Organisation of Working Time Act 1997

PART I Preliminary and General

1. 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.

2. Interpretation.

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 undersection 40of theWorkplace Relations Act 2015;]

“annual leave” shall be construed in accordance with section 19;

“collective agreement” 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.]

“contract of employment” means—

(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;

“the Council Directive” 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;

“employee” 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, F4[a person holding office under, or in the service of, the State as a member of the Defence Forces 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 F5[Local Government Act 2001(as amended by the Local Government Reform Act 2014),] or of a harbour authority, health board or F6[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;

“employer” 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 “contract of employment” 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;

F7["employment regulation order" means an employment regulation order within the meaning of Part IV of theIndustrial Relations Act 1946;]

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

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

“the Minister” means the Minister for Enterprise and Employment;

“outworker” 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;

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

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

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

“rest period” means any time that is not working time;

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

“working time” 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 “work” 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.

(3)In this Act—

(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).

3. 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 F8[…].

F9[(1A) Subject tosubsection (4), this Act shall not apply to a member of the Defence Forces where the member is—

(a) on active service within the meaning ofsection 5of theDefence Act 1954,

(b) deemed to be on active service in accordance withsection 4 (1)of theDefence (Amendment) (No. 2) Act 1960,

(c) despatched for service outside the State under subsection (1) ofsection 3of theDefence (Amendment) Act 2006for any purpose referred to in paragraph (b), (d), (e) or (f) of that subsection,

(d) engaged in duties and tasks while on sailing orders,

(e) engaged in operations in aid to the civil power,

(f) in barracks during an assigned duty period relating to explosive ordnance duties, or deployed to perform such duties,

(g) engaged in fire crew duties at Casement Aerodrome, Baldonnel,

(h) engaged in operational activities as a member of the Army Ranger Wing,

(i) engaged in—

(i) induction training,

(ii) Special Operations Force Qualification,

(iii) essential training prior to a period of active service within the meaning ofsection 4 (1)of theDefence (Amendment) (No. 2) Act 1960, or

(iv) essential training prior to a period of despatch for service outside the State in accordance withsection 3 (1)of theDefence (Amendment) Act 2006for any purpose referred to in paragraph (b), (d), (e) or (f), or

(j) engaged in activities of a special nature on the direction of Government, or in support of a state body, that cannot, due to the nature of the activities in question, be performed in compliance with the provisions of this Act.

(1B) Insubsection (1A), "state body" means—

(a) a Minister of the Government, or

(b) a person—

(i) established by or under any enactment (other than theCompanies Act 2014or a former enactment relating to companies within the meaning ofsection 5of that Act), or

(ii) established under theCompanies Act 2014, or a former enactment relating to companies within the meaning ofsection 5of that Act, in pursuance of powers conferred by or under another enactment,

and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government.]

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

(a)a person engaged in—

(i) sea fishing,

(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 F10[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 F10[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 F11[subsection (1),paragraphs (a)to(j)ofsubsection (1A)orsubsection (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 “relative”, 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.

4. Exemptions.

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.

5. 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, F12[16,17or18A] 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.

6. 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.

7. 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.

8. Inspectors.

8.—F13[…]

9. Repeals.

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

10. Expenses.

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.

PART II Minimum Rest Periods and other matters relating to Working Time

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.

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).

13. Weekly rest periods.

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