Am I right?

Esoteric_

Few issues cropping up in my job, which I think I'm right about, but would like clarification on before doing anything.

Basically they are; not being paid extra for bank holidays (or being given time in lieu) and not getting proper breaks.

1. Payment.

If I work a bank holiday, I believe I'm entitled to a paid day in lieu if I have worked 40 hours or more in the 5 weeks prior to the bank holiday. Some employers just give double time for the day. If you don't work it, but have worked more than 40 hours in the 5 weeks prior, you're entitled to 20% of your weekly wage, if you normally work that day. Is that right?

Basically, my boss refuses to pay anything extra for bank holidays/public holidays. I have worked a few of them, all for normal rate. I work at least 30 hours a week, so more than satisfy the '40 hours in 5 weeks' rule, if indeed I am remembering this rule correctly. Can anybody clarify that for me, one way or another?

2. Breaks.

I work in retail, doing 9 hour shifts (10-7 every day, anywhere between 4-7 days per week). Iirc, if you work in retail, and your hours include the hours 11am-2pm (and you work 8 hours or more), you're entitled to an hour (consecutive) break, unpaid? I don't get breaks, really. I'm told I can take twenty minutes when it's quiet, but that if a customer spots me in my uniform (which ALWAYS happens) and requests to buy things, I have to just open again. As it stands, I get about 10 minutes of a break in each 9 hour shift, and I go to the bathroom twice, so if we're including that, I get approximately 16 minutes where I'm not working, in a 9 hour shift.


If I'm correct on these (I don't fully know if I am tbh), how do I go about sorting them out? I'm only in the job 4 months, and know I can be sacked with very little comeback within the first year.

Aside from this, I have never signed nor received a contract, despite my probationary period ending after only one month (it was verbally agreed at 3 months, then decreased to one month, again verbally, because I was doing so well).

Basically, I'm being treated badly in other areas of the job, so I'm determined to get what I'm entitled to, even if it risks me losing my job. I've worked in a job where I was exploited before and I'm not willing to do it again.

Any clarification or help would be fantastic.

wmpdd3

You should get 20% of your average weekly wage when there is a bank holiday, if you don't work it.

If you do work it you should get another paid day off. The pay would be 20% of your average weekly wage.

The minimum break you should get is half an hour, 15 mins of which is paid.

You are right about the 1 hour off unpaid when you work between 11:30am and 2:30pm, the 1 hour unpaid must be between 11:30 and 2:30. You should also get a paid 15 min break. Your not supposed to work more than 4 hrs without a break.

Its all here:

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

Esoteric_

Thank a mill for that. I thought those were the rules, but wasn't 100% sure.

We don't get paid on a back week scheme, so I'll be getting paid today for the bank holiday worked on Monday just gone.

Now, my question is, should I try the 'soft' approach and just ask 'Do we get a day off for doing the bank holiday?' and act a bit naive until I get the answer, or do I just say it to them?

I did bring it up in conversation with one of the bosses yesterday, but had the head torn off me for doing so, so I'll be asking the woman who runs the head office (it's a small enough business and we all know each other and have each others' mobile numbers).

With regards to the breaks, I work alone, so I'll just take what I'm entitled to. I don't need a full hour and a 15 minute, but a half hour where I can sit down (I'm on my feet all day) would be nice, because come 4pm, I'm usually shattered!

Thanks for the link and the clarification. I don't want to go in all guns blazing without the relevant documentation to back up what I'm requesting!

testicle

Talk to NERA, they'll investigate for you.

wmpdd3

Not sure if I say it, but the hour is unpaid, we can choose to take a half hour paid on a 7hr shift instead of the 1 hour unpaid, but that's a local agreement.

IMightKnow

I don't think there's any entitlement to paid breaks, even 15 mins. I worked in retail for a major employer and we had to take an hour and a half hour unpaid each 9 hour shift. I.e. you worked 9h and got paid for 7.5 every day.

Bank holidays were as outlined above though.

Esoteric_

IMightKnow wrote: »

I don't think there's any entitlement to paid breaks, even 15 mins. I worked in retail for a major employer and we had to take an hour and a half hour unpaid each 9 hour shift. I.e. you worked 9h and got paid for 7.5 every day.

Bank holidays were as outlined above though.

To give my boss credit, he does pay for the short breaks that we take. I don't care if my break is unpaid or not, I just need to have a chance to sit down and grab a coffee when I get tired.

Didn't get any extra pay for the bank holiday, or a paid day off in lieu in my wages, so I'll be keeping my payslips and talking to him about the matter.

It's not that I don't want to work bank hols, I have no issue with working them, it's just annoying because I'm on a very low wage and any extra money like that would be extremely helpful!

xxlauraxxox

i work in retail and if i work a 9hour shift i get my 20mins(paid) and a 1hour unpaid break. as for the bank holiday payment u should get a day off in lieu or get paid for days but thats at the distrection of your employer. you should ask you employer what way the breaks should work he cant fire you for asking about any basic rights

wmpdd3

I stand corrected


http://www.workplacerelations.ie/en/information/hoursofwork/

Hours of Work

The maximum an employee should work in an average working week is 48 hours. This working week average should be calculated over a four-month period. There are, however, some exceptions to this average period.

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.

Payment for breaks is not a statutory entitlement.