I have no plans at this time to amend the provisions of the Organisation of Working Time Act to further elaborate on the definition of reasonable paid allowances, pay increases and or paid time off work with respect to Sunday premiums and supplemental provisions. The Deputy should note that there have been a number of Labour Court decisions that further elaborate on the interpretation of the current provisions. These decisions can, as intended, take account of all of the circumstances in each case, something that is difficult to achieve in primary legislation. The Deputy should note that this is an area where the opportunity was taken in the Workplace Relations Act, 2015 to give power to a Workplace Relations inspector to serve a compliance notice on an employer.
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 compensation 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 means of compensation to be paid is set out in that Section.
An employee can seek redress by making a complaint to 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. Appeals from the WRC are to the Labour Court.
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.
