Remarks: This Act shall not apply to a member of the Garda Si´ocha´na or the Defence Forces. The Part II of this Act, corresponding to Minimum Rest Periods and other matters relating to working time shall not apply to: - workers engaged in sea fishing, other work at sea, or the activities of a doctor in training. - a person who is employed by a relative and is a member of that relative’s household, and whose place of employment is a private dwelling house or a farm in or on which he or she and the relative reside, or a person the duration of whose working time 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. Section 3(1)(2)
Name of Act
Organisation of Working Time (General Exemptions) Regulations, 1998 (No. 21 of 1998)
Statutory Instruments No. 239_2007 — Industrial Relations Act 1990 (Code of Practice for Protecting Persons Employed in Other Peoples Homes) (Declaration) Order 2007
Remarks: The scope of domestic workers legislation in Ireland covers all persons employed in the home of another person, in accordance with the provisions of the Code of Practice for Determining Employment or Self-Employment Status of Individuals.
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
The employer shall supply to the employee a written statement of terms and conditions of employment, among other terms, the hours of work, the periods of annual leave or the rates of pay, which according to the legislation shall not be less favourable than those set for other categories of workers. Sections 2,4,5
"Working time" shall mean 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 S.2
Employee/worker
"Employee" means a person of any age, who has entered into or works under a contract of employment.
Organisation of Working Time Act S.2
Employer
“Employer’’ means in relation to an employee, the person with whom the employee has entered into or for whom the employee works under a contract of employment.
Organisation of Working Time Act S.2
Part-time work(er)
‘‘Part-time employee’’ means an employee whose normal hours of work are less than the normal hours of work of an employee who is a comparable employee in relation to him or her.
Protection of Employees (Part-Time Work) Act S.7(1)
Night work(er)
"Night work" shall mean work carried out in the period between midnight and 7 a.m. on the following day;
"Night worker" shall mean an employee who normally works at least 3 hours of his daily working time during night time and whose total number of night working hours in each year equals or exceeds 50 per cent.
Organisation of Working Time Act S.16(1)
Domestic worker
Domestic worker is a person employed in the home of another person, in accordance with the provisions of the Code of Practice for Determining Employment or Self-Employment Status of Individuals.
Statutory Instruments No. 239_2007 S.2
Young worker
"Young worker" shall mean a worker who has reached 16 years old or the school-leaving age (whichever is higher) but is less than 18 years old.
Protection of Young Persons Act S.1 Safety, health and welfare at work (general application) S.143
NORMAL HOURS LIMITS
Daily hours limit
General limit
(No general daily hours limit)
Historical data (year indicates year of data collection)
2009: (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 S.16
» Young workers
Young workers are prohibited to perform more than 8 hours of work per day.
Protection of Young Persons Act S.6(1a)
» Domestic work
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
Statutory Instruments No. 239_2007 S.4
Weekly hours limit
General limit
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.
Organisation of Working Time Act S.15 The website of the Citizens Information.
Historical data (year indicates year of data collection)
2009: 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.
2007: No normal hours limit. Maximum limit (including overtime) of 48 hours.
1995: 48 hours.
Special categories
» Young workers
Young workers are prohibited to perform more than 40 hours of work per week.
Protection of Young Persons Act S.6(1a)
» Domestic work
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
Statutory Instruments No. 239_2007 S.4
OVERTIME WORK
Limits on overtime hours
General limits
There is no general weekly hours limit. The maximum average weekly working hours (including overtime) cannot exceed 48 hours.
Organisation of Working Time Act S.15(1)
Historical data (year indicates year of data collection)
2009: No general weekly hours limit. Maximum limit (including overtime) of 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 S.5, 15(1)
Compensation for overtime work
Overtime rate(s)
Relevant provisions on overtime rates have been not identified. It seems that they shall be determined by collective agreements.
Organisation of Working Time Act S.4(5) The website of the Citizens Information.
Historical data (year indicates year of data collection)
2009: To be determined by collective agreements.
