Is it illegal not to be allowed to have a lunch break at work?

Question

For Australia - sydney

I have been kind off promoted, but not allowed to have lunch breaks like some of the managers in the office.

I have to eat at my desk.

I am on a yearly salary now, i do not get paid by the hour anymore.

Do office (admin) and computer (networking).

How can i ask for a lunch break?

Answer 1

It depends. Are you working under an award? If so you will need to have a look at the conditions set out in it. For instance under some awards (Hospitality is one of them) if you are not granted a one hour lunch break/dinner break after five hours of working then you are entitled to be paid an additional 75% loading per hour for every hour over the first five hours worked.

If you have signed an AWA then you would need to check out the conditions in that.

If you are allowed a break, but you're not allowed to leave the building this may not be illegal. Like it or loathe it some companies have policies about where you can eat your lunch. So if you get 30mins to eat lunch and relax even if it must be at your desk, that could still count as a lunch break.

If you're unsure what governs your employment agreement, have a talk to human resources (if available - or designated person). They will be able to show you the terms and conditions of your contract as well as let you know of any policies in place.

It might be worthwhile to contact your union (if you are a member) as well. They can provide free legal advice, and in the case of what your employer is doing is legal, they could perhaps lobby to allow you to have your lunch break.

It may also be worthwhile talking to your manager and just explaining that you would prefer a proper lunchbreak. You could try and compromise (ie; you have 2 proper lunch breaks a week and have 3 lunch breaks at your desk).

Good luck!

Answer 2

In Montana, it is NOT required for you to have breaks, though all the jobs I have had do provide them. However, I feel for you. My sister, who works in retail, often ends up working nine hours on the registers without a break despite having the right to 2 15-minute breaks and a one-hour lunch break. Her cruddy co-workers, when she asks them to cover her, say they are too busy with their own projects, but THEY get breaks where they can smoke and eat! As a result, she takes a couple of snacks and a drink to work so she has something to eat. I recommend you do the same, and pick foods with protein, since I suspect you get lightheaded when you don't eat. Sorry for the rant, but if anyone read to the end, I sincerely thank you.

Answer 3

The minimum standard in Australia is that you have to be allowed a 20 minute break for (and this is from memory) every 6 hours you work.

Depending on your job and position there may be additional rules associated with this. For example, in Australia lunch breaks are unpaid, which means if you are on any flexitime, or hourly rate, then they have to pay you if they make you stay at your desk.

In addition, there are certain occupational health and safety issues associated with not being allowed a lunch break. In fact, it is effectively illegal to refuse to take your lunch break (though of course many people do).

It all sounds very stupid, make a call to the Industrial Relations Commission, find the facts. Then get this rule in writing, if they refuse to put it in writing (which I bet they are too bloody gutless to do), send a polite email saying something like "About our conversation the other day, the rules say I am entitled to a lunch break, so I will be taking one. Though of course I will try and make sure I take my break when there are other people in the office". Then unless they reply to you in writing, there is no proof that they ever ordered you to do this and so can't fire you for it.

If they put it in writing, do something similar, saying the rules require a break. Be polite about it.

And yes, there are stupid idiot managers everywhere who will flaunt the rules simply because they don't treat people with respect. Get far away from them as possible, because if they insist on your working in this way now, what will they do to you later?

Answer 4

Its not legal in the State of California to keep employees from a lunch break (minimum of a half hour). Couldn't tell ya for Australia.

Answer 5

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