Costa Rica - Working time - 2011
LAST UPDATE
SOURCES
Name of Act
Act No. 2, which promulgates the Labour Code, of 27 August 1943 as amended up to Act No. 8886, of 6 December 2010.  Name of Act
Political Constitution of the Republic of Costa Rica of 1949, as amended up to Law 8364 of 2003 (Constitución Politica de Costa Rica de 1949). Name of Act
Act No.7739 issuing the Code of the Childhood and Adolescence of 6 January 1998 (Código de la Niñez y la Adolescencia). LEGAL DEFINITIONS
Working time/working hours
Effective working time is the time during which the worker is at the disposal of the employer in the establishment, including the lunch periods or breaks. Labour Code Art.137 Employee/worker
"Worker" means any natural person who renders material or intellectual services to another, according to an express or implied, oral or written, individual or collective labour contract. Labour Code Art.4 Employer
"Employer" means any natural or legal person (private or public) who employs services of an employer according to an express or implied, oral or written, individual or collective labour contract. Labour Code Art.2 Overtime/overtime work
"Overtime work" means any work performed exceeding the legal working time limits or that exceeds the lower working time limits that the employer and worker have agreed upon. Labour Code Art.139 Night work(er)
"Night work" means the work performed in the interval between 7 p.m. and 5 a.m. Labour Code Art.135 Domestic worker
"Domestic worker" means the worker who provides assistance and comfort to a family or person in exchange of remuneration. They are normally in charge of the cleaning, cooking, washing, ironing, and other tasks which do not generate an economic benefit for the employer. Labour Code Art.101 Young worker
"Young worker" means a worker who is older than 15 years of age and younger than 18. Code of the Childhood and Adolescence Art.92, art.2 NORMAL HOURS LIMITS
Daily hours limit
General limit
The normal working hours shall not exceed 8 hours per day. Labour Code Art.136
Political Constitution Art.58 Historical data (year indicates year of data collection)
- 2009: 8 hours
- 2007: 8 hours
Exceptions
The limit can be extended upt to 10 hours unless the work is performed in dangerous or unhealthy conditions and as long as the 48 hour weekly limit are not exceeded. The 8 hour limit does not apply to certain groups including: (1) managers, administrators and those who work without direct supervision; (2) commission agents and similar workers who do not carry out their work at the workplace; (3) intermittent workers or those whose presence alone is required; (4) workers who, because of the nature or functions of their work, cannot be subject to the hours limit. Labour Code Art.140, 143 Special categories
» Young workers
The daily hours limit for adolescent workers (between 12 and 18 years old) is fixed in 6 hours. Code of the Childhood and Adolescence Art.2, art.95 » Domestic work
The daily hours limit for domestic workers who perform work during daytime is 8 hours and 6 hours for those who perform night work. However, it can be agreed between the parties longer daily hours; up to 10 hours for daytime work and up to 8 hours for mixed hours (day and night), as long as the weekly hours limit does not exceed the 48 hours. Labour Code Art.105b) Weekly hours limit
General limit
The general weekly hours limit is 48 hours. Political Constitution Art.58
Labour Code Art.136 Historical data (year indicates year of data collection)
- 2009: 48 hours
- 2007: 48 hours
- 1995: 48 hours.
Special categories
» Young workers
The weekly hours limit for adolescent workers (between 12 and 18 years old) is fixed in 36 hours. Code of the Childhood and Adolescence Art.2, art.95 » Domestic work
The weekly hours limit for domestic workers who perform work during daytime is 48 hours and 36 hours for those who perform night work. OVERTIME WORK
Criteria for overtime
General
Overtime work is the work performed exceeding the legal working time limits or that exceeds the lower working time limits that the employer and worker have agreed upon. Labour Code Art.139 Limits on overtime hours
General limits
Overtime hours plus normal working hours shall not exceed 12 hours in total per day. Labour Code Art.140 Historical data (year indicates year of data collection)
- 2009: 12 hours in total per day (normal and overtime hours).
