The Organisation of Working Time Act 1997 is a law that protects employees’ rights regarding their working hours, breaks, holidays, and rest periods. Here’s a simplified breakdown:
1. Maximum Working Hours
- A worker cannot be required to work more than:
- 48 hours per week, on average.
- The average is usually calculated over a 4-month period (some sectors can calculate over 6 or 12 months).
2. Rest Periods
- Worker are entitled to breaks during the working day:
- 15-minute break if they work more than 4.5 hours.
- 30-minute break if they work more than 6 hours (this includes the 15-minute break).
- They also have the right to:
- 11 consecutive hours of rest in a 24-hour period (daily rest).
- 24 consecutive hours of rest in each 7-day period (weekly rest), which should be in addition to the 11-hour daily rest.
3. Night Work
- Night workers (people working between midnight and 7 a.m.) cannot work more than an average of 8 hours in a 24-hour period.
4. Annual Leave (Holidays)
- Full-time employees are entitled to a minimum of 4 weeks of paid annual leave each year.
- Part-time employees also get holidays, calculated based on the hours they work. They earn 1/3 of a working week’s leave for every month they work at least 117 hours.
- Public holidays (like Christmas, Easter, and St. Patrick’s Day) must be given as a paid day off, an extra day’s pay, or another day off instead.
5. Public Holidays
- Employees are entitled to benefit from 9 public holidays per year. For these days, employers must provide one of the following:
- A paid day off on the public holiday
- An extra day of annual leave
- An extra day’s pay
- A paid day off within a month of the holiday.
6. Sunday Work
- If an employee works on a Sunday, they are entitled to extra compensation. This could be:
- Extra pay,
- Time off, or
- An increased rate that compensates for the Sunday work.
7. Who the Act Covers
- The Act applies to all employees, including full-time, part-time, and temporary workers, with a few exceptions (such as Gardaí, Defence Forces, and certain trainees).
8. Exemptions and Flexibility
- Certain sectors (like transport or health services) may have exceptions to some rules, but they must still ensure employees get adequate rest and time off.
9. Enforcement
- Employees can make a complaint to the Workplace Relations Commission if their employer does not comply with the Act.
In Summary:
The Organisation of Working Time Act ensures employees:
- Don’t work too many hours.
- Get proper rest breaks and holidays.
- Are compensated for working on Sundays and public holidays.
It’s designed to promote work-life balance and protect workers from overworking.