Just wondering if somebody could clarify whether my daughters breaks today are within guidelines?
She's 17 and has a part time job. Today she was in for an 8 hour shift. Normally she would get a half hour break somewhere in the middle of this but today she had only worked for 1 hour when she was told to take her break leaving her with 6.5 hours to work. She was told if she took another break it would be unpaid. She didn't want or need the first break. Are they right in doing this?
The general rule on breaks is that you are entitled to a break of 15 minutes after a 4 ½ hour work period. If you work more than 6 hours you are entitled to a break of 30 minutes, which can include the first 15-minute break.
Rest periods and breaks - Citizens Information
www.citizensinformation.ie/en/employment/...work/rest_periods_and_breaks.htm
Workers under 18 are entitled to a 30 minute (unpaid) break if they work for more than 4.5 hours. Employers are entitled to choose when that break occurs as long as it's not right at either end of the shift. So it's perfectly lawful.
I suppose the company/business needs to stagger the breaks and if it's a shop/cafe (just guessing) the lunchtime is probably the busiest time. 6.5 hours is a long stint though and I think a good employer would allow another short paid break of say 10 minutes.
I'm sure Buenchico's interpretation is correct but it does seem odd that someone who works say 5 hours must have a break whereas this employee, does a 6.5 hour stint doesn't automatically get a break (because she had one earlier)- although I suppose the company can say the option of another unpaid break was made available but wasn't taken up