Organisation of Working Time Act 1997

Changes to legislation: as of 12 September 2024, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the Organisation of Working Time Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Civil Defence Act 2023 (17/2023), enacted 26 June 2023, and all statutory instruments up to and including the Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement) Order 2023 (S.I. No. 341 of 2023), made 29 June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

Number 20 of 1997

ORGANISATION OF WORKING TIME ACT 1997

Updated to 3 July 2023

ARRANGEMENT OF SECTIONS

Preliminary and General

Minimum Rest Periods and other matters relating to Working Time

Transitional Provisions In Relation To Annual Leave Entitlements

Entitlement under section 21 in respect of Public Holidays:

Transitional Provisions in relation to section 15 (1)

Text of Council Directive

Acts Referred to

Holidays (Employees) Acts, 1973 and 1991

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Petty Sessions (Ireland) Act, 1851

Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991

Redundancy Payments Acts, 1967 to 1991

Unfair Dismissals Acts, 1977 to 1993

Number 20 of 1997

ORGANISATION OF WORKING TIME ACT 1997

Updated to 3 July 2023

AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 93/104/EC OF 23 NOVEMBER 1993 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING CERTAIN ASPECTS OF THE ORGANIZATION OF WORKING TIME, TO MAKE PROVISION OTHERWISE IN RELATION TO THE CONDITIONS OF EMPLOYMENT OF EMPLOYEES AND THE PROTECTION OF THE HEALTH AND SAFETY OF EMPLOYEES, TO AMEND CERTAIN ENACTMENTS RELATING TO EMPLOYEES, TO REPEAL THE CONDITIONS OF EMPLOYMENT ACTS, 1936 AND 1944, THE HOLIDAYS (EMPLOYEES) ACTS, 1973 AND 1991, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [7th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.

(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

are transferred to the Minister for Business, Enterprise and Innovation.

(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.

ACTS OF THE OIREACHTAS

Organisation of Working Time Act 1997 (No. 20 of 1997)

Editorial Notes:

Redress and appeal procedures in respect of entitlements under Act provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 7, sch. 6 part 1 item 10, sch. 6 part 2 item 10, S.I. No. 410 of 2015.

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 5, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

Previous affecting provision: functions transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5 ; superseded as per C-note above.

Preliminary and General

Short title and commencement.

1.— (1) This Act may be cited as the Organisation of Working Time Act, 1997.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Annotations

Editorial Notes:

Power pursuant to subs. (2) exercised (various dates) by Organisation of Working Time Act 1997 (Commencement) Order 1997 (S.I. No. 392 of 1997).

3. The 30th day of September, 1997, is hereby fixed as the day on which the following provisions of the Act shall come into operation, namely:

(a) sections 1 to 8 and 10,

(b) section 9 in so far as it relates to the Holidays (Employees) Act, 1973, and section 4 of the Worker Protection (Regular Part-Time Employees) Act, 1991,

(d) sections 17 to 23 and 25 to 41,

(e) subsections (8) and (9) of section 24,

(f) the First, Second and Third Schedules,

(g) the Fourth Schedule in so far as it relates to the enactments referred to in paragraph (b) of this Article,

(h) paragraphs 5, 6, 8 and 9 of the Fifth Schedule, and

(i) the Sixth Schedule.

4. The 30th day of November, 1997, is hereby fixed as the day on which the following provisions of the Act shall come into operation, namely:

(a) subsections (1) to (7) and (10) of section 24, and

(b) paragraphs 3, 4 and 7 of the Fifth Schedule.

5. The 1st day of March, 1998, is hereby fixed as the day on which the following provisions of the Act shall come into operation, namely:

(a) section 9 in so far as it relates to any enactment other than one referred to in Article 3(b) of this Order,

(b) sections 11 to 14 and 16,

(d) the Fourth Schedule in so far as it relates to any enactment other than one referred to in Article 3(b) of this Order,

(e) paragraphs 1 and 2 of the Fifth Schedule.

2.— (1) In this Act—

F1 [ "the Activities of Doctors in Training Regulations" means the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 ( S.I. No. 494 of 2004 ); ]

F2 [ "adjudication officer" means an adjudication officer appointed under section 40 of the Workplace Relations Act 2015 ; ]

“” shall be construed in accordance with section 19;

“” means an agreement by or on behalf of an employer on the one hand, and by or on behalf of a body or bodies representative of the employees to whom the agreement relates on the other hand;

F2 [ "collective bargaining" shall be construed in accordance with the Industrial Relations Acts 1946 to 2015. ]

(a) a contract of service or apprenticeship, and

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

whether the contract is express or implied and if express, whether it is oral or in writing;

“” means Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time (1) , the text of which (other than the second sentence of Article 5) is, for convenience of reference, set out in the Sixth Schedule;

“” means a person of any age, who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of F3 [ this Act and the Activities of Doctors in Training Regulations ] , a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act, 1956) shall be deemed to be an employee employed by the State or Government, as the case may be, and an officer or servant of a local authority for the purposes of the F4 [ Local Government Act 2001 (as amended by the Local Government Reform Act 2014), ] or of a harbour authority, health board or F5 [ a member of staff of an education and training board ] shall be deemed to be an employee employed by the authority, board or committee, as the case may be;

“” means in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer;

F6 [ " " means an employment regulation order within the meaning of Part IV of the Industrial Relations Act 1946 ; ]

“” has the meaning assigned to it by the Redundancy Payments Act, 1967;

“” means a year beginning on any 1st day of April;

“” means the Minister for Enterprise and Employment;

“” means an employee who is employed under a contract of service to do work for his or her employer in the employee’s own home or in some other place not under the control or management of the employer, being work that consists of the making of a product or the provision of a service specified by the employer;

“” means prescribed by regulations made by the Minister under this Act;

“” shall be construed in accordance with the Second Schedule;

“” has the meaning assigned to it by section 25 of the Industrial Relations Act, 1946;

“” means any time that is not working time;

“” has the meaning assigned to it by the Redundancy Payments Act, 1967;

“” means any time that the employee is—

(a) at his or her place of work or at his or her employer’s disposal, and

(b) carrying on or performing the activities or duties of his or her work,

and “” shall be construed accordingly.

