15 minute breaks...Legal question (Canada)

[Samedy]

It was always to my understanding that after working a certain amount of time an employer is required to give you a 15 minute break. Is this true?

 

What about jobs where breaks aren't possible, do employers have to compensate that employee in another way?

 

The reason I ask is because I work with clients. And a lot of times you don't get a break at all, through the whole day. The upside has always been most days you get off work an hour or so early. At the time it seemed to balance out. Now, with the way of the economy, my employer is telling people that 'no' you can't end your shift early, they own your time for 7.5 hours, with or without breaks.

 

Is this legit?

[Aurian]

Well, it seems that way to me. I looked at my workplaces' HR site and found what the company was obligated to do, but it didn`t refer to any law or suchlike (I am in Canada and work for a large Canadian business).

 

Can you check your company's HR site perhaps?

[dreamwarrior]

Sorry Samedy I live in the States so I am not to sure about the laws in Canada, but if you don't give your employees a 15 minute break after the first two hours, lunch after 4 hours and last break after 6 then the company can be in big big trouble. Is it mandatory here..."oh yes".

[Samedy]

Any ideas where I would go to find that information out?

 

I'm not looking to cause trouble with my employer, but at the same time if they are going to nickel and dime my time, then I should really be doing the same. Otherwise I am just letting them take advantage of me/employees.

[dreamwarrior]

Do you have a union, HR department, state labor board...there are guidelines a company must follow...you should PM our moderator DN he may have some very good suggestions for you...also Samedy, you should never allow anyone including an employer to take advantage of you...that is just so wrong...hon, if you don't get your breaks or lunch you are jeopardizing your health and perhaps the lives of others. You need your nutrition and if not people are only human they get tired and hungry and it's a safety issue as well as a health issue...Canada is not a 3rd world country where the employers are allowed to abuse their employees...You are an industrialized country with laws.

 

This angers me to no end to hear that employers in this day and age are doing this to people.

 

Did you ever discuss this problem with your employer about this before? Employers are trying to use the economy problems as a way to get away with abusing the employee, but don't fall for it...because if you get hurt it's going to cost them more in the end rather if they were to have just given you a freakin' break.

[itsallgrand]

Did you find an answer?

 

It can be tricky. Some of it depends on where you work sometimes (the company, or Co-op, or wherever you happen to work). link removed

 

I'd suggest digging back up your copy of the employment agreement you would have signed when you started out.

 

Some companies work into their agreements loop-holes so that they can get away with things. There are different legalities from province to province, too. I only know for mine.

 

Here's what I found so far for you, the Employment Standards Code: link removed

 

I don't see any mention at all about mandatory 15 'coffee' or 'rest' breaks. It only mentions 30 minutes for eating.

[Portage]

i loathe the smoke breaks my co-workers are entitled too, though, non-smokers do not get the same breaks throughout the day...i need to take this up with the head honcho. I'm tired of accepting when others get more than their share.

 

"i am addicted therefore within my right to break for my nicotine high"

 

Perhaps my own fault for letting it go on for such a lengthy period...

[Samedy]

Did you find an answer?

 

It can be tricky. Some of it depends on where you work sometimes (the company, or Co-op, or wherever you happen to work). link removed

 

I'd suggest digging back up your copy of the employment agreement you would have signed when you started out.

 

Some companies work into their agreements loop-holes so that they can get away with things. There are different legalities from province to province, too. I only know for mine.

 

Here's what I found so far for you, the Employment Standards Code: link removed

 

I don't see any mention at all about mandatory 15 'coffee' or 'rest' breaks. It only mentions 30 minutes for eating.

 

I didn't find anything specific, but I did find an internet site that advertised about looking after employee rights. I just finished sending them an anonymous email (not revealing my name or company) explaining the situation.

[Samedy]

 

Did you ever discuss this problem with your employer about this before? Employers are trying to use the economy problems as a way to get away with abusing the employee, but don't fall for it...because if you get hurt it's going to cost them more in the end rather if they were to have just given you a freakin' break.

 

There seem to be problems that you can and cannot bring up with supervisors. If you are concerned about a sidewalk being slippery, that is fine.. But if you bring into question company policy, or the treatment of staff (anything remotely hinting at a union), you will get sacked. *At least that is what the word is*

[Alezia]

I think they are obliged to give you 15 minutes if you work 4 hours or more and 30 minutes break if you work a full day (7.5 hours).

[rikka]

Daily Rest Periods

 

During each shift in excess of five consecutive hours of work, an employee is entitled to at least a one-half hour break, except where it is unreasonable or impossible. The break can be paid, or unpaid, at the employer's discretion.

 

This means that where a shift is less than 5 hours in length the employer is not obliged to provide a rest period. Where the shift is longer than 5 hours (e.g. 8 or 9 hours) the obligation of the employer is to provide at least 30 minutes of break time sometime during the shift. The 30 minutes can be taken in one unbroken period but may be provided as two 15-minute or three 10-minute breaks.

 

This, of course, is the minimum standard, and in practice for a full day shift the amount of break time provided is frequently more than the specified minimum.

 

link removed (from the government of Alberta website).