- 2007: 12 hours in total per day (normal and overtime hours)
- 1995: 4 hours a day and not more than 4 times a week, except in the event of a catastrophe or imminent danger. Not permitted in the case of work which is dangerous or unhealthy.
Restrictions/exceptions
This limit does not apply where the work is in response to disasters or risks to lives, establishments, machinery, facilities, products, or crops; and where the workers concerned cannot not be substituted and the work cannot be postponed. If the work performed has a dangerous or unhealthy nature, overtime work is forbidden. Labour Code Art.140, 141 Compensation for overtime work
Overtime rate(s)
Overtime work shall be remunerated with 50% increase over the minimum wage or the normal wage perceived. Labour Code Art.139
Political Constitution Art.58 Historical data (year indicates year of data collection)
- 2009: 50% increase over the minimum wage.
- 2007: 50% increase
- 1995: 50% premium. 100% for work on weekly rest day.
Special categories
Domestic work
Domestic workers may perform up to 4 hours overtime upon agreement between the parties. The limit of hours that a domestic worker may perform in a day is 12 including overtime. Labour Code Art.105b) SCHEDULES
Relevant provisions on schedules have not been identified. REST PERIODS
Rest breaks
General provisions
The employer and the worker may agree on the length of the period allowed for rest and meals, depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time. Labour Code §136, 137 Historical data (year indicates year of data collection)
- 2009: The employer and the worker may agree on the length of the period allowed for rest and meals, depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time.
- 2007: The employer and the worker may freely agree to the length of the rest period allowed for rest and meals depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time.
- 1995: 30 minutes to 1 hour.
Special categories
» Domestic work
Domestic workers are entitled to rest one hour during the hours of work and shall be considered as effective work. When the number of hours is less than 8 and more than 3, the duration of the rest shall be proportional to the hours of work performed. Labour Code Art.105b) Daily rest periods
Duration
(No general statutory provision on daily rest. Deducting the maximum daily hours limit from 24 hours provides for a general daily rest of 12 hours.) Historical data (year indicates year of data collection)
Weekly rest periods
Duration
» General
Every worker is entitled to a weekly rest day every six days worked, that shall only be paid in the case of workers who render services in commercial establishments, and in other occupations if it has been expressly determined. Labour Code Art.152 Historical data (year indicates year of data collection)
- 2009: Every worker is entitled to a weekly rest day every six days worked, that shall only be paid in the case of shop workers, and in those sectors if it has been determined.
- 1995: 1 day.
Work on weekly rest day
» Criteria
The employer will suffer a penalty if compels the employee to work on a rest day, consisting on a legal sanction plus the obligation to pay the employees double of the normal rate of payment for the hours of work performed. However the Law provides exceptions to this rule in some occupations, when the nature of the work does not involve heavy, unhealthy or dangerous tasks and upon agreement between the parties. These occupations are those in the agricultural sector, livestock farming, industrial establishments which requires continuous work, or in general in cases which the priority is the public or social interest and the opening of the establishment necessary. Labour Code Art.152 » Compensation (for working on a rest day)
Normally, working on a rest day is considered overtime work in terms of remuneration, and therefore it shall be compensated with 50% increase over the minimum wage or the normal wage perceived. However in cases where the public or social interest justifies the measure, and the worker disagree with working on his rest day, the employer may request to the Ministry of Labour authorization for provide his workers with cumulative compensatory rest as a way of remuneration. Labour Code Art.152
Political Constitution Art.58 Special categories
» Domestic workers
Domestic workers shall enjoy one day of rest each week, which shall be chosen by the agreement between the parties. At least twice per month, the weekly rest shall be enjoyed on Sunday. Labour Code Art.105c) ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
In order to be entitled to enjoy annual leave, the worker shall have performed 50 weeks of continuous work with the same employer. Labour Code Art.153 Duration
» General
Every worker is entitled to 2 weeks minimum of annual leave after 50 weeks of work performed with the same employer. Labour Code Art.153 Historical data (year indicates year of data collection)
- 2009: The worker is entitled to 2 weeks minimum of holidays after fiftty weeks of work to the same employer.