(2) A word or expression that is used in this Act and is also used in the Council Directive has, unless the contrary intention appears, the meaning in this Act that it has in the Council Directive.

(a) a reference to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Annotations

Inserted (1.08.2004) by European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004), reg. 12(a)(i).

Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 13, S.I. No. 69 of 2019.

Substituted (1.08.2004) by European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004), reg. 12(a)(ii).

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. No. 214 of 2014.

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013) s. 72 and sch. 6 item 22, S.I. 211 of 2013.

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 16(2), S.I. No. 302 of 2012.

Modifications (not altering text):

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

are transferred to the Minister for Business, Enterprise and Innovation.

ACTS OF THE OIREACHTAS

Organisation of Working Time Act 1997 (No. 20 of 1997)

Editorial Notes:

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 purported to allow the making of employment regulation orders. These provisions and employment regulation orders made under them were declared unconstitutional in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277.

Power pursuant to section and sch. 2 para. 1(g) exercised (14.09.2011) by Organisation of Working Time (National Day of Mourning) Regulations 2001 (S.I. No. 419 of 2001).

Power pursuant to section and sch. 2 para. 1(g) exercised (31.12.1999) by Organisation of Working Time (Public Holiday) Regulations 1999 (S.I. No. 10 of 1999).

Previous affecting provisions: functions transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5; superseded as per C-note above.

(1) O.J. No. L307, 13.12.93, p.18

Non-application of Act or provisions thereof.

3.— (1) Subject to subsection (4), this Act shall not apply to a member of the Garda Síochána or the Defence Forces.

(2) Subject to subsection (4), Part II shall not apply to—

(a) a person engaged in—

(ii) other work at sea, or

(iii) the activities of a doctor in training,

(b) a person—

(i) who is employed by a relative and is a member of that relative’s household F7 [ or is employed by the person ’ s civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] , and

(ii) whose place of employment is a private dwelling house or a farm in or on which he or she and the relative F7 [ or civil partner ] reside, or

(c) a person the duration of whose working time (saving any minimum period of such time that is stipulated by the employer) is determined by himself or herself, whether or not provision for the making of such determination by that person is made by his or her contract of employment.

(3) The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by regulations exempt from the application of a specified provision or provisions of this Act persons employed in any specified class or classes of activity—

(a) involving or connected with the transport (by whatever means) of goods or persons, or

(b) in the civil protection services where, in the opinion of the Minister and any other Minister of the Government in whom functions stand vested in relation to the service concerned, the inherent nature of the activity is such that, if the provision concerned were to apply to the said person, the efficient operation of the service concerned would be adversely affected.

(4) The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by order provide that a specified provision or provisions of this Act or, as the case may be, of Part II shall apply to a specified class or classes of person referred to in subsection (1) or (2) and for so long as such an order remains in force the said provision or provisions shall be construed and have effect in accordance with the order.

(5) The reference in subsection (4) to an order in force shall, as respects such an order that is amended by an order in force under section 7 (4), be construed as a reference to the first-mentioned order as so amended.

(6) In this section “”, in relation to a person, means his or her spouse, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother or half-sister.

Annotations

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 5, item 18, S.I. No. 648 of 2010.

Editorial Notes:

Power pursuant to subs. (3) exercised (31.07.2015) by Organisation of Working Time (Non-Application of Certain Provisions to Persons Performing Mobile Road Transport Activities) Regulations 2015 (S.I. No. 342 of 2015).

Power pursuant to section exercised (3.12.2009) by Organisation of Working Time (Exemption of Civil Protection Services) (Amendment) Regulations 2009 (S.I. No. 478 of 2009).

Power pursuant to section exercised (1.03.1998) by Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (S.I. No. 52 of 1998).

Power pursuant to subs. (6) exercised (1.03.1998) by Terms of Employment (Additional Information) Order 1998 (S.I. No. 49 of 1998).

Previous affecting provision: power pursuant to subs. (3) exercised (1.03.1998) by Organisation of Working Time (Exemption of Transport Activities) Regulations 1998 ( S.I. No. 20 of 1998); revoked (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 5.

4.— (1) Without prejudice to section 6, section 11 or 13 or, as appropriate, both these sections shall not apply, as respects a person employed in shift work, each time he or she changes shift and cannot avail himself or herself of the rest period referred to in section 11 or 13 or, as the case may be, both those sections.

(2) Without prejudice to section 6, sections 11 and 13 shall not apply to a person employed in an activity (other than such activity as may be prescribed) consisting of periods of work spread out over the day.

(3) Subject to subsection (4), the Minister may by regulations exempt from the application of section 11, 12, 13, 16 or 17 any activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or any specified class or classes of such activity, and regulations under this subsection may, without prejudice to section 6, provide that any such exemption shall not have effect save to the extent that specified conditions are complied with.

(4) Where the Minister proposes to make regulations under subsection (3), the Minister shall consult with such persons as he or she considers to be representative of the employers and employees who, in the opinion of the Minister, are likely to be affected by the proposed regulations.

(5) Without prejudice to section 6, if—

(a) a collective agreement that for the time being stands approved of by the Labour Court under section 24, or

(b) a registered employment agreement,

provides that section 11, 12 or 13 shall not apply in relation to the employees to whom the agreement for the time being has effect, or a specified class or classes of such employees, section 11, 12 or 13, as the case may be, shall not apply in relation to those employees or the said class or classes of such employees.