2007: To be determined by collective agreements.
1995: 25% premium.
Notice of requirement to work overtime
General provisions
The employer shall notify the employee with at least 24 hours in advanced the times of at which the employee will be required to start and finish working in each day, or on which days is required to work additional hours.
To this respect, it is sufficient to post a notice in a conspicuous position in the workplace.
Organisation of Working Time Act S.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 S.5
Special categories
Domestic work
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
Statutory Instruments No. 239_2007 S.4
REST PERIODS
“Rest period’’ means any time that is not working time.
Organisation of Working Time Act S.2
Rest breaks
General provisions
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.
Organisation of Working Time Act S.12(1)-(4), 2 The website of the Citizens Information.
Historical data (year indicates year of data collection)
2009: 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.
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.
Special categories
» Young workers
Young workers are entitled to a rest break of at least 30 consecutive minutes after 4 and a half hours of work.
Protection of Young Persons Act S.6(1e)
» Domestic work
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
Statutory Instruments No. 239_2007 S.4
Daily rest periods
Duration
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.
Organisation of Working Time Act S.11
Historical data (year indicates year of data collection)
2009: 11 hours
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
Remarks: Categories to whom the minimum daily rest period does not apply include: (1) Workers who regularly travel long distances; (2) Security or surveillance activities that require continuous presence of the worker; (3) The provision of services at harbours and airports; (5) Production in the press, radio, television and cinema industries; (6) Production in the postal and telecommunication industries; (6) The provision of ambulance, fire and civil protection services; (7) The production, transmission or distribution of gas, water or electricity; (8) The collection of household refuse or the operation of incineration plants; (9) Any industrial activity in which work cannot, for technical reasons, be interrupted; (10) Research and development; (11) Agriculture (12) Tourism.
Special categories
» Shift work
When shift workers are changing shift or are working split shifts there is an exemption from the requirement to have the rest periods.
Organisation of Working Time Act S.4
» Young workers
Young workers are entitled to receive a minimum daily rest period of 12 consecutive hours in each period of 24 hours.
Protection of Young Persons Act S.6(1c)
» Domestic work
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
Statutory Instruments No. 239_2007 S.4
Weekly rest periods
Duration
» General
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.
Organisation of Working Time Act S.13(2)-(3)
Historical data (year indicates year of data collection)
2009: 24 hours in each period of 7 days. 48 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
Remarks: Categories to whom the weekly rest period does not apply include: (1) Workers who regularly travel long distances; (2) Security or surveillance activities that require continuous presence of the worker; (3) The provision of services at harbours and airports; (5) Production in the press, radio, television and cinema industries; (6) Production in the postal and telecommunication industries; (6) The provision of ambulance, fire and civil protection services; (7) The production, transmission or distribution of gas, water or electricity; (8) The collection of household refuse or the operation of incineration plants; (9) Any industrial activity in which work cannot, for technical reasons, be interrupted; (10) Research and development; (11) Agriculture (12) Tourism.
Day specified
» General
The weekly rest day shall be the Sunday unless otherwise provided in the labour contract. In case the lenght of the weekly rest period is more than 24 hours, this period shall include the Sunday.
Organisation of Working Time Act S.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 S.14(1)
Special categories
» Shift workers
When shift workers are changing shift or are working split shifts there is an exemption from the requirement to have the rest periods.
Organisation of Working Time Act S.4
» Young workers
Young workers are entitled to a minimum weekly rest period of 2 days in any period of 7 days, which shall, as far as practicable, be consecutive.
Protection of Young Persons Act S.6(1d)
» Domestic workers
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
Statutory Instruments No. 239_2007 S.4
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Annual leave shall be count as working time as for the purposes of entitlement in respect of public holidays.
Organisation of Working Time Act S.22
Duration
» General
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.
Organisation of Working Time (Determination of Pay for Holidays) S.19 (1) The website of the Citizens Information.
Historical data (year indicates year of data collection)
2009: 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.
