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Ireland - Working time - 2009


LAST UPDATE

3 June 2009

SOURCES


Name of Act

Organisation of Working Time Act,
No. 20 of 1997, as amended up to the Protection of Employees (Fixed-Term Work) Act, 2003 (No. 29 of 2003).

Name of Act

Organisation of Working Time (General Exemptions) Regulations,
1998 (No. 21 of 1998)

Name of Act

Protection of Employees (Part-Time Work) Act;
2001 (No. 45 of 2001)

Name of Act

Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) Declaration Order (No. 44 of 1998)

Name of Act

Carer`s Leave Act,
No. 19 of 2001, as amended by the Social Welfare Law Reform and Pensions Act 2006 (Act No. 5 of 2006)

Name of Act

Parental Leave Act,
Act No. 30, dated 8 July 1998, as amended by Parental Leave (Amendment) Act 2006 (No. 13, of 18 May 2006

Name of Act

Safety, Health and Welfare at Work (Night Work and Shift Work) Regulations, No. 11 of 2000

LEGAL DEFINITIONS


Working time/working hours

The period during which the employee is at the workplace or at the employer’s disposal and performing his or her activities or duties.
Organisation of Working Time Act §2

Part-time work(er)

A worker whose normal hours of work are less than the normal hours of work of a worker who is a comparable worker in relation to him/her.
Protection of Employees (Part-Time Work) Act §7(1)

Night work(er)

Night work is the period between midnight and 7 a.m.
A night worker is a worker working at least 3 hours of the daily working time during the night time and whose night time work constitutes 50 per cent of the total working time.
Organisation of Working Time Act §16(1)

NORMAL HOURS LIMITS


Daily hours limit


General limit

(No general daily hours limit)
Historical data (year indicates year of data collection)
  • 2011: (No general daily hours limit)

Special categories


» Night work

A night worker (a worker normally working at least 3 hours of the daily working time between midnight and 7a.m.) shall not work for more than 8 hours for work involving special hazards or a heavy physical or mental strain
For all other night workers, 8 hours on average over a reference period are foreseen (2 months or a longer period contained in a collective agreement).
Organisation of Working Time Act §16

Weekly hours limit


General limit

No general weekly hours limit. Maximum limit (including overtime) of 48 hours.

The 48-hours limit is an average over a period that does not exceed¿
(a) 4 months, or
(b) 6 months for employees working in the security industry, hospitals, prisons, gas/electricity, airport/docks, agriculture and employees in businesses which have peak periods at certain times of the year such as tourism, or
(c) 12 months where there has been a collective agreement to this effect, provided that the weekly working hours vary on a seasonal basis, or that it would not be practicable for the employer concerned to comply with a reference period of 4 or 6 months 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. The agreement must be approved by the Labour Court.
Organisation of Working Time Act §15
Historical data (year indicates year of data collection)
  • 2011: There is no general weekly hours limit, but a weekly limit calculated over different average reference periods. However, the maximum average weekly working hours (including overtime) cannot exceed 48 hours, and is calculated in one of the following ways: - Over 4 months for most employees - Over 6 months for employees working in the security industry, hospitals, prisons, gas/electricity, airport/docks, agriculture and employees in businesses which have peak periods at certain times of the year such as tourism. - Over 12 months where there has been an agreement between the employer and the employees to this effect. The agreement between employer and employees must be approved by the Labour Court. The calculation of 48 hours does not include annual leave, sick leave or maternity/adoptive/parental leave.
  • 2007: No normal hours limit. Maximum limit (including overtime) of 48 hours.
  • 1995: 48 hours.

OVERTIME WORK


Limits on overtime hours


General limits

No general weekly hours limit. Maximum limit (including overtime) of 48 hours.
Organisation of Working Time Act §15(1)
Historical data (year indicates year of data collection)
  • 2011: There is no general weekly hours limit. The maximum average weekly working hours (including overtime) cannot exceed 48 hours.
  • 1995: 3 hours per day, 12 hours per week and 240 hours per year, or 36 hours in any period of 4 consecutive weeks.

