The Organisation of Working Time Act, 1997 sets out a number of entitlements for employees one of which is rest breaks. Employees are entitled to a 15 minute break where they have worked in excess of 4.5 hours. Where the employee has worked in excess of 6 hours they break period is 30 minutes. There is not an entitlement to both. These breaks are unpaid.
If you have an employee who is entitled to a 15 minute break for example an employee working from 9.00 a.m. to 2.00 p.m. which is 5 hours. They should have a 15 min break in this period so effectively they work from 9.00 a.m to 2.15 p.m. Employers should not allow an employee to substitute their work break for leaving early. The WRC would not view this practice as justifiable and in addition is an issue in relation to health and safety. It is employers’ responsibility to ensure that employees receive the appropriate breaks.
It is also required under the Minimum Notice and Terms of Employment Act that break periods are specified in employee’s contracts of employment. The break periods should state whether they are paid or unpaid. Where rosters are worked this can be confirmed in the contract but there should also be reference to breaks being allocated as per shift rosters and confirming the period of the breaks and whether they are paid or unpaid.
Where employers may have shifts/rosters they need to ensure that their employees get a rest period of no less than 11 hours between shifts in each 24 hour period.
