I have NEVER had a break on my 8 hour shifts for the last 2 1/2 years... please help!

Eire362436

Hi all!

I have worked for the same employer for a number of years and NEVER get a break. Literally never. Not rostered, not offered, never given. I know that I am legally entitled to breaks and I know what they are... but want I want to know if what happens if the employer never gives them? Can I claim for them? Can someone please point me in the right direction. Many thanks

Corruptedmorals

Do you have a contract? Or a handbook? You should contact NERA. They are your legal entitlement. No break at all and it should be an hour, disgraceful. Your employer is lucky he hasn't had a load of people fainting from hunger and splitting their heads open on his premises or something.

Eire362436

Yup, handbook and contract both say breaks!

MarkR

Eire362436 wrote: »

Yup, handbook and contract both say breaks!

Have you spoken to your employer?

Littlehorny

Tell him he owes you about 2000 hours overtime

Eire362436

Hi Mark- yes I have said it to the employer, "times are tough so tough luck" was the reply. I have also documented about 750 hours of extra work over the last 4 years for which I was never paid, boss would call me at 11pm, call me 7 or 8 times a day about stuff.

Oscars Well.

Talk to your employer, Im sure the issue would be resolved fairly easily.

Eire362436

you're an optimist, oscar, and that is to be applauded. But the reality is the employer does not give a flying &*^% about the welfare of the staff- period. I've had this for 4 years now, and it will not be resolved without firm action.

anticonno16

Labour court is your best option

Bring him there and you'll be awarded loads of cash.

Eire362436

I hate to admit it, and I hate confrontation, but I think you're spot on, anticonno. It's time to stand up for the little people- thanks for your support

Elevelyn

I work in a hotel and the only time i get a break is if my supervisor is in to cover me, usually once a week and I only take about 15mins, its the norm here. I have an interview on wednesday for somewhere thats not family run so fingers crossed.

Eire362436

best of luck Evelyn!

skyline1515

I work in retail and as we do not have a clock in machine for breaks etc, we fill out forms weekly and staff sign them to say they have got breaks and the paid for the hours they do.. your employer will have to prove that you got your breaks/lunches with either clock in cards or some form of a time sheet signed by you.. take him to court hun, time for the little person to fight back..

Eire362436

will do !!!

Mink

OP maybe if you even mention to your employer that you are going to be looking into the break situation legally, then he/she might start organising it. Or put it in a polite letter to them.

I had a similar situation in the last place I worked, barely was able to get any sort of break as no one to cover. I hated it as I never knew when I could eat again and I couldn't eat at my desk as I was at reception. Also used to get calls late at night and on my days off. I don't mind that so much a few times but the boss calling me never once apologised for calling when it was my time off.

Anyway, I didn't go down the legal route or contacting NERA etc as my employers were mates of mine. I called my old boss from my previous job and luckily he was able to take me back as someone had just left. So I just got out of the other situation. If the old job hadn't been available I wouldn't left though as I needed to be working... somewhere.

It took it's toll on me working like that. I know other people can do schedules like that & not have a problem. But I wasn't willing to, unless I was on serious money for it, which I wasn't.

Crazy Horse 6

Your being taken advantage of OP. Get legal help and get every minute you are entitled too.

oldyouth

Times are tough for a lot of employers, but some are taking advantage of the economic situation by implying that you'll be replaced if you insist on taking your basic rights. I agree that a lot of the perks we used to enjoy have to be shelved to allow employers maintain staff numbers and pay rates, but not something like this.

OP, it's not easy, but arrange a formal meeting with your boss to find a solution but be firm enough to leave little doubt that you retain the right to go down the legal route.

Best of luck

Plumpynuter

Are you the only person working there? Is it a retail situation? Are you busy all day?

I would be careful in arranging a meeting and ending up getting the boot without first getting some evidence. Some employers are bastards (plain and simple)

You need to write to your employer and tell them that you have discussed the situation with them previously and their response was unacceptable and that you expect them to comply with your legal entitlements. Ask them to outline the reasons why you should not have your entitlements. If they sack you it will be a clear cut case and you will be compensated. I know things are tough at the moment but it sounds like it is not much of a job to lose.

Stand up for yourself. You will feel better for it.

Mister Dread

Stand up for yourself. People like you just make working life more difficult for the rest of us. Employers only get away with this sort of stuff because people let them. No cover? Not your problem.

Elevelyn

Mister Dread wrote: »

Stand up for yourself. People like you just make working life more difficult for the rest of us. Employers only get away with this sort of stuff because people let them. No cover? Not your problem.

Careful there i stood up for myself before and although Im glad I did I ended up without a job for nearly 2 years

gerrycollins

Eire362436 wrote: »

Hi Mark- yes I have said it to the employer, "times are tough so tough luck" was the reply. I have also documented about 750 hours of extra work over the last 4 years for which I was never paid, boss would call me at 11pm, call me 7 or 8 times a day about stuff.

contact NERA and ask tell them your story they will send out an inspector

MotherDunne

quote citizens information
"Employers who fail to keep records as outlined in the Regulations are guilty of an offence. Maximum fines on conviction for failing to keep these records are €1,900."
Goto this link and have a read on your entitlements.
I have been in situations like this before and talking to the employer never resolves this type of abuse of the employee. Take action and even if it causes disruption, it might protect the rights of future employees and make another employer KOP on.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/employment_working_time_records.html

Eire362436

Nice throwaway line there, Mr Dread- yes, I love being exploited and am doing my utmost to make it harder for the rest of you!

Mister Dread

Eire362436 wrote: »

Nice throwaway line there, Mr Dread- yes, I love being exploited and am doing my utmost to make it harder for the rest of you!

Te ****. You went 2.5 years without taking a break so yes you are doing your best. A normal person would just take a break and tell the boss to get ****ed if he gives you trouble. If everybody was normal then we wouldnt have any bosses trying this on as they wouldnt get away with it. People like you make it hard for the rest of us to use our rights because bosses know theres always other doormats out there who won't give them trouble. Doormat.

Eire362436

Thanks for the advice, I really appreciate it. Is your prison camp full at the moment?

jsd1004

I hope that posters know that a lunch break does not have to be paid. It is at the employers discretion. So if you want your break you will have to spend a half hour extra in work for the same pay.

Mister Dread

Do you want to know about my break regime?

Start work at 9:15. Have 30 mins then at 10:45.
Then lunch at 1pm for 1 hour 15mins. Then home at 5:30pm.
Monday to Friday, 30.5 days leave. 50K per year.
I got into this position at 25 by doing things by the book and not letting scumbags walk over me.

jsd1004

Mister Dread wrote: »

Do you want to know about my break regime?

Start work at 9:15. Have 30 mins then at 10:45.
Then lunch at 1pm for 1 hour 15mins. Then home at 5:30pm.
Monday to Friday, 30.5 days leave. 50K per year.
I got into this position at 25 by doing things by the book and not letting scumbags walk over me.

Public Service..

Mister Dread

Civil Service. The cream of the crop.

Eire362436

Actually, Mister Dread, no, I don't want to know about your break routine. My question wasn't about your break routine. I have absolutely no interest in your break routine. I was seeking advice, so thanks for the sanctimonious diatribe. I'll be far less inclined to post a question looking for genuine feedback if there are people like you looking for an audience to grandstand their own truly amazing efforts. So well done, you're great.

Mister Dread

Listen I am giving you advice. I always do one on one life coaching sessions with people which is what i see as my real career. The world is brutal out there and you need to stand up for yourself. I'm giving you a bit of tough love.