- 2007: 2 weeks minimum
- 1995: 15 calendar days for every 50 weeks of continuous work for the same employer.
» Exceptions
In general terms it is not permitted to accumulate holidays. However, it can be done once by the worker who perform specific tasks such as technical, managerial positions or similar work, when is not posible to be replaced by other worker, or when the residence of his family is situated in other Province. Labour Code Art.159 Payment
» Amount
Normally, in order to calculate the amount of remuneration that the worker is entitled during his annual leave, it shall be taken into account the average of the ordinary and extraordinary remunerations perceived in the last week; best reference term provided by Regulation regarding occupations in the agricultural sector; or the average of the last 50 weeks if working in an commercial, industrial establishment or of any type. Annual leave shall be enjoyed, and in general, no compensation may be paid in lieu. Labour Code Art.156,157 Schedule and splitting
The employer will indicates the time of enjoying the annual leave, and shall make it at latest within the 15 days after 50 weeks of continuous work, in order to not alter the functioning of the establishement, industry or business. The provision is not clear as whether the worker is entitled to decide the exact dates of annual leave or not. Workers shall enjoy the leave uninterrupted. Under agreement between the parties, such leave may be split in two terms, when the circumstances of the establishment permits it. Labour Code Art.155, 158 Special categories
» Domestic work
Domestic workers are entitled to 15 days paid of annual leave, or proportionally amount when the contract expires before reaching 50 weeks of work. Labour Code Art.105d) PUBLIC HOLIDAYS
Number and dates
The following days are paid public holidays: New Year’s Day (1 January), Juan Santa María Day (11 April), Good Thursday (21 April), Good Friday (22 April), Labour Day (1 May), Guanacaste Day (25 July), Mothers’Day-Assumption (15 August), Independence Day (15 September), and Christmas Day (25 December). In addition, the 2 of August (Lady of the Angels’ Day) and 12 October(Día de la Raza Holiday) are considered public holidays but its payment is not compulsory. If the 12 of October does not fall on Monday the enjoyment shall be postponed. Labour Code Art.148 Payment
Public Holidays are normally paid, with the exception of the 2 of August and 12 of October which payment is not compulsory. Labour Code Art.148 Work on Public Holidays
» Criteria
It is absolutely forbidden to compel an employee to perform work during public holidays, and so if done, the employer shall suffer a penalty and shall compensate the worker according to the Law. However the Law provides some exceptions to this rule in cases of force majeure, in cases that continuous tasks are required to preserve the deterioration of goods, technical reasons, urgent tasks and in general in cases which the priority is the public interest and the opening of the establishment necessary, like hotels, pharmacies, cafeterias, restaurants, cinemas, etc. Labour Code Art.148,150,151 PART-TIME WORK
Relevant provisions on part-time work have not been identified. NIGHT WORK
Criteria for night work
Night work means the work performed in the interval between 7 p.m. and 5 a.m. In cases of mixed hours of work, day and night, it is considered night work when is performed 3 hours and a half or more in the interval between 19.00 and 05.00 of the following day. Labour Code Art.135,138 Limits
Daily hours limit
The daily hours of work cannot exceed 6. Political Constitution Art.58 Weekly hours limit
The weekly hours of work cannot exceed 36 hours. Political Constitution Art.58 Overtime work
No specifications as wether overtime hours are paid with a higher rate of payment than those workers who perform day work. Therefore, it seems that the rate of payment is equally remunerated with 50% increase over the minimum wage or the normal wage perceived. Political Constitution Art.58 Rest breaks
The employer and the worker may agree on the length of the period allowed for rest and meals, depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time. Labour Code Art.136,137 Special categories