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
Pay in respect of annual leave is paid at the normal weekly rate. If your pay varies, the amount shall be calculated at a rate which is proportionate to the normal weekly rate.
Organisation of Working Time Act S.20(2)(b)
» Date of payment
The annual leave pay shall be paid to the employee in advance of the commencement of such leave.
Organisation of Working Time Act S.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 S.19(3), 20(1)
Special categories
» Domestic work
The legislation provides that persons employed in other people´s homes have an equal entitlement to the employment rights and protections available to any other employee.
Statutory Instruments No. 239_2007 S.4
PUBLIC HOLIDAYS
Number and dates
9 days
Organisation of Working Time Act §21 and Second Schedule 1 The website of the Citizens Information.
Remarks: The list of public holidays each year is as follows: - New Year's Day (1 January) - St. Patrick's Day (17 March) - Easter Monday - First Monday in May, June, August - Last Monday in October - Christmas Day (25 December) - St. Stephen's Day (26 December)
Payment
Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.
Employees who qualify will be entitled to one of the following: - A paid day off on the public holiday - An additional day of annual leave - An additional day’s pay - A paid day off within a month of the public holiday
The worker may ask his employer at least 21 days before a public holiday which of the alternatives will apply. If the employer fails to respond at least 14 days before the public holiday, the employee shall be entitled to take the actual public holiday as a paid day off.
Organisation of Working Time Act S.21 The website of the Citizens Information.
EMERGENCY FAMILY LEAVE
CARER´S 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.
FORCE MAJEURE LEAVE
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 close family member (further specified) the immediate presence of the employee is indispensable. The maximum amount of leave is 3 days in any 12-month period or 5 days in a 36-month period.
Force majeure leave does not give any entitlement to leave following the death of a close family member.
Carer`s Leave Act S.6 Parental Leave Act S.13 The website of the Citizens Information.
Remarks: In the case of force majeure leave, A close family member is defined as one of the following: - A child or adopted child of the employee - The husband/wife/partner of the employee - Parent or grandparent of the employee - Brother or sister of the employee - Person to whom the employee has a duty of care (that is, he/she is acting in loco parentis) - A person in a relationship of domestic dependency with the employee, including a same-sex partner (since 18 May 2006) - Persons of any other class (if any) as may be prescribed.
PART-TIME WORK
General provisions
‘‘Part-time employee’’ means an employee whose normal hours of work are less than the normal hours of work of an employee who is a comparable employee in relation to him or her.
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 S.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 S.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 S.11(2)
NIGHT WORK
Criteria for night work
"Night work" shall mean work carried out in the period between midnight and 7 a.m. on the following day;
"Night worker" shall mean an employee who normally works at least 3 hours of his daily working time during night time and whose total number of night working hours in each year equals or exceeds 50 per cent.
Organisation of Working Time Act S.16(1)
Limits
Daily hours limit
A night worker should not work more than an average of 8 hours in a 24-hour period. The average is calculated over either a 2-month period or a longer period if it is part of a collective agreement.
If the night work involves special hazards or physical or mental strain, then working hours cannot exceed 8 hours in a 24-hour period.
Organisation of Working Time Act S.16
Workers' health
The employer is required to carry out a risk assessment in order to determine whether the night work involves special hazards, or physical or mental strain.
The employer, before employing a person as a night worker, and at regular intervals during the period that that person is employed as a night worker, shall make available to that person, free of charge, an assessment by a registered medical practitioner, or a person under the practitioner’s supervision, in relation to any adverse effects of that night work on the night worker’s health.
Organisation of Working Time Act S.16(3) The website of the Citizens Information. Safety, health and welfare at work (general application) S.155, 157
Transfers
If a night worker becomes ill as a result of night work, the employer should, whenever possible, assign duties to the employee that do not involve night work and which are suited to that employee.
Safety, Health and Welfare at Work (Night Work and Shift Work) Regulations S.7(5) Safety, health and welfare at work (general application) S.157(5) The website of the Citizens Information.
