For all your employees, it's vital they take a break during work. Doing so can help improve their productivity and their mental health. As well as their overall well-being and relationship with you as their employer.
As an employer, it's crucial you know what their break entitlements are and how to provide them. Not doing so can see you breach employment law, leading to claims being raised against you. Furthermore, you may be left with both financial and reputational damages.
In this guide, we'll discuss the break at work law, how many breaks employees are entitled to, and what happens if you don’t provide them.
What are breaks at work?
A break is a pause during work that an employee is entitled to, either under employment law or your terms and conditions of employment. They may take this rest break to eat their lunch or socialise with their colleagues.
It’s a vital part of their working day, especially during busy periods. It’s on you to ensure your employees take a break.
As an employer, it's important you understand your legal requirements when it comes to breaks.
What are the break laws in Ireland?
Under Irish law, minimum break and rest period entitlements are set out in the Organisation of Working Time Act 1997 (OWT). The OWT governs:
- Leave entitlements.
- Maximum working hours.
- Rest periods.
The act outlines what work breaks your employees are entitled to, according to their age and circumstances. For example, if they’re night workers.
How many breaks are employees entitled to?
Under the OWT Act, you have a legal requirement to provide employees with the following breaks during work:
- A 15-minute break every four and a half hours worked.
- A 30-minute break for every six hours worked (this can include the 15-minute break).
The break shouldn't be taken at the end of the working day. Also, employers aren't required to provide smoking breaks for their employees.
What are the break rules for shop workers?
It's important to remember that for shop workers, there's special rules in place. If a shop worker has worked for more than six hours, they are entitled to a one-hour consecutive break.
However, this break must be taken between 11:30am-2:30pm.
What are the break rules for breastfeeding mothers?
As an employer, you may have employees who are breastfeeding. So you should become familiar with their rest break entitlements. These include:
- 60-minutes time off: This can be taken as one 60-minute, two 30-minutes, or three 20-minute breaks.
- 60-minute reduction: A reduction can be made to their work hours by 60 minutes.
What are the break rules for night workers?
Under the OWT Act, a night worker is someone who works between midnight and 7am the next morning. It's important you understand their break entitlements, they are:
- A daily rest period of eleven consecutive hours per 24-hour period.
- A weekly rest period of 24 consecutive hours per seven days, following a daily rest period.
- A 15-minute break when more than four and a half hours have been worked.
- A 30-minute break when more than six hours have been worked, which may include the first break.
Are breaks at work paid?
No, there's no legal requirement to pay your employees for any breaks. However, you can choose to pay them, as long as it's included in your employment contracts.
For breastfeeding mothers, during the first two years of their baby's life their breaks are paid.
Are there any exceptions to breaks at work?
Yes whilst most workers are covered by the OWT Act for break times and rest periods, some employees aren't. For example:
- Employees who control their own working hours. For example, self-employed workers.
- Family employees on farms.
- Employees who work in transport activities.
- Certain categories in civil protection services.
Some employees may be entitled to a compensatory rest. This is when they take their break at a later time. For example, if someone has to suddenly cover for an ill employee.
As well as the above, there's sometimes special circumstances that mean an employee wouldn't get their normal breaks. These include:
- Exceptional circumstances: For example, an employee may have to miss their break due to an accident.
- Collective agreement to change work breaks: Any changes must be approved by the Labour Court or if there's a Registered Employment Agreement or an Employment Regulation Order.
- Shift work: For example, if employees work changing or split shifts.
What are the rest period entitlements between working days?
As well as having a break during a working day, employees have a legal right to periods of rest throughout their working week. Periods of rest mean ‘any time that is not working time’.
Employees have legal rights to both daily and weekly rest periods. Let's discuss them in more detail:
Daily rest period
Daily rest periods are breaks that an employee is entitled to every 24 hours. They should receive eleven consecutive hours of rest every 24 hours.
For example, if they finish working at 8pm, they shouldn't start working again until 7am the next day.
Weekly rest period
Weekly rest periods are whole days when they don't have to work. They’re usually called ‘days off’.
Employees have the right to:
- A weekly rest period of 24 consecutive hours in any seven days. This is following a daily rest period and should be a Sunday, unless their contract says otherwise.
- Two 24-hour periods of rest in a week, if this follows a week in which they didn't get any 24-hour rest periods.
What are the break entitlements for young workers?
You may have employees under 18 years old within your business. So, it's important you know what breaks young workers are entitled to. They should receive the following extra breaks:
Rest breaks for employees under 16
Employees under 16 are entitled to:
- Every four hours worked: a half-hour break.
- Daily rest break: 14 hours off (consecutively).
- Weekly rest break: Two days off (consecutively if possible).
Rest breaks for employees aged 16 and 17
Employees aged 16 or 17 are entitled to:
- Every four and a half hours worked: a half-hour break.
- Daily rest break: 12 hours off (consecutively).
- Weekly rest break: Two days off (consecutively if possible).
Can you be taken to the Workplace Relations Commission (WRC) over breaks at work?
Yes, because breaks are a legal entitlement, not providing them could lead to claims being made against you to the WRC.
Claims should be made within six months of the event occurring. If found guilty, you may be made to pay financial compensation. It's vital you provide all your employees with their legal entitlements - not doing so is against employment law.
Get expert advice on breaks at work with Peninsula
As a business owner, your employees must take proper breaks and rest periods. This period of time is used to rest and come back feeling refreshed. Providing breaks is a legal requirement, so it's important you understand your employees' entitlements.
Not doing so can lead to claims being raised against you, which could leave you with both financial and reputational damages.
If you would like further complimentary advice on work breaks from an expert, our advisors are ready to take your call any time day or night. Call us on 1800 719 216 or request a callback here.