(6) Without prejudice to section 6, an employment regulation order may include one or more provisions providing that section 11, 12 or 13 shall not apply in relation to the employees to whom the order relates or a specified class or classes of such employees.

Annotations

Editorial Notes:

Power pursuant to section exercised (1.01.2005) by Organisation of Working Time (Inclusion of Offshore Work) Regulations 2004 (S.I. No. 819 of 2004).

Power pursuant to subs. (3) exercised (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004).

Power pursuant to section exercised (1.03.1998) by Organisation of Working Time (General Exemptions) Regulations 1998 (S.I. No. 21 of 1998).

Employer relieved from complying with certain provisions in certain circumstances.

5.— Without prejudice to section 6, an employer shall not be obliged to comply with section 11, 12, 13, F8 [ 16 , 17 or 18A ] where due to exceptional circumstances or an emergency (including an accident or the imminent risk of an accident), the consequences of which could not have been avoided despite the exercise of all due care, or otherwise to the occurrence of unusual and unforeseeable circumstances beyond the employer’s control, it would not be practicable for the employer to comply with the section concerned.

Annotations

Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 14, S.I. No. 69 of 2019.

Compensatory rest periods.

6.— (1) Any regulations, collective agreement, registered employment agreement or employment regulation order referred to in section 4 that exempt any activity from the application of section 11, 12 or 13 or provide that any of these sections shall not apply in relation to an employee shall include a provision requiring the employer concerned to ensure that the employee concerned has available to himself or herself such rest period or break as the provision specifies to be equivalent to the rest period or break, as the case may be, provided for by section 11, 12 or 13.

(2) Where by reason of the operation of subsection (1) or (2) of section 4, or section 5, an employee is not entitled to the rest period or break referred to in section 11, 12, or 13 the employer concerned shall—

(a) ensure that the employee has available to himself or herself a rest period or break, as the case may be, that, in all the circumstances, can reasonably be regarded as equivalent to the first-mentioned rest period or break, or

(b) if for reasons that can be objectively justified, it is not possible for the employer to ensure that the employee has available to himself or herself such an equivalent rest period or break, otherwise make such arrangements as respects the employee’s conditions of employment as will compensate the employee in consequence of the operation of subsection (1) or (2) of section 4, or section 5.

(3) The reference in subsection (2) (b) to the making of arrangements as respects an employee’s conditions of employment does not include a reference to—

(a) the granting of monetary compensation to the employee, or

(b) the provision of any other material benefit to the employee, other than the provision of such a benefit as will improve the physical conditions under which the employee works or the amenities or services available to the employee while he or she is at work.

Annotations

Editorial Notes:

Compliance notice procedure in respect of subs. (2) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Code for purposes of section adopted (24.02.1998) by Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) (Declaration) Order 1998 ( S.I. No. 44 of 1998).

Regulations and orders.

7.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) Regulations under this Act may make different provisions in relation to different classes of employees or employers, different areas or otherwise by reference to the different circumstances of the matter.

(3) A regulation or order under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient.

(4) The Minister may by order amend or revoke an order under this Act (other than an order under section 1 (2) but including an order under this subsection).

(5) A regulation or order under this Act (other than an order under section 1 (2)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling that regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

Power pursuant to section exercised (7.02.2022) by Organisation of Working Time (Covid-19 Commemoration) Regulations 2022 (S.I. No. 50 of 2022).

Power pursuant to section exercised (31.07.2015) by Organisation of Working Time (Non-Application of Certain Provisions to Persons Performing Mobile Road Transport Activities) Regulations 2015 (S.I. No. 342 of 2015).

Power pursuant to section exercised (1.11.2001) by Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 (S.I. No. 473 of 2001), subject to restriction of application (1.08.2004) by European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004), reg. 11(5).

Power pursuant to subs. (3) exercised (1.03.1998) by Organisation of Working Time (Breaks At Work For Shop Employees) Regulations 1998 (S.I. No. 57 of 1998).

Power pursuant to section exercised (8.12.1997) by Organisation of Working Time (Determination of Pay For Holidays) Regulations 1997 (S.I. No. 475 of 1997).

Annotations

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 10, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Editorial Notes:

Previous affecting provision: subs. (2), (3), (3)(b), (3)(e), and (9) amended (1.08.2004) by European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004, S.I. No. 494 of 2004, reg. 12(b); repealed as per F-note above.

9.— Each enactment specified in the Fourth Schedule is hereby repealed to the extent specified in the third column of that Schedule.

Section 10

10.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Minimum Rest Periods and other matters relating to Working Time

Section 11

Daily rest period.

11.— An employee shall be entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which he or she works for his or her employer.

Annotations

Modifications (not altering text):

Application of section restricted (27.07.2022) by European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), reg. 3(3).

3. (1) These Regulations shall apply to workers employed on board a craft operated within the State in the commercial inland waterway transport sector.

(2) Inland waterway transport operators shall not be considered workers within the meaning of these Regulations, even if they have the status of workers in their own undertaking.

(3) Sections 11, 12, 13, 15, 16, 19 and 25 of the Organisation of Working Time Act, 1997 (No. 20 of 1997) do not apply to workers employed on board a craft operated in the commercial inland waterway transport sector.

Application of section restricted (1.10.2015) by Organisation of Working Time (Non-Application of Certain Provision to Persons Performing Mobile Road Transport Activities) Regulations 2015 (S.I. No. 342 of 2015), reg. 3.

Non-application of Act

3. Sections 11, 12, 13, 15 and 16 of the Act do not apply to persons performing mobile road transport activities as defined in Directive 2002/15/EC.

