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Staff breaks - paid?

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  • 18-02-2013 12:22pm
    #1
    animha
    Registered Users Posts: 90 ✭✭


    Hi there

    I'm a new employer and trying to figure out my staff breaks for somebody working office / desk based.

    I'm being told by my employee that though she's paid for 30 hours a week, she's only working 6.5 hours per day because she's entitled to an hour paid lunch and a break each day.

    Can somebody clarify for me, I don't think I'm obliged to pay breaks i.e. this is at my discretion and if so can you point me where this might be stated in employment law so it doesn't seem like I'm making it up?

    Thanks!


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    #2
    Bandara
    Registered Users Posts: 3,282 ✭✭✭Bandara


    http://www.ibec.ie/IBEC/ContractOfEmployment.nsf/vPages/Contract_of_Employment~legal-requirements?OpenDocument


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    #3
    The Dagda
    Closed Accounts Posts: 1,345 ✭✭✭The Dagda


    Employees are entitled to 30 minutes break during a 6.5 hour working day.
    The breaks are unpaid.
    The Employer decides when the breaks are taken.


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    #4
    animha
    Registered Users Posts: 90 ✭✭animha


    Thanks a mill folks; so looks like no legal entitlement to paid breaks but for small companies is it usually done?


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    #5
    capefear
    Registered Users Posts: 773 ✭✭✭capefear


    Breaks are normally be unpaid but most employers I've worked for will give the tea breaks as paid  but lunch is normally not paid for. If she is working a 30 hour week this would normally included the two 15 min tea breaks but would not included lunchtime. Get a contract of employment done up by a paid professional which can be specially for your business or customize the one above and get a professional to review it, you only need to do this once and you have contract of employment for all future staff. Best of luck with the business and congrats on hiring your first employee. But get a contract of employement sort ASAP because the last thing you want is a dispute and you end up in front of the EAT.


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    #6
    animha
    Registered Users Posts: 90 ✭✭animha


    Also with regards a staff member who works a 4 day week and has regular doctor appointments, is there any protocol that I could request that scheduled doctor's visits can happen on a day off or do they have to be taken from annual leave?


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    #7
    animha
    Registered Users Posts: 90 ✭✭animha


    Thanks Capefear you're right, trying to get on this ASAP as there's too much room for assuming we're all on the same page


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    #8
    The Dagda
    Closed Accounts Posts: 1,345 ✭✭✭The Dagda


    animha wrote: »
    Thanks a mill folks; so looks like no legal entitlement to paid breaks but for small companies is it usually done?

    You are paying the person to work, they are entitled to 30 mins rest, if they want to take an hour for lunch, and you are ok with that, allow them to, but it's unpaid.
    By allowing them the hour, you are giving them a bit extra, so they should feel happy enough with that...

    You could also offer paid breaks as a bonus after a certain period of time (after probation period?)

    As said already, all this needs to be detailed in the contract.


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    #9
    DubTony
    Registered Users Posts: 3,269 ✭✭✭DubTony


    The Dagda wrote: »
    Employees are entitled to 30 minutes break during a 6.5 hour working day.

    I'm open to correction but I'm not sure that's the case.

    I believe the entitlement is that after 4 hours (or maybe 4.5) an employee is entitled to a 15 minute break and a further 30 minute break after a total of 6.5 hours worked (includes earlier break). If the working day ends after 6.5 hours no further breaks are required.


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    #10
    The Dagda
    Closed Accounts Posts: 1,345 ✭✭✭The Dagda


    DubTony wrote: »
    I'm open to correction but I'm not sure that's the case.

    I believe the entitlement is that after 4 hours (or maybe 4.5) an employee is entitled to a 15 minute break and a further 30 minute break after a total of 6.5 hours worked (includes earlier break). If the working day ends after 6.5 hours no further breaks are required.

    Read the info in the link Hammertime provided and it will correct you.


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    #11
    3ndahalfof6
    Registered Users Posts: 5,184 ✭✭✭3ndahalfof6


    Yep, but a cup of coffee now and then can help to aid your business.


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    #12
    capefear
    Registered Users Posts: 773 ✭✭✭capefear


    3ndahalfof6 wrote: »
    Yep, but a cup of coffee now and then can help to aid your business.

    True. But the one thing I would be clear on is smoke breaks I would have a rule on that as well as the amount of time people take the Mick on fag breaks.


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    #13
    3ndahalfof6
    Registered Users Posts: 5,184 ✭✭✭3ndahalfof6


    capefear wrote: »
    True. But the one thing I would be clear on is smoke breaks I would have a rule on that as well as the amount of time people take the Mick on fag breaks.

    Yes agreed, the most important thing is, I am paying your wages and you need to perform to the top of your skills when it is required, employer weak, is weak employees,

    not friends, people who you pay to do a job to enhance your company, nothing else.


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