Seán Ryan
Question:25 Mr. Ryan asked the Minister for Labour if he has any plans to update the law in relation to the rights of workers employed on the basis of irregular or antisocial hours in 1990; and if he will make a statement on the matter.
Written Answers. - Workers' Rights.
The Conditions of Employment Acts, 1936 and 1944, regulate working time for industrial workers. Under these Acts, shift work is unlawful unless on continuous process work or under licence. The Acts also stipulate that overtime must be compensated by a provision of not less than 25 per cent.
The Shops (Conditions of Employment) Acts, 1938 and 1942, regulate working hours for most retail employments and also provide for an overtime premium of at least 25 per cent.
The Night Work (Bakeries) Acts, 1936 and 1981, prohibit baking at night save under the licence. These Acts are being reviewed at present, in consultation with the social partners.
The Protection of Young Persons (Employment) Act, 1977, which sets limits to the working hours of young people aged under 18, provides for an overtime premium of at least 25 per cent and imposes a general prohibition on night work by young people.
Employment Regulation Orders and Registered Employment Agreements, which are established under the terms of the Industrial Relations Act, 1946 and which apply to specific categories of workers or specific sectors, generally provide for overtime compensation. The Employment Regulation Orders for the hotel and catering sectors also prescribe compensation for night work; and the Registered Employment Agreement for the security industry provides for payment in respect of unsocial hours and night shifts. The terms of these orders and agreements are reviewed at regular intervals.
With the exception of the foregoing, there is no general statutory regulation of employment during irregular or antisocial hours. This is by and large a matter for negotiation between employers and employees or their trade unions. The role of the State in this area is primarily that of helping those who cannot resolve their problems through negotiation, by providing machinery, to assist in settling disputes. Accordingly, it is not my intention to consider the introduction of further regulation in this area.