Dáil Éireann Debate, Wednesday - 17 September 2014
400. Deputy Paul J. Connaughton asked the Minister for Jobs, Enterprise and Innovation the break entitlements for outdoor workers working eight hour shifts and ten hour shifts; and if he will make a statement on the matter. [34180/14]
View answerThe Organisation of Working time Act, 1997 sets out rights of employees in respect of minimum rest times and breaks during the working day.
In general employees are entitled to a minimum of:
- 11 consecutive hours rest in a 24 hour period called the daily rest period
- One period of 24 hours rest in a week preceded by a daily rest period
- 15 minutes when working four and a half hours or more, 30 minutes when working six hours or more which may include the first break.
There is no specific definition of ‘outdoor worker’ under the legislation. Certain sectors can be exempt from holding to the strict rest breaks regime providing a satisfactory compensatory rest regime is in place. These are defined under S.I. No. 21/1998. Organisation of Working Time (General Exemptions) Regulations 1998. The exemptions apply to some specific sectors including agriculture and the production, transmission or distribution of gas, water or electricity. These sectors may include workers that might fall within the common understanding of ‘outdoor worker’.
Crucially, while the timing of the rest breaks in the course of the day and week are more flexible for those exempted sectors this is subject to implementing a satisfactory alternative rest and breaks regime.
Where a dispute arises in relation to breaks or the compensatory rest regime an employee can take a complaint to the Rights Commissioners Service. To make a complaint the employee may use the on-line complaint form available on www.workplacerelations.ie which also allows for electronic submission of the complaint.
