Dáil Éireann Debate, Tuesday - 29 November 2016
760. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if plans are being considered to amend the Organisation of Working Time Act 1997, concerning Sunday premiums and supplemental provisions in order to provide greater clarity to both workers and employers as to the definition of reasonable paid allowances, pay increases and-or paid time off work; and if she will make a statement on the matter. [37606/16]
View answerI have no plans to amend the provisions of the Organisation of Working Time Act related to Sunday premiums.
Section 13(5) of the Organisation of Working Time Act 1997 provides that the weekly or fortnightly rest period for employees must include a Sunday unless the contract of employment includes a specific provision requiring the employee to work on a Sunday. Section 14 of the Act provides that an employee who is required to work on a Sunday is entitled to a premium for Sunday work in circumstances where the requirement to work on a Sunday has not already been taken account of in the determination of an employee’s pay. The method for determining the premium to be paid is set out in Section 14.
An employee can seek redress in relation to section 14 by making a complaint to the Adjudication Service of the Workplace Relations Commission (WRC). In circumstances where WRC Inspectors, in the course of the inspection of employment records, become aware of, or suspect, a possible failure to comply with the provisions relating to the payment of Sunday premium, the employer concerned is advised of their obligations and employees are advised of the avenues of redress open to them.
Any persons with questions or complaints regarding their rights under employment law should contact Workplace Relations Customer Service on lo-call 1890 80 80 90 or at www.workplacerelations.ie.
