Break time rules - in shop

seawoman

Hello.

I confused myself when I re-read that

"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."




If I work on checkout in big hipermarket I should get:

1. If I work for 4.5 hours I should get one 15 minute break?
or
2. If I work for 5.00 hours I should get one 15 minute break?

3. 1 hour break and one 15 minute break after 4.5 hours?

seamus

You are entitled to a 15 minute paid break if you work more than 4.5 hours and a one-hour unpaid break if you work more than 6 hours including the hours of 11:30 to 2:30. These can be one break of 1 hour and 15 minutes or two breaks.

I can remember working in a supermarket, starting at 11 am and having to take a 1:15 break at 1:30. Quite annoying because then you'd have to work till 8pm with only one more 15 minute break. They also used to do a "split" lunch where some employees would take 30 minutes, then go down and relieve someone else for 75 minutes, then take a further 45 minute break. Strictly not legal now that I look at the legislation, but there was a strong union in the place who didn't object to it.

seawoman

What exactly mean this:

"if you work more than 4.5 hours"
It is time beetween Your breaks?


So in my workplace They are interpreted in this way:

You will get 15min paid break only If You work 5 hours (more than 4.5 means 5hours) so for example, If You start job at 12 and finish at 7, and You get Your 1 hour break start at:

a) 1.00 o'clock and You back at 2.00 then You will get 15min paid break (from 2.00 to 7.00 is 5 hours work)

b)2:00, 2:30, 3:00, 3:30, 4:00: 4:30 You will not get a 15min paid break because Your work time is not longer than 4,5 hour

c) 5.00 you get 15min paid break (12-5 is 5 hours work)


The break time manage Your manager, so he/she give you time when You can go for Your lunch break.

Is thats right?

wmpdd3

Yes it looks right, our union has also p agreed that no staff member should work more than 4 hrs without a break. So if we work 8 -6 we get a 1hr break and a 15min break. Our place did away with 1/2 breaks, now if you work over 7hrs, its a 1hr unpaid.

seawoman

So seamus When You work 11-8 in Your shop you get 1h break unpaid and 2 x 15 min paid break??

But I have to work over 4.5 continuous hours. to be entitled 15min paid break.
For example if I have 8 hours day work and my 1h unpaid break is in middle, then I'm not entitled to have 15 min. break, because continuous working hours are less than 5h.
I think Irish Law don't say about continuous hours. It is important to have working over 4,5h overall. What do You think?

wmpdd3

^^^ thats how we do it, if your in from 11-8 etc and cant get you break from 3-4 then you'll get a 15 min later.

Or if your working 8-6 you get an hour at 1-2 and a 15 min at 10:30.
More info here:

http://www.employmentrights.ie/en/media/The%20Organisation%20of%20Working%20Time%20Act,%201997%20Explanatory%20Booklet%20for%20Employers%20and%20Employees%20Jan%202012.pdf

allthedoyles

An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes

Note the 15 minutes must be within the 4.5 hours

source :
http://www.irishstatutebook.ie/1997/en/act/pub/0020/sec0012.html#sec12