Dáil Éireann Debate, Tuesday - 1 June 2004
106 Mr. N. O’Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the maximum number of hours per week an employee can work under the Organisation of Working Time Act 1997; and the other main issues of criteria under this legislation. [16401/04]
View answerThe Organisation of Working Time Act 1997 provides that an employee shall not work more than an average of 48 hours a week, averaged generally over four months. For employees whose work is subject to seasonality or a foreseeable surge in activity, or where employees are directly involved in ensuring continuity of service or production, the averaging period is six months. The averaging period can be extended to up to 12 months for employees who have entered into a collective agreement providing for such a reference period and provided the collective agreement is approved by the Labour Court. Night workers shall not work more than an average of 48 hours a week averaged over two months and such employees whose work involves special hazards or heavy physical or mental strain shall not work more than a total of 48 hours a week.
The Act provides that an employee is entitled to a break of 15 minutes after working more than four and a half hours and a further break of 15 minutes after working more than six hours. If a break is not taken after more than four and a half hours work, a 30 minute break may be taken after more than six hours work.
The Act provides that an employee is entitled to 11 consecutive hours rest in a 24 hour period and 35 consecutive hours rest in a seven day period. If an employee does not receive the 35 hour rest period in seven days, he or she is entitled to a rest period of 59 consecutive hours in 14 days.
The above maximum working hours and rest provisions do not apply to members of the Defence Forces, the Garda Síochána, a junior hospital doctor, a transport employee, any employees who can control their own working hours and family employees working on a farm or in a private house.
The Act also provides for a premium for Sunday work and for compensation for employees working on zero hours contracts. In addition, the Act provides for annual leave as follows: four working weeks in a leave year in which the employee works at least 1365 hours, unless it is a leave year in which he or she changes employment; or one third of a working week per calendar month that the employee works at least 117 hours; or 8% of the hours an employee works in a leave year, but subject to a maximum of four working weeks). Finally, the Act provides for nine public holidays a year.