Young workers
Night work is forbidden for adolescents workers in the interval between 19:00 and 07:00. In case of mixed daily and nightly hours, adolescents workers shall not perform work after 22:00. Code of the Childhood and Adolescence Art.95 Women
Women cannot perform night work with the exception of those who work at home or with their families, or who work as nurses, domestic workers, and other similar positions, as long as their work is not perform after 12 pm and when the terms of their contracts are approved by the labour inspection authorities. Labour Code Art.88b) Women
Women may perform night work in establishements where are rendered services in the public interest and where no exists exposure to any dangerous, unhealthy or heavy conditions. Women may perform night work during the time compatible with her moral, physical and mental health. An individualized authorization by the Ministry of Labour and Social Security is required. Labour Code Art.88b) SHIFT WORK
Relevant provisions on shift work have not been identified. ON-CALL WORK
Relevant provisions on on-call work have not been identified. FLEXITIME
Relevant provisions on flexitime work have not been identified. CASUAL WORK
Relevant provisions on casual work have not been identified. SHORT-TIME WORK/WORK-SHARING
Relevant provisions on short-time work have not been identified. RIGHT TO CHANGE WORKING HOURS
Relevant provisions on right to change working hours have not been identified. INFORMATION & CONSULTATION
Relevant provisions on information and consultation have not been identified.
New Zealand - Working time - 2011
LAST UPDATE
SOURCES
Name of Act
Minimum Wage Act 1983, No.115 of 1983, Official Gazette, Acts, No. 115, as reprinted 1 April 2008. Published by New Zealand Parliamentary Counsel Office at http://legislation.govt.nz/ and accessed 17 November 2011. Name of Act
Holidays Act, Act No. 129 of 2003, as reprinted 1 April 2011. Published by New Zealand Parliamentary Counsel Office at http://legislation.govt.nz/ and accessed 17 November 2011. Name of Act
Employment Relations Act 2000, Public Act No 24 of 2000, dated 19 August 2000, as reprinted 1 July 2011. Published by New Zealand Parliamentary Counsel Office at http://legislation.govt.nz/ and accessed 17 November 2011. LEGAL DEFINITIONS
Employee/worker
Employee means any person of any age employed by an employer to do any work for hire or reward under a contract of service, including a homeworker. Volunteers who are not, and do not expect to be, rewarded for work performed as a volunteer and film production workers are excluded from this definition. Employment Relations Act 2000 §6
Holidays Act 2003 §5 Employer
Employer means a person employing any employee or employees, and includes a person engaging or employing a homeworker. Employment Relations Act 2000 §5
Holidays Act 2003 §5(2) NORMAL HOURS LIMITS
Daily hours limit
General limit
No statutory limit on daily working hours identified. Historical data (year indicates year of data collection)
- 2009: (No general statutory daily limit.)
Weekly hours limit
General limit
The Minimum Wage Act establishes a normative limit of 40 hours per week. However, this limit is subject to agreement between the parties in that it requires that parties who are covered by the Minimum Wage Act, and are entering into an employment agreement under the Employment Relations Act, fix the contractual maximum number of working hours (exclusive of overtime) at 40 hours per week, unless the parties agree to a higher number. No other statutory limitation on weekly hours identified. Minimum Wage Act 1983 §11B Historical data (year indicates year of data collection)
- 2009: 40 hours
- 2007: 40 hours
- 1995: 40 hours.
OVERTIME WORK
Criteria for overtime
General
No statutory criteria for requiring workers to perform overtime identified. Limits on overtime hours
General limits
No statutory limits on overtime identified. Historical data (year indicates year of data collection)
- 2009: As agreed by the worker and employer in the employment contract or by collective agreement.
- 2007: As agreed by the worker and employer in the employment contract or by collective agreement.