Application of section restricted (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 6.

6. Mobile Workers are exempted from the application of sections 11, 12, 13 and 16 of the Act.

Application of section restricted (1.03.1998) by Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (S.I. No. 52 of 1998), reg. 3 and sch. as amended (3.12.2009) by Organisation of Working Time (Exemption of Civil Protection Services) (Amendment) Regulations 2009 (S.I. No. 478 of 2009).

3. The persons employed in each of the classes of activity specified in the Schedule to these Regulations are, as respects the carrying out of the duties involved in that activity, hereby exempted from the application of sections 11, 12, 13, 15 and 16 of the Organisation of Working Time Act, 1997 (No. 20 of 1997).

1. The activity of a person employed in a prison or place of detention, being an activity that involves the maintenance of security in that prison or place of detention or the control or care of prisoners and which cannot be carried on within the normal rostering schedules applicable to that prison or place of detention.

2. The activity of a person employed by a fire authority in the position commonly known as retained fire fighter.

3. The activity of a person, other than a member of the Garda Síochána, employed as an authorised officer (within the meaning of the Air Navigation and Transport Acts, 1950 to 1988, and any enactment amending or extending those Acts).

4. The activity of a person employed by Dublin Port Company as a member of its harbour police.

[5. The activities of—

(a) persons employed by the Irish Coast Guard, and

(b) other persons (including contractors of the Irish Coast Guard) carrying out an activity in support of the emergency service of the Irish Coast Guard,not being an activity of a clerical nature.]

Editorial Notes:

Compliance notice procedure in respect of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 purported to allow the making of employment regulation orders under which application of this section could be restricted. These provisions and employment regulation orders made under them were declared unconstitutional in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277.

Previous affecting provision: application of section restricted (31.12.2010) by Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), art. 3 and sch., part III.

Previous affecting provision: application of section restricted (3.05.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 164 of 2010), Part III; revoked (31.12.2010) by Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), reg. 3.

Previous affecting provision: application of section restricted (14.04.2008) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2008 (S.I. No. 93 of 2008) reg. 2 and sch. part II(3); revoked (3.05.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee 2010 (S.I. No. 164 of 2010), reg. 3.

Previous affecting provision: application of section restricted (11.05.2007) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2007 (S.I. No. 190 of 2007), reg. 2; revoked (14.04.2008) by Employment Regulation Order (Agricultural Workers Joint Labour Committee 2008 (S.I. No. 93 of 2008), reg. 3.

Previous affecting provision: application of section restricted (1.01.2007) by Employment Regulation Order (Security Industry Joint Labour Committee) 2006 (S.I. No. 500 of 2006), art. 2 and sch., part II, Conditions of Employment (iii).

Previous affecting provision: application of section restricted (23.02.2006) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2006 (S.I. No. 24 of 2006), reg. 2; revoked (11.05.2007) by Employment Regulation Order (Agricultural Workers Joint Labour Committee 2007 (S.I. No. 190 of 2007), reg. 3.

Previous affecting provision: application of section restricted (22.07.2005) byEmployment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 375 of 2005), reg. 2; revoked (23.02.2006) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 24 of 2006), reg. 3.

Previous affecting provision: application of section restricted (1.07.2005) by Employment Regulation Order (Security Industry Joint Labour Committee) 2005 (S.I. No. 78 of 2005), sch., part II, Conditions of Employment (iii); revoked (1.01.2007) by Employment Regulation Order (Security Industry Joint Labour Committee) 2006 (S.I. No. 500 of 2006), reg. 3.

Previous affecting provision: application of section restricted (1.02.2004) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2004 (S.I. No. 33 of 2004), reg. 2; revoked (22.07.2005) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 375 of 2005), reg. 3.

Previous affecting provision: application of section restricted (1.01.2004) by Employment Regulation Order (Security Industry Joint Labour Committee) 2003 (S.I. No. 631 of 2003), reg. 2 and sch., part II, Conditions of Employment (iii); revoked (1.07.2005) by Employment Regulation Order (Security Industry Joint Labour Committee) 2005 (S.I. No. 78 of 2005), reg. 3.

Previous affecting provision: application of section restricted (23.05.2003) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2003 (S.I. No. 185 of 2003), reg. 2; revoked (1.02.2004) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2004 (S.I. No. 33 of 2004), reg. 3.

Previous affecting provision: application of section restricted (23.04.2002) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2002 (S.I. No. 136 of 2002), reg. 2; revoked (23.05.2003) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2003 (S.I. No. 185 of 2003), reg. 3.

Previous affecting provision: application of section restricted (12.04.2001) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2001 (S.I. No. 123 of 2001), reg. 2; revoked (23.04.2002) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2002 (S.I. No. 136 of 2002), reg. 3 .

Previous affecting provision: application of section restricted (1.03.2001) by Employment Regulation Order (Security Industry Joint Labour Committee) 2001 (S.I. No. 35 of 2001), reg. 2 and sch., part II, Conditions of Employment (iii); revoked (1.01.2004) by Employment Regulation Order (Security Industry Joint Labour Committee) 2003, S.I. No. 631 of 2003.

Previous affecting provision: application of section restricted (4.08.2000) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2000 (S.I. No. 236 of 2000), reg. 2; revoked (12.04.2001) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2001 (S.I. No. 123 of 2001), reg. 3.

Previous affecting provision: application of section restricted (23.03.2000) by Employment Regulation Order (Security Industry Joint Labour Committee) 2000 (S.I. No. 20 of 2000), reg. 2 and sch., part. II, Conditions of Employment (iii); revoked (1.03.2001) by Employment Regulation Order (Security Industry Joint Labour Committee) 2001 (S.I. No. 35 of 2001), reg. 3.

