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Work Breaks

  • 30-03-2023 11:41am
    #1
    Registered Users Posts: 3


    Hi all,

    just a quick question regarding work breaks, I was always told my manager that I couldn't leave the work place for my break, which is fine I never did but a friend told me this is wrong and even if you are paid for your breaks, you are entitled to do what you want, like for an example go for a walk during your break. I just wondering does anyone know if it depends on employers policy, some say you can leave, some say you can't or is it a law? It would just be nice to know if I had the option or not.

    Thanks!



«1

Comments

  • Registered Users, Registered Users 2 Posts: 2,391 ✭✭✭McGrath5


    I suppose it depends on what kind of industry you work in? If its the type were staff could be needed in an emergency situation, say healthcare or if you are in an office based role then it could be someone on a power trip.



  • Registered Users, Registered Users 2 Posts: 3,021 ✭✭✭gipi


    In my last workplace (office based, public sector), it was local senior management policy not to allow staff to leave for tea breaks. I'd never met that local policy anywhere else.



  • Registered Users Posts: 3 Quicker


    I'm in healthcare, sometimes I just find myself stuck to my phone on my break and would much rather go for a walk but if it isn't allowed I understand, I was just wondering that maybe by law you could do as you please on your break entitlement.



  • Registered Users, Registered Users 2 Posts: 8,479 ✭✭✭cml387


    Morning and afternoon breaks are paid breaks so you should be on he premises.

    If lunchtime is not paid then they don't have any grounds for refusing you leave.

    People leaving the site at random is sometimes an issue because in the event of a fire or firedrill a roll needs to be taken and they won't know who's in or out.



  • Registered Users Posts: 3 Quicker


    That's interesting because I just found a video by Richard Grogan (RIP) that says even if you are paid for breaks you can do what you want on them, you can stand on your head if you want as he puts it 😂



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  • Posts: 1,539 ✭✭✭ [Deleted User]


    I'm civil service.

    If we leave the building for a break (other than lunch) we have to clock out on leaving and clock back in on returning so we will lose the time on the clock if we do leave the building.



  • Registered Users, Registered Users 2 Posts: 5,842 ✭✭✭donegal_man


    We can do what we want at lunch time but have to put out of office message up and be available on our work mobile.

    Honestly, I think the days of taking a lunch break are gone.



  • Registered Users, Registered Users 2 Posts: 7,757 ✭✭✭Trampas


    Lunch breaks gone? Why are people allowing companies take more of people’s time for nothing. If a company can get 8 people to work an extra hour a day for free then they save one person. Management making out more excuses why you should do it when really it’s someone higher up the chain getting the benefits from it. We’ve laws to prevent this but seems like employees are afraid to mention it as they feel if they do then they’ll be out the door



  • Registered Users, Registered Users 2 Posts: 5,842 ✭✭✭donegal_man


    I agree with you but the sad reality is that more and more employees are being forced either actively or passively to forego proper breaks.

    Our US colleagues have recently been "asked" to ensure their work mobiles are contactable at all times and to bring their laptops with them on vacation.



  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭AyeGer


    That’s a nightmare Donegal Man, so they can never fully switch off from work.

    Does this company’s name begin with P or O. Are they in letterkenny ?



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  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    You need to check out the laws dude. The days of taking a lunch break are far from gone. You must have one sh1t employer.

    Different employment laws in the US. Try discipline an employee here in Ireland for not being contactable while on a break or for not bringing their laptop on vacation and the company would soon be slapped down.

    I don't even have to be contactable while in work.



  • Registered Users, Registered Users 2 Posts: 11,143 ✭✭✭✭Jim_Hodge


    What slave trade are you in? Get a new job because that ain't right, legal, normal or worth the hassle.

    Post edited by Jim_Hodge on


  • Registered Users Posts: 431 ✭✭Jeremy Sproket


    Don't forget, if your break is interrupted, you can restart your break from scratch.

    You are entitled a full and uninterrupted 30 minutes, 60 minutes in retail.

