lunch breaks and do you HAVE to take a break

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-XD-
Posts: 57
Joined: Tue Sep 28, 2010 8:30 pm

lunch breaks and do you HAVE to take a break

Post by -XD- » Wed Jul 09, 2014 11:45 pm

Hi all!
I have a question about lunch breaks for cleaning jobs (collective agreement is kiinteistopalvelualan tyontekijoita koskeva tyoehtosopimus).

For the last 2.5 years that I have been working there, I almost never took lunch break even when working 8, 9 or 10 hours. Mostly simply because I didn't need a break for eating or resting, and when there is such a long day I would prefer to get everyting done and go home, instead of taking a break and wasting 30more minutes (breaks are never paid btw). Also there is no real place where we can go, like a comfortable places where we could stay, just a random storage place or the locker rooms. So I thought why spend 30 minutes doing nothing and not getting paid if I can't really relax anyway and don't enjoy it and everything was ok.

But now they informed us that for shifts longer than 6 hours we HAVE to take a break. Does it say anywhere in the collective agreement that we HAVE to take the lunch break no matter what? Can't it be considered that I prefered to go home 30min earlier, or to go to work 30min later? I seriously do not feel like spending 2.5 hours every week in a locker room staring at the wall for free.
Any opinions appreciated, thanks :)

Edit: this is what I found online

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lunch breaks and do you HAVE to take a break

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Rick1

Re: lunch breaks and do you HAVE to take a break

Post by Rick1 » Thu Jul 10, 2014 10:29 am

The employer really does not mind if you work without breaks but the unions/government/law do (which is good since this should be a civilized country and that is why so many people want to come here it seems). The employer is now protecting itself from fines/courtcases when they do not follow the law. So you have to take a break, which will make you to continue untill 70 years old.

cors187
Posts: 1861
Joined: Sun Feb 06, 2011 11:59 pm
Location: land of the thunder hammers

Re: lunch breaks and do you HAVE to take a break

Post by cors187 » Fri Jul 11, 2014 5:09 pm

-XD- wrote:Hi all!
I have a question about lunch breaks for cleaning jobs (collective agreement is kiinteistopalvelualan tyontekijoita koskeva tyoehtosopimus).

For the last 2.5 years that I have been working there, I almost never took lunch break even when working 8, 9 or 10 hours. Mostly simply because I didn't need a break for eating or resting, and when there is such a long day I would prefer to get everyting done and go home, instead of taking a break and wasting 30more minutes (breaks are never paid btw). Also there is no real place where we can go, like a comfortable places where we could stay, just a random storage place or the locker rooms. So I thought why spend 30 minutes doing nothing and not getting paid if I can't really relax anyway and don't enjoy it and everything was ok.

But now they informed us that for shifts longer than 6 hours we HAVE to take a break. Does it say anywhere in the collective agreement that we HAVE to take the lunch break no matter what? Can't it be considered that I prefered to go home 30min earlier, or to go to work 30min later? I seriously do not feel like spending 2.5 hours every week in a locker room staring at the wall for free.
Any opinions appreciated, thanks :)

Edit: this is what I found online
The company pays for your breaks so you should have incuded an extra 30 min a day on your time card for the last few years.
Your owed 15min braek after 4 hrs work and 15 min break after 6hr work.\
The company owes you 30 min of paid rest time every day.
They have the right to dictate if and when you have these breaks.

If you do work in that 30 min(employer provided breaks) every 6 hrs then you are working for free.
Lunch break is optional and its on your own time. Thery need to provide you with upto 1hr of your working day for a lunch break if you choose to have 1hr.

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Pursuivant
Posts: 15089
Joined: Thu Mar 11, 2004 11:51 am
Location: Bath & Wells

Re: lunch breaks and do you HAVE to take a break

Post by Pursuivant » Fri Jul 11, 2014 11:25 pm

Well, its "in the law" so filling in my time sheets (which has nothing to do with my actual work/hours) i need to copy my day task and split it in two and have a lunch in betweeen
"By the pricking of my thumbs,
Something wicked this way comes."

inkku
Posts: 935
Joined: Wed Apr 04, 2007 8:26 pm

Re: lunch breaks and do you HAVE to take a break

Post by inkku » Sat Jul 12, 2014 8:42 am

If you cannot leave the place for lunch break, then it is considered work time. That stands even in the excerpt your provided. So if you have to take a break and you can only go to a locker-room or similar, then it is paid time. However, check with your trade union as well.


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