Previous affecting provision: application of section restricted (17.08.1999) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1999 (S.I. No. 255 of 1999), reg. 2; revoked (4.08.2000) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2000 (S.I. No. 236 of 2000), reg. 3.

Previous affecting provision: application of section restricted (10.07.1998) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1998 (S.I. No. 221 of 1998), reg. 2; revoked (17.08.1999) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1999 (S.I. No. 255 of 1999), reg. 3.

Previous affecting provision: application of section restricted (30.01.1998) by Organisation of Working Time (Exemption of Transport Activities) Regulations 1998 (S.I. No. 20 of 1998), reg. 3 and sch.; revoked (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 5.

Section 12

Rests and intervals at work.

12.— (1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.

(2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).

(3) The Minister may by regulations provide, as respects a specified class or classes of employee, that the minimum duration of the break to be allowed to such an employee under subsection (2) shall be more than 30 minutes (but not more than 1 hour).

(4) A break allowed to an employee at the end of the working day shall not be regarded as satisfying the requirement contained in subsection (1) or (2).

Annotations

Modifications (not altering text):

Application of section restricted (27.07.2022) by European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), reg. 3(3).

3. (1) These Regulations shall apply to workers employed on board a craft operated within the State in the commercial inland waterway transport sector.

(2) Inland waterway transport operators shall not be considered workers within the meaning of these Regulations, even if they have the status of workers in their own undertaking.

Non-application of Act

3. Sections 11, 12, 13, 15 and 16 of the Act do not apply to persons performing mobile road transport activities as defined in Directive 2002/15/EC.

Application of section restricted (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 6.

6. Mobile Workers are exempted from the application of sections 11, 12, 13 and 16 of the Act.

2. The activity of a person employed by a fire authority in the position commonly known as retained fire fighter.

4. The activity of a person employed by Dublin Port Company as a member of its harbour police.

[5. The activities of—

(a) persons employed by the Irish Coast Guard, and

(b) other persons (including contractors of the Irish Coast Guard) carrying out an activity in support of the emergency service of the Irish Coast Guard,not being an activity of a clerical nature.]

Editorial Notes:

Compliance notice procedure in respect section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Power pursuant to subs. (3) exercised (1.03.1998) by Organisation of Working Time (Breaks At Work For Shop Employees) Regulations 1998 (S.I. No. 57 of 1998).

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 purported to allow the making of employment regulation orders under which application of this section could be restricted. These provisions and employment regulation orders made under them were declared unconstitutional in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277.

Previous affecting provision: application of section restricted (31.12.2010) by Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), Part III.

Previous affecting provision: application of section restricted (3.05.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 164 of 2010), part III; revoked (31.12.2010) by Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), reg. 3.

Section 13

Weekly rest periods.

13.— (1) In this section “” means a rest period referred to in section 11.

(2) Subject to subsection (3), an employee shall, in each period of 7 days, be granted a rest period of at least 24 consecutive hours; subject to subsections (4) and (6), the time at which that rest period commences shall be such that that period is immediately preceded by a daily rest period.

(3) An employer may, in lieu of granting to an employee in any period of 7 days the first-mentioned rest period in subsection (2), grant to him or her, in the next following period of 7 days, 2 rest periods each of which shall be a period of at least 24 consecutive hours and, subject to subsections (4) and (6)—

(a) if the rest periods so granted are consecutive, the time at which the first of those periods commences shall be such that that period is immediately preceded by a daily rest period, and

(b) if the rest periods so granted are not consecutive, the time at which each of those periods commences shall be such that each of them is immediately preceded by a daily rest period.

(4) If considerations of a technical nature or related to the conditions under which the work concerned is organised or otherwise of an objective nature would justify the making of such a decision, an employer may decide that the time at which a rest period granted by him or her under subsection (2) or (3) shall commence shall be such that the rest period is not immediately preceded by a daily rest period.

(5) Save as may be otherwise provided in the employee’s contract of employment—

(a) the rest period granted to an employee under subsection (2), or

(b) one of the rest periods granted to an employee under subsection (3),

shall be a Sunday or, if the rest period is of more than 24 hours duration, shall include a Sunday.

(6) The requirement in subsection (2) or paragraph (a) or (b) of subsection (3) as to the time at which a rest period under this section shall commence shall not apply in any case where, by reason of a provision of this Act or an instrument or agreement under, or referred to in, this Act, the employee concerned is not entitled to a daily rest period in the circumstances concerned.

Annotations

Modifications (not altering text):

Application of section restricted (27.07.2022) by European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), reg. 3(3).

3. (1) These Regulations shall apply to workers employed on board a craft operated within the State in the commercial inland waterway transport sector.

(2) Inland waterway transport operators shall not be considered workers within the meaning of these Regulations, even if they have the status of workers in their own undertaking.

Non-application of Act

3. Sections 11, 12, 13, 15 and 16 of the Act do not apply to persons performing mobile road transport activities as defined in Directive 2002/15/EC.

Editorial Notes:

Compliance notice procedure in respect of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 purported to allow the making of employment regulation orders under which application of this section could be restricted. These provisions and employment regulation orders made under them were declared unconstitutional in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277.

Previous affecting provision: application of section restricted (31.12.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), part III.

Previous affecting provision: application of section restricted (3.05.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 164 of 2010), part III; revoked (31.12.2010) by Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), reg. 3.

Previous affecting provision: application of section restricted (14.04.2008) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2008 (S.I. No. 93 of 2008) reg. 2 and sch. Part II(3); revoked (3.05.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee 2010 (S.I. No. 164 of 2010), reg. 3.

Section 14

Sunday work: supplemental provisions.