Special categories
Young workers
Young workers are prohibited to perform work: - in the interval between 10 p.m. on any one day and 6 a.m. on the following day, or - between 11 p.m. on any one day (provided the day is not before a school day during a school term where such young person is attending school) and 7 a.m. on the following day, where the Minister is satisfied, following consultation with such representatives of employers and representatives of employees as the Minister considers appropriate, that there are exceptional circumstances affecting a particular branch of activity or a particular area of work as may be prescribed.
Protection of Young Persons Act S.6(1b)
Pregnant workers/recent birth
If a registered medical practitioner certifies that the performance of night work during pregnancy or for 14 weeks following childbirth may cause a danger for the safety or health of an employee, the employer shall transfer such employee to daytime work, or where such a transfer is not technically or objectively feasible on duly substantiated grounds, or both, grant the employee leave or extend the period of maternity leave.
Safety, health and welfare at work (general application) S.151(2)
SHIFT WORK
Daily rest period
When shift workers are changing shift or are working split shifts there is an exemption from the requirement to have the rest periods.
Organisation of Working Time Act S.4
Weekly rest period
When shift workers are changing shift or are working split shifts there is an exemption from the requirement to have the rest periods.
Organisation of Working Time Act S.4
ON-CALL WORK
Relevant provisions have been not identified.
FLEXITIME
Relevant provisions have been not identified.
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 S.18
SHORT-TIME WORK/WORK-SHARING
Relevant provisions have been not identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
Employers shall assess any risk to the safety or health of the pregnant or nursing employee resulting from any activity at that employer’s place of work.
Where such risk assessment reveals a risk or any possible adverse effect on the pregnancy or breastfeeding of an employee, and protective or preventive measures are not practicable, the employer shall adjust temporarily the working conditions or the working hours, or both, of the employee concerned so that exposure to such risk is avoided.
If a registered medical practitioner certifies that the performance of night work during pregnancy or for 14 weeks following childbirth may cause a danger for the safety or health of an employee, the employer shall transfer such employee to daytime work, or where such a transfer is not technically or objectively feasible on duly substantiated grounds, or both, grant the employee leave or extend the period of maternity leave.
Safety, health and welfare at work (general application) S.149, 150, 151(2)
Reasons for request
Medical reasons
If a night worker becomes ill or otherwise exhibits symptoms of ill-health, and that illness is or those symptoms are recognised as being connected with the fact that the worker performs night work, the employer, whenever possible, shall assign duties to the employee not involving the performance of any night work and to which the employee is suited.
Safety, health and welfare at work (general application) S.157(5)
INFORMATION & CONSULTATION
Information
“Information” means transmission by the employer to one or more employees or their representatives (or both) of data in order to enable them to acquaint themselves with the subject matter and to examine it and cognate words shall be read accordingly.
If the hours of work of an employee are not specified in the contract of employment, nor in any employment regulation order, registered employment agreement or collective agreement, the employer must notify the employee of the starting and finishing times at least 24 hours before the first day or the day of each week the employee is required to work. The employer can do this by putting up a notice in a conspicuous place in the employee’s workplace on a day when the employee is working. If the employee is required to work additional hours the 24 hours’ notice must be given in the same way. However, in unforeseen circumstances such as another employee off work sick, the employer can ask the employee to work at less than 24 hours’ notice.
Subject to the provisions of this Act, an employee employed in an undertaking employing 50 or more employees has a right to information and consultation.
Employees (Provision of Information and Consultation) S.1, 3(1) Organisation of Working Time Act S.17(1) The website of the Citizens Information.
Consultation
“Consultation” means the exchange of views and establishment of dialogue between either or both one or more employees, the employees’ representative or representatives and the employer.
Subject to the provisions of this Act, an employee employed in an undertaking employing 50 or more employees has a right to information and consultation.
Employees (Provision of Information and Consultation) S.1, 3(1)
Results generated on: 24th April 2024 at 06:24:21.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