    If you are on the 20th minute and your manager interrupts you and calls you back, you can start your break again, ie, a full 30 minutes, not just the 10 minutes you missed out on.



  • Registered Users, Registered Users 2 Posts: 7,699 ✭✭✭Gusser09


    Seriously? Im a civil servant and we wouldnt do that. Is it enforced though?



  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    I've never worked in a job where I wasn't permitted to leave the building during a break nor where there were different rules for clocking in or out depending on whether you took your break inside or outside the building.

    Just in case I'm misunderstanding you, are you saying you've to clock out if you leave the building for 15 minutes on a tea break but you don't have to clock out if you take 15 minutes for a cup of coffee in the staff canteen?

    I can't see that being enforcable, especially if you are civil service.



  • Registered Users, Registered Users 2 Posts: 2,192 ✭✭✭witchgirl26


    My mam was in healthcare & she would go just outside the hospital for a quick walk for her breaks. However there was a rule in the hospital about wearing uniforms outside so the general rule was to stay on premises & not go too far from that perspective.

    As an office employee, I've never left the premises for my tea breaks in the morning or afternoon as it was a bit much however I will leave at lunchtime for a bit to go for a walk or just get out.

    That's ok for the US but with the right to disconnect in Ireland, they cannot legally enforce that here. I know quite senior people who do bring their work phone on holidays so that they're contactable in case of an emergency situation. But they cannot be required to or even actually asked to. The joys of having much better employment legislation here. I used to work in a US based company & sometimes had to fight things like that but definitely worth the fight as they don't have a leg to stand on in the EU with that. And good luck to them even mentioning it somewhere like France, Germany or Spain!



  • Registered Users, Registered Users 2 Posts: 22,501 ✭✭✭✭Akrasia


    Does your IT department have proper provisions in place for working outside of a designated working environment? Do they actually want you to be using your work laptop in a cafe in Tenerife where anyone can intercept the wifi traffic or even overhear your phone conversation, or look over your shoulder and read what's on your screen?

    Is there a location where you can leave your device on holidays that keeps them secure (whats to stop someone sticking a hardware keylogger on your device when it's out of your physical posession....)

    Loads of companies say 'you can't work from home because of security concerns' but then insist that their employees take their laptop and phone home so they can do unpaid overtime at weekends and evenings

    Those people can **** off



  • Registered Users, Registered Users 2 Posts: 10,635 ✭✭✭✭greenspurs


    Where would you find the source of these regulations?

    "Bright lights and Thunder .................... " #NoPopcorn



  • Registered Users, Registered Users 2 Posts: 7,699 ✭✭✭Gusser09


    It's not enforced and doesn't happen. Now in certain cases where someone is taking the piss it might be used as a deterrent. But it's impossible to manage under performance and messing in the civil service so I just tend to look the other way. HR don't care either and don't want to be involved.



  • Registered Users, Registered Users 2 Posts: 278 ✭✭sekond


    We had an issue years ago, where one staff member was going out and doing practically a full grocery shop when the rest of the team were on their tea break. (The tea breaks were certainly longer than they should have been, which didn't help). The "you aren't meant to leave the premises during a tea break" was used as a gentle way of reining it in before it got any worse.

    That said, there's never been much of an issue with going out briefly at tea break time (to grab something from the chemist etc)



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  • Posts: 1,539 ✭✭✭ [Deleted User]


    Yes, that's correct. It's more to do with health and safety and who is in the building.

    I'm in the civil service over 30 years and you might have to dig back in the old circulars to find it, how often its enforced I can't speak for every department.

    I don't leave the building for morning breaks, so not an issue for me, but we did have staff who used to leave to go for coffee to a cafe across the road and the PO insisted they clock out. I think it was more to do with ensuring they weren't staying too long.

    We have a setting on the flexi clock that records "business absence" so if you have to leave the building for official business, you also have to clock out.

    Its one of those things that is not a problem, until someone who has unofficially left the building has an accident while clocked in.



  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭AyeGer


    I assume they can claim that time back if their Co workers are up in the canteen taking their paid break. Assuming the person doesn’t take longer than the stated break time.