14.— (1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely—

(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or

(b) by otherwise increasing the employee’s rate of pay by such an amount as is reasonable having regard to all the circumstances, or

(d) by a combination of two or more of the means referred to in the preceding paragraphs.

(2) Subsection (3) applies to an employee where the value or the minimum value of the compensation to be provided to him or her in respect of his or her being required to work on a Sunday is not specified by a collective agreement.

(3) For the purposes of proceedings under Part IV before a rights commissioner or the Labour Court in relation to a complaint that this section has not been complied with in relation to an employee to whom this subsection applies (“the first-mentioned employee”), the value or the minimum value of the compensation that a collective agreement for the time being specifies shall be provided to a comparable employee in respect of his or her being required to work on a Sunday shall be regarded as the value of compensation to be provided under this section to the first-mentioned employee that is reasonable having regard to all the circumstances:

Provided that if each of 2 or more collective agreements for the time being specifies the value or the minimum value of the compensation to be provided to a comparable employee to whom the agreement relates in respect of his or her being required to work on a Sunday and the said values or minimum values are not the same whichever of the said values or minimum values is the less shall be regarded, for the purposes aforesaid, as the value of compensation to be provided under this section to the first-mentioned employee that is reasonable having regard to all the circumstances.

(4) Unless the fact of such a value being so specified has come to the notice of the rights commissioner or the Labour Court, as the case may be, it shall be for the person who alleges in proceedings referred to in subsection (3) that a value of compensation of the kind referred to in that subsection is specified by a collective agreement mentioned in that subsection to show that, in fact, such a value is so specified.

(5) In subsection (3) “” means an employee who is employed to do, under similar circumstances, identical or similar work in the industry or sector of employment concerned to that which the first-mentioned employee in subsection (3) is employed to do.

(6) References in this section to a value or minimum value of compensation that is specified by a collective agreement shall be construed as including references to a value or minimum value of compensation that may be determined in accordance with a formula or procedures specified by the agreement (being a formula or procedures which, in the case of proceedings referred to in subsection (3) before a rights commissioner or the Labour Court, can be readily applied or followed by the rights commissioner or the Labour Court for the purpose of the proceedings).

Annotations

Editorial Notes:

Compliance notice procedure in respect of subs. (1) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Code of practice for the purpose of this section adopted (19.11.1998) by Organisation of Working Time (Code of Practice on Sunday Working in The Retail Trade and Related Matters) (Declaration) Order 1998 (S.I. No. 444 of 1998).

Section 15

Weekly working hours.

15.— (1) An employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period (hereafter in this section referred to as a “ reference period ”) that does not exceed—

(a) 4 months, or

(b) 6 months—

(i) in the case of an employee employed in an activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or

(ii) where due to any matter referred to in section 5, it would not be practicable (if a reference period not exceeding 4 months were to apply in relation to the employee) for the employer to comply with this subsection,

(c) such length of time as, in the case of an employee employed in an activity mentioned in subsection (5), is specified in a collective agreement referred to in that subsection.

(2) Subsection (1) shall have effect subject to the Fifth Schedule (which contains transitional provisions in respect of the period of 24 months beginning on the commencement of that Schedule).

(3) The days or months comprising a reference period shall, subject to subsection (4), be consecutive days or months.

(4) A reference period shall not include—

(a) any period of annual leave granted to the employee concerned in accordance with this Act (save so much of it as exceeds the minimum period of annual leave required by this Act to be granted to the employee),

F10 [ ( aa ) any period during which the employee was absent from work while on parental leave, force majeure leave F11 [ , leave for medical care purposes, domestic violence leave or an approved flexible working arrangement within the meaning of the Parental Leave Act 1998 ] or carer ’ s leave within the meaning of the Carer ’ s Leave Act, 2001, ]

(b) any absences from work by the employee concerned authorised under the Maternity Protection Act, 1994, or the Adoptive Leave Act, 1995, or

(5) Where an employee is employed in an activity (including an activity referred to in subsection (1) (b) (i))—

(a) the weekly working hours of which vary on a seasonal basis, or

(b) as respects which it would not be practicable for the employer concerned to comply with subsection (1) (if a reference period not exceeding 4 or 6 months, as the case may be, were to apply in relation to the employee) because of considerations of a technical nature or related to the conditions under which the work concerned is organised or otherwise of an objective nature,

then a collective agreement that for the time being has effect in relation to the employee and which stands approved of by the Labour Court under section 24 may specify, for the purposes of subsection (1) (c), a length of time in relation to the employee of more than 4 or 6 months, as the case may be (but not more than 12 months).

Annotations

Substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 28(a), commenced on enactment.

Inserted (3.07.2023) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 36(a), S.I. No. 341 of 2023.

Modifications (not altering text):

Application of section restricted (27.07.2022) by European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), reg. 3(3).

3. (1) These Regulations shall apply to workers employed on board a craft operated within the State in the commercial inland waterway transport sector.

(2) Inland waterway transport operators shall not be considered workers within the meaning of these Regulations, even if they have the status of workers in their own undertaking.

Non-application of Act

3. Sections 11, 12, 13, 15 and 16 of the Act do not apply to persons performing mobile road transport activities as defined in Directive 2002/15/EC.

2. The activity of a person employed by a fire authority in the position commonly known as retained fire fighter.

4. The activity of a person employed by Dublin Port Company as a member of its harbour police.

[5. The activities of—

(a) persons employed by the Irish Coast Guard, and

(b) other persons (including contractors of the Irish Coast Guard) carrying out an activity in support of the emergency service of the Irish Coast Guard,not being an activity of a clerical nature.]

Editorial Notes:

Compliance notice procedure in respect of subs. (1) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Previous affecting provision: new para. (4)(aa) inserted (3.12.1998) by Parental Leave Act 1998 (30/1998), s. 25(4), commenced as per s. 1(2); substituted as per F-note above.

