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| *Ostroff, Fair and Company>>>Law & Legal |
Can any union reps help? |
this is a long one. my mother works in a paint factory.two years ago they brought the smoking ban in and provided a smoking shelter.my mother asked if she could smoke in her car in the company car park and was told no.she has to clock out to go to the smoking shelter. which is situated in the carpark .so she asked if she could leave her car outside company property and smoke in there, she was told no because she cant leave the property in her 15 min break because she gets paid for it . every thing was fine until they took two sides of the shelter down yesterday due to legislation. she is dreading winter coming as it will be freezing in the ''shelter'' can she legally ask not to be paid for her breaks so that she can leave the site to smoke out in her car She can certainly ask for unpaid breaks Joe, although the company does not have to comply. Your mother has no legal right to a smoking break, unless it is stipulated in her contract. Source(s): ex union steward No i don't think so her hours and breaks should be in her contract of employment and it probably states clocking on and off times and the rules regarding this. if she does not she is leaving her self open to what ever discipline procedure the company lays down. I don't think there is much she can do, more is the pity. Addicts of nicotine, of which I'm one, do not get the same consideration as others with different addictions. I guess she has to find a substitute, like gum or patches. hi - not to sound too harsh!! but surely this is a time to be considering giving up smoking as apposed to all of this!! I think freezing whilst she is having a cigarette is not her main problem. It is really difficult to give up - I was a smoker of 30 a day. but with patches and help from my family i did it. And i am so glad I did. Sorry, she's SOL. The employer can get in serious trouble doing this. Tell her to get a ptach or something or try to quit. |
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