  • Posts: 1,539 ✭✭✭ [Deleted User]


    There is nothing stopping them from applying for credit and their supervisor approving it as an authorised absence on the clock at their own discretion. But they could also refuse to authorise it.

    Any absence during core times has to be authorised, or recorded as a business absence. Lunch time differs in that it is not within core time.

    The OP asked a question and I answered it specific to my Dept.

    And the official line here is staff must clock out when leaving the building.



  • Registered Users, Registered Users 2 Posts: 12,509 ✭✭✭✭Flinty997


    Do people not on a flexi clock have to click in and out?



  • Registered Users, Registered Users 2 Posts: 7,699 ✭✭✭Gusser09


    It's yet another anomaly in the civil service I suppose. Different depts doing different things. I'd never heard of that before at all.



  • Moderators, Regional Abroad Moderators Posts: 2,281 Mod ✭✭✭✭Nigel Fairservice


    In my old department most people left the building for tea break and nobody clocked out. In my current department I believe you have to clock out if you leave the building on tea break and apply for the time back on the clock. I've never done it as I couldn't be bothered having to do that everyday. Just easier to stay in. I believe insurance/safety reasons were cited. I suppose I can see where they're coming from if someone had an accident outside of their official workplace but were still clocked in. I did a lot of overtime in my last department but you had to clock out before you started it. I wonder if there would have been any insurance issues if someone had an accident on the premises during overtime when clocked out. Probably not.



  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    I work in health and safety in the public sector. This is just my two cents. I'm not representing the views of my employer here.

    I can't see why you'd have to stop staff leaving the building on breaks for health and safety reasons. It's certainly not better for health and safety if you can leave if you clock but can't leave if you don't clock. How would clocking out help keep you safer than those who don't clock out? Another thing to remember is that lots of staff in the public sector don't have to clock in or out. How do those regulations keep them safe?

    The insurance thing is also a red herring. The State Claims Agency would indemnify everyone at work, i.e. doing work activities or activities necessary for your work ( e.g. work related travel). It wouldn't cover you if you got injured while you went to a coffee shop down the road for a coffee during your break. I don't see why the State would be concerned if you get injured in such scenarios. From an insurance perspective, they don't care if you have a crash while you are commuting to work so why should they care from an insurance perspective if you have an accident while 'off site' on a tea break. That's on your back.

    The only time I could see a possible health and safety issue would be if someone had to wear certain clothes as part of their job and these clothes had to stay sterile. Leaving the site might potentially increase the risk of someone bringing back contaminated clothing when returning from outside of the work premises. Not at all relevant for most public service administration jobs. It would only affect a fraction of a percent of public service workers.

    Another potential reason for clocking could be to identify who is in the building in the event of an emergency evacuation such as if there was a fire. Then a roll call could be carried out to identify if anybody was left in the burning building. That said, I think this is also a crap reason because roll calls are normally not done as part of a fire drill and if they are done, they can't be remotely accurate due to some people not clocking, going off-site to meetings etc.



  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭The Continental Op


    Another potential reason for clocking could be to identify who is in the building in the event of an emergency evacuation such as if there was a fire. Then a roll call could be carried out to identify if anybody was left in the burning building. That said, I think this is also a crap reason because roll calls are normally not done as part of a fire drill and if they are done, they can't be remotely accurate due to some people not clocking, going off-site to meetings etc.

    This reasoning gives me visions of someone fighting their way back into a building thats on fire so they can get a copy of who clocked in or out from the clock card system.

    Wake me up when it's all over.



  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    And if it's an electrical fire and the power goes out, there's no way to get a printout of who's in the building, leaving aside that I've never seen one that's been accurate. Or if the fire is near where the printer is, what do you do, beat back the flames while you wait for a printout? That's why I think it's a bullsh1t excuse.



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  • Registered Users, Registered Users 2 Posts: 12,509 ✭✭✭✭Flinty997


    Put the system in the cloud...access it remotely.

    Unless everyone clocks in people, not everyone will swipe.



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