Section 16

Nightly working hours.

16.— (1) In this section—

“” means the period between midnight and 7 a.m. on the following day;

“” means work carried out during night time;

“” means an employee—

(a) who normally works at least 3 hours of his or her daily working time during night time,

(b) the number of hours worked by whom during night time, in each year, equals or exceeds 50 per cent. of the total number of hours worked by him or her during that year.

(2) Without prejudice to section 15, an employer shall not permit a night worker, in each period of 24 hours, to work—

(a) in a case where the work done by the worker in that period includes night work and the worker is a special category night worker, more than 8 hours,

(b) in any other case, more than an average of 8 hours, that is to say an average of 8 hours calculated over a period (hereafter in this section referred to as a “ reference period ”) that does not exceed—

(ii) such greater length of time as is specified in a collective agreement that for the time being has effect in relation to that night worker and which stands approved of by the Labour Court under section 24.

(3) In subsection (2) “” means a night worker as respects whom an assessment carried out by his or her employer, pursuant to a requirement of regulations under section 28 (1) of the Safety, Health and Welfare at Work Act, 1989, in relation to the risks attaching to the work that the night worker is employed to do indicates that that work involves special hazards or a heavy physical or mental strain.

(4) The days or months comprising a reference period shall, subject to subsection (5), be consecutive days or months.

(5) A reference period shall not include—

(a) any rest period granted to the employee concerned under section 13 (2) (save so much of it as exceeds 24 hours),

(b) any rest periods granted to the employee concerned under section 13 (3) (save so much of each of those periods as exceeds 24 hours),

(c) any period of annual leave granted to the employee concerned in accordance with this Act (save so much of it as exceeds the minimum period of annual leave required by this Act to be granted to the employee),

F12 [ ( cc ) any period during which the employee was absent from work while on parental leave, force majeure leave F13 [ , leave for medical care purposes, domestic violence leave or an approved flexible working arrangement within the meaning of the Parental Leave Act 1998 ] or carer ’ s leave within the meaning of the Carer ’ s Leave Act, 2001. ]

(d) any absences from work by the employee concerned authorised under the Maternity Protection Act, 1994, or the Adoptive Leave Act, 1995, or

(e) any sick leave taken by the employee concerned.

Annotations

Substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 28(b), commenced on enactment.

Inserted (3.07.2023) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 36(b), S.I. No. 341 of 2023.

Modifications (not altering text):

Application of section restricted (27.07.2022) by European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), reg. 3(3).

3. (1) These Regulations shall apply to workers employed on board a craft operated within the State in the commercial inland waterway transport sector.

(2) Inland waterway transport operators shall not be considered workers within the meaning of these Regulations, even if they have the status of workers in their own undertaking.

Non-application of Act

3. Sections 11, 12, 13, 15 and 16 of the Act do not apply to persons performing mobile road transport activities as defined in Directive 2002/15/EC.

Application of section restricted (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 6.

6. Mobile Workers are exempted from the application of sections 11, 12, 13 and 16 of the Act.

2. The activity of a person employed by a fire authority in the position commonly known as retained fire fighter.

4. The activity of a person employed by Dublin Port Company as a member of its harbour police.

[5. The activities of—

(a) persons employed by the Irish Coast Guard, and

(b) other persons (including contractors of the Irish Coast Guard) carrying out an activity in support of the emergency service of the Irish Coast Guard,not being an activity of a clerical nature.]

Editorial Notes:

Compliance notice procedure in respect of subs. (2) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Requirement for employer to carry out assessment for purposes of subs. (2)(a) imposed (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 155.

Previous affecting provision: requirement for employer to carry out assessment for purposes of subs. (2)(a) imposed (25.01.2000) by Safety, Health and Welfare At Work (Night Work and Shift Work) Regulations 2000 (S.I. No. 11 of 2000), reg. 6; revoked (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(s).

Previous affecting provision: requirement for employer to carry out assessment for purposes of subs. (2)(a) imposed (1.02.1999) by Safety, Health and Welfare At Work (Night Work and Shift Work) Regulations 1998 (S.I. No. 485 of 1998), reg. 5; revoked (25.01.2000) by Safety, Health and Welfare At Work (Night Work and Shift Work) Regulations 2000 (S.I. No. 11 of 2000), reg. 2.

Previous affecting provision: new para. (5)(cc) inserted (30.12.1998) by Parental Leave Act 1998 (30/1998), s. 25(4), commenced as per s. 1(2); substituted as per F-note above.

Section 17

Provision of information in relation to working time.

17.— (1) If neither the contract of employment of the employee concerned nor any employment regulation order, registered employment agreement or collective agreement that has effect in relation to the employee specifies the normal or regular starting and finishing times of work of an employee, the employee’s employer shall notify the employee, subject to subsection (3), at least 24 hours before the first day or, as the case may be, the day, in each week that he or she proposes to require the employee to work, of the times at which the employee will normally be required to start and finish work on each day, or, as the case may be, the day or days concerned, F14 [ that week, and the employee’s employer shall ensure the work takes place within predetermined reference hours and days. ]

F15 [ (1A) When the requirements of subsection (1) are not met by the employee’s employer, an employee shall have the right to refuse to work during the reference hours and days predetermined by the employer in accordance with that subsection without adverse consequences. ]

(2) If the hours for which an employee is required to work for his or her employer in a week include such hours as the employer may from time to time decide (in this subsection referred to as “ additional hours ”), the employer shall notify the employee, subject to subsection (3), at least 24 hours before the first day or, as the case may be, the day, in that week on which he or she proposes to require the employee to work all or, as the case may be, any of the additional hours, of the times at which the employee will be required to start and finish working the additional hours on each day, or, as the case may be, the day or days concerned, of that week.

