job share bank holiday & breaks????????

jambofc

hi all,bit of advice needed,have done a search here and google but cant seem to find a definitive answer to either question,so here goes......

my partner works in a crèche and up until this Monday had a 15min break in the morning and a 45 min break at lunch,her hrs of work are 8-4.30pm,she job shares with another girl 2.5 days a week,now her small break has been cut to 10min and lunch to 30min,this seems to be legal but the full-time workers get 15min break and 45min break now as far as i can see this is illegal and she should get the same break as the full time workers?!?!?!?!
now i think i heard somewhere that a boss cant cut your breaks once they are set?!?! also if she is now doing more work(45min extra) is she not entitled to be paid for it??????

bank holidays is another strange one,if my partner is due to work a bank holiday and has it off(crèche closed) she gets paid for it but has to work a full day Wednesday to make up hrs(instead of her usual half day) but the girl she job shares with is in from her normal time on a Wednesday for her 2.5 days,so in other words the 2 of them end up working Wednesday afternoon,doesn't seem right to me......

tenchi-fan

jambofc wrote: »

hi all,bit of advice needed,have done a search here and google but cant seem to find a definitive answer to either question,so here goes......

my partner works in a crèche and up until this Monday had a 15min break in the morning and a 45 min break at lunch,her hrs of work are 8-4.30pm,she job shares with another girl 2.5 days a week,now her small break has been cut to 10min and lunch to 30min,this seems to be legal but the full-time workers get 15min break and 45min break now as far as i can see this is illegal and she should get the same break as the full time workers?!?!?!?!
now i think i heard somewhere that a boss cant cut your breaks once they are set?!?! also if she is now doing more work(45min extra) is she not entitled to be paid for it??????

bank holidays is another strange one,if my partner is due to work a bank holiday and has it off(crèche closed) she gets paid for it but has to work a full day Wednesday to make up hrs(instead of her usual half day) but the girl she job shares with is in from her normal time on a Wednesday for her 2.5 days,so in other words the 2 of them end up working Wednesday afternoon,doesn't seem right to me......

Regarding cutting breaks.. this is a change in work practice and would have to be agreed. She should check her contract.. it's less clear if the breaks weren't previously timed and everyone just took approx 15 mins. Choose your battles tho.. the 5 mins less is the smallest issue of everything you mentioned.

The 30 min break is unpaid. If she works an extra 15 minutes she should get paid an extra 15 mins.

The law states part-time workers cannot be discriminated against and must enjoy the same conditions as full-time workers (I think!). Therefore it would be illegal to reduce her break in this manner unless she agrees to it (perhaps for an extra 15 minutes pay).

regarding the bank holiday.. even if the creche is closed she should get paid for a half day as she only works half the week. If the employer is giving her the chance to work another half day so she gets her normal weekly pay the employer is actually doing her a favour.

Overall, she should probably not agree to the 5 min shorter break as it seems to be illegal, unless the fulltimers are treated the same. She should only agree to the 30 min lunch if she gets paid for the remaining 15 mins. And she should take the extra hours being offered to her on the bank holiday week.

jambofc

tenchi-fan wrote: »

Regarding cutting breaks.. this is a change in work practice and would have to be agreed. She should check her contract.. it's less clear if the breaks weren't previously timed and everyone just took approx 15 mins. Choose your battles tho.. the 5 mins less is the smallest issue of everything you mentioned.

The 30 min break is unpaid. If she works an extra 15 minutes she should get paid an extra 15 mins.

The law states part-time workers cannot be discriminated against and must enjoy the same conditions as full-time workers (I think!). Therefore it would be illegal to reduce her break in this manner unless she agrees to it (perhaps for an extra 15 minutes pay).

regarding the bank holiday.. even if the creche is closed she should get paid for a half day as she only works half the week. If the employer is giving her the chance to work another half day so she gets her normal weekly pay the employer is actually doing her a favour.

Overall, she should probably not agree to the 5 min shorter break as it seems to be illegal, unless the fulltimers are treated the same. She should only agree to the 30 min lunch if she gets paid for the remaining 15 mins. And she should take the extra hours being offered to her on the bank holiday week.

thanks for that would you have a link to the bank holiday pay schedule?
the full-timers are getting longer breaks,not fair as she does excactley the same work and hrs per day

gerrycollins

cant find a link currently but the small break must be a minimum of 15 mins however everything else they are doing if fine.

jambofc

gerrycollins wrote: »

cant find a link currently but the small break must be a minimum of 15 mins however everything else they are doing if fine.

amazed if your correct(not doubting you)that the full-time staff get 15 more mins for lunch :eek:

she does be disgusted when she has to go back to work after lunch with all the full time staff laughing at her while they sit there gloating :mad:

gerrycollins

jambofc wrote: »

amazed if your correct(not doubting you)that the full-time staff get 15 more mins for lunch :eek:

she does be disgusted when she has to go back to work after lunch with all the full time staff laughing at her while they sit there gloating :mad:

in my job it is agreeded with the JLC that the min first break is 15 paid mins, the lunch however according to NERA is anyone who works a 6 hours is only to a half hour unpaid lunch. in a conversation with NERA before they said to me that if the shift exceeds the 6 hours then its at the discretion of the employer what lenght of lunch break to give however the min is 15 mins break and 30 mins lunch for anyone unless previously agreeded with unions or JLC

Breaks
Employees are entitled to;

•A daily rest period of 11 consecutive hours per 24 hours
•A weekly rest period of 24 consecutive hours per seven days, following a daily rest period
•A 15-minute break if working 4.5 hours.
•A 30-minute break if working six hours.

source
http://www.employmentrights.ie/en/informationforemployers/workinghours/

at the end of the day your wife should be getting paid for those 15 mins she is working that the others are not.

bbam

It's the law

Entitlement to breaks,
http://www.irishstatutebook.ie/1997/en/act/pub/0020/sec0012.html#sec12

Entitlement to be treated the same as full time workers..
http://www.irishstatutebook.ie/2001/en/act/pub/0045/sec0009.html#partii-sec9

jambofc

well ive been in touch with citizens advice and nera and cant get a definitive answer from either both kind of conflict each other,no wonder employers get away with this sort of thing :mad:

wmpdd3

I would be incline to go with nera as they actually enforce things like this.