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Unpaid mandatory break.

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  • 01-08-2019 1:06am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I have asked my line manager this question but they don't seem to want to give a straight answer.


    I have started a new job I am about two weeks into now it is from midnight to nine am.

    I have to take a one hour unpaid mandatory break.

    I work on my own and cannot leave the site and there is no break room to go to have this break in.

    There is either the office I am in or a kitchenette with no chairs in it.

    So my question does my employer have to provide some sort of break room as I am not allowed to leave the site.

    Because taking that one hour unpaid break while sitting in the office doesn't feel like a break to me.


    Thank you in advance.


Comments

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    #2
    Mrs OBumble
    Registered Users Posts: 25,974 ✭✭✭✭Mrs OBumble


    Take a chair into the kitchenette.


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    #3
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    New Job Question Need Advice wrote: »

    I work on my own

    Are you the only one on site?
    I don't think that's allowed. Health and safety and all that..what if you keel over / have an accident.


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    #4
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    peasant wrote: »
    Are you the only one on site?
    I don't think that's allowed. Health and safety and all that..what if you keel over / have an accident.

    There is nothing specific in general legislation that prohibits a person from working alone

    https://www.hsa.ie/eng/Topics/Hazards/Lone_Workers/



    Op, you are entitled to a break, and seating is provided in your office, you don’t have to use it, but it is there for your use.


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    #5
    nibtrix
    Registered Users Posts: 1,305 ✭✭✭nibtrix


    Why are you not allowed to leave the site? Surely if it's an unpaid break then you're on your own time, you should be able to leave to get exercise, get food etc.

    If you're not allowed to leave because there has to be someone on site, available to deal with issues, monitor something, etc., then it's not really a "break" and I would think they should be paying you for the time.


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    #6
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    nibtrix wrote: »
    Why are you not allowed to leave the site? Surely if it's an unpaid break then you're on your own time, you should be able to leave to get exercise, get food etc.

    If you're not allowed to leave because there has to be someone on site, available to deal with issues, monitor something, etc., then it's not really a "break" and I would think they should be paying you for the time.

    Security? Possible job requires areas to be monitored, during break you sit back, relax, read the paper etc


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    #7
    BuboBubo
    Registered Users Posts: 927 ✭✭✭BuboBubo


    I thought shift workers were entitled to paid rather than unpaid breaks. Correct me if I'm wrong but an 8 hour night shift worker should have a 30 minute paid break?


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    #8
    wonski
    Registered Users Posts: 13,685 ✭✭✭✭wonski


    Some jobs do not allow people off site on their breaks not just because they need to do something, but for other reasons.

    First if something happens while you are on break they might still be responsible for that employee wellbeing, even if he/she leaves the building. Car accidents etc would be worst case scenario.

    Second is more practical as to ensure everyone is back in time.


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    #9
    BrokenArrows
    Registered Users Posts: 7,498 ✭✭✭BrokenArrows


    Being not allowed to leave the place of work essentially means you are still working essentially as you are not free to do as you wish.

    An important question you need to answer is "Why are you not free to leave?"

    If its because you work security and someone needs to monitor the place. Then you are not on a break, you are still working in my opinion and you should be paid. Arguing this with your employer is another story.

    Your employer can prevent you from leaving the work place on break, but in a lot of cases you should be paid for this especially if the reason is that you may need to go back to work early if something happens.


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    #10
    Strumms
    Registered Users Posts: 25,466 ✭✭✭✭Strumms


    BrokenArrows wrote: »
    Being not allowed to leave the place of work essentially means you are still working essentially as you are not free to do as you wish.

    An important question you need to answer is "Why are you not free to leave?"

    If its because you work security and someone needs to monitor the place. Then you are not on a break, you are still working in my opinion and you should be paid. Arguing this with your employer is another story.

    Your employer can prevent you from leaving the work place on break, but in a lot of cases you should be paid for this especially if the reason is that you may need to go back to work early if something happens.

    Correct, if you are tasked with something, delegated a responsibility then it isn’t a proper break, a break is just that, you should be allowed to go off for a jog, have a smoke, coffee, call the wife, the neighbors dog, whatever... free of responsibility or work...they want their cake and to eat it...


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    #11
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    Strumms wrote: »
    Correct, if you are tasked with something, delegated a responsibility then it isn’t a proper break, a break is just that, you should be allowed to go off for a jog, have a smoke, coffee, call the wife, the neighbors dog, whatever... free of responsibility or work...they want their cake and to eat it...

    I see no mention in the op that the poster is not allowed to do any of these, nor indeed does he say he has to do any duties during his break, he just can’t leave the site, he wants a chair to sit down in the kitchenette area.


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    #12
    Bob24
    Registered Users Posts: 10,905 ✭✭✭✭Bob24


    Dav010 wrote: »
    I see no mention in the op that the poster is not allowed to do any of these

    Based on the way the OP describes the situation, it doesn’t sound like they can go off for a jog ...


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    #13
    JustAThought
    Registered Users Posts: 5,324 ✭✭✭JustAThought


    If you are sat at your desk, beside a PC and phone and the only person there with no cover, then they are using you for unpaid labour. Either you can leave and use your break in the way best suits you- exercise, taking a stroll, going for a half hour drive etc or you are minding the office or available and on call for any problem that arises -and so still working. Phone the workplace Relations Commssion for your full rights and then decide if you want to get fired for expressing and requesting them. Standard practice and illegal.


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    #14
    Strumms
    Registered Users Posts: 25,466 ✭✭✭✭Strumms


    Dav010 wrote: »
    I see no mention in the op that the poster is not allowed to do any of these, nor indeed does he say he has to do any duties during his break, he just can’t leave the site, he wants a chair to sit down in the kitchenette area.


    They clearly say the break is unpaid. Therefore it should be free of any and all responsibility to the company. The employee is on their own time, they should be able to go to the break room, go sit in the car, go home if time would allow even, go to a coffee shop and be uncontactable. During unpaid breaks there is zero responsibility to their employer either in terms of them being contactable or ‘having’ to have your break somewhere. They are on their own time.

    The company are just being ****èrs, wanting to provide zero break cover, save that expense of having to do that and restrict the entitlements, wellbeing potentially and comfort of the employee. Unsat...


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