- 1995: No legal provision.
Compensation for overtime work
Overtime rate(s)
No statutory requirements with respect to compensation of overtime identified. Historical data (year indicates year of data collection)
- 1995: No general provisions.
Notice of requirement to work overtime
General provisions
No notice requirements with respect to overtime work identified. SCHEDULES
General
Where parties covered by the Minimum Wage Act fix the worker’s maximum working hours at 40 hours (or less) per week, the parties must endeavour to fix the daily working hours so that they are worked on not more than 5 days of the week. No other provisions regulating scheduling identified. Minimum Wage Act 1983 §11B(3) REST PERIODS
Rest breaks
General provisions
An employee’s rest break entitlement is determined by the length of time the employee is required to work each day, as follows: (1) For working days of 2-4 hours - one 10 minute paid rest break; (2) For working days of 4-6 hours - one 10 minute paid rest break and one 30 minute meal break; (3) For working days of 6-8 hours - two 10 minute paid rest breaks and one 30 minute meal break; and (4) For working days of over 8 hours - two 10 minute paid rest breaks and one 30 minute meal break for the first 8 hours of work, with additional breaks accruing as in (1) and (2) above, as if the employee’s working day had started at the end of the 8th hour. Employment Relations Act 2000 §§69ZC, 69ZD Historical data (year indicates year of data collection)
- 2009: An employee is entitled to a break
* of 10 minutes (paid) for work of 2-4 hours
* of 10 minutes (paid) plus a 30-minutes meal break for work of 4-6 hours
* of twice 10 minutes (paid) plus one 30 minutes meal break for work exceeding 6 hours (plus for a work between 10 and 12 hours a 10 minutes (paid) break and work between 12 and 14 hours an additional 30 minutes meal break).
- 1995: To be agreed between the parties.
Special categories
» Pregnant workers/recent birth
An employer must ensure that, so far as is reasonable and practicable in the circumstances, appropriate breaks are provided to an employee who is breastfeeding and wishes to breastfeed during a work period. Such breaks will only be paid if agreed between the parties. Employment Relations Act 2000 §69Y Daily rest periods
Duration
No statutory provision for daily rest periods identified. Historical data (year indicates year of data collection)
- 2009: No general statutory provisions on daily rest.
- 1995: To be agreed between the parties.
Weekly rest periods
Duration
» General
No statutory entitlement to weekly rest periods identified. Historical data (year indicates year of data collection)
- 2009: As agreed by the worker and employer in the employment contract or by collective agreement.
- 1995: n.a.
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
Employees must have completed 12 months’ continuous employment to be entitled to annual leave, although an employer may allow an employee to take an agreed portion of the employee’s annual holidays entitlement in advance. Holidays Act 2003 §§16, 20 Duration
» General
Employees are entitled to not less than 4 weeks’ paid annual holiday. Holidays Act 2003 §16(1) Historical data (year indicates year of data collection)
- 2009: 4 weeks, of which 2 weeks have to be granted without interruption.
- 2007: 3 weeks (to 1 April 2007)
4 weeks (from 1 April 2007)
- 1995: 3 weeks.
