Vol. 506 No. 5
82 Mr. Callely asked the Tánaiste and Minister for Enterprise, Trade and Employment the current and proposed legislation to address the number of hours a person can work; the way in which hospital doctors are covered; and if she will make a statement on the matter. [15752/99]
The Organisation of Working Time Act, 1997, provides for statutory rights for employees in respect of rest, maximum working time and holidays. The Act stipulates a maximum average working week of 48 hours for employees averaged over four months generally, over six months for employees whose work is subject to seasonality, a foreseeable surge in activity or where the work involves ensuring continuity of service or production, and over 12 months if there is a collective agreement in place approved by the Labour Court. There is, however, a transitional arrangement under the Act whereby an employee may work up to an average of 55 hours a week in the period 1 March 1999 to 29 February 2000 provided the employee has agreed to those extended hours and provided the agreement has been approved by the Labour Court. If the employee is a member of a trade union or if his/her employment is represented by a trade union the employee must sign the agreement to work the extended hours through the trade union. If the employee is not a member of a trade union or no trade union exists in the place of employment the employee must sign an individual agreement to work the extra hours.
Doctors in training are excluded from the protection of the maximum working hours provisions in the Organization of Working Time Act, 1997. However, there are EU proposals for a directive which will provide, inter alia, for maximum weekly working hours for doctors in training. The Labour and Social Affairs Council of Ministers agreed on 25 May 1999 on a proposed directive whereby there would be a nine year transition period from the end of a four year implementation period before a 48 hour working week would apply to doctors in training. The transition period would be broken down into three stages with successive reductions in the working week : 60 hours for the first three years, 56 hours for next three years and 52 hours for the remaining three years.
What was agreed at the council meeting now goes to the European Parliament for consideration. The eventual final content of the directive is a matter for negotiation between the Council and the Parliament. The Minister for Health and Children, has indicated that he does not believe that we need to await the final outcome of the EU's deliberations on the draft directive to begin to put in place the preparatory process required to implement the primary provisions of the legislation. In that regard he regards it as necessary to establish the facts on the ground. Accordingly, it has been proposed following a recent meeting between representatives from the Department of Health and Children, the Health Services Employers Agency and the Irish Medical Organisation that a study should be undertaken which would look at the hours worked by non-consultant hospital doctors. When the findings of the study and the outcome of the medical manpower forums deliberations are available, it is intended to reach agreement on how to reduce the NCHD working hours in a manner that benefits doctors and patients.
