Greedy employer who runs cafe not giving employee breaks

steve_oh

I'd like advice on this. My girl friend works in a cafe. The guys who owns it is a greedy little rat. Instead of hiring enough staff he hires only the bare minimum. On busy days (which are alomost every wknd) my gf works from 9 to 6 without getting a break. Not even 5 minutes. The boss is making a tonne of money on these sunny days but my gf gets home fit to collapse. She needs the job and doesnt want to me rocking the boat. She's under pressure from all the other little sneaks that work there and this guy could cut her hours on a whim. I want to tear his head off. What should I do?

Corruptedmorals

Hmm, does she have a contract? Is she/someone else there long enough..ie. over probation/a year so that they have full employment rights? There's the danger of losing the job if they shoot their mouths off about their rights. Perhaps getting the Citizens Advice Bureau or a union to contact the employer might be the best way. 9 hour shift is a one hour lunch and a 15 minute break (I'm pretty sure 9 hours is enough for the extra break). Breaks must be given every 4.5 hours.

Nody

It is 2x15 paid and 30 min unpaid lunch until 12h 30min iirc.

steve_oh

she has signed a contract - but she isn't on set hours. i.e her hours change on a weekly basis. I was thinkin of ringin the guy up and havin a word - but it could very easily turn into a nasty argument. Its not every weekeend - but every so often there are events on in a nearby park and he never makes any effort to take on extra staff. Workin all day is what this guy expects from his staff. He does it himself - but he's the only one profiting from it. The employees just get their crappy set wage. It's not right!

hobochris

steve_oh wrote: »

she has signed a contract - but she isn't on set hours. i.e her hours change on a weekly basis. I was thinkin of ringin the guy up and havin a word - but it could very easily turn into a nasty argument. Its not every weekeend - but every so often there are events on in a nearby park and he never makes any effort to take on extra staff. Workin all day is what this guy expects from his staff. He does it himself - but he's the only one profiting from it. The employees just get their crappy set wage. It's not right!

I know your annoyed about it but its not your place to have that conversation with herboss.

What she should do is check her contract carefully and also look up her relevant work rights.

If she is entitled to a break, on a long shift, she could very easily just say to her boss/supervisor "Things are slow now, I'm gonna go on my break",If this is questioned she can just mention that she is entitled to it(she should check her rights first though), I very much doubt the supervisor/boss will argue with employment law.

There is no good to come from you speaking to her boss besides making conditions worse for her.Its her job so its up to her to say whatever she feels needs to be said to her boss.

axer

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/hours-of-work/rest-periods-and-breaks
Breaks

The general rule on breaks is that you are entitled to a break of 15 minutes after a 4 ½ hour work period. After a 6-hour work period you are entitled to a break of 30 minutes, which can include the first 15-minute break. There is no entitlement to be paid during these breaks and they are not considered part of working time.

Shop employees who work more than 6 hours and whose hours of work include 11.30am-2.30pm are entitled to a one hour consecutive break which must occur during those hours. Employees who work in the Retail Grocery trade (Nationwide) and the Retail Footwear and Drapery Trade (Dublin only) are entitled to a 15-minute paid break (exclusive of the main meal break) if working more than 4 ½ hours.

The general rule on breaks is that you are entitled to a break of 15 minutes after a 4 ½ hour work period. After a 6-hour work period you are entitled to a break of 30 minutes, which can include the first 15-minute break. There is no entitlement to be paid during these breaks and they are not considered part of working time.

Shop employees who work more than 6 hours and whose hours of work include 11.30am-2.30pm are entitled to a one hour consecutive break which must occur during those hours. Employees who work in the Retail Grocery trade (Nationwide) and the Retail Footwear and Drapery Trade (Dublin only) are entitled to a 15-minute paid break (exclusive of the main meal break) if working more than 4 ½ hours.

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You can refer disputes under the Organisation of Working Time Act 1997 to a Rights Commissioner. You should make a complaint, using the Rights Commissioner application form (pdf), within 6 months of the dispute occurring. However a Rights Commissioner may extend this time limit for up to 12 months if there was reasonable cause for not bringing the complaint within the first 6 months.

The Big Red Button

steve_oh wrote: »

I was thinkin of ringin the guy up and havin a word - but it could very easily turn into a nasty argument.

Feel free to advise her, but if I were you I'd avoid getting involved yourself at all. It'll come across as very unprofessional and possibly intimidating.

Corruptedmorals

Nody wrote: »

It is 2x15 paid and 30 min unpaid lunch until 12h 30min iirc.

Yeah there is a one hour lunchbreak but it's shop employees only, that's what I was thinking of.

spongeman

Welcome to the food business...........

eth0_

steve_oh wrote: »

I was thinkin of ringin the guy up and havin a word - but it could very easily turn into a nasty argument.

This isn't the 1950's - she's not your property! It's absolutely not your place to go talking to her boss, so butt out and let her deal with it herself.

leeroybrown

eth0_ wrote: »

This isn't the 1950's - she's not your property! It's absolutely not your place to go talking to her boss, so butt out and let her deal with it herself.

+1

What's worse is that if you get involved on her behalf she'll get even more hassle over it as she'll be seen as spineless.

Wishbone Ash

Does she get paid for the full shift (i.e. 9 hours)?

My employer doesn't give breaks at night (12 hour shift) as it is impractical but, unlike your girlfriend, we have some opportunities to get refreshments/toilet but still be on duty if you know what I mean. Most staff are happy enough with this arrangement as it means an extra hour's pay.

Is it possible that previous staff came to this arrangement with the employer when things were quieter?

wmpdd3

Do what Axer says above. Complain to the rights commissioner.

I know of a chip shop that had an audit last year and some of the staff were advised to pursue payment in lieu of breaks not taken spaning more than 3 years.

In one store I worked in I was audited on records relating to contracts and breaks taken.