Restrictions/exceptions

The 48 hour limit can be averaged over a reference period of not more than 4 months.
The reference period can be extended to 6 months for certain specified activities (e.g. surveillance) or under a collective agreement.
The 48 hour limit can be exceeded in exceptional circumstances or in emergencies beyond the employer’s control.
Organisation of Working Time Act §5, 15(1)

Compensation for overtime work


Overtime rate(s)

To be determined by collective agreements.
Organisation of Working Time Act §4(5)
Historical data (year indicates year of data collection)
  • 2011: Relevant provisions on overtime rates have been not identified. It seems that they shall be determined by collective agreements.
  • 2007: To be determined by collective agreements.
  • 1995: 25% premium.

Notice of requirement to work overtime


General provisions

24 hours notice is required for overtime work to be performed.
It is sufficient to post a notice in a conspicuous position in the workplace.
Organisation of Working Time Act §17

Exceptions

Employers are not subject to this requirement in exceptional circumstances or where there is an emergency beyond the employer’s control.
Organisation of Working Time Act §5

REST PERIODS


Rest breaks


General provisions

At least 15 minutes after 4.5 hours of work. At least 30 minutes after 6 hours of work. Must not be granted at the end of the day.
Organisation of Working Time Act §12(1)-(4)
Historical data (year indicates year of data collection)
  • 2011: Employees shall enjoy at least 15 minutes of rest break for a 4.5 hours of work period and at least 30 minutes for a 6 hours of work period, provided that such break must not be granted at the end of the day. There is no entitlement to be paid during these breaks and they are not considered part of working time.
  • 2007: Employers are obliged to provide workers with a written statement containing details of times and duration of the rest breaks.
  • 2007: At least 15 minutes after 4.5 hours of work. At least 30 minutes after 6 hours of work. Must not be given at the end of the day. Regulations may be issued to prolong this to a maximum of 1 hour.
  • 1995: 30 minutes.

Daily rest periods


Duration

11 hours
Organisation of Working Time Act §11
Historical data (year indicates year of data collection)
  • 2011: 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.
  • 2007: 11 hours
  • 1995: No legal provision.

Exceptions

The minimum daily rest period does not apply to certain categories of work and workers.

Workers who are not entitled to the minimum rest period must have available an equivalent rest period and cannot be required to work for more than 6 hours without a break. In deciding on the length of this break, the employer must have regard to the need to protect the health, safety and comfort of the employee and to the general principle of preventing and avoiding risk in the workplace.
Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) Annex, §3, 5
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Special categories


» Shift work

The daily rest period can be modified for shift workers.
Organisation of Working Time Act §4

Weekly rest periods


Duration


» General

24 hours in each period of 7 days. 48 hours in a period of 14 days.
Organisation of Working Time Act §13(2)-(3) and 14
Historical data (year indicates year of data collection)
  • 2011: An employee shall be entitled to enjoy at least 24 consecutive hours of rest in each period of 7 days, and this should normally follow on from the daily rest period of the preceeding shift. An employer may, in lieu of granting the weekly rest period to an employee, provide 2 periods each of at least 24 consecutive hours, in a period of 14 days.
  • 1995: 2 days.

» Exceptions

The 1 day per week requirement is not applicable where an employer provides for at least 4 rest days during a 4 week period.

The minimum weekly rest period does not apply to certain categories of work or workers.
Organisation of Working Time Act §35(2)
Organisation of Working Time (General Exemptions) Regulations Annex, §3
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Day specified


» General

Sunday
Organisation of Working Time Act §13

Work on weekly rest day


» Compensation (for working on a rest day)

An employee who is required to work on a Sunday in general shall be compensated by the 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
( c ) by granting the employee such paid time off from work 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.
Organisation of Working Time Act §14(1)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

The worker is entitled to annual leave of:

(1) 4 weeks for 1,356 hours of work per year; or
(2) one-third of a working week for each month in the leave year in which he or she works at least 117 hours; or
(3) 8 percent of the hours he or she works in a leave year.
Organisation of Working Time Act §19 (1)
Historical data (year indicates year of data collection)
  • 2011: The legislation provides a basic annual leave entitlement of 4 weeks. There are 3 different ways of calculating the duration of the annual leave entitlement; - Based on the employee's working hours in one year. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 working weeks' annual leave. - By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours - 8% of the hours worked in the leave year, subject to a maximum of 4 weeks. An employee may use whichever of these methods gives the greater entitlement.
  • 2007: The worker is entitled to annual leave of: (1) 4 weeks for 1,356 hours of work per year; or (2) one-third of a working week for each month in the leave year in which he or she works at least 117 hours; or (3) 8 percent of the hours he or she works in a leave year.
  • 1995: 3 working weeks.

