To take on extra work you also have to be in a job you like and have a boss that shows you some respect and appreciation.

Mismanaged project work, maybe...

LFCFan

RicardoSmith wrote:

Mismanaged project work, maybe...

Mismanagement seems to be commonplace in this country :rolleyes:

RicardoSmith

LFCFan wrote:

Mismanagement seems to be commonplace in this country :rolleyes:

Sadly very true