» Exceptions
Up to one week of each year’s annual leave entitlement may be paid out, at the written request of the employee. Holidays Act 2003 §28A Payment
» Amount
Annual leave must be paid at a rate that is based on the greater of: (i) the employee’s ordinary weekly pay as at the beginning of the annual holiday; or (ii) the employee’s average weekly earnings for the 12 months immediately before the end of the last pay period before the annual holiday. Holidays Act 2003 §21(2) » Date of payment
An employer must pay an employee for an annual holiday before the holiday is taken unless: (a) the employer and employee agree that the employee is to be paid in the pay that relates to the period during which the holiday is taken; or (b) the employee’s employment has come to an end. Holidays Act 2003 §27 Schedule and splitting
Annual leave is to be taken at a time agreed between the employer and the employee. In reaching such agreement, an employer : (a) must allow an employee to take annual leave within 12 months from the date on which the leave entitlement arose; (b) must allow an employee to take at least 2 weeks of his or her annual holidays entitlement in a continuous period; (c) must not unreasonably withhold consent to an employee’s request to take annual leave; and (d) may allow the employee to take an agreed portion of the employee’s annual leave entitlement in advance. An employer may only require an employee to take annual leave if: (a) the employer and employee are unable to reach agreement as to when the employee will take his or her annual holidays; or (b) the employee has annual leave entitlements at the commencement of a closedown period (as defined). In either case, the employer must give the employee at least 14 days’ notice of the requirement to take annual leave. Holidays Act 2003 §§18(3), 19(2), 20, 29, 30, 31, 32 Work during annual leave
No relevant provisions identified. PUBLIC HOLIDAYS
Number and dates
The Holidays Act provides for 11 public holidays, as follows: (1) Christmas Day (2) Boxing Day (3) New Year’s Day (4) 2 January (5) Waitangi Day (6) Good Friday (7) Easter Monday (8) ANZAC Day (9) the birthday of the reigning Sovereign (observed on the first Monday in June) (10) Labour Day (being the fourth Monday in October) (11) the day of the anniversary of a province or the day locally observed as that day Holidays Act 2003 §§43, 44 Payment
If an employee does not work on a public holiday and the day would otherwise be a working day for the employee, the employer must pay the employee not less than the employee’s relevant daily pay or average daily pay for that day. Holidays Act 2003 §49 Work on Public Holidays
» Criteria
An employer may require an employee to work on a public holiday if: (a) the public holiday falls on a day on which, but for it being a public holiday, would otherwise be a working day for the employee; and (b) the employee is required to work on the public holiday under the employee’s employment agreement. Holidays Act 2003 §47 » Compensation
If an employee works (in accordance with his or her employment agreement) on any part of a public holiday, the employer must pay the employee the greater of: (a) the portion of the employee’s relevant daily pay or average daily pay (less any penalty rates) that relates to the time actually worked on the day plus half that amount again; or (b) the portion of the employee’s relevant daily pay that relates to the time actually worked on the day. The employer must also grant the employee another day’s paid holiday, instead of a public holiday, if the public holiday falls on a day that would otherwise be a working day for the employee, and the employee works (in accordance with his or her employment agreement) on any part of that day. Holidays Act 2003 §§50, 56, 60 EMERGENCY FAMILY LEAVE
No general entitlement to emergency family leave identified. However, employees who have worked for an employer for a continous 6 month period (or for an average of 10 hours a week and at least 1 hour per day or 40 hours per month during the last 6 months) are entitled to: (a) 3 days’ bereavement leave on the death of a spouse or partner, parent or parent-in-law, child, brother or sister, grandparent, or grandchild; and (b) 1 day’s bereavement leave on the death of any other person, if the employer accepts, having regard to relevant factors, that the employee has suffered a bereavement as a result of the death. Bereavement leave is to be paid at the employee’s relevant daily pay or average daily pay for each day of bereavement leave taken. Holidays Act 2003 §§69, 70, 71 PART-TIME WORK
General provisions
No statutory provisions specific to part-time work identified. NIGHT WORK
Criteria for night work
No statutory provisions specific to night work identified. SHIFT WORK
Criteria for shift work
No statutory provisions specific to shift work identified. ON-CALL WORK
Calculation of working time
No statutory provisions regulating on-call work identified, beyond the requirement to provide an alternative day’s paid leave to employees who are on-call on a public holiday: (a) are called by the employer to work on the public holiday day, or (b) are not called in but have their freedom of action restricted by the on-call condition such that, for all practical purposes, the employees have not had a whole holiday. Holidays Act 2003 §59 FLEXITIME