Payment


» Amount

Normal weekly rate.
Organisation of Working Time Act §20(2)(b)

» Date of payment

The annual leave payment must be paid in advance of the annual leave.
Organisation of Working Time Act §20(2)(a)

Schedule and splitting

Employees working 8 months or more are entitled to an unbroken period of 2 weeks leave, unless otherwise regulated in a regulation order, registered employment agreement, collective agreement or any agreement between workers and employers.
The employer may determine the times at which annual leave is granted to an employee, taking into account, after consultation with the employee or trade union,:
(1) the need for the employee to reconcile work and family responsibilities;
(2) the opportunities for rest and recreation available to the employee.
Organisation of Working Time Act §19(3), 20(1)

PUBLIC HOLIDAYS


Number and dates

9 days
Organisation of Working Time Act §21 and Second Schedule 1
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Payment

In respect of a public holiday, an employee is entitled to whichever of the following the employer determines:
(1) a paid day off;
(2) a paid day off within a month;
(3) an additional day of annual leave; or
(4) an additional day’s pay.
For the entitlement, an employee must have worked for an employer at least 40 hours during 5 week period before that public holiday.
Organisation of Working Time Act §21 (1) and (4)

EMERGENCY FAMILY LEAVE

A worker who has been employed continuously for a period of 12 months by the same employer is entitled to unpaid carer’s leave to enable him or her to personally provide full-time care for a person who is in need of such care, up to 104 weeks for any one care recipient or up to 130 weeks for more than one recipient.
An employee shall be entitled to leave with pay from his or her employment where, for urgent family reasons, owing to an injury to or the illness of a family member (further specified) the immediate presence of the employee is indispensable, 3 days in any 12 consecutive months.
Carer`s Leave Act §6
Parental Leave Act §13

PART-TIME WORK


General provisions

A worker whose normal hours of work are less than the normal hours of work of a comparable worker.
A casual part-time worker is a worker who has worked less than 13 weeks, who cannot be considered as a regular or seasonal worker and is fulfilling the conditions of an approved collective agreement.
Protection of Employees (Part-Time Work) Act §7(1), 11(4)

Right to equal treatment


Right/scope

Part-time workers enjoy any condition of employment on a pro rata basis. Exceptions apply for pension schemes or arrangements which are not applicable to part-time workers working less than 20 per cent of a comparable full-time worker’s normal working hours.
Protection of Employees (Part-Time Work) Act §9(4),11

Permissable justification for different treatment

Casual part-time work may be treated in a less favourable manner if this can be justified on objective grounds.
Protection of Employees (Part-Time Work) Act §11(2)

NIGHT WORK


Criteria for night work

The period between midnight and 7 a.m.
Organisation of Working Time Act §16(1)

Limits


Daily hours limit

A night worker (a worker normally working at least 3 hours of the daily working time between midnight and 7a.m.) shall not work for more than 8 hours for work involving special hazards or a heavy physical or mental strain
For all other night workers, 8 hours on average over a reference period are foreseen (2 months or a longer period contained in a collective agreement).
Organisation of Working Time Act §16

Transfers

Night workers shall, when possible, be transferred to day work, where there are health-related reasons.
Safety, Health and Welfare at Work (Night Work and Shift Work) Regulations §7(5)

SHIFT WORK


Daily rest period

The daily rest period can be modified for shift workers.
Organisation of Working Time Act §4

CASUAL WORK


General provisions

Specific provisions apply to employees whose contract of employment requires them to make themselves available for a certain number of hours or as and when the employer requires, or both.
In these cases, the employer is obliged to pay the employee a specified minimum amount of hours, notwithstanding the amount of hours in which the employee has been called to work.
Organisation of Working Time Act §18

SHORT-TIME WORK/WORK-SHARING


Limits

No provisions on the right of an employer to introduce short-time work unilaterally exist. Social security regulations provide for the payment of jobseeker`s allowances under specific circumstances.

Results generated on: 26th October 2014 at 00:50:38.
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