The working week

Information

The Organisation and Working Time Act 1997 states that the maximum average working week for many employees cannot exceed 48 hours. This does not mean that a working week can never exceed 48 hours, it is the average that is important. The average may be calculated in one of the following ways:

• Over 4 months for most employees
• Over 6 months for employees working in the security industry, hospitals, prisons, gas/electricity, airport/docks, agriculture and employees in businesses which have peak periods at certain times of the year such as tourism.
• over 12 months where there has been an agreement between the employer and the employees to this effect. The agreement between employer and employees must be approved by the Labour Court.

The calculation of 48 hours does not include annual leave, sick leave or maternity/adoptive/parental leave.
The legislation also lays down rules for night workers, minimum breaks and rest periods. There are also special provisions in relation to Sunday working – see below.

Exceptions

The provisions of the Organisation of Working Time Act 1997 on working time and rest periods do not apply to all employees. They do not apply to the Gardaí, Defence Forces, employees who control their own working hours or family employees on farms or in private homes. The working hours of young people under the age of 18 are regulated by the Protection of Young Persons (Employment) Act 1996.

There are separate regulations governing the working time of trainee doctors (SI 494 of 2004) and employees working at sea.

Employees employed in transport activities (SI 20 of 1998) and in certain categories of civil protection services (SI 52 of 1998) are currently exempt from provisions on maximum average working week and statutory rest breaks/periods.

Sunday working

If you do Sunday work your entitlement to extra pay may be agreed between you and your employer. Under the Organisation of Working Time Act, if there is no agreement about your pay, your employer must give you one or more of the following for Sunday working:

• A reasonable allowance
• A reasonable pay increase
• Reasonable paid time off work

What is reasonable depends on all the circumstances. It is a matter for negotiation between you and your employer and, where applicable, your trade union. Some guidance may be obtained by referring, where possible, to an agreement applying to comparable employees elsewhere in similar employment. The Labour Relations Commission has published a Code of Practice for Sunday working in the Retail Trade (pdf).

Under the Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001, your employer is required to keep detailed records of your working hours.  

Overtime

Overtime is work done outside normal working hours. There is no statutory obligation on employers in Ireland to pay employees higher rates, for example, double time, for work completed in overtime. You must, however, receive at the very least your normal hourly rate of pay for overtime. Certain sectors of employment are covered by Employment Regulation Orders and Registered Employment Agreements which may have higher rates of pay for overtime.

How to apply

You should refer disputes to a Rights Commissioner under the Organisation of Working Time Act 1997 using the Rights Commissioner complaints form (pdf). You should make a complaint within 6 months of the dispute occurring. However a Rights Commissioner may extend this time limit for up to 12 months if there was reasonable cause for not bringing the complaint within the first 6 months.

There is an explanatory leaflet on working hours and the Organisation of Working Time Act 1997 (pdf). Further information on working hours and your employment rights is available from the Information Services of the National Employment Rights Authority.

Where to apply