Jonathan O'Brien
Question:276. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation the number of hours a betting office is legally allowed to single-man a shop for. [19628/14]
View answerWednesday, 30 April 2014
Questions (276)
Written answers
With regard to the issue of working time for employees in general, I note that the Organisation of Working Time Act 1997 (OWTA) and Regulations made thereunder provide for the regulation of working time by setting out statutory rights for employees in respect of maximum weekly working hours, daily and weekly rest and rest breaks during the day. The OWTA provides for a rest break of at least 15 minutes (unpaid) after four and a half hours work. Also, for employees generally, there is a requirement for a break of at least 30 minutes where more than 6 hours is worked, which may include the earlier break. In addition, specific rules on rest breaks during the day apply to shop employees (which include betting shops) under the Organisation of Working Time (Breaks at Work for Shop Employees) Regulations 1998 (Statutory Instrument No. 57 of 1998). These Regulations provide that shop employees whose hours of work include the period from 11.30 a.m. to 2.30 p.m. shall, after 6 hours’ work, be allowed a break (unpaid) of one hour, which must commence between 11.30 a.m. and 2.30 p.m., provided such commencement would not result in the break occurring at the end of the working day. The one-hour break may include the earlier 15-minute break, if appropriate. The Act also provides for a daily rest period of at least 11 consecutive hours in each period of 24 hours. This means that there must be one 11-hour consecutive break between the time the employee ceases work and commences the next shift.
The National Employment Rights Authority (NERA) has an inspectorate which is empowered to carry out workplace inspections to ensure compliance with a range of employment rights legislation, including certain provisions of the OWTA. Where NERA inspectors come across breaches of employment rights legislation, including the OWTA, they will advise the employer to rectify the issue, and will advise the employee of the appropriate means of redress. If an employee believes that his or her rights under the OWTA have been breached, he or she may make a complaint, in the first instance, to a Rights Commissioner. A Rights Commissioner may award compensation of up to 2 years’ pay. NERA’s powers to prosecute in respect of breaches of the OWTA relate to the record keeping provision and the provision regarding overall hours worked in instances where an employee has more than one employer.
Further information on the OWTA and other employment rights, including means of redress, is available from the Workplace Relations Customer Service of NERA. This service operates from 9.30 a.m. to 5 p.m. on weekdays and can be contacted on Lo-Call 1890 808090. Workplace Relations Customer Service also provides extensive information on its website www.workplacerelations.ie.
I should point out that the Betting Act 1931, which contains the existing provisions governing the licensing of bookmakers, comes under the responsibility of the Minister for Finance. The Betting (Amendment) Bill 2013 was referred to Select Committee on 30 January 2014. I note that proposals for amendment of the overall regulatory framework covering both the betting and gaming industries are being prepared by the Minister for Justice and Equality, as set out in the published General Scheme of a Gambling Control Bill.