(3) If during the period of 24 hours before the first-mentioned or, as the case may be, the second-mentioned day in subsection (1) or (2), the employee has not been required to do work for the employer, the time at which the employee shall be notified of the matters referred to in subsection (1) or (2), as the case may be, shall be not later than before the last period of 24 hours, preceding the said first or second-mentioned day, in which he or she has been required to do work for the employer.

(4) A notification to an employee, in accordance with this section, of the matters referred to in subsection (1) or (2), as the case may be, shall not prejudice the right of the employer concerned, subject to the provisions of this Act, to require the employee to start or finish work or, as the case may be, to work the additional hours referred to in subsection (2) at times other than those specified in the notification if circumstances, which could not reasonably have been foreseen, arise that justify the employer in requiring the employee to start or finish work or, as the case may be, to work the said additional hours at those times.

(5) It shall be a sufficient notification to an employee of the matters referred to in subsection (1) or (2) for the employer concerned to post a notice of the matters in a conspicuous position in the place of the employee’s employment.

F15 [ (6) In this section —

"reference hours and days" has the same meaning as it has in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20197 on transparent and predictable working conditions in the European Union;

"seafarer" has the same meaning as it has in the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, implemented by Council Directive 2009/13/EC of 16 February 2009 8 ;

"sea fisherman" has the same meaning that "fisherman" has in the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) implemented by Council Directive (EU) 2017/159 of 19 December 2016 9 .

(7) This section shall not apply to seafarers or sea fishermen. ]

Annotations

Substituted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022), reg. 13(a).

Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022), reg. 13(b), (c).

Editorial Notes:

Compliance notice procedure in respect of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

8 OJ No. L 124, 20.5.2009, p. 30.

9 OJ No. L 25, 31.1.2017, p. 12.

Section 18

F16 [ Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances

18. (1) This section applies to an employee whose contract of employment operates to require the employee to make himself or herself available to work for the employer in a week —

( a ) a certain number of hours ("the contract hours"),

( b ) as and when the employer requires him or her to do so, or

( c ) both a certain number of hours and otherwise as and when the employer requires him or her to do so,

and the requirement is not one that is held to arise by virtue only of the fact, if such be the case, of the employer having engaged the employee to do work of a casual nature for him or her on occasions prior to that week (whether or not the number of those occasions or the circumstances otherwise touching the engagement of the employee are such as to give rise to a reasonable expectation on his or her part that he or she would be required by the employer to do work for the employer in that week).

(2) In a contract for a certain number of hours of work referred to in paragraphs (a) and (c) of subsection (1) , the number of hours concerned shall be greater than zero.

(3) Notwithstanding subsection (1) , subsection (2) shall not apply to —

( a ) work done in emergency circumstances, or

( b ) short-term relief work to cover routine absences for that employer.

(4) If an employer does not require an employee to whom this section applies to work for the employer in a week referred to in subsection (1) —

( a ) in a case falling within paragraph (a) of that subsection, at least 25 per cent of the contract hours, or

( b ) in a case falling within paragraph (b) or (c) of that subsection where work of the type which the employee is required to make himself or herself available to do has been done for the employer in that week, at least 25 per cent of the hours for which such work has been done in that week,

then the employee shall, subject to this section, be entitled —

(i) in a case where the employee has not been required to work for the employer at all in that week, to be paid by the employer the pay he or she would have received if he or she had worked for the employer in that week whichever of the following is less, namely —

(I) the percentage of hours referred to in paragraph (a) or (b) , as the case may be, or

(ii) in a case where the employee has been required to work for the employer in that week less than the percentage of hours referred to in paragraph (a) or (b) , as the case may be (and that percentage of hours is less than 15 hours), to have his or her pay for that week calculated on the basis that he or she worked for the employer in that week the percentage of hours referred to in paragraph (a) or (b) , as the case may be,

and the minimum payment shall be calculated as 3 times the national minimum hourly rate of pay within the meaning of the National Minimum Wage Acts 2000 and 2015 or 3 times the minimum hourly rate of remuneration established by an employment regulation order, for the time being in force, on each occasion that this occurs.

(5) Subsection (4) shall not apply —

( a ) if the fact that the employee concerned was not required to work in the week in question the percentage of hours referred to in paragraph (a) or (b) of that subsection, as the case may be —

(i) constituted a lay-off or a case of the employee being kept on short-time for that week, or

(ii) was due to exceptional circumstances or an emergency (including an accident or the imminent risk of an accident), the consequences of which could not have been avoided despite the exercise of all due care, or otherwise to the occurrence of unusual and unforeseeable circumstances beyond the employer ’ s control,

( b ) if the employee concerned would not have been available, due to illness or for any other reason, to work for the employer in that week the said percentage of hours.

(6) The reference in subsection (4)(b) to the hours for which work of the type referred to in that provision has been done in the week concerned shall be construed as a reference to the number of hours of such work done in that week by another employee of the employer concerned or, in case that employer has required 2 or more employees to do such work for him or her in that week and the number of hours of such work done by each of them in that week is not identical, whichever number of hours of such work done by one of those employees in that week is the greatest.

(7) References in this section to an employee being required to make himself or herself available to do work for the employer shall not be construed as including references to the employee being required to be on call, that is to say to make himself or herself available to deal with any emergencies or other events or occurrences which may or may not occur.

(8) Nothing in this section shall affect the operation of a contract of employment that entitles the employee to be paid wages by the employer by reason, alone, of the employee making himself or herself available to do, at the times and place concerned, the work concerned. ]

Annotations

Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 15, S.I. No. 69 of 2019.