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Breaks taken from wages

  • 05-06-2016 2:38pm
    #1
    SSJSteve
    Registered Users Posts: 1 ✭


    I work in a hospitality establishment. I noticed something strange about my wages, that it was much lower than the expected payment. After asking the HR manager about this, turns out that we are deducted our break times of 30 minutes daily. Now the problem is that it's so busy all the time we never have time to take the breaks at all. We fill in the time sheets if we do take the breaks. But We never have time to take them.

    Is it legal to deduct the pay even though we never have the time for breaks?
    Tagged:


Comments

  • #2
    Speedwell
    Registered Users, Registered Users 2 Posts: 3,809 ✭✭✭Speedwell


    SSJSteve wrote: »
    I work in a hospitality establishment. I noticed something strange about my wages, that it was much lower than the expected payment. After asking the HR manager about this, turns out that we are deducted our break times of 30 minutes daily. Now the problem is that it's so busy all the time we never have time to take the breaks at all. We fill in the time sheets if we do take the breaks. But We never have time to take them.

    Is it legal to deduct the pay even though we never have the time for breaks?

    No, and it's also not legal to deduct from wages for meals or other items that are not provided. But this is one of those things "everybody does".


  • #3
    Galwayguy35
    Registered Users, Registered Users 2 Posts: 16,636 ✭✭✭✭Galwayguy35


    In my last job we had to clock out for breaks and it was taken off us, in this one we don't get docked for breaks but if we work through our break like you have to get extra pay for it.

    You are being taken advantage of when you don't get your break and they take it out of your pay.


  • #4
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    By law you are entitled to a break - an unpaid break. If you do not take your break you must inform you manager, who is then obliged to assign you the time off as soon as possible.

    The company is correct to deduct the break time from your wage. And it is up to you to inform them that it was not taken.


  • #5
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    Good point raised above. Breaks must either be recorded (clocked in or out) or mentioned in the contract that the breaks are unpaid and must be taken, or management informed when not.

    Otherwise the company will get in trouble with NERA.


  • #6
    _Brian
    Registered Users, Registered Users 2 Posts: 18,601 ✭✭✭✭_Brian


    SSJSteve wrote: »
    I work in a hospitality establishment. I noticed something strange about my wages, that it was much lower than the expected payment. After asking the HR manager about this, turns out that we are deducted our break times of 30 minutes daily. Now the problem is that it's so busy all the time we never have time to take the breaks at all. We fill in the time sheets if we do take the breaks. But We never have time to take them.

    Is it legal to deduct the pay even though we never have the time for breaks?

    There is no obligation that you get paid for the breaks, that's just something to be negotiated between yourselves and management.

    I wouldn't be filling in time sheets showing breaks taken though, why would you ? I'd stop that immediately and it may bring the whole topic to a head.


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  • #7
    Speedwell
    Registered Users, Registered Users 2 Posts: 3,809 ✭✭✭Speedwell


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

    The breaks are not considered paid time, so you should not be working during them. There are certain exemptions (see the Exemptions section of the page above). The first one (emergency) does not appear to apply to you.


  • #8
    Wanderer78
    Registered Users, Registered Users 2 Posts: 29,712 ✭✭✭✭Wanderer78


    Take your breaks when due. Staffing issues are your employers problem during your break time. Best of luck with it


  • #9
    wokingvoter
    Closed Accounts Posts: 828 ✭✭✭wokingvoter


    Wanderer78 wrote: »
    Take your breaks when due. Staffing issues are your employers problem during your break time. Best of luck with it

    Agree.At the start of the shift ask whoever is in charge on any one shift what time you may take your break at. If he or she points out that it's busy , we'll see or whatever then you can point out that you are being deducted for a break your not getting.
    There doesn't need to be a row


  • #10
    Canadel
    Registered Users, Registered Users 2 Posts: 1,586 ✭✭✭Canadel


    The hospitality sector (hotels especially) is probably the most exploitative industry for workers in the western world. Nobody cares because most Irish who work the more labour intensive jobs are young and usually doing it part time during school, while the full time staff are mostly eastern European or Asian.

    You should mention to your manager about the breaks but if nothing changes and you continue to be deducted without receiving your breaks, then my advice is to just take the break at a specific time of your choosing during your shift. Say to your manager at the time that you are taking your break, and if they try to tell it's too busy, exlplain that not only are you entitled to a break, but that the breaks you haven't been getting have been deducted from your pay recently. If your manager inisists (unlikely but possible) that it is too busy to take a break, demand that your manager give you a set time at which you can take your break. Do not continue working until they have agreed to this.


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