Criteria
No provisions regulating flexi-time identified. CASUAL WORK
General provisions
No provisions specific to casual work identified. SHORT-TIME WORK/WORK-SHARING
General provisions
No provisions regulating short-time work or work-sharing arrangements identified. RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
The employee may request changes to his or her hours, days or place of work. Employment Relations Act 2000 §69AAA Limitations
An employee is only entitled to request a change if he or she has the care of any person and, as at the date the request is made, has been employed by his or her employer for the immediately preceding 6 months. Employees are not entitled to make a further request to vary his or her terms and conditions of employment within 12 months of an earlier request (whether the previous request was approved or refused). Employment Relations Act 2000 §§69AAB(2), 69AAD Reasons for request
Carers
An employee with responsibility for the care of any person may request his or her employer to vary the employee’s terms and conditions of employment relating to the employee’s working arrangements. Employment Relations Act 2000 §§69AAA, 69AAB Employer duties
An employer must deal with a request as soon as possible but not later than 3 months after receiving it and notify the employee whether his or her request has been approved or refused. If the request is refused, the employer must notify the employee of the ground for refusal and provide an explanation of the reasons for that ground. Employment Relations Act 2000 §69AAE Permissible reasons for refusal
An employer may refuse a request only if the employee is not eligible to make a request; or the request cannot be accommodated on 1 or more of the following grounds: (1) inability to reorganise work among existing staff; (2) inability to recruit additional staff; (3) detrimental impact on quality; (4) detrimental impact on performance; (5) insufficiency of work during the periods the employee proposes to work; (6) planned structural changes; (7) burden of additional costs; (8) detrimental effect on ability to meet customer demand. However, an employer must refuse a request if (a) the request is from an employee who is bound by a collective agreement; and (b) the request relates to working arrangements to which the collective agreement applies; and (c) the employee’s working arrangements would be inconsistent with the collective agreement if the employer were to approve the request. Employment Relations Act 2000 §69AAF Procedure
Carers
A request must be in writing and specify the following matters: (a) the variation of the working arrangements requested; (b) whether the variation is permanent or for a period of time; (c) the date on which the employee proposes that the variation take effect and its duration, if applicable; (d) how the variation will enable the employee to provide better care for the person concerned; (e) what changes, if any, the employer may need to make to the employer’s arrangements if the employee’s request is approved. Upon receiving the employee’s request, the employer must deal with it as soon as possible, but not later than 3 months after receiving it and notify the employee whether his or her request has been approved or refused. In the event that the employee considers the employer has not dealt with the matter as required, he or she may refer the matter to the Labour Inspector for assistance and, if necessary, mediation. If mediation does not resolve the matter, the employee may apply to the Employment Relations Authority for a determination within 12 months from the date on which the employer’s response was received or due. Employment Relations Act 2000 §§69AAC, 69AAE, 69AAG, 69AAH, 69AAI Right to return to prior working time
No relevant provisions identified. Right to information
No information obligations specific to requests to change working arrangements identified, beyond the requirement that the employer notify the employee of the grounds of any refusal and provide an explanation of these grounds. Employment Relations Act 2000 §69AAE INFORMATION & CONSULTATION
Information
Employers are required to keep records of employees’ leave entitlements, periods of leave taken and, where necessary for the purpose of calculating the employee’s pay, the hours between which the employee is employed on each day and the days of the employee’s employment during each pay period. The employer must keep these records for a period of at least 6 years and provide copies or excerpts upon the request of the relevant employee, his or her authorised representative or a Labour Inspector. Employment Relations Act 2000 §§130, 229
Holidays Act 2003 §81 Consultation
No consultation requirements specific to working time arrangements identified. However, the Employment Relations Act codifies a duty of good faith in relation to all employment relationships, including relationships between employers and employees and employers and unions, which requires the parties to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are, among other things, responsive and communicative. Employment Relations Act 2000 §4(1), (1A), (2) Results generated on: 20th April 2024 at 08:11:48.
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