Break Entitlements

LegacyUser

I started a new job recently and just had a question about break entitlements.

Say I was working a 6 hour shift am I right in thinking I'm entitled to a 30 minute break? Is 15 minutes of this paid and 15 minutes unpaid? Are there any exceptions to break entitlements?

Also is it 11 hours minimum between shifts? Again are there exceptions to this?

I find I'm having to ask for my breaks every day as my employer seems happy enough to not give them unless I ask.

Eoin

From this page:

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.

Rest periods

The definition of a rest period is any time that is not working time. The rest periods set out in the Act are as follows:

(a) You are entitled to 11 consecutive hours rest in any period of 24 hours. In addition 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 already mentioned, or

(b) As an alternative your employer can give you two 24-hour rest periods in the week that follows one in which you did not get the entitlement described in (a) above.

Unless your contract provides otherwise your 24-hour rest period referred to above should include a Sunday.

Who is not covered by the Act

The provisions of the Organisation of Working Time Act 1997 on breaks and rest periods do not apply to all employees. They do not apply to the Gardaí, Defence Forces, employees who control their own working hours or family employees on farms or in private homes. The working hours of young people under the age of 18 are regulated by the Protection of Young Persons (Employment) Act 1996.

Exemptions

In the following situations employers can be exempted from providing the rest periods as set out in the Act. These exemptions are allowed provided the employee is given equivalent compensatory rest. This means that if a rest period is postponed the employee must be allowed to take it within a reasonable period of time.The Labour Relations Commission has published a Code of Practice on Compensatory Rest Periods (pdf)

Exceptional circumstances: an employer is exempt from providing these rest periods if this is not possible due to exceptional circumstances or emergency.

Collective agreement: The rest periods set out in the Act may be varied if there is a collective agreement to vary them which has been approved by the Labour Court or if there is an Employment Regulation Order or Registered Employment Agreement.

Shift work: When shift workers are changing shift or are working split shifts there is an exemption from the requirement to have the rest periods as specified in the Act.

However, the regulations governing those employed in transport activities (SI 20 of 1998) and in certain categories of civil protection services (SI 52 of 1998) exempt them from the provisions on statutory rest breaks/periods but do not require them to have equivalent compensatory rest.

montane

"Exceptional circumstances: an employer is exempt from providing these rest periods if this is not possible due to exceptional circumstances or emergency."

Are exceptional circumstances a once off? Of could an employer argue that the circumstances are continually exceptional. If the latter is the case then its a big cop out.