Dáil Éireann debate -
Tuesday, 3 Mar 1998

Vol. 488 No. 1

Written Answers - Organisation of Working Time Act.

Seán Haughey

Question:

90 Mr. Haughey asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will exclude workers employed in the security industry from the provisions of Council Directive 93/104/EC having regard to the Organisation of Working Time Act, 1997; and if she will make a statement on the matter. [5525/98]

Tánaiste and Minister for Enterprise, Trade and Employment (Miss Harney)

EU Council Directive 93/104/EC concerning certain aspects of the organisation of working time was transposed into Irish law by the Organisation of Working Time Act, 1997, which sets out statutory rights for employees in respect of rest, maximum working time and holidays.

Section 4 (3) of the Act permits the exemption, by means of ministerial regulations, of certain activities from the application of certain provisions of the Act. Under this power the Minister of State with responsibility for labour, trade and consumer affairs, following the consideration of representations from various interests, made regulations on 30 January 1998 entitled the Organisation of Working Time (General Exemptions) Regulations, 1998, which exempt persons employed in a range of activities specified in a schedule to the regulations from the application of sections 11, 12, 13 and 16 of the

Act which deal with employee entitlements in respect of daily rest, breaks at work, weekly rest breaks and night work.

The exempted activities listed in the schedule include "an activity of a security or surveillance nature, the purpose of which is to protect persons or property and which requires the continuous presence of the employee at a particular place or places and, in particular, the activities of a security guard, caretaker or security firm". It should be noted, however, that these activities remain subject to the provisions of the Act relating to the maximum permitted weekly working hours and to holidays.

Trevor Sargent

Question:

91 Mr. Sargent asked the Tánaiste and Minister for Enterprise, Trade and Employment the transition procedures, if any, in place to provide for the loss of income suffered by workers who work a long working week and must adjust to the new law governing the maximum length of the working week. [5640/98]

Minister for Enterprise, Trade and Employment (Miss Harney)

The Organisation of Working Time Act, 1997, referred to by the Deputy, sets out statutory rights for employees in respect of rest, maximum working time and holidays. In relation to working time it provides, generally, for a maximum working week of 48 hours — in the interests of safety, health and welfare of workers.

The question of compensation, if any, for workers in respect of loss of income suffered as a result of reduced overtime earnings is a matter for negotiation between employers and workers and/or their respective representatives.

The 48 hour working week came into effect, generally, on 1 March 1998. However, in order to provide time for adjustment for those working long hours at present, the Act contains transitional provisions. These provide that employees may work up to 60 hours per week from 1 March 1998 to 28 February 1999, and up to 55 hours per week from 1 March 1999 to 29 February 2000. The 48 hour week comes into effect in respect of all employees covered by the Act on 1 March 2000. To work the maximum permitted hours during 1998 and 1999 an agreement must be reached between the parties which is approved by the Labour Court. The Fifth Schedule to the Act details the procedures to be observed in implementing the transitional provisions.